Post Meeting Packet - Commerce and Tourism (February 4, 2020)
Summary
A post-meeting packet for the Commerce and Tourism committee meeting of 02/04/2020, 9:00 AM - 11:00 AM, 2020 Regular Session. The agenda order lists CS/SB 474 (Deregulation of Professions and Occupations), SB 660 (Uniform Commercial Real Estate Receivership Act), SB 850, SB 1140 (Public Accountancy), SB 1240 (Corporate Income Tax Credit) and SB 1642 (Tax Exemptions). The Florida Senate bill analysis of CS/CS/SB 474 states that the bill repeals the authority of the Department of Health to suspend or revoke a professional license because of a default on a student loan. The packet ends with a timed record of speakers, a roll call and adjournment.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Post Meeting Packet - Commerce and Tourism (February 4, 2020).”
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02/04/2020 - Commerce Tourism (9:00 AM - 11:00 AM) 2020 Regular Session
Customized 02/05/2020 3:52 PM
Agenda Order
Tab 1 CS/SB 474 by IT, Albritton; (Compare to H 00077) Deregulation of Professions and Occupations
502686 A S RS CM, Albritton Delete L.704: 02/04 11:18 AM
865724 SA S RCS CM, Albritton Delete L.207 - 1318: 02/04 11:18 AM
538138 A S WD CM, Albritton Delete L.863 - 894: 02/04 11:18 AM
510452 A S WD CM, Albritton Delete L.1080 - 1085: 02/04 11:18 AM
867106 A S RCS CM, Albritton btw L.1605 - 1606: 02/04 11:18 AM
569536 A S RCS CM, Albritton Delete L.1853 - 1878: 02/04 11:18 AM
751274 A S RCS CM, Albritton Delete L.1883 - 1899: 02/04 11:18 AM
891252 A S RCS CM, Albritton Delete L.1932 - 1943: 02/04 11:18 AM
688848 A S WD CM, Albritton Delete L.2000 - 2114: 02/04 11:18 AM
782978 A S RCS CM, Albritton btw L.2119 - 2120: 02/04 11:18 AM
Tab 2 SB 660 by Berman; (Similar to H 00783) Uniform Commercial Real Estate Receivership Act
258940 A S RCS CM, Berman Delete L.237 - 636: 02/04 11:18 AM
Tab 3 SB 850 by Pizzo; Exposure of Sexual Organs
Tab 4 SR 1704 by Flores; (Similar to H 08021) Taiwan
Tab 5 SB 1140 by Gruters; (Identical to H 00867) Public Accountancy
Tab 6 SB 1240 by Gruters; Corporate Income Tax Credit
306312 A S RCS CM, Gruters Delete L.20: 02/04 11:17 AM
Tab 7 SB 1642 by Gruters; Tax Exemptions
854736 D S RCS CM, Gruters Delete everything after 02/04 11:17 AM
Page 1 of 1
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/CS/SB 474
INTRODUCER: Commerce and Tourism Committee and Senator Albritton
SUBJECT: Deregulation of Professions and Occupations
DATE: Feburary 5, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof IT Fav/CS
2. McMillan McKay CM Fav/CS
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 474 relates to businesses and professions regulated by the Department of Business
and Professional Regulation (DBPR) and health professionals regulated by the Department of
Health (DOH). The bill:
Repeals the authority of the DOH to suspend or revoke a professional license because of a
default on a student loan or failure to comply with service scholarship obligations;
Waives the requirement to pass the commercial driver skills test for a military service
member or veteran with the specified training;
Preempts the regulation of mobile food dispensing vehicles (food trucks) to the state,
prohibits local government from requiring a license, registration, or permit, and prohibits
local governments from prohibiting the operation of food trucks; and
Revises the membership of the Florida Building Commission.
The bill repeals registration requirements for labor organizations and their business agents, and
license or registration requirements for the following professions regulated by the DBPR:
Hair braiders, hair wrappers, and body wrappers; and
Boxing announcers and timekeepers.
The regulation of interior design is revised by the bill to provide for a voluntary certificate of
registration to practice interior design in place of the current license requirement. Under the
amendment, the certificate of registration is not required to practice interior design. To qualify
for registration, an interior designer must have satisfactorily passed a qualification examination.
BILL: CS/CS/SB 474 Page 2
Only a registered interior designer may use a seal issued by the DBPR when submitting
documents for the issuance of a building permit. The bill imposes a nonrefundable biennial fee of
no more than $75 for a certificate of registration for interior designers.
The bill deletes the requirement that a yacht and ship broker must have a separate license for
each branch office. The bill eliminates the additional business or firm license required for the
following professional licensees:
Auctioneers;
Architects and interior designers; and
Landscape architects.
The bill provides additional options for the following professionals, if licensed in another state,
to qualify for a professional license in Florida:
Building code administrators and inspectors;
Home inspectors;
Engineers;
Certified public accountants;
Veterinarians;
Barbers;
Cosmetologists;
Construction and electrical and alarm contractors; and
Landscape architects.
For barbers, the bill reduces the minimum number of hours of training required for licensure
from 1200 hours to 900 hours. For cosmetologists, the bill reduces the number of hours of
continuing education required for the biennial renewal of a cosmetology license from 16 hours to
10 hours. The bill also reduces the number of training hours required to be registered as a nail,
facial, or full specialist.
A fiscal analysis for CS/CS/SB 474 was not available for the preparation of this bill analysis.
According to DBPR, the elimination of licensing requirements under SB 474 will reduce state
government revenues (DBPR) by $3,143,723 over the next three fiscal years (FY 2020-21 to FY
2022-23). For the regulation of professions, a reduction of license fees, license renewal fees and
unlicensed activity fees of approximately $1,195,070 in Fiscal Year 2020-21, $569,118 in Fiscal
Year 2021-22, and $1,358,895 in Fiscal Year 2022-23. The reduction related to the deregulation
of business agent and labor organization license fee reduction is anticipated to be $830 annually.
For the Boxing Commission, the revenue reduction is approximately $1,450 annually. For the
Division of Condominiums, Timeshares, and Mobile Homes (Yacht and Ship Brokers) the
revenue reduction is approximately $5,400 in Fiscal Year 2020-21, $3,000 in Fiscal Year 2021-
22, and $5,400 in Fiscal Year 2022-23. As a result of the revenue reduction, there will be a
reduction in the 8 percent service charge to General Revenue of approximately $96,220 in Fiscal
Year 2020-21, $45,952 in Fiscal Year 2021-22, and $109,326 in Fiscal Year 2022-23. (See
section V. Fiscal Impact Statement.)
Except as otherwise expressly provided in the act, the bill takes effect on July 1, 2020.
BILL: CS/CS/SB 474 Page 3
II. Present Situation:
For ease of reference, the Present Situation for each section of CS/CS/SB 474 is addressed in the
Effect of Proposed Changes portion of this bill analysis. Background information about the
Department of Business and Professional Regulation (the DBPR) is provided below.
Organization of the Department of Business and Professional Regulation
Section 20.165, F.S., establishes the organizational structure of the DBPR, which has 12
divisions:
Administration;
Alcoholic Beverages and Tobacco;
Certified Public Accounting;
Drugs, Devices, and Cosmetics;
Florida Condominiums, Timeshares, and Mobile Homes;
Hotels and Restaurants;
Pari-mutuel Wagering;
Professions;
Real Estate;
Regulation;
Service Operations; and
Technology.
The Florida State Boxing Commission is assigned to the DBPR for administrative and fiscal
accountability purposes only.1 The DBPR also administers the Child Labor Law and Farm Labor
Contractor Registration Law.2
Powers and Duties of the DBPR
Chapter 455, F.S., applies to the regulation of professions constituting “any activity, occupation,
profession, or vocation regulated by the [DBPR] in the Divisions of Certified Public Accounting,
Professions, Real Estate, and Regulation,”3 as well as the procedural and administrative
framework for those divisions and all of the professional boards within the DBPR.4
The DBPR’s regulation of professions is to be undertaken “only for the preservation of the
health, safety, and welfare of the public under the police powers of the state,”5 and regulation is
required when:
The potential for harming or endangering public health, safety, and welfare is recognizable
and outweighs any anticompetitive impact that may result;
1
Section 548.003(1), F.S.
2
See Parts I and III of ch. 450, F.S.
3
See s. 455.01(6), F.S.
4
See s. 455.203, F.S. The DBPR must also provide legal counsel for boards within the DBPR by contracting with the
Department of Legal Affairs, by retaining private counsel, or by staff counsel at the DBPR. See s. 455.221(1), F.S.
5
Section 455.201(2), F.S.
BILL: CS/CS/SB 474 Page 4
The public is not effectively protected by other state statutes, local ordinances, federal
legislation, or other means; and
Less restrictive means of regulation are not available.6
However, “neither the department nor any board may create a regulation that has an
unreasonable effect on job creation or job retention,” or a regulation that unreasonably restricts
the ability of those who desire to engage in a profession or occupation to find employment.7
DBPR Boards
Fifteen boards and programs exist within the Division of Professions,8 two boards are within the
Division of Real Estate, and one board exists in the Division of Certified Public Accounting.
Permitting, Registration, Licensing, and Certification
Sections 455.203 and 455.213, F.S., establish general licensing authority for the DBPR,
including the authority to charge license fees and license renewal fees. Each board within the
DBPR must determine by rule the amount of license fees for each profession, based on estimates
of the required revenue to implement the regulatory laws affecting the profession.9
When a person is authorized to engage in a profession or occupation in Florida, the DBPR issues
a “license,” which may be referred to as either a permit, registration, certificate, or license.10
Those who are granted licenses are referred to as licensees.11
In Fiscal Year 2018-2019, the Division of Accountancy had 39,591 active licensees, the Real
Estate Commission had 293,012 active licensees, and the Board of Professional Engineers had
65,196 licensees.12 In Fiscal Year 2018-2019, there were 439,821 active licensees in the Division
of Professions,13 including:
Architects and interior designers;
Asbestos consultants and contractors;
Athlete agents;
Auctioneers;
6
Id.
7
Section 455.201(4)(b), F.S.
8
Section 20.165(4)(a), F.S., establishes the following boards and programs which are noted with the implementing statutes:
Board of Architecture and Interior Design, part I of ch. 481; Florida Board of Auctioneers, part VI of ch. 468; Barbers’
Board, ch. 476; Florida Building Code Administrators and Inspectors Board, part XII of ch. 468; Construction Industry
Licensing Board, part I of ch. 489; Board of Cosmetology, ch. 477; Electrical Contractors’ Licensing Board, part II of ch.
489; Board of Employee Leasing Companies, part XI of ch. 468; Board of Landscape Architecture, part II of ch. 481; Board
of Pilot Commissioners, ch. 310; Board of Professional Engineers, ch. 471; Board of Professional Geologists, ch. 492; Board
of Veterinary Medicine, ch. 474; Home Inspection Services Licensing Program, part XV of ch. 468; and Mold-related
Services Licensing Program, part XVI of ch. 468, F.S.
9
Section 455.219(1), F.S.
10
Section 455.01(4), F.S.
11
Section 455.01(5), F.S.
12
Florida Department of Business and Professional Regulation, Fiscal Year 2018-2019 Annual Report, page 19, available at:
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY1819.pdf (last visited Feb. 4, 2020).
13
Of the total 460,857 licensees in the Division of Professions, 21,036 were inactive. See supra note 12.
BILL: CS/CS/SB 474 Page 5
Barbers;
Building code administrators and inspectors;
Community association managers;
Construction industry contractors;
Cosmetologists;
Electrical contractors;
Employee leasing companies;
Geologists;
Home inspectors;
Harbor pilots;
Landscape architects;
Mold-related services;
Talent agencies; and
Veterinarians.
The Division of Florida Condominiums, Timeshares, and Mobile Homes (FCTMH) within the
DBPR provides consumer protection for Florida residents living in regulated communities
through education, complaint resolution, mediation and arbitration, and developer disclosure.
The FCTMH has limited regulatory authority over the following business entities and
individuals:
Condominium associations under ch. 718, F.S.;
Cooperative associations under ch. 719, F.S.;
Florida mobile home parks and related associations under ch. 723, F.S.;
Vacation units and timeshares under ch. 721, F.S.;
Yacht and ship brokers and related business entities under ch. 326, F.S.; and
Homeowner’s associations under ch. 720, F.S. (jurisdiction is limited to arbitration of
election and recall disputes).14
III. Effect of Proposed Changes:
For ease of reference to each of the subjects addressed in CS/CS/SB 474, the Present Situation
for each topic will be described, followed immediately by an associated section detailing the
Effect of Proposed Changes.
Commercial Driver’s License
Present Situation
Section 322.57, F.S., requires a person who drives any of the following types of vehicles to
obtain an endorsement on his or her driver’s license acknowledging successful completion of a
skills test concerning the safe operation of such vehicle:
A double or triple trailer;
A passenger vehicle;
A school bus;
A tank vehicle;
14
Section 720.306(9)(c), F.S.
BILL: CS/CS/SB 474 Page 6
A vehicle that transports hazardous materials and that is required to be placarded in
accordance with 49 C.F.R. part 172, subpart F;
A tank vehicle transporting hazardous materials; and
A motorcycle.
Effect of Proposed Changes
Section 2 of the bill amends s. 322.57(4), F.S., to waive the requirement to pass the commercial
driver skills test for a military service member or veteran with specified training, including
having at least 2 years of experience in military service driving vehicles that would otherwise
require a commercial driver license to operate. To qualify for the waiver, the person must have
been honorably discharged from military service within 1 year of the application for the waiver.
The person must complete every other requirement for a commercial driver’s license within 1
year of receiving a waiver.
Yacht and Ship Broker Branch Office Licenses
Present Situation
Chapter 326, F.S., governs the licensing and regulation of yacht and ship brokers, salespersons,
and related business organizations in the state. The Yacht and Ship Broker’s Section, a unit of
the Division of Florida Condominiums, Timeshares and Mobile Homes of the DBPR, processes
license applications and responds to consumer complaints and inquiries by monitoring activities
and compliance within the yacht brokerage industry. 15
A person may not act as a yacht or ship broker or salesperson unless licensed under ch. 326,
F.S.16 Each yacht or shipbroker must maintain a principal place of business in Florida and may
establish branch offices in Florida. A separate license must be maintained for each branch
office.17 Applicants for a branch office license pay a $100 fee, and the license must be
renewed every 2 years.18
Effect of Proposed Changes
Section 3 of the bill amends s. 326.004(13), F.S., to delete the requirement for a separate license
for each branch office maintained by a yacht and ship broker. The current law provisions related
to licensing for yacht brokers and salespeople are retained.
Labor Organizations
Present Situation
Chapter 447, F.S., governs the licensing and regulation of labor organizations, and related
business agents in the state. The Division of Regulation within the DBPR oversees the licensing
and regulation of labor organizations. The Division of Regulation processes license applications
15
See ch. 326, F.S., and, Department of Business and Professional Regulation, Yacht and Ship, available at:
http://www.myfloridalicense.com/DBPR/yacht-and-ships/ (last visited Feb. 4, 2020).
16
Section 326.004(1), F.S.
17
Section 326.004(13), F.S.
18
See Fla. Admin. Code R. 61B-60.002 (2019).
BILL: CS/CS/SB 474 Page 7
and regulates the activities of labor unions and their officers, agents, organizers, and
representatives.19
A labor organization is defined as “any 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 any kind relating to employment and recognized as a
unit of bargaining by one or more employers doing business in this state.”20
In Florida, all labor organizations are required to register with the DBPR and all business agents
of labor organizations must obtain a license.21 Business agents are defined as “any 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; and
Soliciting or receiving from any employer any right or privilege for employees.”22
Applicants for a business agent license must pay a $25 license fee and must meet a number of
licensure requirements.23 Labor organization applicants must pay an annual fee of $1.24
Effect of Proposed Changes
Sections 4 through 12 of the bill amend ch. 447, F.S., to eliminate the registration and
regulation of labor organizations and their business agents by the DBPR and the requirement that
the Public Employees Relations Commission notify the DBPR of registrations and renewals of
such organizations. Provisions relating to the right to work and strike, recordkeeping, rights of
franchise for labor organizations, civil causes of action, criminal penalties, and recognition of
federal regulations are not affected by the bill.
Reciprocal Licensing by the DBPR
Present Situation
Section 455.213, F.S., provides general licensing provisions for the DBPR. Some professions
licensed by the DBPR authorize the DBPR or the applicable board to issue a license by
endorsement (reciprocity) to a person licensed in another state, if the other state’s license
qualification requirements are equal to or greater than, the profession’s license qualification
requirements in Florida.25
19
Section 447.01, F.S., and See The Department of Business and Professional Regulation, Labor Organizations and Business
Agent, available at: http://www.myfloridalicense.com/DBPR/labor-organizations-and-business-agents/ (last visited Feb. 4,
2020).
20
Section 447.02(1), F.S.
21
Sections 447.04(2) and 447.06, F.S.
22
Section 447.02(2), F.S.
23
Section 447.04(2), F.S.
24
Section 447.06(2), F.S.
25
See, for example, s. 477.019(6), F.S., relating to licensure by endorsement for a person licensed as a cosmetologist in
another state.
BILL: CS/CS/SB 474 Page 8
Effect of Proposed Changes
Section 13 of the bill amends s. 455.213, F.S., to require the department or board to enter into
reciprocal licensing agreements with other states when permitted by the practice act for a
profession. The bill requires the department to post on its website existing reciprocity agreements
with other states or to identify the states whose licensing requirements are substantially
equivalent or more stringent than the requirements in Florida.
Healthcare Practitioner Discipline – Student Loan Obligations
Present Situation
Healthcare Practitioner Licensing
The Division of Medical Quality Assurance (MQA) within the Florida Department of Health
(DOH) is responsible for the licensing and regulation of healthcare practitioners in the state. The
MQA works in conjunction with 22 boards and four councils to license and regulate seven types
of health care facilities and more than 200 license types in over 40 health care professions. Each
profession is regulated by an individual practice act and by ch. 456, F.S., which provides general
regulatory and licensure authority for the MQA. The MQA regulates the following professions:
Acupuncturists;
Athletic Trainers;
Chiropractors;
Clinical Laboratory Personnel;
Clinical Social Workers, Marriage and Family Counselors, and Mental Health Counselors;
Dentists;
Hearing Aid Specialists;
Massage Therapists;
Medical Doctors;
Nurses;
Nursing Home Administrators;
Occupational Therapists;
Opticians;
Optometrists;
Orthotists and Prosthetists;
Osteopathic Doctors;
Pharmacists;
Physical Therapists;
Podiatrists;
Psychologists;
Respiratory Care Practitioners;
Speech-Language Pathologists and Audiologists;
Dietetics and Nutrition Practitioners;
Electrologists;
Licensed Midwifes;
Physician Assistants;
BILL: CS/CS/SB 474 Page 9
Certified Master Social Workers;
Emergency Medical Technicians;
Medical Physicists;
Paramedics;
Radiologic Technicians; and
School Psychologists.
Healthcare Practitioner Discipline
Section 456.072(1)(k), F.S., provides that the DOH may discipline a healthcare practitioner for
failing to perform any statutory or legal obligation placed upon a healthcare practitioner, which
specifically includes failing to repay a government-backed student loan or comply with a service
scholarship obligation. If the DOH finds that a healthcare practitioner has defaulted on his or her
student loans or failed to comply with a service scholarship, at a minimum, the DOH must:
Suspend the practitioner’s license until he or she agrees to new loan repayment terms or
resumes the scholarship obligation;
Place the practitioner on probation for the duration of the student loan or scholarship
obligation period; and
Impose a fine equal to 10 percent of the defaulted loan amount.
Each month, the DOH must obtain information from the United States Department of Health and
Human Services (USDHHS) necessary to determine the Florida healthcare practitioners that
have defaulted on government-backed student loans.26 Upon learning that a healthcare
practitioner has defaulted on such a student loan, the DOH must notify the practitioner that he or
she has 45 days to provide the DOH with proof of a new repayment plan, or such practitioner
will be subject to an emergency order suspending the practitioner’s license.27 The DOH may
proceed with additional disciplinary action against the practitioner, regardless if he or she
provides proof of entering a new repayment plan.28
In the 2017-2018 fiscal year, the DOH reported 850 student loan defaults, 76 completed
investigations, and 26 emergency suspension orders filed.29 In the 2018-2019 fiscal year, the
DOH reported 87 student loan defaults, 250 completed investigations, 121 emergency
suspension orders filed, and further disciplinary action taken on 29 licensees.30 In 2018-2019, the
most affected licensed professions were Certified Nursing Assistant (43 suspension orders) and
Registered Nurse (18 suspension orders).31
26
Section 456.0721, F.S.
27
See s. 456.074, F.S.
28
Id.
29
Florida Department of Health, Annual Report and Long-range Plan Fiscal Year 2017-2018, Table 14:Student Loan
Defaults, at 44, available at: http://www.floridahealth.gov/licensing-and-regulation/reports-and-
publications/_documents/annual-report-1718.pdf (last visited Feb. 4, 2019).
30
Florida Department of Health, Annual Report and Long-range Plan Fiscal Year 2018-2019, Table 14: Student Loan
Defaults, at 43, available at: http://www.floridahealth.gov/licensing-and-regulation/reports-and-
publications/_documents/annual-report-1819.pdf (last visited Feb. 4, 2019).
31
Id.
BILL: CS/CS/SB 474 Page 10
Effect of Proposed Changes
Sections 14 through 16 of the bill repeal the authority of the DOH requirements to suspend or
revoke a professional license because of a default on a student loan or failure to comply with
service scholarship obligations. Specifically, the bill:
Amends s. 456.072, F.S., to remove a licensee’s failure to repay a federal- or state-
guaranteed student loan or failure to comply with service scholarship obligations from the list
of violations for which the DOH may take disciplinary action;
Amends s. 456.074, F.S., to remove the requirement that the DOH notify a health care
practitioner in default on a student loan that he or she is subject to suspension of a license
unless the practitioner provides proof of repayment terms within 45 days of the notification;
and
Repeals s. 456.0721, F.S., to remove the requirement that the DOH obtain monthly reports
from the USSHHS regarding health care practitioners who have failed to repay a student loan
or comply with scholarship service obligations.
Auctioneers
Present Situation
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 the
DBPR. The program processes licenses and responds to consumer complaints and inquiries by
monitoring activities and compliance within the auctioneering industry.
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.”32
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.33
In order to qualify for licensure as an auctioneer, an applicant must:
Be 18 years or older;
Have not 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 has 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.34
The Florida Board of Auctioneers assesses a variety of fees for licensure as an auctioneer,
including application fees, examination fees, initial license fees, and renewal fees. For example,
32
Section 468.382(1), F.S.
33
Sections 468.385(2) and 468.383, F.S.
34
Sections 468.385(6), F.S.
BILL: CS/CS/SB 474 Page 11
the application fee for an auctioneer license through examination is $50, the examination fee is
$250 payable to the DBPR plus $10 payable to the testing service, and the initial license fee for
an auctioneer is $150.35
An auctioneer may be disciplined or have a civil action brought against them by the DBPR for
one of the following violations:36
Violating any trade or commerce law;
Misrepresenting property for sale at auction;
Failing to return money or property within 30 days of obtaining 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
Other violations of the practice act.
An auctioneer commits a third degree felony for certain violations of the practice act,
including:37
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.
There were 2,600 active licensed auctioneers and 24 disciplinary orders issued in the 2018-2019
fiscal year.38
Effect of Proposed Changes
Section 17 of the bill amends s. 468.385, F.S., to remove the requirement that an auction
business must be licensed. Instead, it requires an auction business to be owned by an auctioneer
who is licensed by the DBPR.
Section 73 of the bill amends s. 559.25(3), F.S., to delete the exemption for licensed auctioneers
from compliance with requirements relating to fire and going-out-of-business sales and
auctions.39
35
See Fla. Admin. Code R. 61G2-3.001 (2019).
36
Section 468.389, F.S.
37
Section 468.391, F.S.
38
Supra note 12 at pp. 19 and 90.
39
See s. 559.21, F.S., relating to the regulation of sales.
BILL: CS/CS/SB 474 Page 12
Building Code Administrators and Inspectors
Present Situation
Building officials, inspectors, and plans examiners are regulated by part XII of ch. 468, F.S., and
are regulated and licensed by the Florida Building Code Administrators and Inspectors Board
(FBCAIB).40
A building code administrator, otherwise known as a building official, supervises building code
activities, including plans review, enforcement, and inspection.41
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
Electrical inspector.42
A one and two family dwelling inspector may only inspect one and two family dwelling and
accessory structures.
A plans examiner reviews plans submitted for building permits to determine design compliance
with construction codes.43 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:
Building plans examiner;
Plumbing plans examiner;
Mechanical plans examiner; and
Electrical plans examiner.44
In order to become licensed, building code administrators, inspectors, and plans examiners must
take the licensing exam required for the category sought.
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:45
40
Section 468.605, F.S.
41
Section 468.603(1), F.S.
42
Section 468.603(6), F.S.
43
Section 468.603(7), F.S.
44
Id.
45
Section 468.609(3), F.S.
BILL: CS/CS/SB 474 Page 13
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
Have 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:46
Have 4 to five 5 combined relevant education and experience, depending on how the
applicant chooses to qualify;
Complete an approved cross-training program and have at least 2 years of experience;
Hold a standard certificate issued by the FBCAIB 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 construction, inspection, plans
review, fire code inspections and fire plans review of new buildings as a firesafety
inspector; or
o Complete a 4 year internship certification program.
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:47
Meet experience, educational, or training program requirements;
Complete the Florida principle and practice exam; and
Complete the relevant International Codes Council (ICC) exams for the category sought.
There were 9,056 active licensed building code administrators and inspectors and six disciplinary
orders issued in the 2018-2019 fiscal year.48
Effect of Proposed Changes
Section 18 of the bill amends s. 468.603(5)(f), F.S., to rename the license category of “one and
two family dwelling inspector” with the term “residential inspector.” The term is also redefined
to include inspections of one-family, two-family, or three-family residences not exceeding two
habitable stories or more than one uninhabitable story and accessory use structure in connection
to the residence.
46
Section 468.609(2), F.S.
47
Section 468.613, F.S.; and Fla. Admin. Code R. 61G19-6.0035(4) (2019).
48
Supra note 12 at pp. 19 and 90.
BILL: CS/CS/SB 474 Page 14
Section 19 of the bill amends s. 468.613, F.S., to require the FBCAIB to waive examination,
qualification, education, or training requirements, if an applicant is licensed in another state and
the applicant:
Is at least 18 years of age;
Is of good moral character;
Holds 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; and
Successfully completes an applicable examination administered by the ICC.
Under the bill, an application for a license by endorsement must be made either when the
applicant’s license in another state or territory is active or within 2 years after such license was
last active.
Home Inspectors
Present Situation
Home inspectors are regulated by part XV of ch. 468, F.S., and are licensed by the Home
Inspection Services Licensing Program within the DBPR.
In order to obtain licensure as a home inspector, a person must:
Have good moral character;
Carry liability insurance;
Complete a course study of at least 120 hours; and
Pass the required examination.49
A person who is licensed in another state is eligible for a license by endorsement in Florida if the
person:50
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
Passed a national, regional, state, or territorial licensing examination that is substantially
equivalent to the Florida examination.
The 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.51
There were 7,090 active licensed home inspectors and four disciplinary orders issued in the
2018-2019 fiscal year.52
49
Section 468.8313, F.S.
50
Section 468.8414(3), F.S.
51
Id.
52
Supra note 12 at pp. 19 and 90.
BILL: CS/CS/SB 474 Page 15
Effect of Proposed Changes
Section 20 of the bill amends s. 468.8314(3), F.S., to provide an additional means for an
applicant to qualify for licensure by endorsement if the applicant:
Maintains a commercial general liability insurance policy in an amount equal to or greater
than $300,000, as provided in s. 468.8322, F.S.; and
Holds 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.
Under the bill, an application for a license by endorsement must be made when the applicant’s
license in another state or territory is active or within 2 years of such license being active.
Engineering
Present Situation
The practice of engineering is regulated by the Florida Board of Professional Engineers (FBPE).
Unlike most professions regulated by the DBPR, the administrative, investigative, and
prosecutorial services for the FBPE are not provided by the DBPR. The DBPR contracts with the
Florida Engineers Management Corporation (FEMC), a non-profit corporation, to provide such
services.53
In order to be licensed as a professional engineer, a person must successfully pass two
examinations: the fundamentals examination and the principles and practices examination. Prior
to being permitted to sit for the fundamentals examination, an applicant must graduate from an
approved engineering curriculum of 4 years or more in an FBPE-approved school, college, or
university, and have a record of 4 years of active engineering experience.54
A person who is licensed in another state is eligible for a professional engineering license by
endorsement in Florida if the person:55
Graduated from an FBPE-approved engineering program, has passed a licensing examination
that is substantially equivalent to the fundamentals examination and principles and practice
examination, and has satisfied the experience requirements; or
Holds a valid license to practice engineering issued by another state or territory of the United
States, if the criteria for issuance of the license was substantially the same as the licensure
criteria that existed in this state at the time the license was issued.
The FBPE may deem 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 20 years of
continuous professional-level engineering experience.56
The FBPE may also deem that an applicant who seeks licensure by endorsement who has passed
an examination substantially equivalent to the fundamentals examination and the principles and
53
Section 471.038(3), F.S.
54
Section 471.013, F.S.
55
Section 471.015(3), F.S.
56
Section 471.015(5), F.S.
BILL: CS/CS/SB 474 Page 16
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.57
Effect of Proposed Changes
Section 21 of the bill amends s. 471.015(5), F.S., to reduce the number of years that a
professional engineer must be licensed in another jurisdiction 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, the applicant is deemed to have passed the fundamentals
examination. If such applicant has been licensed in another jurisdiction for 15 years, the
applicant is deemed to have passed both the fundamental examination and the principles and
practices examination.
The bill deletes the requirement that an applicant for endorsement have the applicable number of
continuous professional-level engineering experience, i.e., 20 years for an applicant who is
deemed to have passed the fundamentals examination, or 25 years for an applicant who is
deemed to have passed both the fundamental examination and the principles and practices
examination.
Certified Public Accountants
Present Situation
The Florida Board of Accounting (board) in the DBPR is the agency responsible for regulating
and licensing nearly 35,570 active and inactive CPAs and more than 5,700 accounting firms in
Florida.58 The Division of Certified Public Accounting provides administrative support to the
nine-member board, which consists of seven CPAs and two laypersons.59
A certified public accountant is a person who holds a license to practice public accounting in this
state under ch. 473, F.S., or an individual who is practicing public accounting in this state
pursuant to the practice privilege granted in s. 473.3141, F.S.60
The practice of public accounting includes offering to the public the performance of services
involving audits, reviews, compilations, tax preparation, management advisory or consulting
services, or preparation of financial statements.61 To engage in the practice of public accounting,
as defined in s. 473.302(8)(a), F.S., an individual or firm must be licensed pursuant to ss.
473.308 or 473.3101, F.S., and business entities must meet the requirements of s. 473.309, F.S.
To be licensed as a certified public accountant, a person must:62
57
Id.
58
Supra, note 12 at p. 12.
59
Section 473.303, F.S.
60
See s. 473.302(4), F.S. Section 473.3141, F.S., permits a person who does not have an office in Florida to practice public
accountancy in this state without obtaining a license under ch. 473, F.S., notifying or registering with the board, or paying a
fee if the person meets the required criteria.
61
Section 473.302(8), F.S.
62
Sections 473.308(2)-(5), F.S.
BILL: CS/CS/SB 474 Page 17
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.
Section 473.308, F.S., provides for the licensure of individuals desiring to be licensed as a
certified public accountant. Section 473.308(7), F.S., provides for licensure of certified public
accountants by endorsement. To qualify for licensure by endorsement, the applicant must satisfy
education, work experience, and good moral character requirements. Applicants for endorsement
must also have completed continuing education courses that are equivalent to the continuing
education requirements in this state during the 2 years immediately preceding the application for
licensure by endorsement.
If the applicant is not licensed in another state or territory, the applicant must:63
Have passed a national, regional, state, or territorial licensing examination that is
substantially equivalent to the examination required by s. 473.306, F.S.; and
Have completed continuing professional education courses that are at least equivalent to the
continuing professional education requirements for a Florida certified public accountant.
If the applicant is licensed in another state or territory, the applicant must:64
Have satisfied licensing criteria that was substantially equivalent to the licensure criteria in
this state at the time the license was issued, or if the licensing criteria was not substantially
equivalent to Florida’s, the applicant must have passed a national, regional, state of territorial
licensing examination with examination criteria that was substantially equivalent to the
examination criteria required in Florida;
Have a valid license in another state or territory for at least 10 years before applying for a
license in Florida; and
Have passed a national, regional, state of territorial licensing examination with examination
criteria that were substantially equivalent to the examination criteria required in this state.
Effect of Proposed Changes
Section 22 of the bill amends s. 473.308, F.S., to delete the requirement that during the 2 years
immediately preceding the application for licensure, applicants for a license by endorsement
must have completed 80 hours of continuing education before they are eligible for such license.
Veterinary Medicine
Present Situation
Veterinary medical practice is regulated by ch. 474, F.S., and veterinarians are licensed by the
Board of Veterinary Medicine.65
63
Section 473.308(7)(a), F.S.
64
Section 473.308(7)(b), F.S.
65
See ss. 474.204 through 474.2125, F.S., concerning the powers and duties of the board.
BILL: CS/CS/SB 474 Page 18
A veterinarian is a health care practitioner licensed by the board to engage in the practice of
veterinary medicine in Florida,66 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.67
To be licensed as a veterinarian, an applicant must:
Graduate 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 obtain a certificate from the Education
Commission for Foreign Veterinary Graduates;
Successfully complete the North American Veterinary Licensing Examination (NAVLE), or
an examination determined by the board to be equivalent; and
Successfully complete an examination of the laws and rules governing the practice of
veterinary medicine in Florida.68
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.69
A person who is licensed in another state or country is eligible for licensure by endorsement in
Florida, if the person has:70
Successfully completed an examination of the laws and rules governing the practice of
veterinary medicine in Florida; and either:
Holds 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
Has graduated from an AVMAE or AVMARVC program and has successfully completed an
examination which is equivalent to or more stringent than the NAVLE.
The 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.71
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
66
See s. 474.202(11), F.S.
67
See s. 474.202(9), F.S. The profession also includes determining the health, fitness, or soundness of an animal, and
performing any manual procedure for the diagnosis or treatment of pregnancy, fertility, or infertility of animals.
68
Fla. Admin. Code R. 61G18-11.002 (2019).
69
American Association of Veterinary State Boards, International Pathways, available at: https://www.aavsb.org/pave/ (last
visited Feb. 4, 2020).
70
Section 474.217(1), F.S.
71
Section 474.217(2), F.S.
BILL: CS/CS/SB 474 Page 19
providing veterinary medical services at a permanent or mobile establishment. Such practice
must provide veterinary medical services for privately owned animals that do not reside at that
location,72 and must obtain a permit and must register each location where a limited service
clinic is held. A licensed veterinarian must supervise the limited practice.73
The board establishes, by rule, minimum standards for the operation of limited service veterinary
medical practices,74 which currently allows such practices to offer vaccinations, immunizations,
and parasitic control services.75
Effect of Proposed Changes
Section 23 of the bill amends s. 474.202(6), F.S., to codify the current board rule allowing
limited service veterinary practices to perform vaccinations, immunizations, and parasitic
control, and authorizes those practices to perform microchipping.
Section 24 of the bill amends s. 474.207, F.S., to allow graduates of a veterinary medicine
program recognized by the PAVE to be eligible for licensure as a veterinarian.
Section 25 of the bill amends s. 474.217, F.S., to allow an applicant for licensure by
endorsement who has been licensed in a jurisdiction of the United States to qualify for licensure
in Florida if the applicant has successfully passed a licensing examination that is equivalent, to or
more stringent than, the NAVLE.
Section 71 of the bill authorizes employees, agents, or contractors of qualifying public or private
animal shelters, humane organizations, or animal control agencies to implant cats and dogs with
specified microchips.
Barbering
Present Situation
The term “barbering” in ch. 476, F.S., the Barbers’ Act, includes any of the following practices
when done for payment by the public: shaving, cutting, trimming, coloring, shampooing,
arranging, dressing, curling, or waving the hair or beard, applying oils, creams, lotions, or other
preparations to the face, scalp, or neck, either by hand or by mechanical appliances.76
An applicant for licensure as a barber must pass an examination. To be eligible to take the
examination, the applicant must:
Be at least 16 years of age;
Pay the application fee; and
72
Section 474.202(6), F.S.
73
Section 474.215(7)-(8), F.S.
74
Section 474.215(7), F.S.
75
Fla. Admin. Code R. 61G18-15.007 (2019).
76
See s. 476.034(2), F.S. The term does not include those services when done for the treatment of disease or physical or
mental ailments.
BILL: CS/CS/SB 474 Page 20
Have held an active valid license in another state for at least 1 year,77 or have a minimum of
1,200 hours of specified training.78
The Barbers’ Board is authorized to establish by rule a procedure for a barber school or program
to certify a person to take the licensure examination following completion of a minimum of
1,000 hours of training and for the licensure of such person who passes the examination. Upon
passage of the examination by the person seeking licensure, the training requirement of 1,200
hours is deemed satisfied; failing the examination requires completion of the full training
requirement.79
Alternatively, a person may apply for and receive a “restricted license” to practice barbering,
which authorizes the licensee to practice only in areas in which he or she has demonstrated
competency pursuant to rules of the Barbers’ Board.80 An applicant for a restricted barber license
must satisfactorily complete 600 hours of training.81
Effect of Proposed Changes
Section 26 of the bill amends s. 476.114(2)(c)2., F.S., to decrease the minimum number of hours
of training required for licensure from 1200 hours to 900 hours. The bill also provides that the
training must be in sanitation, safety, and laws and rules.
Section 27 of the bill amends s. 476.144(5), F.S., to require the Barbers’ Board to provide
licensure by endorsement to an applicant who holds a current active license to practice barbering
in another state.
The bill amends s. 477.019(6), F.S., relating to the licensing of a cosmetologist by endorsement,
to provide a comparable provision for barbers. However, under the bill, an applicant for a
cosmetology license by endorsement is required to complete a 2-hour course on human
immunodeficiency virus and acquired immune deficiency syndrome. The bill does not require an
applicant for a barber’s license by endorsement to complete such a course for initial licensure.
Current law requires such training as a condition for the biennial renewal of cosmetology and
barber licenses.82
Nail and Facial Specialists, Hair Braiders, Hair Wrappers, and Body Wrappers
Present Situation
Chapter 477, F.S., governs the licensing and regulation of cosmetologists, hair braiders, hair
wrappers, nail specialists, facial specialists, full specialists, body wrappers and related salons in
the state. The Board of Cosmetology, within the DBPR’s Division of Professions, processes
77
See s. 476.144(5), F.S. Licensure by endorsement may also allow a practitioner holding an active license in another state or
country to qualify for licensure in Florida.
78
See s. 476.114(2), F.S.; requiring the training to include, but is not limited to, the completion of services directly related to
the practice of barbering at a licensed school of barbering, a public school barbering program, or a government-operated
barbering program in Florida.
79
See s. 476.114(2), F.S.
80
See s. 476.144(6), F.S.
81
Fla. Admin. Code R. 61G3-16.006 (2019).
82
See s. 455.2228, F.S.
BILL: CS/CS/SB 474 Page 21
license applications, reviews disciplinary cases, and conducts informal administrative hearings
relating to licensure and discipline.83
Individuals are prohibited from providing manicures, pedicures, or facials in Florida without first
being licensed as a cosmetologist or registered as a nail specialist, facial specialist, or full
specialist.84
A “specialist” is defined as “any person holding a specialty registration in one or more of the
specialties registered under ch. 477, F.S.”85 The term “specialty” is defined as “the practice of
one or more of the following:
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.”86
The term “cosmetologist” is defined as “a person who is licensed to engage in the practice of
cosmetology.”87 “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.88
A nail specialist may complete manicures and pedicures, and a full specialist may complete
manicures, pedicures, and facials.89 Manicures and pedicures, as a part of cosmetology services,
are required to be provided in a licensed specialty salon or cosmetology salon.90 All cosmetology
and specialty salons are subject to inspection by the DBPR.91
To qualify for a specialist license, the applicant must be at least 16 years of age and obtain a
certificate of completion from an approved specialty education program.92
83
See s. 477.015, F.S., and Department of Business and Professional Regulation, Cosmetology, available at:
http://www.myfloridalicense.com/DBPR/cosmetology/ (last visited Feb. 4, 2019).
84
See ss. 477.013(6) and 477.0201, F.S.
85
See s. 477.013(5), F.S.
86
See s. 477.013(6), F.S.
87
See s. 477.013(3), F.S.
88
See s. 477.013(4), F.S. A licensed cosmetologist is not required to register separately as a hair braider, hair wrapper, body
wrapper, or specialist.
89
See s. 477.013(6), F.S.
90
See s. 477.0263, F.S. Under s. 477.0135(3), F.S., licensing is not required for a person whose occupation is confined solely
to cutting, trimming, polishing, or cleansing fingernails of customers in an active, licensed barbershop, and who did so before
October 1, 1985.
91
See s. 477.025(9), F.S.
92
See s 477.0201, F.S.
BILL: CS/CS/SB 474 Page 22
The specialty education program consists of:
240 hours of training for a nail specialty;
260 hours of training for a facial specialty; and
500 hours of training for a full specialty.93
The applicant must submit a specialist application for registration with the DBPR with a
registration fee not to exceed $50.94
The act of applying polish to fingernails and toenails falls under the scope of manicuring, even if
the individual is not cutting, cleansing, adding, or extending the nails.95 Therefore, individuals
seeking to apply polish to fingernails and toenails for compensation are required to obtain a
registration as a specialist or a license as a cosmetologist, as the DBPR does not issue a separate
license for polishing nails.
The application of cosmetic products (makeup) by certain persons is exempted from ch. 477,
F.S., under limited conditions, including application of such products in photography studio
salons, in connection with certain retail sales, or during the production of qualified films.96 In
addition, persons providing makeup in a theme park or entertainment complex to actors or the
general public are exempt from licensing requirements.97
“Hair braiding” means “the weaving or interweaving of natural human hair for compensation
without cutting, coloring, permanent waving, relaxing, removing, or chemically treating and does
not include the use of hair extensions or wefts.”98
“Hair wrapping” means the wrapping of manufactured materials around a strand 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.99
“Body wrapping” means “a treatment program that uses herbal wraps for the purpose 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.”100
A person who wishes to practice as a hair braider, hair wrapper, or body wrapper must register
with the DBPR, pay the $25 registration fee;101 and:
93
Fla. Admin. Code R. 61G5-22 (2019).
94
Section 477.026, F.S.
95
See s. 477.013(6)(a) and (b), F.S.
96
See ss. 477.013(11), 477.0135(1)(f), and 477.0135(5), F.S.
97
See s. 477.0135(6), F.S.
98
Section 477.013(9), F.S. A ‘weft” of hair is a long curtain of hair that has a seam at the top and is found on wigs and hair
extensions. See https://www.voguewigs.com/what-is-a-weft.html (last visited Feb. 4, 2020).
99
Section 477.013(10), F.S.
100
Section 477.013(11), F.S.
101
Section 477.026, F.S.
BILL: CS/CS/SB 474 Page 23
For hair braiders, take a 2-day board-approved 16-hour education course consisting of:
o 5 hours of HIV/AIDS and other communicable diseases,
o 5 hours of sanitation and sterilization,
o 4 hours of disorders and diseases of the scalp, and
o 2 hours of studies regarding laws affecting hair braiding.
For hair wrappers, take a 1-day board-approved 6-hour education course consisting of:
o HIV/AIDS and other communicable diseases,
o sanitation and sterilization, and
o disorders and diseases of the scalp, and studies regarding laws affecting hair wrapping.
For body wrappers, take a 2-day board-approved 12-hour education course consisting of:
o HIV/AIDS and other communicable diseases,
o Sanitation and sterilization,
o Disorders and diseases of the skin, and
o Laws affecting body wrapping.102
Hair braiders, hair wrappers, and body wrappers are not required to complete continuing
education as a condition for renewal of the registration.103
In Florida, cosmetology and specialty salons must be licensed.104 Such salons are inspected
periodically by the DBPR, in accordance with sanitary standards set forth by the Board of
Cosmetology.105
Cosmetology services must be performed in a licensed cosmetology or specialty salon by a
properly licensed professional,106 except when services are performed in connection with:
A special event by a properly licensed person who is employed by a licensed salon.
Arrangements for the performance of such cosmetology services must be made through a
licensed salon;107
A client for reasons of ill health is unable to go to a licensed salon. Arrangements for the
performance of such cosmetology services must be made through a licensed salon; or
The motion picture, fashion photography, theatrical, or television industry; a photography
studio salon; a manufacturer trade show demonstration; or an educational seminar.108
The board is required to certify an applicant as qualified for licensure by endorsement if the
applicant holds a current active license to practice cosmetology in another state. The board may
not require proof of educational hours if the other state requires at least 1,200 hours of education
102
See s. 477.0132, F.S. Courses for hair braiding, hair wrapping, and body wrapping generally cost between $75 and $350.
Examples include:1STOPCEU.com, Home, available at:
https://www.1stopceu.com/livezilla/knowledgebase.php?article=6332971e65219f8cdfc5d16d8b113c10 (last visited Feb. 4,
2020); and JT’s Beauty Shop, Inc., Florida State Certified Courses (Theory), available at: http://www.jtbeautysalon.com/
(last visited Feb. 4, 2020).
103
Section 477.019(7)(b), F.S.
104
Section 477.025(1), F.S.
105
Section 477.025(9), F.S.; and Fla. Admin. Code R. Ch. 61G5-20 (2019).
106
Section 477.0263(1), F.S.
107
A “special event” is defined as a wedding or fashion show in Fla. Admin. Code R. 61G5-20.0015(1) (2019).
108
Sections 477.0263(2) through (4), F.S.
BILL: CS/CS/SB 474 Page 24
and passage of a written examination. This provision is not applicable to applicants in the other
state who received their license through an apprenticeship program.109
The board is also required to provide by rule the continuing education requirements to maintain
the cosmetology license not to exceed 16 hours biennially. Any person whose practice is
confined to hair braiding, hair wrapping, or body wrapping are exempt from the continuing
education requirements.110
Effect of Proposed Changes
Section 28 of the bill amends s. 477.013(9), F.S., to expand the definition of “hair braiding” to
include the weaving or interweaving of natural human hair or commercial hair, and the use of
hair extensions or wefts. Under current law, the use of hair extensions or wefts is excluded from
“hair braiding.”
Section 29 of the bill repeals s. 477.0132, F.S., which provides that:
Registration is required for hair braiding, hair wrapping, and body wrapping, and requires
those registrants to take specified courses approved by the Board of Cosmetology.
Hair braiding, hair wrapping, and body wrapping are not required to be practiced in a
cosmetology salon or specialty salon; and
Disposable implements must be used, or all implements must be sanitized in a disinfectant
approved for hospital use or approved by the Federal Environmental Protection Agency,
when hair braiding, hair wrapping, or body wrapping is practiced outside a cosmetology
salon or specialty salon.
Section 30 of the bill amends s. 477.0135, F.S., to specifically exempt a person whose
occupation or practice is confined solely to hair braiding, hair wrapping, body wrapping, or
applying polish to fingernails and toenails from registration requirements.
Section 31 of the bill amends s. 477.019(6), F.S., to delete the requirement that an applicant for
licensure by endorsement submit proof of educational hours if the license was issued in a state
that requires 1,200 or more hours of prelicensure education and passage of a written
examination. It also deletes the exemption for persons licensed in another state who received
their license through an apprenticeship program.
The bill requires an applicant for a cosmetology license by endorsement to complete a 2-hour
course on human immunodeficiency virus and acquired immune deficiency syndrome.
The bill also amends s. 477.019(7), F.S., to decrease the number of hours of continuing
education required for the biennial renewal of a cosmetology license from 16 hours to 10 hours.
Section 32 of the bill amends s. 477.0201(1), F.S., to reduce the number of hours required for a
specialist registration required under current rules.
109
Section 477.019(6), F.S.
110
Section 477.019(7), F.S.
BILL: CS/CS/SB 474 Page 25
The bill requires:
180 hours of training for a nail specialty (the current rule requires 240 hours);
220 hours of training for a facial specialty (the current rule requires 260 hours); and
400 hours of training, or the number of hours required to maintain minimum Pell Grant
requirements, for a full specialty (the current rule requires 250 hours).111
Section 33 of the bill deletes the requirement in s. 477.026(1)(f), F.S., relating to license fees for
hair braiders, hair wrappers, and body wrappers.
Section 34 of the bill amends s. 477.0263(4), F.S., to delete the requirement that an appointment
for a special event has to be made through a licensed salon. The bill permits a properly licensed
professional to perform hair shampooing, hair cutting, hair arranging, nail polish removal, nail
filing, nail buffing, and nail cleaning outside of a salon when the service is performed by a
licensed person.
Section 35 of the bill amends s. 477.0265, F.S., to delete a reference to body wrapping in a
prohibition respecting the advertising of services.
Section 36 of the bill amends s. 477.029(1)(a), F.S, to delete the criminal penalty for hair
braiders, hair wrappers, and body wrappers who offer or provide services without being licensed
or registered.
Architecture and Interior Design
Present Situation
Chapter 481, Part I, F.S., governs the licensing and regulation of architects, interior designers,
and related business organizations. The Board of Architecture and Interior Design, under the
DBPR’s Division of Professions, processes license applications, reviews disciplinary cases, and
conducts informal administrative hearings relating to licensure and discipline.112
The practice or offering of architectural or interior design services to the public through certain
business organizations is authorized for:
Licensees acting through a corporation, limited liability company, or partnership; or
A corporation, limited liability company, or partnership acting through licensees as agents,
employees, officers, or partners.113
An architecture or interior design business corporation, limited liability company, partnership, or
a person practicing under a fictitious name, which is offering architecture or interior design
service to the public, must obtain a certificate of authorization prior to practicing.114
111
See Fla. Admin. Code R. 61G5-22 (2019).
112
See s. 481.205, F.S., relating to the authority of the Board of Architecture and Interior Design. The board consists of 11
members. Five members must be registered architects; three members must be registered interior designers; and three
members must be laypersons who are not, and have never been, architects, interior designers, or members of any closely
related profession or occupation. At least one member of the board must be 60 years of age or older.
113
Section 481.219(1), F.S.; such practice must comply with all the requirements in s. 481.219, F.S.
114
Section 481.219(2)-(3), F.S.
BILL: CS/CS/SB 474 Page 26
Interior Design
A person may not practice interior design unless the person is a registered interior designer or
otherwise exempt from the requirement to register. If holding a valid license by the Board of
Architecture and Interior Design and choosing to relinquish that license or failing to renew that
license, a person may not use the title “interior designer” or “registered interior designer,” or
words to that effect.115
Section 481.203(4), F.S., defines a “certificate of registration” to mean a license issued by the
DBPR to a natural person to engage in the practice of architecture or interior design.
The following persons may practice interior design without a license:116
A person who performs interior design services or interior decorator services for any
residential application, provided that such person does not advertise as, or represent himself
or herself as, an interior designer.117
An employee of a retail establishment providing “interior decorator services” on the premises
of the retail establishment or in the furtherance of a retail sale or prospective retail sale,
provided that such employee does not advertise as, or represent himself or herself as, an
interior designer.118
Applicants for an interior design license must pass a three-part national examination
administered by the National Council for Interior Design Qualification (NCIDQ), at a cost of
$1,335, including the application fee. Requirements to sit for the NCIDQ, including education
and experience requirements, mirror Florida’s licensure prerequisites.119
Applicants for an architecture business certificate of authorization or interior design business
certificate of authorization must pay an application fee of $75, an unlicensed activity fee of $5,
and a biennial renewal fee of $100.120 A business entity has no regulatory obligations other than
to obtain licensure.
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 business entity’s behalf in the state must be registered interior
designers.121
115
Sections 481.223(1)(b) and (c), F.S.
116
Section 481.229(6), F.S.
117
Section 481.229(6)(a), F.S., provides that “residential applications” includes all types of residences, including, but not
limited to, residence buildings, single-family homes, multifamily homes, townhouses, apartments, condominiums, and
domestic outbuildings appurtenant to one-family or two-family residences. “Residential applications” does not include
common areas associated with instances of multiple-unit dwelling applications.
118
Section 481.229(6)(b), F.S.
119
See Council for Interior Design Qualification, Become NCIDQ Certified, available at: http://www.cidq.org.
120
See Fla. Admin. Code R. 61G1-17.001 and R. 61G1-17.002 (2019).
121
See s. 481.219, F.S.
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Florida is one of eight U.S. states or territories requiring interior designers to be licensed.
Approximately 20 other states allow only those persons meeting statutory requirements to hold
themselves out as “registered interior designers.”122
Use of Seals by an Interior Designer
Section 481.221(3), F.S., authorizes the Board of Architecture and Interior Design to prescribe,
by rule, one or more forms of seal to be used by licensed interior designers. Each registered
interior designer must obtain a seal. All drawings, plans, specifications, or reports prepared or
issued by the registered interior designer and filed for public records, and all final documents
provided to the owner or the owner’s representative must be signed by the licensee, dated, and
sealed with the seal. The signature, date, and seal are evidence of the authenticity of the
document to which they are affixed.
Architects
A person who is licensed in another state is eligible for a professional architect license by
endorsement in Florida if the person:123
Qualifies to take the licensure examination, and has passed the licensure examination or a
substantially equivalent examination in another jurisdiction, and has satisfied the internship
requirements set forth in s. 481.211, F.S. for architects;
Holds a valid license to practice architecture issued by another jurisdiction of the United
States, if the criteria for issuance of such license were substantially equivalent to the
licensure criteria that existed in this state at the time the license was issued; or
Has passed the licensure examination and holds a valid certificate issued by the National
Council of Architectural Registration Boards, and holds a valid license to practice
architecture issued by another state or jurisdiction of the United States.
Effect of Proposed Changes
Sections 37 through 51 of the bill amend part I of ch. 481, F.S., to repeal licensure requirements
for interior designers and interior design businesses. In lieu of a license requirement, the bill
provides a voluntary certificate or registration to practice interior design, however, a certificate
of registration is not required to practice interior design.
Section 39 of the bill amends s. 481.205, F.S., to revise the membership of the Board of
Architecture and Interior Design to reflect that the board’s duties include receiving complaints
regarding investigating and disciplining persons with a certificate of registration for the practice
of interior design.
The bill authorizes the Board of Architecture and Interior Design to impose a nonrefundable fee
of not more than $75 for a certificate of registration and for the biennial renewal of the certificate
of registration.
122
Commercial Interior Design Association, State Information, available at: http://advocacy.iida.org/#interiordesignlaws
(last visited Feb. 4, 2020).
123
Section 481.213, F.S.
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Section 41 of the bill amends s. 481.209, F.S., to revise the qualifications for a certificate of
registration to practice interior design. The bill repeals the education and experience
requirements in current law. Under the bill, to qualify for a certificate of registration, a person
must submit written proof that he or she has successfully passed the qualification examination
prescribed by the NCIDQ or its successor entity, or the California Council for Interior Design
Certification or its successor entity, or has successfully passed an equivalent exam as determined
by the department.
Section 42 of the bill amends s. 481.213(3), F.S., to revise the requirements for licensure by
endorsement for a professional architect license to require an applicant to complete a class
approved by the Board of Architecture on the Florida Building Code.
The bill creates s. 481.213(8), F.S., to provide that a person who performs residential interior
design services or interior decorator services is not required to hold a certificate of registration
for interior design. The bill repeals s. 481.223(1)(b), F.S., which requires registration as a
condition to practice interior design, unless the person is subject to an exemption from the
registration requirement.
Sections 43 and 47 amend ss. 481.2131(1) and 481.221, F.S., respectively, to revise the
requirements for seals used by a registered interior designer. Under the bill, if interior design
documents are submitted for a building permit by an individual performing interior design
services who is not a licensed architect, the documents must include a seal issued by the DBPR.
Additionally, the bill amends s. 481.221, F.S., to change the authority to require that the form of
the seal for architects and interior designers be prescribed by rule of the DBPR instead of by rule
of the Board of Architecture and Interior Design.
Section 44 of the bill amends s. 481.215(5), F.S., to require architects to complete 2 hours in
specialized or advanced courses on any portion of the Florida Building Code, and provides that
such hours count towards the continuing education requirement.
Section 46 of the bill amends s. 481.219, F.S., to delete the requirement that architects and
interior designers obtain a separate business license (certificate of authorization) in addition to an
individual license. The bill provides that architects must qualify their business organizations (and
disclose operations under a fictitious name) through their individual licenses.
Architects who act as qualifying agents must inform the DBPR of any change in their
relationship with the qualified business, and if that qualifying agent is the business’ only
qualifying agent, the business has 60 days to obtain a replacement qualifying architect. If a
business does not have a qualifying agent, it may not engage in the practice of architecture,
unless the executive director or chair of the Board of Architecture authorizes another registered
architect or interior designer employed by the business organization to temporarily serve as its
qualifying agent for no more than 60 days.
Regarding interior designers, the current law provision in s. 481.219(7), F.S., which provides that
an interior designer who signs and seals the interior design drawings, plans, or specifications is
BILL: CS/CS/SB 474 Page 29
liable for professional services performed, is not amended by the bill to remove the statutory
liability.
Section 47 of the bill amends ss. 481.221, F.S., to revise the requirements relating to seals used
by architects and interior designers.
The bill amends s. 481.221(10), F.S., to require each business organization to include the license
number of the registered architect who serves as the qualifying agent for that business
organization in any newspaper, telephone directory, or other advertising medium used by the
business organization. The bill does not require that a registered interior designer include his or
her license number in such advertisements for a business organization.
The bill retains the requirement in current law that an architect must include his or her license
number in in any newspaper, telephone directory, or other advertising medium used by the
architect. The bill removes the requirement in current law for a registered interior designer to
include his or her license number in such advertisements.
Section 49 amends s. 481.2251, F.S., to revise the requirements for disciplinary proceedings
against registered interior designers. The bill replaces the term “license” with the term “register.”
In place of suspension or revocation of a license, the bill authorizes the board to remove a
registered interior designer from the registry for a violation of any of the prohibited acts listed in
s. 481.2251, F.S. The bill repeals several grounds for disciplinary action by the board, and the
grounds for denial of a registration, including:
Failing to report to the board that a person is violating any I of ch. 481, F.S., or rule of the
board, or an order of the board;
Failing to perform a statutory or legal obligation; and
Accepting compensation from someone other than a client without full disclosure to the
client.
The bill reduces the applicable fines payable by an interior designer from $1000 to $500 for each
violation or separate offense. The bill also reduces the fine for a violation of the Florida Building
Code by an interior designer from $5,000 to $2,500.
Section 50 of the bill amends s. 481.229(6), F.S., to repeal the exemption from the application of
part I of ch. 481, F.S., for persons who perform interior design services or interior decorator
services for residential applications.
Section 72 of the bill amends s. 558.002, F.S., to replace the reference to a licensed interior
designer with the term “registered interior designer” in the definition of the term “design
professional” under ch. 558, F.S, for resolving construction defects.
Landscape Architecture Business Organization
Present Situation
Part II of ch. 481, F.S., governs the licensing and regulation of landscape architects and related
business organizations in Florida. The Board of Landscape Architecture, under the DBPR’s
BILL: CS/CS/SB 474 Page 30
Division of Professions, processes license applications, reviews disciplinary cases, and conducts
informal administrative hearings relating to licensure and discipline.
A person may not knowingly practice landscape architecture124 unless the person holds a valid
license issued pursuant to part II of ch. 481, F.S.125 A corporation or partnership is permitted to
offer landscape architectural services to the public, subject to the provisions of part II of ch. 481,
F.S., if:
One or more of the principals of the corporation, or partners in the partnership, are registered
landscape architects;
One or more of the officers, directors, or owners of the corporation, or one of more of the
partners of the partnership are registered landscape architects; and
The corporation or partnership has been issued a certificate of authorization by the board.126
In order to be licensed as a landscape architect, a person must:
Complete a landscape architecture degree program approved by the Landscape Architectural
Accreditation Board, or have 6 years of practical experience, with some credit available for
education credits;127
Pass the nationally recognized Landscape Architecture Registration Examination (LARE);128
and
Have 2 year of practical experience, not including any experience used to qualify to take the
examination.129
A person who is licensed in another state is eligible for a landscape architecture license by
endorsement in Florida if they:130
Have graduated from an approved program or have 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 Florida 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, the additional year of practical experience is not
required.131
124
The term “landscape architecture” includes but is not limited to the determination of building settings, drainage, and
contouring of land and water forms, and other activities including design in connection with land development for the
preservation, conservation, enhancement, or determination of proper land uses, natural features, or naturalistic and aesthetic
values. See s. 481.303(6)(a)-(d), F.S., relating to the professional services included in landscape architecture.
125
Section 481.323(1)(a), F.S.
126
Section 481.319(1), F.S.
127
Section 481.309(1)(b), F.S.
128
Fla. Admin. Code R. 61G10-11.001 (2019).
129
Section 481.310, F.S.
130
Section 481.311(3), F.S.
131
Fla. Admin. Code R. 61G10-11.004(2)(e) (2019).
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Applicants for a landscape architecture business certificate of authorization must pay an
application fee and initial licensure fee of $200, an unlicensed activity fee of $5, and a biennial
renewal fee of $337.50.132 A business entity has no regulatory obligations other than to obtain
licensure and notify the DBPR within one month of any change in the information contained in
its license application.133
Effect of Proposed Changes
Sections 54 through 59 of the bill amend part II of ch. 481, F.S., to remove the requirement that
landscape architects obtain a separate business license (certificate of authorization) in addition to
an individual license. The bill provides that landscape architects must qualify their business
organizations (and disclose operations under a fictitious name) through their individual licenses.
The bill repeals the DBPR’s authority to issue a certificate of authorization to an applicant
wishing to practice as a corporation or partnership offering landscape architectural services.
Further, the bill repeals the Board of Landscape Architecture’s ability to grant a temporary
certificate of authorization for a business organization that is seeking to work on one project in
Florida for a period not to exceed 1 year to an out-of-state corporation, partnership, or firm.
The bill provides that a corporation or partnership is permitted to offer landscape architectural
services to the public, subject to the provisions of part II of ch. 481, F.S., if:
One or more of the principals of the corporation, or partners in the partnership, and all of the
personnel of the business organization who act on its behalf as landscape architects are
registered landscape architects; and
One or more of the officers, directors, or owners of the corporation, or one or more of the
partners of the partnership are registered landscape architects.
Under the bill, landscape architects who qualify as a business organization must inform the
DBPR within one month after any change in the information in the license application for the
qualified business. All landscape architects must notify the DBPR of termination of employment
with a licensed business organization within one month after the termination.
Section 53 of the bill amends s. 481.310, F.S., to provide that an applicant who holds a master’s
degree in landscape architecture and a bachelor’s degree in a related field does not have to
demonstrate 1 year of practical experience in landscape architecture to qualify for licensure.
Section 54 of the bill amends s. 481.311(3), F.S., to provide that a person is eligible for a license
by endorsement if they hold a valid license to practice landscape architecture in another state or
territory of the United States.
The bill removes the requirements for licensure by endorsement requiring the applicant to have:
Been licensed in the other jurisdiction for at least 10 years; and
Passed a licensing examination which is substantially equivalent to the examination required
in Florida.
132
See Fla. Admin. Code R. 61G10-12.002 (2019).
133
See s. 481.319(4), F.S.
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Section 55 authorizes landscape architects to receive hour-for-hour credit for certain approved
continuing education courses.
Section 56 amends s. 481.317(2), F.S., to delete the provision allowing the issuance of a
temporary certificate of authorization.
Section 57 of the bill deletes s. 481.319(5), F.S., which provides that disciplinary action against
a corporation or partnership is to be administered similar to disciplinary action against a
registered landscape architect. Under current law, practicing landscape architecture through a
corporation or partnership does not relieve a landscape architect from personal liability for
professional acts, unless otherwise agreed by contract.134
Construction Contractors
Present Situation
Construction contractors are regulated by part I of ch. 489, F.S., and licensed by the Construction
Industry Licensing Board (CILB).
In order to become a construction contractor, an applicant for a license by examination must:135
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.
If an applicant wishes to use test scores from a previous examination to qualify for another
license type, the examination score used must be from a portion of the examination taken within
4 years from the date of the most recently passed portion of the examination.136
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 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.137
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
134
See s. 481.319(6), F.S., and s. 558.0035, F.S.
135
Sections 489.111(2)(c)1. through 3., F.S.
136
Fla. Admin. Code R. 61G4-16.005 (2019).
137
Section 489.115(3), F.S.
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exception.” The “handyman exception” was enacted in 1979, and the contractual amount to fit
within the exception has not been updated since.138
Effect of Proposed Changes
Section 60 amends s. 489.103(9), F.S., to increase the maximum contract139 price for the
“handyman exception” from $1,000 to $2,500.
Sections 61 amends s. 489.111(2)(c), F.S., to eliminate the need for applicants to retake the
examination to upgrade an existing residential, building, air conditioning, or swimming pool
license if they have previously passed the required examination.
The bill clarifies that a licensure examination passage does not expire and may be used at any
time to qualify for another license.
Section 62 creates s. 489.115(3)(d), F.S., to allow an applicant to qualify for a license by
endorsement if the applicant has:
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, provided proof of the financial health
of their business organization, and submitted fingerprints for the required criminal
background check; and
Completed an approved 4 hour continuing education course on the Florida Building Code, as
well as a 1 hour course on the laws and rules of contracting in Florida.
The bill authorizes the Construction Industry Licensing Board to consider whether an applicant
for licensure by endorsement has had licenses to practice revoked, suspended, or was otherwise
acted against by the licensing authority of another state, territory, or country. Under the bill, an
application for a license by endorsement must be made either when the applicant’s license in
another state or territory is active or within 2 years after such license was last active.
Electrical Contractors
Present Situation
Electrical and alarm system contractors are regulated by part II of ch. 489, F.S., and licensed by
the Electrical Contractors’ Licensing Board (ECLB).
In order to become an electrical contractor or alarm system contractor, a person must submit an
application to the DBPR and must:
Be at least 18 years of age;
Be of good moral character;
Successfully pass the certification examination; and
138
Section 489.103(9), F.S.
139
This includes labor and materials.
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Meet eligibility requirements according to a combination of education and experience as
approved by the ECLB.140
Electrical contractors and burglar alarm contractors must complete 14 hours of continuing
education every 2 years for license renewal. 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.141
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 ECLB 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 Florida.
Only examinations from North Carolina, California, and Georgia have been found to be
substantially similar to Florida’s examination.142
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.143
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.144
Effect of Proposed Changes
Section 63 amends s. 489.511(5), F.S., to allow an applicant to qualify for a license by
endorsement if the applicant has:
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, provided proof of the financial health
of their business organization, and is of good moral character; and
140
Sections 489.511(1)(a) and (b), F.S.
141
Section 489.517(4), F.S.
142
Department of Business and Professional Regulation, Certified Electrical Contractor – Endorsement, available at:
https://www.myfloridalicense.com/CheckListDetail.asp?SID=&xactCode=1023&clientCode=0801&XACT_DEFN_ID=368
8 (last visited Feb. 4, 2020).
143
Section 489.505(25), F.S.
144
Section 489.518(1)(b), F.S.
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Completed an approved 4 hour continuing education course on the Florida Building Code, as
well as a 1 hour course on the laws and rules of electrical and alarm system contracting in
Florida.
Under the bill, an application for a license by endorsement must be made either when the
applicant’s license in another state or territory is active or within 2 years after such license was
last active.
Section 64 amends s. 489.517, F.S., to reduce the number of hours of continuing education that
specialty and alarm system contractors must complete during each biennial license period from
14 hours to 7 hours. The bill also reduces the number of hours of continuing education that must
be devoted to technical subjects from 7 hours to 1 hour.
The bill provides that for licensed specialty contractors or alarm system contractors, of the
required 7 classroom hours of continuing education, at least 1 hour must be on technical subjects,
1 hour must be on workers’ compensation, 1 hour must be on workplace safety, 1 hour must be
on business practices, and 2 hours must be on false alarm prevention.
The bill adds a requirement that each certificateholder or registrant licensed as an electrical
contractor must provide proof that they have completed 11 classroom hours of at least 50
minutes each of continuing education every two years since the issuance or renewal of the
certificate of registration.
The bill provides that for licensed electrical contractors, of the required 11 classroom hours of
continuing education, at least 7 hours must be on technical subjects, 1 hour must be on workers’
compensation, 1 hour must be on workplace safety, and 1 hour must be on business practices.
Additionally, electrical contractors engaged in alarm system contracting must also complete 2
hours on false alarm prevention.
Section 65 amends s. 489.518(1)(b), F.S., to allow a burglar alarm system agent to complete
their required 14 hour training course within 90 days after employment by an electrical or alarm
system contractor.
Public Food Service Establishments
Present Situation
Section 509.013(5)(a), F.S., defines the term “public food service establishment” to mean:
any building, vehicle, place, or structure, or any room or division in a building,
vehicle, place, or structure where food is prepared, served, or sold for immediate
consumption on or in the vicinity of the premises; called for or taken out by
customers; or prepared prior to being delivered to another location for
consumption.
The Division of Hotels and Restaurants within the DBPR is the state agency charged with
enforcing the provisions of part I of ch. 509, F.S., and all other applicable laws relating to the
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inspection and regulation of public food service establishments for the purpose of protecting the
public health, safety, and welfare.
There are several exclusions from the definition of public food service establishment,
including:145
Any place maintained and operated by a public or private school, college, or university for
the use of students and faculty or temporarily to serve events such as fairs, carnivals, and
athletic contests;
Any eating place maintained and operated by a church or a religious, nonprofit fraternal, or
nonprofit civic organization for the use of members and associates or temporarily to serve
events such as fairs, carnivals, or athletic contests;
Any eating place located on an airplane, train, bus, or watercraft which is a common carrier;
Any eating place maintained by a facility certified or licensed and regulated by the Agency
for Health Care Administration or the Department of Children and Families;146
Any place of business issued a permit or inspected by the Department of Agriculture and
Consumer Services under s. 500.12, F.S.;
Any place of business serving only ice, beverages, popcorn, and prepackaged items;
Any vending machine that dispenses any food or beverage other than potentially hazardous
foods;147 and
Any research and development test kitchen limited to the use of employees and not open to
the general public.
Effect of Proposed Changes
Section 66 of the bill creates s. 509.102, F.S, to preempt the regulation of mobile food
dispensing vehicles (food trucks) to the state. The bill prohibits local government from requiring
a license, registration, or permit to operate a food truck. The bill clarifies that local governments
are only limited by s. 509.102(2), F.S.
State Boxing Commission
Present Situation
Chapter 548, F.S., provides for the regulation of professional and amateur boxing, kickboxing,148
and mixed martial arts149 by the Florida State Boxing Commission (commission), which is
assigned to the DBPR for administrative and fiscal purposes.150
145
Section 509.013(5)(b), F.S.
146
Other similar food service establishments are regulated under s. 381.0072, F.S.
147
Vending machines located in a facility regulated under s. 381.0072, F.S. that dispense potentially hazardous foods are also
excluded from the definition.
148
The term “kickboxing” means the unarmed combat sport of fighting by striking with the fists, hands, feet, legs, or any
combination, but does not include ground fighting techniques. See s. 548.002(12), F.S.
149
The term “mixed martial arts” means the unarmed combat sport involving the use of a combination of techniques,
including, but not limited to, grappling, kicking, striking, and using techniques from martial arts disciplines, including, but
not limited to, boxing, kickboxing, Muay Thai, jujitsu, and wrestling. See s. 548.002(16), F.S.
150
See s. 548.003(1), F.S.
BILL: CS/CS/SB 474 Page 37
The commission has exclusive jurisdiction over every boxing, kickboxing, and mixed martial
arts match held in Florida151 that involves a professional.152 Professional matches held in Florida
must meet the requirements set forth in ch. 548, F.S., and the rules adopted by the
commission.153 Chapter 548, F.S. does not apply to certain professional or amateur “martial
arts,” such as karate, aikido, judo, and kung fu; the term “martial arts” is distinct from and does
not include “mixed martial arts.”154
However, in regards to amateur matches, the commission’s jurisdiction is limited to the approval,
disapproval, suspension of approval, and revocation of approval of all amateur sanctioning
organizations for amateur boxing, kickboxing, and mixed martial arts matches held in Florida.155
Amateur sanctioning organizations are business entities organized for sanctioning and
supervising matches involving amateurs.156 During Fiscal Year 2018-2019, of the 137 amateur
events in Florida, the Division of Regulation in the DBPR conducted 35 checks for compliance
with health and safety standards and proper supervision of the events.157
Under current law, certain persons providing certain services for a match involving a
professional competing in a boxing, kickboxing, or mixed martial arts match must be licensed by
the commission before directly or indirectly performing those services. Licensing is mandated
for a participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician,
matchmaker, or promoter.158
In Fiscal Year 2018-2019, the commission issued licenses to eight announcers and 11
timekeepers.159
Effect of Proposed Changes
Sections 67 and 68 of the bill amend ss. 548.003(2) and 548.017, F.S., respectively, to eliminate
the licensure requirement for persons serving as timekeepers and announcers for a match
involving a participant.
151
See s. 548.006(1), F.S.
152
The term “professional” means a person who has “received or competed for a purse or other article of a value greater than
$50, either for the expenses of training or for participating in a match. See s. 548.002(19), F.S.
153
See s. 548.006(4), F.S.
154
See s. 548.007(6), F.S., and see supra note 149 for the definition of “mixed martial arts.”
155
See s. 548.006(3), F.S.
156
Section 548.002(2), F.S.
157
See Department of Business and Professional Regulation, Florida State Boxing Commission Annual Report, Fiscal Year
2017-2018, available at: http://www.myfloridalicense.com/dbpr/os/documents/Boxing18_19.pdf at p. 6. (last visited on Feb.
4, 2020).
158
The term “participant” means a professional competing in a boxing, kickboxing, or mixed martial arts match. See
s. 548.002, F.S., for the definitions of “participant,” “manager,” “second,” “judge,” “physician,” “matchmaker,” and
“promoter.” The terms “trainer,” “timekeeper,” “referee,” and “announcer” are not defined in ch. 548, F.S.
159
Supra, note 156.
BILL: CS/CS/SB 474 Page 38
Florida Building Commission
Present Situation
In 2000, the Legislature authorized implementation of the first statewide Florida Building Code
(code), which replaced all local building codes.160
The Florida Building Commission (Commission) was created to implement the code. The
Commission, which is housed within the 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:161
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 codes 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;
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);
160
Chapter 2000-141, Laws of Fla.
161
Section 553.74, F.S.
BILL: CS/CS/SB 474 Page 39
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.162
The Commission has 11 Technical Advisory Committees (TAC) ranging from the building
structural TAC to the swimming pool TAC.163 The 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.164
Effect of Proposed Changes
Section 70 of the bill amends s. 553.74, F.S., to reduce the number of members on the
Commission from 27 members to 19 members. The bill:
Requires the one architect member to be licensed pursuant to ch. 481, F.S., with at least 5
years of experience in the design and construction of buildings containing Code designated
for Group E or Group I occupancies;165
Allows a certified mechanical engineer or mechanical contractor as options in place of the
member who is an air-conditioning contractor or mechanical contractor member to be a
mechanical engineer.
Allows the one electrical contractor member to be an electrical contractor or an electrical
engineer and includes the Florida Engineering Society in the list of groups encouraged to
recommend candidates for appointment;
Allows the one general contractor member to be a certified general contractor or a certified
building contractor;
Allows the one general contractor member to be a certified general contractor or a certified
building contractor, and includes the Florida Home Builders Association in the list of
associations that are encouraged to recommend a candidate for consideration as the member
representing the contractor profession; and
Requires the one member representing a Florida-based organization of persons with
disabilities or a nationally chartered organization of persons with disabilities with chapters in
the state to be compliant with, or be certified compliant with, the requirements of the
Americans with Disability Act of 1990, as amended.
The bill removes the following types of members from the current membership of the
Commission:
162
The chair is appointed by the Governor.
163
Department of Business and Professional Regulation, Florida Building Code Online, available at:
https://www.floridabuilding.org/c/c_commission.aspx (last visited on Feb. 4, 2020).
164
Id.
165
Group E occupancy relates to buildings and structures or portions thereof occupied by more than five children older than
two and one-half years of age who receive educational, supervision, or personal care services for fewer than 24 hours per day,
such as daycare facilities. Group I occupancy relates to the use of a building or structure, or a portion thereof, in which care
or supervision is provided to persons who are or are not capable of self-preservation without physical assistance, e.g.,
hospitals, nursing homes, and foster care facilities, or in which persons are detained for penal or correctional purposes or in
which the liberty of the occupants is restricted, e.g, correctional institutions. See Chapter 3, 2017 Florida Building Code -
Building, Sixth Edition, available at: https://up.codes/viewer/florida/fl-building-code-2017/chapter/3/use-and-occupancy-
classification#308 (last visited Feb. 4, 2020).
BILL: CS/CS/SB 474 Page 40
One member from fire protection engineering or technology;
One member who represents the Department of Financial Services;
One member who is a county codes enforcement official;
One member who is a registered mechanical or electrical engineer;
One member who is a representative of a municipality or 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.
The amendments to the composition of the Florida Building Commission in s. 553.5141, F.S.,
take effect January 1, 2021.
Other Conforming Provisions
Section 74 amends s. 287.055, F.S., relating to the acquisition of professional services offered by
“design-build firms” to state agencies, to delete the references to certified engineering and
architectural business organizations, and to reference such business organizations as qualified
rather than certified.
Effective Date
The bill provides an effective date of July 1, 2020, unless otherwise provided in the bill.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
The bill amends s. 481.207, F.S., to authorize the Board of Architecture and Interior
Design to impose a nonrefundable fee of not more than $75 for a certificate of
registration for interior designers and for the biennial renewal of the certificate of
registration. The bill addresses additional subjects related to regulation of other
professions and occupations within the DBPR.
To the extent the bill imposes a fee while addressing other subjects, the bill may be
unconstitutional as a violation the single-subject requirement for the imposition,
BILL: CS/CS/SB 474 Page 41
authorization, or raising of a state tax or fee under Article VII, Section 19 of the Florida
Constitution. Under that section, a “state tax or fee imposed, authorized, or raised under
this section must be contained in a separate bill that contains no other subject.” A “fee” is
defined by the Florida Constitution to mean “any charge or payment required by law,
including any fee for service, fee or cost for licenses, and charge for service.”166
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
A fiscal analysis for CS/CS/SB 474 was not available for the preparation of this bill
analysis. According to the DBPR, the bill would result in a reduction of license fees,
license renewal fees, and unlicensed activity fees paid by the private sector to the
Division of Professions of approximately $1,195,070 in Fiscal Year 2020-21, $569,118 in
Fiscal Year 2021-22, and $1,358,895 in Fiscal Year 2022-23.167
The fees received from the licensure of business agents and labor organizations will be
eliminated, reducing expenditures by approximately $830 annually.168
The Division of Condominiums, Timeshares, and Mobile Homes (Yacht and Ship
Brokers) of the DBPR estimates that the bill will result in a reduction of license and
license renewal fees paid by the private sector of approximately $5,400 in Fiscal Year
2020-21, $3,000 in Fiscal Year 2021-22, and $5,400 in Fiscal Year 2022-23.169
The DBPR estimates that the bill will result in a reduction of license and license renewal
fees paid by the private sector to the Florida State Boxing Commission of approximately
$1,450 annually.170
B. Private Sector Impact:
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.
166
FLA. CONST. art. VII, s. 19(d)(1)
167
See Department of Business and Professional Regulation, SB 474, 2020 Agency Legislative Bill Analysis, p. 13 (Nov.
4, 2019) (on file with Senate Committee on Innovation, Industry, and Technology).
168
Id.
169
Id.
170
Id.
BILL: CS/CS/SB 474 Page 42
The bill has a positive fiscal impact on fees paid by the private sector. Over the next three
fiscal years (FY 2020-21 to FY 2022-23), the estimated reduction totals $3,143,723 as
follows:171
Professions: A fiscal analysis for CS/CS/SB 474 was not available for the preparation of
this bill analysis. For SB 474, a reduction of license fees, license renewal fees, and
unlicensed activity fees of approximately $1,195,070 in Fiscal Year 2020-21, $569,118 in
Fiscal Year 2021-22, and $1,358,895 in Fiscal Year 2022-23.
The fees received from the licensure of business agents and labor organizations will be
eliminated, reducing expenditures by approximately $830 annually.172
Condominiums: (Yacht and Ship Brokers) A reduction of approximately $5,400 in
Fiscal Year 2020-21, $3,000 in Fiscal Year 2021-22, and $5,400 in Fiscal Year 2022-23.
Boxing Commission: A reduction of approximately $1,450 annually.
Specifically, the bill:
Eliminates license or registration costs for hair braiders, hair wrappers, body
wrappers, labor organizations, and boxing timekeepers and announcers. The bill also
increases from $1,000 to $2,500 the minimum cost of labor and materials for a
construction handymen to qualify for the exemption from licensure requirements.
Eliminates business license costs for architects and interior designers, and landscape
architects.
Eliminates the requirement that yacht and ship brokers must have a separate license
for each branch office.
Eliminates mandatory licensing costs for interior designers who provide interior
design services for commercial applications.
Reduces pre-licensure and continuing education costs for architects, barbers,
cosmetologists, nail specialists, facial specialists, full specialists, and electrical and
alarm contractors. The DBPR states the specific pre-licensure and continuing
education cost savings to these licensees are difficult to determine, but anticipates
costs to be reduced by one-third to one-half of current fees.
C. Government Sector Impact:
A fiscal analysis for CS/CS/SB 474 was not available for the preparation of this bill
analysis. According to the DBPR, the elimination of professional licensing requirements
contained in SB 474 is anticipated to reduce state government revenues by $3,143,723
over the next three fiscal years (FY 2020-21 to FY 2022-23).173 Specifically:174
171
Id .
172
Id.
173
Id at page 16.
174
Id.
BILL: CS/CS/SB 474 Page 43
Professions: a reduction of license fees, license renewal fees and unlicensed activity
fees of approximately $1,195,070 in Fiscal Year 2020-21, $569,118 in Fiscal Year
2021-22, and $1,358,895 in Fiscal Year 2022-23.
Regulation: the business agent and labor organization license fee reduction is
anticipated to be $830 annually.
Boxing Commission: a revenue reduction of approximately $1,450 annually.
Condominiums, Timeshares, and Mobile Homes (Yacht and Ship Brokers): Revenue
reduction of approximately $5,400 in Fiscal Year 2020-21, $3,000 in Fiscal Year
2021-22, and $5,400 in Fiscal Year 2022-23.175
As a result of the revenue reduction, there will be a reduction in the 8 percent service
charge to General Revenue of approximately $96,220 in Fiscal Year 2020-21, $45,952 in
Fiscal Year 2021-22, and $109,326 in Fiscal Year 2022-23.
The bill will result in a reduction of expenditures related to the reduced workload because
of the deregulation of entities currently regulated by the DBPR in the amount of
$130,840 in FY 2020-21, $137,140 in FY 2021-22 and $137,340 in FY 2022-23.176
The Bureau of Education and Testing (Bureau) in the DBPR also indicates that the bill
will have a minimal impact on its workload, although some examination content may
require updating; such updating is a part of the Bureau’s standard procedure to address
statutory changes.177
VI. Technical Deficiencies:
CS/CS/SB 474 amends ss. 456.072 and 456.074, F.S., and repeals s. 456.0721, F.S., to remove
the authority of the DOH to take disciplinary action against a health care practitioner who is in
default on a student loan guaranteed by the state or federal government. However, the bill may
not remove all the DOH requirements relating to student loan default, specifically relating to
initial award or renewal of a license. The DOH, or a licensing board within the jurisdiction of the
DOH, must refuse to issue or renew a license to an individual that is currently listed on the
USDHHS Office of Inspector General’s List of Excluded Individuals and Entities (LEIE).178
Federal law179 provides that a default on a health education loan or scholarship obligation is
permissive grounds for being placed on the LEIE and that such exclusion lasts until the default or
obligation is resolved. If a candidate or applicant is placed on the LEIE for a default on such a
175
See Department of Business and Professional Regulation, SB 474, 2020 Agency Legislative Bill Analysis, p. 14 (Nov.
4, 2019) (on file with Senate Committee on Innovation, Industry, and Technology).
176
Id.
177
Id.
178
Section 456.0635(2)(e) and (3)(e), F.S. The LEIE provides information to the health care industry, patients and the public
regarding individuals and entities currently excluded from participation in Medicare, Medicaid and all other Federal health
care programs. USDHHS, Office of Inspector General, Exclusions FAQ, https://oig.hhs.gov/faqs/exclusions-faq.asp, (last
visited Feb. 3, 2019). Individuals must be excluded (placed on the LEIE) for a conviction of specified crimes, including
patient abuse, fraud, or actions related to a controlled substance. Individuals may be placed on the LEIE for acts including
convictions relating to audits, specified misdemeanors, claims of unnecessary services, kickbacks, or default on health
education loans or scholarship obligations. 42 U.S.C. s. 1320a-7.
179
Section 1128(b)(14) of the Social Security Act and 42 U.S.C. 1320a-7(b)(14).
BILL: CS/CS/SB 474 Page 44
loan, the DOH must deny that person's application for an initial license or renewal of an existing
license.180
The bill amends s. 20.165(4)(a)(2), F.S., to change the name of the Board of Architecture and
Interior Design to the Board of Architecture. However, the bill retains the current name of the
Board of Architecture and Interior Design throughout part I of ch. 481, F.S.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes:
20.165, 322.57, 326.004, 447.02, 447.09, 447.305, 455.213, 456.072, 456.074, 468.385, 468.603,
468.613, 468.8314, 471.015, 473.308, 474.202, 474.207, 474.217, 476.114, 476.144, 477.013,
477.0135, 477.019, 477.0201, 477.026, 477.0263, 477.0265, 477.029, 481.201, 481.203,
481.205, 481.207, 481.209, 481.213, 481.2131, 481.215, 481.217, 481.219, 481.221, 481.223,
481.2251, 481.229, 481.231, 481.303, 481.310, 481.311, 481.317, 481.319, 481.321, 481.329,
489.103, 489.111, 489.115, 489.511, 489.517, 489.518, 548.003, 548.017, 553.5141, 553.74,
558.002, 559.25, and 287.055.
This bill repeals the following sections of the Florida Statutes: 447.04, 447.041, 447.045,
447.06, 447.12, 447.16, 456.0721, 477.0132, and 481.2251.
This bill creates section 509.102 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Innovation, Industry, and Technology on January 21, 2020:
The committee substitute:
Amends s. 322.57, F.S., to waive the requirement to pass the commercial driver
license skills test for military service members and veterans with specified training
and experience.
Does not amend ss. 469.006 and 469.009, F.S., to revise provisions related to asbestos
abatement business licenses.
Revises the amendment to s. 477.0135, F.S., to remove persons whose occupation or
practice is confined solely to makeup application from the list of persons who are
exempt from license and specialty registration requirements.
Revises the minimum training hours in s. 477.0201(1), F.S., for cosmetology
specialists.
180
Florida Department of Health, 2019 Agency Analysis of SB 356 (Oct. 31, 2019).
BILL: CS/CS/SB 474 Page 45
Does not amend s. 481.205, F.S., to revise the membership of the Board of
Architecture and Interior Design.
Amends ch. 481, F.S., to provide for a voluntary certificate or registration to practice
interior design in place of the current license requirement and to impose a
nonrefundable fee not to exceed $75 for a certificate of registration for interior
designers and its renewal.
Revises the qualifications for a registered interior designer, the board’s authority to
prescribe the form of seals, requirements related to the use of seals by registered
interior designers, and applicable discipline, including fines, and disciplinary grounds
for registered interior designers.
Amends s. 489.517, F.S., to revise the minimum continuing education hours for
electrical contractors.
Creates s. 509.102, F.S, to preempt the regulation of mobile food dispensing vehicles
to the state, prohibit local governments from requiring a license, registration, or
permit, and prohibit local governments from prohibiting the operation of food trucks.
CS by Commerce and Tourism Committee on February 5, 2020:
The committee substitute:
Adds “makeup application” to the list of activities that may be performed in a
location other than a licensed salon when the service is performed by a person who
holds the proper license;
Authorizes landscape architects to receive hour-for-hour credit for certain approved
continuing education courses;
Provides that the board may establish fees for architects and registered interior
designers in s. 481.207, F.S.;
Deletes s. 481.207(2), F.S., and moves the relevant fees from that provision into s.
481.207(1), F.S.
Establishes that each certificate holder or registrant licensed as a specialty contractor
or alarm system contractor must prove they have completed at least 7 classroom
hours of continuing education courses;
Adds a requirement that each certificateholder or registrant licensed as an electrical
contractor must provide proof that they have completed 11 classroom hours of at least
50 minutes each of continuing education every 2 years since the issuance or renewal
of the certificate of registration;
Gives the Electrical Contractors’ Licensing Board the authority to establish criteria
for continuing education requirements;
Provides that for licensed specialty contractors or alarm system contractors, of the
required 7 classroom hours of continuing education, at least 1 hour must be on
technical subjects, 1 hour must be on workers’ compensation, 1 hour must be on
workplace safety, 1 hour must be on business practices, and 2 hours must be on false
alarm prevention;
Provides that for licensed electrical contractors, of the required 11 classroom hours of
continuing education, at least 7 hours must be on technical subjects, 1 hour must be
on workers’ compensation, 1 hour must be on workplace safety, and 1 hour must be
on business practices;
BILL: CS/CS/SB 474 Page 46
Provides that electrical contractors engaged in alarm system contracting must also
complete 2 hours on false alarm prevention;
Authorizes employees, agents, or contractors of qualifying public or private animal
shelters, a humane organizations, or animal control agencies to implant cats and dogs
with specified microchips;
Requires that architects complete 2 hours in specialized or advanced courses on any
portion of the Florida Building Code, and provides that such hours count towards the
continuing education requirement;
Clarifies that a municipality, county, or other local government entity’s authority to
regulate mobile food dispensing vehicles is only limited by s. 509.102(2).
Adds a requirement under s. 489.115, F.S., that within 30 days after receiving a
license, the licensee is required to complete an approved 4 hour continuing education
course on the Florida Building Code, as well as a 1 hour course on the laws and rules
of contracting in Florida; and
Adds a requirement under s. 489.511, F.S., that within 30 days after receiving a
license, the licensee is required to complete an approved 4 hour continuing education
course on the Florida Building Code, as well as a 1 hour course on the laws and rules
of electrical and alarm system contracting in Florida.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì502686DÎ502686
LEGISLATIVE ACTION
Senate . House
Comm: RS .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Albritton) recommended
the following:
1 Senate Amendment
2
3 Delete line 704
4 and insert:
5 (5) Hair shampooing, hair cutting, hair arranging, makeup
6 application, nail
Page 1 of 1
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì8657246Î865724
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Albritton) recommended
the following:
1 Senate Substitute for Amendment (502686) (with title
2 amendment)
3
4 Delete lines 207 - 1318
5 and insert:
6 Section 2. Present subsection (4) of section 322.57,
7 Florida Statutes, is redesignated as subsection (5), and a new
8 subsection (4) is added to that section, to read
9 322.57 Tests of knowledge concerning specified vehicles;
10 endorsement; nonresidents; violations.—
Page 1 of 41
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì8657246Î865724
11 (4)(a) As used in this subsection, the term “servicemember”
12 means a member of any branch of the United States military or
13 military reserves, the United States Coast Guard or its
14 reserves, the Florida National Guard, or the Florida Air
15 National Guard.
16 (b) The department shall waive the requirement to pass the
17 Commercial Driver License Skills Tests for servicemembers and
18 veterans if:
19 1. The applicant has been honorably discharged from
20 military service within 1 year of the application, if the
21 applicant is a veteran;
22 2. The applicant is trained as an MOS 88M Army Motor
23 Transport Operator or similar military job specialty;
24 3. The applicant has received training to operate large
25 trucks in compliance with the Federal Motor Carrier Safety
26 Administration; and
27 4. The applicant has at least 2 years of experience in the
28 military driving vehicles that would require a commercial driver
29 license to operate.
30 (c) An applicant must complete every other requirement for
31 a commercial driver license within 1 year of receiving a waiver
32 under paragraph (b) or the waiver is invalid.
33 (d)The department shall adopt rules to administer this
34 subsection.
35 Section 3. Subsection (13) of section 326.004, Florida
36 Statutes, is amended to read:
37 326.004 Licensing.—
38 (13) Each broker must maintain a principal place of
39 business in this state and may establish branch offices in the
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì8657246Î865724
40 state. A separate license must be maintained for each branch
41 office. The division shall establish by rule a fee not to exceed
42 $100 for each branch office license.
43 Section 4. Subsection (3) of section 447.02, Florida
44 Statutes, is amended to read:
45 447.02 Definitions.—The following terms, when used in this
46 chapter, shall have the meanings ascribed to them in this
47 section:
48 (3) The term “department” means the Department of Business
49 and Professional Regulation.
50 Section 5. Section 447.04, Florida Statutes, is repealed.
51 Section 6. Section 447.041, Florida Statutes, is repealed.
52 Section 7. Section 447.045, Florida Statutes, is repealed.
53 Section 8. Section 447.06, Florida Statutes, is repealed.
54 Section 9. Subsections (6) and (8) of section 447.09,
55 Florida Statutes, are amended to read:
56 447.09 Right of franchise preserved; penalties.—It shall be
57 unlawful for any person:
58 (6) To act as a business agent without having obtained and
59 possessing a valid and subsisting license or permit.
60 (8) To make any false statement in an application for a
61 license.
62 Section 10. Section 447.12, Florida Statutes, is repealed.
63 Section 11. Section 447.16, Florida Statutes, is repealed.
64 Section 12. Subsection (4) of section 447.305, Florida
65 Statutes, is amended to read:
66 447.305 Registration of employee organization.—
67 (4) Notification of registrations and renewals of
68 registration shall be furnished at regular intervals by the
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69 commission to the Department of Business and Professional
70 Regulation.
71 Section 13. Subsection (14) is added to section 455.213,
72 Florida Statutes, to read:
73 455.213 General licensing provisions.—
74 (14) The department or a board must enter into a reciprocal
75 licensing agreement with other states if the practice act within
76 the purview of this chapter permits such agreement. If a
77 reciprocal licensing agreement exists or if the department or
78 board has determined another state’s licensing requirements or
79 examinations to be substantially equivalent or more stringent to
80 those under the practice act, the department or board must post
81 on its website which jurisdictions have such reciprocal
82 licensing agreements or substantially similar licenses.
83 Section 14. Paragraph (k) of subsection (1) of section
84 456.072, Florida Statutes, is amended to read:
85 456.072 Grounds for discipline; penalties; enforcement.—
86 (1) The following acts shall constitute grounds for which
87 the disciplinary actions specified in subsection (2) may be
88 taken:
89 (k) Failing to perform any statutory or legal obligation
90 placed upon a licensee. For purposes of this section, failing to
91 repay a student loan issued or guaranteed by the state or the
92 Federal Government in accordance with the terms of the loan is
93 not or failing to comply with service scholarship obligations
94 shall be considered a failure to perform a statutory or legal
95 obligation, and the minimum disciplinary action imposed shall be
96 a suspension of the license until new payment terms are agreed
97 upon or the scholarship obligation is resumed, followed by
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98 probation for the duration of the student loan or remaining
99 scholarship obligation period, and a fine equal to 10 percent of
100 the defaulted loan amount. Fines collected shall be deposited
101 into the Medical Quality Assurance Trust Fund.
102 Section 15. Section 456.0721, Florida Statutes, is
103 repealed.
104 Section 16. Subsection (4) of section 456.074, Florida
105 Statutes, is amended to read:
106 456.074 Certain health care practitioners; immediate
107 suspension of license.—
108 (4) Upon receipt of information that a Florida-licensed
109 health care practitioner has defaulted on a student loan issued
110 or guaranteed by the state or the Federal Government, the
111 department shall notify the licensee by certified mail that he
112 or she shall be subject to immediate suspension of license
113 unless, within 45 days after the date of mailing, the licensee
114 provides proof that new payment terms have been agreed upon by
115 all parties to the loan. The department shall issue an emergency
116 order suspending the license of any licensee who, after 45 days
117 following the date of mailing from the department, has failed to
118 provide such proof. Production of such proof shall not prohibit
119 the department from proceeding with disciplinary action against
120 the licensee pursuant to s. 456.073.
121 Section 17. Paragraph (b) of subsection (7) of section
122 468.385, Florida Statutes, is amended to read:
123 468.385 Licenses required; qualifications; examination.—
124 (7)
125 (b) A No business may not shall auction or offer to auction
126 any property in this state unless it is owned by an auctioneer
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127 who is licensed as an auction business by the department board
128 or is exempt from licensure under this act. Each application for
129 licensure must shall include the names of the owner and the
130 business, the business mailing address and location, and any
131 other information which the board may require. The owner of an
132 auction business shall report to the board within 30 days of any
133 change in this required information.
134 Section 18. Paragraph (f) of subsection (5) of section
135 468.603, Florida Statutes, is amended to read:
136 468.603 Definitions.—As used in this part:
137 (5) “Categories of building code inspectors” include the
138 following:
139 (f) “Residential One and two family dwelling inspector”
140 means a person who is qualified to inspect and determine that
141 one-family, two-family, or three-family residences not exceeding
142 two habitable stories above no more than one uninhabitable story
143 and accessory use structures in connection therewith one and two
144 family dwellings and accessory structures are constructed in
145 accordance with the provisions of the governing building,
146 plumbing, mechanical, accessibility, and electrical codes.
147 Section 19. Section 468.613, Florida Statutes, is amended
148 to read:
149 468.613 Certification by endorsement.—The board shall
150 examine other certification or training programs, as applicable,
151 upon submission to the board for its consideration of an
152 application for certification by endorsement. The board shall
153 waive its examination, qualification, education, or training
154 requirements, to the extent that such examination,
155 qualification, education, or training requirements of the
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156 applicant are determined by the board to be comparable with
157 those established by the board. The board shall waive its
158 examination, qualification, education, or training requirements
159 if an applicant for certification by endorsement is at least 18
160 years of age; is of good moral character; has held a valid
161 building administrator, inspector, plans examiner, or the
162 equivalent, certification issued by another state or territory
163 of the United States for at least 10 years before the date of
164 application; and has successfully passed an applicable
165 examination administered by the International Code Council. Such
166 application must be made either when the license in another
167 state or territory is active or within 2 years after such
168 license was last active.
169 Section 20. Subsection (3) of section 468.8314, Florida
170 Statutes, is amended to read:
171 468.8314 Licensure.—
172 (3) The department shall certify as qualified for a license
173 by endorsement an applicant who is of good moral character as
174 determined in s. 468.8313, who maintains an insurance policy as
175 required by s. 468.8322, and who:;
176 (a) Holds a valid license to practice home inspection
177 services in another state or territory of the United States,
178 whose educational requirements are substantially equivalent to
179 those required by this part; and has passed a national,
180 regional, state, or territorial licensing examination that is
181 substantially equivalent to the examination required by this
182 part; or
183 (b) Has held a valid license to practice home inspection
184 services issued by another state or territory of the United
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185 States for at least 10 years before the date of application.
186 Such application must be made either when the license in another
187 state or territory is active or within 2 years after such
188 license was last active.
189 Section 21. Subsection (5) of section 471.015, Florida
190 Statutes, is amended to read:
191 471.015 Licensure.—
192 (5)(a) The board shall deem that an applicant who seeks
193 licensure by endorsement has passed an examination substantially
194 equivalent to the fundamentals examination when such applicant
195 has held a valid professional engineer’s license in another
196 state for 10 15 years and has had 20 years of continuous
197 professional-level engineering experience.
198 (b) The board shall deem that an applicant who seeks
199 licensure by endorsement has passed an examination substantially
200 equivalent to the fundamentals examination and the principles
201 and practices examination when such applicant has held a valid
202 professional engineer’s license in another state for 15 25 years
203 and has had 30 years of continuous professional-level
204 engineering experience.
205 Section 22. Subsection (7) of section 473.308, Florida
206 Statutes, is amended to read:
207 473.308 Licensure.—
208 (7) The board shall certify as qualified for a license by
209 endorsement an applicant who:
210 (a)1. Is not licensed and has not been licensed in another
211 state or territory and who has met the requirements of this
212 section for education, work experience, and good moral character
213 and has passed a national, regional, state, or territorial
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214 licensing examination that is substantially equivalent to the
215 examination required by s. 473.306; or and
216 2. Has completed such continuing education courses as the
217 board deems appropriate, within the limits for each applicable
218 2-year period as set forth in s. 473.312, but at least such
219 courses as are equivalent to the continuing education
220 requirements for a Florida certified public accountant licensed
221 in this state during the 2 years immediately preceding her or
222 his application for licensure by endorsement; or
223 (b)1.a. Holds a valid license to practice public accounting
224 issued by another state or territory of the United States, if
225 the criteria for issuance of such license were substantially
226 equivalent to the licensure criteria that existed in this state
227 at the time the license was issued;
228 2.b. Holds a valid license to practice public accounting
229 issued by another state or territory of the United States but
230 the criteria for issuance of such license did not meet the
231 requirements of sub-subparagraph a.; has met the requirements of
232 this section for education, work experience, and good moral
233 character; and has passed a national, regional, state, or
234 territorial licensing examination that is substantially
235 equivalent to the examination required by s. 473.306; or
236 3.c. Holds a valid license to practice public accounting
237 issued by another state or territory of the United States for at
238 least 10 years before the date of application; has passed a
239 national, regional, state, or territorial licensing examination
240 that is substantially equivalent to the examination required by
241 s. 473.306; and has met the requirements of this section for
242 good moral character; and
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243 2. Has completed continuing education courses that are
244 equivalent to the continuing education requirements for a
245 Florida certified public accountant licensed in this state
246 during the 2 years immediately preceding her or his application
247 for licensure by endorsement.
248 Section 23. Subsection (6) of section 474.202, Florida
249 Statutes, is amended to read:
250 474.202 Definitions.—As used in this chapter:
251 (6) “Limited-service veterinary medical practice” means
252 offering or providing veterinary services at any location that
253 has a primary purpose other than that of providing veterinary
254 medical service at a permanent or mobile establishment permitted
255 by the board; provides veterinary medical services for privately
256 owned animals that do not reside at that location; operates for
257 a limited time; and provides limited types of veterinary medical
258 services, including vaccinations or immunizations against
259 disease, preventative procedures for parasitic control, and
260 microchipping.
261 Section 24. Paragraph (b) of subsection (2) of section
262 474.207, Florida Statutes, is amended to read:
263 474.207 Licensure by examination.—
264 (2) The department shall license each applicant who the
265 board certifies has:
266 (b)1. Graduated from a college of veterinary medicine
267 accredited by the American Veterinary Medical Association
268 Council on Education; or
269 2. Graduated from a college of veterinary medicine listed
270 in the American Veterinary Medical Association Roster of
271 Veterinary Colleges of the World and obtained a certificate from
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272 the Education Commission for Foreign Veterinary Graduates or the
273 Program for the Assessment of Veterinary Education Equivalence.
274
275 The department shall not issue a license to any applicant who is
276 under investigation in any state or territory of the United
277 States or in the District of Columbia for an act which would
278 constitute a violation of this chapter until the investigation
279 is complete and disciplinary proceedings have been terminated,
280 at which time the provisions of s. 474.214 shall apply.
281 Section 25. Subsection (1) of section 474.217, Florida
282 Statutes, is amended to read:
283 474.217 Licensure by endorsement.—
284 (1) The department shall issue a license by endorsement to
285 any applicant who, upon applying to the department and remitting
286 a fee set by the board, demonstrates to the board that she or
287 he:
288 (a) Has demonstrated, in a manner designated by rule of the
289 board, knowledge of the laws and rules governing the practice of
290 veterinary medicine in this state; and
291 (b)1. Either Holds, and has held for the 3 years
292 immediately preceding the application for licensure, a valid,
293 active license to practice veterinary medicine in another state
294 of the United States, the District of Columbia, or a territory
295 of the United States, provided that the applicant has
296 successfully completed a state, regional, national, or other
297 examination that is equivalent to or more stringent than the
298 examination required by the board requirements for licensure in
299 the issuing state, district, or territory are equivalent to or
300 more stringent than the requirements of this chapter; or
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301 2. Meets the qualifications of s. 474.207(2)(b) and has
302 successfully completed a state, regional, national, or other
303 examination which is equivalent to or more stringent than the
304 examination given by the department and has passed the board’s
305 clinical competency examination or another clinical competency
306 examination specified by rule of the board.
307 Section 26. Subsection (2) of section 476.114, Florida
308 Statutes, is amended to read:
309 476.114 Examination; prerequisites.—
310 (2) An applicant shall be eligible for licensure by
311 examination to practice barbering if the applicant:
312 (a) Is at least 16 years of age;
313 (b) Pays the required application fee; and
314 (c)1. Holds an active valid license to practice barbering
315 in another state, has held the license for at least 1 year, and
316 does not qualify for licensure by endorsement as provided for in
317 s. 476.144(5); or
318 2. Has received a minimum of 900 1,200 hours of training in
319 sanitation, safety, and laws and rules, as established by the
320 board, which shall include, but shall not be limited to, the
321 equivalent of completion of services directly related to the
322 practice of barbering at one of the following:
323 a. A school of barbering licensed pursuant to chapter 1005;
324 b. A barbering program within the public school system; or
325 c. A government-operated barbering program in this state.
326
327 The board shall establish by rule procedures whereby the school
328 or program may certify that a person is qualified to take the
329 required examination after the completion of a minimum of 600
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330 1,000 actual school hours. If the person passes the examination,
331 she or he shall have satisfied this requirement; but if the
332 person fails the examination, she or he shall not be qualified
333 to take the examination again until the completion of the full
334 requirements provided by this section.
335 Section 27. Subsection (5) of section 476.144, Florida
336 Statutes, is amended to read:
337 476.144 Licensure.—
338 (5) The board shall certify as qualified for licensure by
339 endorsement as a barber in this state an applicant who holds a
340 current active license to practice barbering in another state.
341 The board shall adopt rules specifying procedures for the
342 licensure by endorsement of practitioners desiring to be
343 licensed in this state who hold a current active license in
344 another state or country and who have met qualifications
345 substantially similar to, equivalent to, or greater than the
346 qualifications required of applicants from this state.
347 Section 28. Subsection (9) of section 477.013, Florida
348 Statutes, is amended to read:
349 477.013 Definitions.—As used in this chapter:
350 (9) “Hair braiding” means the weaving or interweaving of
351 natural human hair or commercial hair, including the use of hair
352 extensions or wefts, for compensation without cutting, coloring,
353 permanent waving, relaxing, removing, or chemical treatment and
354 does not include the use of hair extensions or wefts.
355 Section 29. Section 477.0132, Florida Statutes, is
356 repealed.
357 Section 30. Subsections (7) through (10) are added to
358 section 477.0135, Florida Statutes, to read:
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359 477.0135 Exemptions.—
360 (7) A license or registration is not required for a person
361 whose occupation or practice is confined solely to hair braiding
362 as defined in s. 477.013(9).
363 (8) A license or registration is not required for a person
364 whose occupation or practice is confined solely to hair wrapping
365 as defined in s. 477.013(10).
366 (9) A license or registration is not required for a person
367 whose occupation or practice is confined solely to body wrapping
368 as defined in s. 477.013(12).
369 (10) A license or registration is not required for a person
370 whose occupation or practice is confined solely to applying
371 polish to fingernails and toenails.
372 Section 31. Subsections (6) and (7) of section 477.019,
373 Florida Statutes, are amended to read:
374 477.019 Cosmetologists; qualifications; licensure;
375 supervised practice; license renewal; endorsement; continuing
376 education.—
377 (6) The board shall certify as qualified for licensure by
378 endorsement as a cosmetologist in this state an applicant who
379 holds a current active license to practice cosmetology in
380 another state and who has completed a 2-hour course approved by
381 the board on human immunodeficiency virus and acquired immune
382 deficiency syndrome. The board may not require proof of
383 educational hours if the license was issued in a state that
384 requires 1,200 or more hours of prelicensure education and
385 passage of a written examination. This subsection does not apply
386 to applicants who received their license in another state
387 through an apprenticeship program.
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388 (7)(a) The board shall prescribe by rule continuing
389 education requirements intended to ensure protection of the
390 public through updated training of licensees and registered
391 specialists, not to exceed 10 16 hours biennially, as a
392 condition for renewal of a license or registration as a
393 specialist under this chapter. Continuing education courses
394 shall include, but not be limited to, the following subjects as
395 they relate to the practice of cosmetology: human
396 immunodeficiency virus and acquired immune deficiency syndrome;
397 Occupational Safety and Health Administration regulations;
398 workers’ compensation issues; state and federal laws and rules
399 as they pertain to cosmetologists, cosmetology, salons,
400 specialists, specialty salons, and booth renters; chemical
401 makeup as it pertains to hair, skin, and nails; and
402 environmental issues. Courses given at cosmetology conferences
403 may be counted toward the number of continuing education hours
404 required if approved by the board.
405 (b) Any person whose occupation or practice is confined
406 solely to hair braiding, hair wrapping, or body wrapping is
407 exempt from the continuing education requirements of this
408 subsection.
409 (c) The board may, by rule, require any licensee in
410 violation of a continuing education requirement to take a
411 refresher course or refresher course and examination in addition
412 to any other penalty. The number of hours for the refresher
413 course may not exceed 48 hours.
414 Section 32. Subsection (1) of section 477.0201, Florida
415 Statutes, is amended to read:
416 477.0201 Specialty registration; qualifications;
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417 registration renewal; endorsement.—
418 (1) Any person is qualified for registration as a
419 specialist in any one or more of the specialty practice
420 practices within the practice of cosmetology under this chapter
421 who:
422 (a) Is at least 16 years of age or has received a high
423 school diploma.
424 (b) Has received a certificate of completion for: in a
425 1. One hundred and eighty hours of training, as established
426 by the board, which shall focus primarily on sanitation and
427 safety, to practice specialties as defined in s. 477.013(6)(a)
428 and (b); specialty pursuant to s. 477.013(6)
429 2. Two hundred and twenty hours of training, as established
430 by the board, which shall focus primarily on sanitation and
431 safety, to practice the specialty as defined in s.
432 477.013(6)(c); or
433 3. Four hundred hours of training or the number of hours of
434 training required to maintain minimum Pell Grant requirements,
435 as established by the board, which shall focus primarily on
436 sanitation and safety, to practice the specialties as defined in
437 s. 477.013(6)(a)-(c).
438 (c) The certificate of completion specified in paragraph
439 (b) must be from one of the following:
440 1. A school licensed pursuant to s. 477.023.
441 2. A school licensed pursuant to chapter 1005 or the
442 equivalent licensing authority of another state.
443 3. A specialty program within the public school system.
444 4. A specialty division within the Cosmetology Division of
445 the Florida School for the Deaf and the Blind, provided the
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446 training programs comply with minimum curriculum requirements
447 established by the board.
448 Section 33. Paragraph (f) of subsection (1) of section
449 477.026, Florida Statutes, is amended to read:
450 477.026 Fees; disposition.—
451 (1) The board shall set fees according to the following
452 schedule:
453 (f) For hair braiders, hair wrappers, and body wrappers,
454 fees for registration shall not exceed $25.
455 Section 34. Subsection (4) of section 477.0263, Florida
456 Statutes, is amended, and subsection (5) is added to that
457 section, to read:
458 477.0263 Cosmetology services to be performed in licensed
459 salon; exceptions.—
460 (4) Pursuant to rules adopted by the board, any cosmetology
461 or specialty service may be performed in a location other than a
462 licensed salon when the service is performed in connection with
463 a special event and is performed by a person who is employed by
464 a licensed salon and who holds the proper license or specialty
465 registration. An appointment for the performance of any such
466 service in a location other than a licensed salon must be made
467 through a licensed salon.
468 (5) Hair shampooing, hair cutting, hair arranging, makeup
469 application, nail polish removal, nail filing, nail buffing, and
470 nail cleansing may be performed in a location other than a
471 licensed salon when the service is performed by a person who
472 holds the proper license.
473 Section 35. Paragraph (f) of subsection (1) of section
474 477.0265, Florida Statutes, is amended to read:
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475 477.0265 Prohibited acts.—
476 (1) It is unlawful for any person to:
477 (f) Advertise or imply that skin care services or body
478 wrapping, as performed under this chapter, have any relationship
479 to the practice of massage therapy as defined in s. 480.033(3),
480 except those practices or activities defined in s. 477.013.
481 Section 36. Paragraph (a) of subsection (1) of section
482 477.029, Florida Statutes, is amended to read:
483 477.029 Penalty.—
484 (1) It is unlawful for any person to:
485 (a) Hold himself or herself out as a cosmetologist or,
486 specialist, hair wrapper, hair braider, or body wrapper unless
487 duly licensed or registered, or otherwise authorized, as
488 provided in this chapter.
489 Section 37. Section 481.201, Florida Statutes, is amended
490 to read:
491 481.201 Purpose.—The primary legislative purpose for
492 enacting this part is to ensure that every architect practicing
493 in this state meets minimum requirements for safe practice. It
494 is the legislative intent that architects who fall below minimum
495 competency or who otherwise present a danger to the public shall
496 be prohibited from practicing in this state. The Legislature
497 further finds that it is in the interest of the public to limit
498 the practice of interior design to interior designers or
499 architects who have the design education and training required
500 by this part or to persons who are exempted from the provisions
501 of this part.
502 Section 38. Section 481.203, Florida Statutes, is amended
503 to read:
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504 481.203 Definitions.—As used in this part, the term:
505 (3)(1) “Board” means the Board of Architecture and Interior
506 Design.
507 (7)(2) “Department” means the Department of Business and
508 Professional Regulation.
509 (1)(3) “Architect” or “registered architect” means a
510 natural person who is licensed under this part to engage in the
511 practice of architecture.
512 (5)(4) “Certificate of registration” means a license or
513 registration issued by the department to a natural person to
514 engage in the practice of architecture or interior design.
515 (4)(5) “Business organization” means a partnership, a
516 limited liability company, a corporation, or an individual
517 operating under a fictitious name “Certificate of authorization”
518 means a certificate issued by the department to a corporation or
519 partnership to practice architecture or interior design.
520 (2)(6) “Architecture” means the rendering or offering to
521 render services in connection with the design and construction
522 of a structure or group of structures which have as their
523 principal purpose human habitation or use, and the utilization
524 of space within and surrounding such structures. These services
525 include planning, providing preliminary study designs, drawings
526 and specifications, job-site inspection, and administration of
527 construction contracts.
528 (16)(7) “Townhouse” is a single-family dwelling unit not
529 exceeding three stories in height which is constructed in a
530 series or group of attached units with property lines separating
531 such units. Each townhouse shall be considered a separate
532 building and shall be separated from adjoining townhouses by the
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533 use of separate exterior walls meeting the requirements for zero
534 clearance from property lines as required by the type of
535 construction and fire protection requirements; or shall be
536 separated by a party wall; or may be separated by a single wall
537 meeting the following requirements:
538 (a) Such wall shall provide not less than 2 hours of fire
539 resistance. Plumbing, piping, ducts, or electrical or other
540 building services shall not be installed within or through the
541 2-hour wall unless such materials and methods of penetration
542 have been tested in accordance with the Standard Building Code.
543 (b) Such wall shall extend from the foundation to the
544 underside of the roof sheathing, and the underside of the roof
545 shall have at least 1 hour of fire resistance for a width not
546 less than 4 feet on each side of the wall.
547 (c) Each dwelling unit sharing such wall shall be designed
548 and constructed to maintain its structural integrity independent
549 of the unit on the opposite side of the wall.
550 (10)(8) “Interior design” means designs, consultations,
551 studies, drawings, specifications, and administration of design
552 construction contracts relating to nonstructural interior
553 elements of a building or structure. “Interior design” includes,
554 but is not limited to, reflected ceiling plans, space planning,
555 furnishings, and the fabrication of nonstructural elements
556 within and surrounding interior spaces of buildings. “Interior
557 design” specifically excludes the design of or the
558 responsibility for architectural and engineering work, except
559 for specification of fixtures and their location within interior
560 spaces. As used in this subsection, “architectural and
561 engineering interior construction relating to the building
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562 systems” includes, but is not limited to, construction of
563 structural, mechanical, plumbing, heating, air-conditioning,
564 ventilating, electrical, or vertical transportation systems, or
565 construction which materially affects lifesafety systems
566 pertaining to firesafety protection such as fire-rated
567 separations between interior spaces, fire-rated vertical shafts
568 in multistory structures, fire-rated protection of structural
569 elements, smoke evacuation and compartmentalization, emergency
570 ingress or egress systems, and emergency alarm systems.
571 (11)(9) “Registered interior designer” or “interior
572 designer” means a natural person who holds a valid certificate
573 of registration to practice interior design is licensed under
574 this part.
575 (12)(10) “Nonstructural element” means an element which
576 does not require structural bracing and which is something other
577 than a load-bearing wall, load-bearing column, or other load-
578 bearing element of a building or structure which is essential to
579 the structural integrity of the building.
580 (13)(11) “Reflected ceiling plan” means a ceiling design
581 plan which is laid out as if it were projected downward and
582 which may include lighting and other elements.
583 (15)(12) “Space planning” means the analysis, programming,
584 or design of spatial requirements, including preliminary space
585 layouts and final planning.
586 (6)(13) “Common area” means an area that is held out for
587 use by all tenants or owners in a multiple-unit dwelling,
588 including, but not limited to, a lobby, elevator, hallway,
589 laundry room, clubhouse, or swimming pool.
590 (8)(14) “Diversified interior design experience” means
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591 experience which substantially encompasses the various elements
592 of interior design services set forth under the definition of
593 “interior design” in subsection (10)(8).
594 (9)(15) “Interior decorator services” includes the
595 selection or assistance in selection of surface materials,
596 window treatments, wallcoverings, paint, floor coverings,
597 surface-mounted lighting, surface-mounted fixtures, and loose
598 furnishings not subject to regulation under applicable building
599 codes.
600 (14)(16) “Responsible supervising control” means the
601 exercise of direct personal supervision and control throughout
602 the preparation of documents, instruments of service, or any
603 other work requiring the seal and signature of a licensee under
604 this part.
605 Section 39. Paragraph (a) of subsection (3) of section
606 481.205, Florida Statutes, is amended to read:
607 481.205 Board of Architecture and Interior Design.—
608 (3)(a) Notwithstanding the provisions of ss. 455.225,
609 455.228, and 455.32, the duties and authority of the department
610 to receive complaints and investigate and discipline persons
611 licensed or registered under this part, including the ability to
612 determine legal sufficiency and probable cause; to initiate
613 proceedings and issue final orders for summary suspension or
614 restriction of a license or certificate of registration pursuant
615 to s. 120.60(6); to issue notices of noncompliance, notices to
616 cease and desist, subpoenas, and citations; to retain legal
617 counsel, investigators, or prosecutorial staff in connection
618 with the licensed practice of architecture or registered and
619 interior design; and to investigate and deter the unlicensed
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620 practice of architecture and interior design as provided in s.
621 455.228 are delegated to the board. All complaints and any
622 information obtained pursuant to an investigation authorized by
623 the board are confidential and exempt from s. 119.07(1) as
624 provided in s. 455.225(2) and (10).
625 Section 40. Section 481.207, Florida Statutes, is amended
626 to read:
627 481.207 Fees.—The board, by rule, may establish separate
628 fees for architects and registered interior designers, to be
629 paid for applications, examination, reexamination, licensing and
630 renewal, delinquency, reinstatement, and recordmaking and
631 recordkeeping. The examination fee shall be in an amount that
632 covers the cost of obtaining and administering the examination
633 and shall be refunded if the applicant is found ineligible to
634 sit for the examination. The application fee is nonrefundable.
635 The fee for initial application and examination for architects
636 and interior designers may not exceed $775 plus the actual per
637 applicant cost to the department for purchase of the examination
638 from the National Council of Architectural Registration Boards
639 or the National Council of Interior Design Qualifications,
640 respectively, or similar national organizations. The initial
641 nonrefundable fee for registered interior designers may not
642 exceed $75. The biennial renewal fee for architects may not
643 exceed $200. The biennial renewal fee for registered interior
644 designers may not exceed $75 $500. The delinquency fee may not
645 exceed the biennial renewal fee established by the board for an
646 active license. The board shall establish fees that are adequate
647 to ensure the continued operation of the board and to fund the
648 proportionate expenses incurred by the department which are
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649 allocated to the regulation of architects and registered
650 interior designers. Fees shall be based on department estimates
651 of the revenue required to implement this part and the
652 provisions of law with respect to the regulation of architects
653 and interior designers.
654 Section 41. Section 481.209, Florida Statutes, is amended
655 to read:
656 481.209 Examinations.—
657 (1) A person desiring to be licensed as a registered
658 architect by initial examination shall apply to the department,
659 complete the application form, and remit a nonrefundable
660 application fee. The department shall license any applicant who
661 the board certifies:
662 (a) has passed the licensure examination prescribed by
663 board rule; and
664 (b) is a graduate of a school or college of architecture
665 with a program accredited by the National Architectural
666 Accreditation Board.
667 (2) A person seeking to obtain a certificate of
668 registration as a registered interior designer and a seal
669 pursuant to s. 481.221 must provide the department with his or
670 her name and address and written proof that he or she has
671 successfully passed the qualification examination prescribed by
672 the Council for Interior Design Qualification or its successor
673 entity or the California Council for Interior Design
674 Certification or its successor entity, or has successfully
675 passed an equivalent exam as determined by the department A
676 person desiring to be licensed as a registered interior designer
677 shall apply to the department for licensure. The department
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678 shall administer the licensure examination for interior
679 designers to each applicant who has completed the application
680 form and remitted the application and examination fees specified
681 in s. 481.207 and who the board certifies:
682 (a) Is a graduate from an interior design program of 5
683 years or more and has completed 1 year of diversified interior
684 design experience;
685 (b) Is a graduate from an interior design program of 4
686 years or more and has completed 2 years of diversified interior
687 design experience;
688 (c) Has completed at least 3 years in an interior design
689 curriculum and has completed 3 years of diversified interior
690 design experience; or
691 (d) Is a graduate from an interior design program of at
692 least 2 years and has completed 4 years of diversified interior
693 design experience.
694
695 Subsequent to October 1, 2000, for the purpose of having the
696 educational qualification required under this subsection
697 accepted by the board, the applicant must complete his or her
698 education at a program, school, or college of interior design
699 whose curriculum has been approved by the board as of the time
700 of completion. Subsequent to October 1, 2003, all of the
701 required amount of educational credits shall have been obtained
702 in a program, school, or college of interior design whose
703 curriculum has been approved by the board, as of the time each
704 educational credit is gained. The board shall adopt rules
705 providing for the review and approval of programs, schools, and
706 colleges of interior design and courses of interior design study
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707 based on a review and inspection by the board of the curriculum
708 of programs, schools, and colleges of interior design in the
709 United States, including those programs, schools, and colleges
710 accredited by the Foundation for Interior Design Education
711 Research. The board shall adopt rules providing for the review
712 and approval of diversified interior design experience required
713 by this subsection.
714 Section 42. Section 481.213, Florida Statutes, is amended
715 to read:
716 481.213 Licensure and registration.—
717 (1) The department shall license or register any applicant
718 who the board certifies is qualified for licensure or
719 registration and who has paid the initial licensure or
720 registration fee. Licensure as an architect under this section
721 shall be deemed to include all the rights and privileges of
722 registration licensure as an interior designer under this
723 section.
724 (2) The board shall certify for licensure or registration
725 by examination any applicant who passes the prescribed licensure
726 or registration examination and satisfies the requirements of
727 ss. 481.209 and 481.211, for architects, or the requirements of
728 s. 481.209, for interior designers.
729 (3) The board shall certify as qualified for a license by
730 endorsement as an architect or registration as a registered an
731 interior designer an applicant who:
732 (a) Qualifies to take the prescribed licensure or
733 registration examination, and has passed the prescribed
734 licensure registration examination or a substantially equivalent
735 examination in another jurisdiction, as set forth in s. 481.209
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736 for architects or registered interior designers, as applicable,
737 and has satisfied the internship requirements set forth in s.
738 481.211 for architects;
739 (b) Holds a valid license to practice architecture or a
740 license, registration, or certification to practice interior
741 design issued by another jurisdiction of the United States, if
742 the criteria for issuance of such license were substantially
743 equivalent to the licensure criteria that existed in this state
744 at the time the license was issued; provided, however, that an
745 applicant who has been licensed for use of the title “interior
746 design” rather than licensed to practice interior design shall
747 not qualify hereunder; or
748 (c) Has passed the prescribed licensure examination and
749 holds a valid certificate issued by the National Council of
750 Architectural Registration Boards, and holds a valid license to
751 practice architecture issued by another state or jurisdiction of
752 the United States.
753
754 An architect who is licensed in another state who seeks
755 qualification for license by endorsement under this subsection
756 must complete a class approved by the board on the Florida
757 Building Code.
758 (4) The board may refuse to certify any applicant who has
759 violated any of the provisions of s. 481.223, s. 481.225, or s.
760 481.2251, as applicable.
761 (5) The board may refuse to certify any applicant who is
762 under investigation in any jurisdiction for any act which would
763 constitute a violation of this part or of chapter 455 until such
764 time as the investigation is complete and disciplinary
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765 proceedings have been terminated.
766 (6) The board shall adopt rules to implement the provisions
767 of this part relating to the examination, internship, and
768 licensure of applicants.
769 (7) For persons whose licensure requires satisfaction of
770 the requirements of ss. 481.209 and 481.211, the board shall, by
771 rule, establish qualifications for certification of such persons
772 as special inspectors of threshold buildings, as defined in ss.
773 553.71 and 553.79, and shall compile a list of persons who are
774 certified. A special inspector is not required to meet standards
775 for certification other than those established by the board, and
776 the fee owner of a threshold building may not be prohibited from
777 selecting any person certified by the board to be a special
778 inspector. The board shall develop minimum qualifications for
779 the qualified representative of the special inspector who is
780 authorized under s. 553.79 to perform inspections of threshold
781 buildings on behalf of the special inspector.
782 (8) A certificate of registration is not required for a
783 person whose occupation or practice is confined to interior
784 decorator services or for a person whose occupation or practice
785 is confined to interior design except as required in this part.
786 Section 43. Subsection (1) of section 481.2131, Florida
787 Statutes, is amended to read:
788 481.2131 Interior design; practice requirements; disclosure
789 of compensation for professional services.—
790 (1) A registered interior designer is authorized to perform
791 “interior design” as defined in s. 481.203. Interior design
792 documents prepared by a registered interior designer shall
793 contain a statement that the document is not an architectural or
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794 engineering study, drawing, specification, or design and is not
795 to be used for construction of any load-bearing columns, load-
796 bearing framing or walls of structures, or issuance of any
797 building permit, except as otherwise provided by law. Interior
798 design documents that are prepared and sealed by a registered
799 interior designer must may, if required by a permitting body, be
800 accepted by the permitting body be submitted for the issuance of
801 a building permit for interior construction excluding design of
802 any structural, mechanical, plumbing, heating, air-conditioning,
803 ventilating, electrical, or vertical transportation systems or
804 that materially affect lifesafety systems pertaining to
805 firesafety protection such as fire-rated separations between
806 interior spaces, fire-rated vertical shafts in multistory
807 structures, fire-rated protection of structural elements, smoke
808 evacuation and compartmentalization, emergency ingress or egress
809 systems, and emergency alarm systems. Interior design documents
810 submitted for the issuance of a building permit by an individual
811 performing interior design services who is not a licensed
812 architect must include a seal issued by the department and in
813 conformance with the requirements of s. 481.221.
814 Section 44. Section 481.215, Florida Statutes, is amended
815 to read:
816 481.215 Renewal of license or certificate of registration.—
817 (1) Subject to the requirement of subsection (3), the
818 department shall renew a license or certificate of registration
819 upon receipt of the renewal application and renewal fee.
820 (2) The department shall adopt rules establishing a
821 procedure for the biennial renewal of licenses and certificate
822 of registrations.
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823 (3) A No license or certificate of registration renewal may
824 not shall be issued to an architect or a registered an interior
825 designer by the department until the licensee or registrant
826 submits proof satisfactory to the department that, during the 2
827 years before prior to application for renewal, the licensee or
828 registrant participated per biennium in not less than 20 hours
829 of at least 50 minutes each per biennium of continuing education
830 approved by the board. The board shall approve only continuing
831 education that builds upon the basic knowledge of architecture
832 or interior design. The board may make exception from the
833 requirements of continuing education in emergency or hardship
834 cases.
835 (4) The board shall by rule establish criteria for the
836 approval of continuing education courses and providers and shall
837 by rule establish criteria for accepting alternative
838 nonclassroom continuing education on an hour-for-hour basis.
839 (5) For architects, the board shall require, by rule
840 adopted pursuant to ss. 120.536(1) and 120.54, 2 a specified
841 number of hours in specialized or advanced courses, approved by
842 the Florida Building Commission, on any portion of the Florida
843 Building Code, adopted pursuant to part IV of chapter 553,
844 relating to the licensee’s respective area of practice. Such
845 hours count towards the continuing education hours required
846 under subsection (3). A licensee may complete the courses
847 required under this subsection online.
848 Section 45. Section 481.217, Florida Statutes, is amended
849 to read:
850 481.217 Inactive status.—
851 (1) The board may prescribe by rule continuing education
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852 requirements as a condition of reactivating a license. The rules
853 may not require more than one renewal cycle of continuing
854 education to reactivate a license or registration for a
855 registered architect or registered interior designer. For
856 interior design, the board may approve only continuing education
857 that builds upon the basic knowledge of interior design.
858 (2) The board shall adopt rules relating to application
859 procedures for inactive status and for the reactivation of
860 inactive licenses and registrations.
861 Section 46. Section 481.219, Florida Statutes, is amended
862 to read:
863 481.219 Qualification of business organizations
864 certification of partnerships, limited liability companies, and
865 corporations.—
866 (1) A licensee may The practice of or the offer to practice
867 architecture or interior design by licensees through a qualified
868 business organization that offers corporation, limited liability
869 company, or partnership offering architectural or interior
870 design services to the public, or by a corporation, limited
871 liability company, or partnership offering architectural or
872 interior design services to the public through licensees under
873 this part as agents, employees, officers, or partners, is
874 permitted, subject to the provisions of this section.
875 (2) If a licensee or an applicant proposes to engage in the
876 practice of architecture as a business organization, the
877 licensee or applicant shall qualify the business organization
878 upon approval of the board For the purposes of this section, a
879 certificate of authorization shall be required for a
880 corporation, limited liability company, partnership, or person
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881 practicing under a fictitious name, offering architectural
882 services to the public jointly or separately. However, when an
883 individual is practicing architecture in her or his own name,
884 she or he shall not be required to be certified under this
885 section. Certification under this subsection to offer
886 architectural services shall include all the rights and
887 privileges of certification under subsection (3) to offer
888 interior design services.
889 (3)(a) A business organization may not engage in the
890 practice of architecture unless its qualifying agent is a
891 registered architect under this part. A qualifying agent who
892 terminates an affiliation with a qualified business organization
893 shall immediately notify the department of such termination. If
894 such qualifying agent is the only qualifying agent for that
895 business organization, the business organization must be
896 qualified by another qualifying agent within 60 days after the
897 termination. Except as provided in paragraph (b), the business
898 organization may not engage in the practice of architecture
899 until it is qualified by another qualifying agent.
900 (b) In the event a qualifying agent ceases employment with
901 a qualified business organization, the executive director or the
902 chair of the board may authorize another registered architect
903 employed by the business organization to temporarily serve as
904 its qualifying agent for a period of no more than 60 days. The
905 business organization is not authorized to operate beyond such
906 period under this chapter absent replacement of the qualifying
907 agent who has ceased employment.
908 (c) A qualifying agent shall notify the department in
909 writing before engaging in the practice of architecture in her
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910 or his own name or in affiliation with a different business
911 organization, and she or he or such business organization shall
912 supply the same information to the department as required of
913 applicants under this part.
914 (3) For the purposes of this section, a certificate of
915 authorization shall be required for a corporation, limited
916 liability company, partnership, or person operating under a
917 fictitious name, offering interior design services to the public
918 jointly or separately. However, when an individual is practicing
919 interior design in her or his own name, she or he shall not be
920 required to be certified under this section.
921 (4) All final construction documents and instruments of
922 service which include drawings, specifications, plans, reports,
923 or other papers or documents that involve involving the practice
924 of architecture which are prepared or approved for the use of
925 the business organization corporation, limited liability
926 company, or partnership and filed for public record within the
927 state must shall bear the signature and seal of the licensee who
928 prepared or approved them and the date on which they were
929 sealed.
930 (5) All drawings, specifications, plans, reports, or other
931 papers or documents prepared or approved for the use of the
932 corporation, limited liability company, or partnership by an
933 interior designer in her or his professional capacity and filed
934 for public record within the state shall bear the signature and
935 seal of the licensee who prepared or approved them and the date
936 on which they were sealed.
937 (6) The department shall issue a certificate of
938 authorization to any applicant who the board certifies as
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939 qualified for a certificate of authorization and who has paid
940 the fee set in s. 481.207.
941 (7) The board shall allow a licensee or certify an
942 applicant to qualify one or more business organizations as
943 qualified for a certificate of authorization to offer
944 architectural or interior design services, or to use a
945 fictitious name to offer such services, if provided that:
946 (a) one or more of the principal officers of the
947 corporation or limited liability company, or one or more
948 partners of the partnership, and all personnel of the
949 corporation, limited liability company, or partnership who act
950 in its behalf in this state as architects, are registered as
951 provided by this part; or
952 (b) One or more of the principal officers of the
953 corporation or one or more partners of the partnership, and all
954 personnel of the corporation, limited liability company, or
955 partnership who act in its behalf in this state as interior
956 designers, are registered as provided by this part.
957 (8) The department shall adopt rules establishing a
958 procedure for the biennial renewal of certificates of
959 authorization.
960 (9) The department shall renew a certificate of
961 authorization upon receipt of the renewal application and
962 biennial renewal fee.
963 (6)(10) Each qualifying agent who qualifies a business
964 organization, partnership, limited liability company, or and
965 corporation certified under this section shall notify the
966 department within 30 days after of any change in the information
967 contained in the application upon which the qualification
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968 certification is based. Any registered architect or interior
969 designer who qualifies the business organization shall ensure
970 corporation, limited liability company, or partnership as
971 provided in subsection (7) shall be responsible for ensuring
972 responsible supervising control of projects of the business
973 organization entity and shall notify the department of the upon
974 termination of her or his employment with a business
975 organization qualified partnership, limited liability company,
976 or corporation certified under this section shall notify the
977 department of the termination within 30 days after such
978 termination.
979 (7)(11) A business organization is not No corporation,
980 limited liability company, or partnership shall be relieved of
981 responsibility for the conduct or acts of its agents, employees,
982 or officers by reason of its compliance with this section.
983 However, except as provided in s. 558.0035, the architect who
984 signs and seals the construction documents and instruments of
985 service is shall be liable for the professional services
986 performed, and the interior designer who signs and seals the
987 interior design drawings, plans, or specifications shall be
988 liable for the professional services performed.
989 (12) Disciplinary action against a corporation, limited
990 liability company, or partnership shall be administered in the
991 same manner and on the same grounds as disciplinary action
992 against a registered architect or interior designer,
993 respectively.
994 (8)(13) Nothing in This section may not shall be construed
995 to mean that a certificate of registration to practice
996 architecture must or interior design shall be held by a business
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997 organization corporation, limited liability company, or
998 partnership. Nothing in This section does not prohibit a
999 business organization from offering prohibits corporations,
1000 limited liability companies, and partnerships from joining
1001 together to offer architectural, engineering, interior design,
1002 surveying and mapping, and landscape architectural services, or
1003 any combination of such services, to the public if the business
1004 organization, provided that each corporation, limited liability
1005 company, or partnership otherwise meets the requirements of law.
1006 (14) Corporations, limited liability companies, or
1007 partnerships holding a valid certificate of authorization to
1008 practice architecture shall be permitted to use in their title
1009 the term “interior designer” or “registered interior designer.”
1010 Section 47. Subsections (5) and (10) of section 481.221,
1011 Florida Statutes, are amended to read:
1012 481.221 Seals; display of certificate number.—
1013 (5) No registered interior designer shall affix, or permit
1014 to be affixed, her or his seal or signature to any plan,
1015 specification, drawing, or other document which depicts work
1016 which she or he is not competent or registered licensed to
1017 perform.
1018 (10) Each registered architect must or interior designer,
1019 and each corporation, limited liability company, or partnership
1020 holding a certificate of authorization, shall include her or his
1021 license its certificate number in any newspaper, telephone
1022 directory, or other advertising medium used by the registered
1023 licensee. Each business organization must include the license
1024 number of the registered architect who serves as the qualifying
1025 agent for that business organization in any newspaper, telephone
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1026 directory, or other advertising medium used by the business
1027 organization architect, interior designer, corporation, limited
1028 liability company, or partnership. A corporation, limited
1029 liability company, or partnership is not required to display the
1030 certificate number of individual registered architects or
1031 interior designers employed by or working within the
1032 corporation, limited liability company, or partnership.
1033
1034 ================= T I T L E A M E N D M E N T ================
1035 And the title is amended as follows:
1036 Delete lines 3 - 130
1037 and insert:
1038 occupations; providing a short title; amending s.
1039 322.57, F.S.; defining the term “servicemember”;
1040 requiring the Department of Highway Safety and Motor
1041 Vehicles to waive the requirement to pass the
1042 Commercial Driver License Skills Tests for certain
1043 servicemembers and veterans; requiring an applicant
1044 who receives such waiver to complete certain
1045 requirements within a specified time; requiring the
1046 department to adopt rules; amending s. 326.004, F.S.;
1047 deleting the requirement that a yacht broker maintain
1048 a separate license for each branch office; deleting
1049 the requirement that the Division of Florida
1050 Condominiums, Timeshares, and Mobile Homes establish a
1051 fee; amending s. 447.02, F.S.; conforming provisions
1052 to changes made by the act; repealing s. 447.04, F.S.,
1053 relating to licensure and permit requirements for
1054 business agents; repealing s. 447.041, F.S., relating
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1055 to hearings for persons or labor organizations denied
1056 licensure as a business agent; repealing s. 447.045,
1057 F.S., relating to confidential information obtained
1058 during the application process; repealing s. 447.06,
1059 F.S., relating to required registration of labor
1060 organizations; amending s. 447.09, F.S.; deleting
1061 certain prohibited actions relating to the right of
1062 franchise of a member of a labor organization;
1063 repealing s. 447.12, F.S., relating to registration
1064 fees; repealing s. 447.16, F.S., relating to
1065 applicability; amending s. 447.305, F.S.; deleting a
1066 provision that requires notification of registrations
1067 and renewals to the Department of Business and
1068 Professional Regulation; amending s. 455.213, F.S.;
1069 requiring the department or a board to enter into
1070 reciprocal licensing agreements with other states
1071 under certain circumstances; providing requirements;
1072 amending s. 456.072, F.S.; specifying that the failure
1073 to repay certain student loans is not considered a
1074 failure to perform a statutory or legal obligation for
1075 which certain disciplinary action can be taken;
1076 conforming provisions to changes made by the act;
1077 repealing s. 456.0721, F.S., relating to health care
1078 practitioners who are in default on student loan or
1079 scholarship obligations; amending s. 456.074, F.S.;
1080 deleting a provision relating to the suspension of a
1081 license issued by the Department of Health for
1082 defaulting on certain student loans; amending s.
1083 468.385, F.S.; revising requirements relating to
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1084 businesses auctioning or offering to auction property
1085 in this state; amending s. 468.603, F.S.; revising
1086 which inspectors are included in the definition of the
1087 term “categories of building code inspectors”;
1088 amending s. 468.613, F.S.; providing for waiver of
1089 specified requirements for certification under certain
1090 circumstances; amending s. 468.8314, F.S.; requiring
1091 an applicant for a license by endorsement to maintain
1092 a specified insurance policy; requiring the department
1093 to certify an applicant who holds a specified license
1094 issued by another state or territory of the United
1095 States under certain circumstances; amending s.
1096 471.015, F.S.; revising licensure requirements for
1097 engineers who hold specified licenses in another
1098 state; amending s. 473.308, F.S.; deleting continuing
1099 education requirements for license by endorsement for
1100 certified public accountants; amending s. 474.202,
1101 F.S.; revising the definition of the term “limited-
1102 service veterinary medical practice” to include
1103 certain procedures; amending s. 474.207, F.S.;
1104 revising education requirements for licensure by
1105 examination; amending s. 474.217, F.S.; requiring the
1106 department to issue a license by endorsement to
1107 certain applicants who successfully complete a
1108 specified examination; amending s. 476.114, F.S.;
1109 revising training requirements for licensure as a
1110 barber; amending s. 476.144, F.S.; requiring the
1111 department to certify as qualified for licensure by
1112 endorsement an applicant who is licensed to practice
Page 39 of 41
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì8657246Î865724
1113 barbering in another state; amending s. 477.013, F.S.;
1114 revising the definition of the term “hair braiding”;
1115 repealing s. 477.0132, F.S., relating to registration
1116 for hair braiding, hair wrapping, and body wrapping;
1117 amending s. 477.0135, F.S.; providing additional
1118 exemptions from license or registration requirements
1119 for specified occupations or practices; amending s.
1120 477.019, F.S.; deleting a provision prohibiting the
1121 Board of Cosmetology from asking for proof of certain
1122 educational hours under certain circumstances;
1123 revising requirements for certification of licensure
1124 by endorsement for a certain applicant to engage in
1125 the practice of cosmetology; conforming provisions to
1126 changes made by the act; amending s. 477.0201, F.S.;
1127 providing requirements for registration as a
1128 specialist; amending s. 477.026, F.S.; conforming
1129 provisions to changes made by the act; amending s.
1130 477.0263, F.S.; providing that certain cosmetology
1131 services may be performed in a location other than a
1132 licensed salon under certain circumstances; amending
1133 ss. 477.0265 and 477.029, F.S.; conforming provisions
1134 to changes made by the act; amending s. 481.201, F.S.;
1135 deleting legislative findings relating to the practice
1136 of interior design; amending s. 481.203, F.S.;
1137 revising and deleting definitions; amending s.
1138 481.205, F.S.; conforming provisions to changes made
1139 by the act; amending s. 481.207, F.S.; revising
1140 certain fees for interior designers; conforming
1141 provisions to changes made by the act; amending s.
Page 40 of 41
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì8657246Î865724
1142 481.209, F.S.; providing requirements for a
1143 certificate of registration and a seal for interior
1144 designers; conforming provisions to changes made by
1145 the act; amending s. 481.213, F.S.; revising
1146 requirements for certification of licensure by
1147 endorsement for a certain licensee to engage in the
1148 practice of architecture; providing that a
1149 registration is not required for specified persons to
1150 practice; conforming provisions to changes made by the
1151 act; amending s. 481.2131, F.S.; requiring certain
1152 interior designers to include a specified seal when
1153 submitting documents for the issuance of a building
1154 permit; amending s. 481.215, F.S.; conforming
1155 provisions to changes made by the act; revising the
1156 number of hours of specified courses the board must
1157 require for the renewal of a license or certificate of
1158 registration; authoring licensees to complete certain
1159 courses online; amending s. 481.217, F.S.; conforming
Page 41 of 41
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì538138;Î538138
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Albritton) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 863 - 894
4 and insert:
5 481.207 Fees.—The board, by rule, may establish separate
6 fees for architects and registered interior designers, to be
7 paid for applications, examination, reexamination, licensing and
8 renewal, delinquency, reinstatement, and recordmaking and
9 recordkeeping. The examination fee shall be in an amount that
10 covers the cost of obtaining and administering the examination
Page 1 of 2
2/3/2020 8:11:17 AM 577-02910-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì538138;Î538138
11 and shall be refunded if the applicant is found ineligible to
12 sit for the examination. The application fee is nonrefundable.
13 The fee for initial application and examination for architects
14 and interior designers may not exceed $775 plus the actual per
15 applicant cost to the department for purchase of the examination
16 from the National Council of Architectural Registration Boards
17 or the National Council of Interior Design Qualifications,
18 respectively, or similar national organizations. The initial
19 nonrefundable fee for registered interior designers may not
20 exceed $75. The biennial renewal fee for architects may not
21 exceed $200. The biennial renewal fee for registered interior
22 designers may not exceed $75 $500. The delinquency fee may not
23 exceed the biennial renewal fee established by the board for an
24 active license. The board shall establish fees that are adequate
25 to ensure the continued operation of the board and to fund the
26 proportionate expenses incurred by the department which are
27 allocated to the regulation of architects and registered
28 interior designers. Fees shall be based on department estimates
29 of the revenue required to implement this part and the
30 provisions of law with respect to the regulation of architects
31 and interior designers.
32
33 ================= T I T L E A M E N D M E N T ================
34 And the title is amended as follows:
35 Delete lines 108 - 113
36 and insert:
37 by the act; amending s. 481.207, F.S.; revising
38 certain fees for interior designers; conforming
39 provisions to
Page 2 of 2
2/3/2020 8:11:17 AM 577-02910-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì510452xÎ510452
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Albritton) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1080 - 1085
4 and insert:
5 (5) For architects, the board shall require, by rule
6 adopted pursuant to ss. 120.536(1) and 120.54, 2 a specified
7 number of hours in specialized or advanced courses, approved by
8 the Florida Building Commission, on any portion of the Florida
9 Building Code, adopted pursuant to part IV of chapter 553,
10 relating to the licensee’s respective area of practice. Such
Page 1 of 2
2/3/2020 8:05:22 AM 577-02927-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì510452xÎ510452
11 hours count towards the continuing education hours required
12 under subsection (3). A licensee may complete the courses
13 required under this subsection online.
14
15 ================= T I T L E A M E N D M E N T ================
16 And the title is amended as follows:
17 Delete lines 128 - 130
18 and insert:
19 by the act; revising the number of hours of specified
20 courses the board must require for the renewal of a
21 license or certificate of registration; authoring
22 licensees to complete certain courses online; amending
23 s. 481.217, F.S.; conforming
Page 2 of 2
2/3/2020 8:05:22 AM 577-02927-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì867106&Î867106
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Albritton) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 1605 and 1606
4 insert:
5 Section 56. Subsection (4) of section 481.313, Florida
6 Statutes, is amended to read:
7 481.313 Renewal of license.—
8 (4) The board, by rule adopted pursuant to ss. 120.536(1)
9 and 120.54, shall establish criteria for the approval of
10 continuing education courses and providers, and shall by rule
Page 1 of 2
2/3/2020 8:08:46 AM 577-02913-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì867106&Î867106
11 establish criteria for accepting alternative nonclassroom
12 continuing education on an hour-for-hour basis. A landscape
13 architect shall receive hour-for-hour credit for attending
14 continuing education courses approved by the Landscape
15 Architecture Continuing Education System or another nationally
16 recognized clearinghouse for continuing education that relate to
17 and increase his or her basic knowledge of landscape
18 architecture, as determined by the board, if the landscape
19 architect submits proof satisfactory to the board that such
20 course was approved by the Landscape Architecture Continuing
21 Education System or another nationally recognized clearinghouse
22 for continuing education, along with the syllabus or outline for
23 such course and proof of course attendance.
24
25 ================= T I T L E A M E N D M E N T ================
26 And the title is amended as follows:
27 Between lines 159 and 160
28 insert:
29 481.313, F.S.; authorizing a landscape architect to
30 receive hour-for-hour credit for certain approved
31 continuing education courses under certain
32 circumstances; amending s.
Page 2 of 2
2/3/2020 8:08:46 AM 577-02913-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì569536HÎ569536
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Albritton) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1853 - 1878
4 and insert:
5 license was last active. Within 30 days after receiving a
6 license, the licensee must complete a board-approved 4-hour
7 continuing education course on the Florida Building Code and a
8 1-hour course on the laws and rules of this state relating to
9 contracting. The required courses may be completed online.
10 Section 63. Subsection (5) of section 489.511, Florida
Page 1 of 3
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì569536HÎ569536
11 Statutes, is amended to read:
12 489.511 Certification; application; examinations;
13 endorsement.—
14 (5) The board shall certify as qualified for certification
15 by endorsement any individual applying for certification who:
16 (a) Meets the requirements for certification as set forth
17 in this section; has passed a national, regional, state, or
18 United States territorial licensing examination that is
19 substantially equivalent to the examination required by this
20 part; and has satisfied the requirements set forth in s.
21 489.521; or
22 (b) Holds a valid license to practice electrical or alarm
23 system contracting issued by another state or territory of the
24 United States, if the criteria for issuance of such license was
25 substantially equivalent to the certification criteria that
26 existed in this state at the time the certificate was issued; or
27 (c) Has held a valid, current license to practice
28 electrical or alarm system contracting issued by another state
29 or territory of the United States for at least 10 years before
30 the date of application and is applying for the same or similar
31 license in this state, subject to ss. 489.510 and 489.521(3)(a),
32 and subparagraph (1)(b)1. Such application must be made either
33 when the license in another state or territory is active or
34 within 2 years after such license was last active. Within 30
35 days after receiving a license, the licensee must complete a
36 board-approved 4-hour continuing education course on the Florida
37 Building Code and a 1-hour course on the laws and rules of this
38 state relating to electrical and alarm system contracting. The
39 required courses may be completed online.
Page 2 of 3
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì569536HÎ569536
40
41 ================= T I T L E A M E N D M E N T ================
42 And the title is amended as follows:
43 Delete lines 176 - 181
44 and insert:
45 circumstances; requiring such applicant to complete
46 certain training by a specified time after receiving a
47 license; amending s. 489.511, F.S.; requiring the
48 board to certify as qualified for certification by
49 endorsement any applicant who holds a specified
50 license to practice electrical or alarm system
51 contracting issued by another state or territory of
52 the United States under certain circumstances;
53 requiring such applicant to complete certain training
54 by a specified time after receiving a license;
Page 3 of 3
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì751274,Î751274
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Albritton) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1883 - 1899
4 and insert:
5 (3)(a) Each certificateholder or registrant licensed as a
6 specialty contractor or an alarm system contractor shall provide
7 proof, in a form established by rule of the board, that the
8 certificateholder or registrant has completed at least 7 14
9 classroom hours of at least 50 minutes each of continuing
10 education courses during each biennium since the issuance or
Page 1 of 3
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì751274,Î751274
11 renewal of the certificate or registration. The board shall by
12 rule establish criteria for the approval of continuing education
13 courses and providers and may by rule establish criteria for
14 accepting alternative nonclassroom continuing education on an
15 hour-for-hour basis.
16 (b) Each certificateholder or registrant licensed as an
17 electrical contractor shall provide proof, in a form established
18 by rule of the board, that the certificateholder or registrant
19 has completed at least 11 classroom hours of at least 50 minutes
20 each of continuing education courses during each biennium since
21 the issuance or renewal of the certificate or registration. The
22 board shall by rule establish criteria for the approval of
23 continuing education courses and providers and may by rule
24 establish criteria for accepting alternative nonclassroom
25 continuing education on an hour-for-hour basis.
26 (4)
27 (b)1. For licensed specialty contractors or alarm system
28 contractors, of the 7 14 classroom hours of continuing education
29 required, at least 1 hour 7 hours must be on technical subjects,
30 1 hour on workers’ compensation, 1 hour on workplace safety, 1
31 hour on business practices, and for alarm system contractors and
32 electrical contractors engaged in alarm system contracting, 2
33 hours on false alarm prevention.
34 2. For licensed electrical contractors, of the minimum 11
35 classroom hours of continuing education required, at least 7
36 hours must be on technical subjects, 1 hour on workers’
37 compensation, 1 hour on workplace safety, and 1 hour on business
38 practices. Electrical contractors engaged in alarm system
39 contracting must also complete 2 hours on false alarm
Page 2 of 3
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì751274,Î751274
40 prevention.
41
42 ================= T I T L E A M E N D M E N T ================
43 And the title is amended as follows:
44 Delete line 184
45 and insert:
46 certain contractors; amending s. 489.518, F.S.;
Page 3 of 3
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì891252ÊÎ891252
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Albritton) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1932 - 1943
4 and insert:
5 licenses, registrations, permits, and fees is preempted to the
6 state. A municipality, county, or other local governmental
7 entity may not require a separate license, registration, or
8 permit other than the license required under s. 509.241, or
9 require the payment of any license, registration, or permit fee
10 other than the fee required under s. 509.251, as a condition for
Page 1 of 2
2/3/2020 8:04:50 AM 577-02803A-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì891252ÊÎ891252
11 the operation of a mobile food dispensing vehicle within the
12 entity’s jurisdiction. A municipality, county, or other local
13 governmental entity may not prohibit mobile food dispensing
14 vehicles from operating within the entirety of the entity’s
15 jurisdiction.
16 (3) This section may not be construed to affect a
17 municipality, county, or other local governmental entity’s
18 authority to regulate the operation of mobile food dispensing
19 vehicles other than the regulations described in subsection (2).
20
21 ================= T I T L E A M E N D M E N T ================
22 And the title is amended as follows:
23 Delete lines 188 - 190
24 and insert:
25 s. 509.102; defining the term “mobile food dispensing
26 vehicle”; preempting certain regulation of mobile food
27 dispensing vehicles to the state; prohibiting certain
28 entities from prohibiting mobile food dispensing
29 vehicles from operating within the entirety of such
30 entities’ jurisdictions; providing construction;
31 amending s. 548.003,
Page 2 of 2
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì688848gÎ688848
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Albritton) recommended
the following:
1 Senate Amendment
2
3 Delete lines 2000 - 2114
4 and insert:
5 is composed of 15 27 members, consisting of the following
6 members:
7 (a) One architect licensed pursuant to chapter 481 with at
8 least 5 years of experience in the design and construction of
9 buildings designated for Group E or Group I occupancies by the
10 Florida Building Code registered to practice in this state and
Page 1 of 5
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì688848gÎ688848
11 actively engaged in the profession. The American Institute of
12 Architects, Florida Section, is encouraged to recommend a list
13 of candidates for consideration.
14 (b) One structural engineer registered to practice in this
15 state and actively engaged in the profession. The Florida
16 Engineering Society is encouraged to recommend a list of
17 candidates for consideration.
18 (c) One air-conditioning contractor, or mechanical
19 contractor, or mechanical engineer certified to do business in
20 this state and actively engaged in the profession. The Florida
21 Air Conditioning Contractors Association, the Florida
22 Refrigeration and Air Conditioning Contractors Association, and
23 the Mechanical Contractors Association of Florida, and the
24 Florida Engineering Society are encouraged to recommend a list
25 of candidates for consideration.
26 (d) One electrical contractor or electrical engineer
27 certified to do business in this state and actively engaged in
28 the profession. The Florida Association of Electrical
29 Contractors, and the National Electrical Contractors
30 Association, Florida Chapter, and the Florida Engineering
31 Society are encouraged to recommend a list of candidates for
32 consideration.
33 (e) One member from fire protection engineering or
34 technology who is actively engaged in the profession. The
35 Florida Chapter of the Society of Fire Protection Engineers and
36 the Florida Fire Marshals and Inspectors Association are
37 encouraged to recommend a list of candidates for consideration.
38 (f) One certified general contractor or one certified
39 building contractor certified to do business in this state and
Page 2 of 5
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì688848gÎ688848
40 actively engaged in the profession. The Associated Builders and
41 Contractors of Florida, the Florida Associated General
42 Contractors Council, the Florida Home Builders Association, and
43 the Union Contractors Association are encouraged to recommend a
44 list of candidates for consideration.
45 (g) One plumbing contractor licensed to do business in this
46 state and actively engaged in the profession. The Florida
47 Association of Plumbing, Heating, and Cooling Contractors is
48 encouraged to recommend a list of candidates for consideration.
49 (h) One roofing or sheet metal contractor certified to do
50 business in this state and actively engaged in the profession.
51 The Florida Roofing, Sheet Metal, and Air Conditioning
52 Contractors Association and the Sheet Metal and Air Conditioning
53 Contractors’ National Association are encouraged to recommend a
54 list of candidates for consideration.
55 (i) One certified residential contractor licensed to do
56 business in this state and actively engaged in the profession.
57 The Florida Home Builders Association is encouraged to recommend
58 a list of candidates for consideration.
59 (j) One member who is a Three members who are municipal or
60 district codes enforcement official officials, one of whom is
61 also a fire official. The Building Officials Association of
62 Florida and the Florida Fire Marshals and Inspectors Association
63 are encouraged to recommend a list of candidates for
64 consideration.
65 (k) One member who represents the Department of Financial
66 Services.
67 (l) One member who is a county codes enforcement official.
68 The Building Officials Association of Florida is encouraged to
Page 3 of 5
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì688848gÎ688848
69 recommend a list of candidates for consideration.
70 (m) One member of a Florida-based organization of persons
71 with disabilities or a nationally chartered organization of
72 persons with disabilities with chapters in this state which
73 complies with or is certified to be compliant with the
74 requirements of the Americans with Disability Act of 1990, as
75 amended.
76 (n) One member of the manufactured buildings industry who
77 is licensed to do business in this state and is actively engaged
78 in the industry. The Florida Manufactured Housing Association is
79 encouraged to recommend a list of candidates for consideration.
80 (o) One mechanical or electrical engineer registered to
81 practice in this state and actively engaged in the profession.
82 The Florida Engineering Society is encouraged to recommend a
83 list of candidates for consideration.
84 (p) One member who is a representative of a municipality or
85 a charter county. The Florida League of Cities and the Florida
86 Association of Counties are encouraged to recommend a list of
87 candidates for consideration.
88 (q) One member of the building products manufacturing
89 industry who is authorized to do business in this state and is
90 actively engaged in the industry. The Florida Building Material
91 Association, the Florida Concrete and Products Association, and
92 the Fenestration Manufacturers Association are encouraged to
93 recommend a list of candidates for consideration.
94 (r) One member who is a representative of the building
95 owners and managers industry who is actively engaged in
96 commercial building ownership or management. The Building Owners
97 and Managers Association is encouraged to recommend a list of
Page 4 of 5
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì688848gÎ688848
98 candidates for consideration.
99 (o)(s) One member who is a representative of the insurance
100 industry. The Florida Insurance Council is encouraged to
101 recommend a list of candidates for consideration.
102 (t) One member who is a representative of public education.
103 (u) One member who is a swimming pool contractor licensed
104 to do business in this state and actively engaged in the
105 profession. The Florida Swimming Pool Association and the United
106 Pool and Spa Association are encouraged to recommend a list of
107 candidates for consideration.
108 (v) One member who is a representative of the green
109 building industry and who is a third-party commission agent, a
110 Florida board member of the United States Green Building Council
111 or Green Building Initiative, a professional who is accredited
112 under the International Green Construction Code (IGCC), or a
113 professional who is accredited under Leadership in Energy and
114 Environmental Design (LEED).
115 (w) One member who is a representative of a natural gas
116 distribution system and who is actively engaged in the
117 distribution of natural gas in this state. The Florida Natural
118 Gas Association is encouraged to recommend a list of candidates
119 for consideration.
Page 5 of 5
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Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì782978iÎ782978
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Albritton) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 2119 and 2120
4 insert:
5 Section 71. Subsection (5) is added to section 823.15,
6 Florida Statutes, to read:
7 823.15 Dogs and cats released from animal shelters or
8 animal control agencies; sterilization requirement.—
9 (5) Employees, agents, or contractors of a public or
10 private animal shelter, a humane organization, or an animal
Page 1 of 2
2/3/2020 8:06:17 AM 577-02877-20
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 474
Ì782978iÎ782978
11 control agency operated by a humane organization or by a county,
12 municipality, or other incorporated political subdivision may
13 implant dogs and cats with radio frequency identification
14 microchips as part of their work with such public or private
15 animal shelter, humane organization, or animal control agency.
16
17 ================= T I T L E A M E N D M E N T ================
18 And the title is amended as follows:
19 Between lines 198 and 199
20 insert:
21 amending s. 823.15, F.S.; authorizing certain persons
22 to implant dogs and cats with specified microchips
23 under certain circumstances;
Page 2 of 2
2/3/2020 8:06:17 AM 577-02877-20
Florida Senate - 2020 CS for SB 474 Florida Senate - 2020 CS for SB 474
By the Committee on Innovation, Industry, and Technology; and
Senator Albritton
580-02430-20 2020474c1 580-02430-20 2020474c1
1 A bill to be entitled 30 certain prohibited actions relating to the right of
2 An act relating to the deregulation of professions and 31 franchise of a member of a labor organization;
3 occupations; providing a short title; amending s. 32 repealing s. 447.12, F.S., relating to registration
4 20.165, F.S.; renaming the Board of Architecture and 33 fees; repealing s. 447.16, F.S., relating to
5 Interior Design as the Board of Architecture within 34 applicability; amending s. 447.305, F.S.; deleting a
6 the Department of Business and Professional 35 provision that requires notification of registrations
7 Regulation; amending s. 322.57, F.S.; defining the 36 and renewals to the Department of Business and
8 term “servicemember”; requiring the Department of 37 Professional Regulation; amending s. 455.213, F.S.;
9 Highway Safety and Motor Vehicles to waive the 38 requiring the department or a board to enter into
10 requirement to pass the Commercial Driver License 39 reciprocal licensing agreements with other states
11 Skills Tests for certain servicemembers and veterans; 40 under certain circumstances; providing requirements;
12 requiring an applicant who receives such waiver to 41 amending s. 456.072, F.S.; specifying that the failure
13 complete certain requirements within a specified time; 42 to repay certain student loans is not considered a
14 requiring the department to adopt rules; amending s. 43 failure to perform a statutory or legal obligation for
15 326.004, F.S.; deleting the requirement that a yacht 44 which certain disciplinary action can be taken;
16 broker maintain a separate license for each branch 45 conforming provisions to changes made by the act;
17 office; deleting the requirement that the Division of 46 repealing s. 456.0721, F.S., relating to health care
18 Florida Condominiums, Timeshares, and Mobile Homes 47 practitioners who are in default on student loan or
19 establish a fee; amending s. 447.02, F.S.; conforming 48 scholarship obligations; amending s. 456.074, F.S.;
20 provisions to changes made by the act; repealing s. 49 deleting a provision relating to the suspension of a
21 447.04, F.S., relating to licensure and permit 50 license issued by the Department of Health for
22 requirements for business agents; repealing s. 51 defaulting on certain student loans; amending s.
23 447.041, F.S., relating to hearings for persons or 52 468.385, F.S.; revising requirements relating to
24 labor organizations denied licensure as a business 53 businesses auctioning or offering to auction property
25 agent; repealing s. 447.045, F.S., relating to 54 in this state; amending s. 468.603, F.S.; revising
26 confidential information obtained during the 55 which inspectors are included in the definition of the
27 application process; repealing s. 447.06, F.S., 56 term “categories of building code inspectors”;
28 relating to required registration of labor 57 amending s. 468.613, F.S.; providing for waiver of
29 organizations; amending s. 447.09, F.S.; deleting 58 specified requirements for certification under certain
Page 1 of 75 Page 2 of 75
CODING: Words stricken are deletions; words underlined are additions. CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2020 CS for SB 474 Florida Senate - 2020 CS for SB 474
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59 circumstances; amending s. 468.8314, F.S.; requiring 88 for specified occupations or practices; amending s.
60 an applicant for a license by endorsement to maintain 89 477.019, F.S.; deleting a provision prohibiting the
61 a specified insurance policy; requiring the department 90 Board of Cosmetology from asking for proof of certain
62 to certify an applicant who holds a specified license 91 educational hours under certain circumstances;
63 issued by another state or territory of the United 92 revising requirements for certification of licensure
64 States under certain circumstances; amending s. 93 by endorsement for a certain applicant to engage in
65 471.015, F.S.; revising licensure requirements for 94 the practice of cosmetology; conforming provisions to
66 engineers who hold specified licenses in another 95 changes made by the act; amending s. 477.0201, F.S.;
67 state; amending s. 473.308, F.S.; deleting continuing 96 providing requirements for registration as a
68 education requirements for license by endorsement for 97 specialist; amending s. 477.026, F.S.; conforming
69 certified public accountants; amending s. 474.202, 98 provisions to changes made by the act; amending s.
70 F.S.; revising the definition of the term “limited- 99 477.0263, F.S.; providing that certain cosmetology
71 service veterinary medical practice” to include 100 services may be performed in a location other than a
72 certain procedures; amending s. 474.207, F.S.; 101 licensed salon under certain circumstances; amending
73 revising education requirements for licensure by 102 ss. 477.0265 and 477.029, F.S.; conforming provisions
74 examination; amending s. 474.217, F.S.; requiring the 103 to changes made by the act; amending s. 481.201, F.S.;
75 department to issue a license by endorsement to 104 deleting legislative findings relating to the practice
76 certain applicants who successfully complete a 105 of interior design; amending s. 481.203, F.S.;
77 specified examination; amending s. 476.114, F.S.; 106 revising and deleting definitions; amending s.
78 revising training requirements for licensure as a 107 481.205, F.S.; conforming provisions to changes made
79 barber; amending s. 476.144, F.S.; requiring the 108 by the act; amending s. 481.207, F.S.; authorizing the
80 department to certify as qualified for licensure by 109 board to establish certain fees for certificates of
81 endorsement an applicant who is licensed to practice 110 registration for interior designers; specifying that
82 barbering in another state; amending s. 477.013, F.S.; 111 such registration is valid for a specified period of
83 revising the definition of the term “hair braiding”; 112 time; authorizing registered interior designers to
84 repealing s. 477.0132, F.S., relating to registration 113 renew such registration; conforming provisions to
85 for hair braiding, hair wrapping, and body wrapping; 114 changes made by the act; amending s. 481.209, F.S.;
86 amending s. 477.0135, F.S.; providing additional 115 providing requirements for a certificate of
87 exemptions from license or registration requirements 116 registration and a seal for interior designers;
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117 conforming provisions to changes made by the act; 146 the act; amending s. 481.2251, F.S.; revising the acts
118 amending s. 481.213, F.S.; revising requirements for 147 that constitute grounds for disciplinary actions
119 certification of licensure by endorsement for a 148 relating to interior designers; conforming provisions
120 certain licensee to engage in the practice of 149 to changes made by the act; amending ss. 481.229 and
121 architecture; providing that a registration is not 150 481.231, F.S.; conforming provisions to changes made
122 required for specified persons to practice; conforming 151 by the act; amending s. 481.303, F.S.; deleting the
123 provisions to changes made by the act; amending s. 152 definition of the term “certificate of authorization”;
124 481.2131, F.S.; requiring certain interior designers 153 amending s. 481.310, F.S.; providing that an applicant
125 to include a specified seal when submitting documents 154 who holds certain degrees is not required to
126 for the issuance of a building permit; amending s. 155 demonstrate 1 year of practical experience for
127 481.215, F.S.; conforming provisions to changes made 156 licensure; amending s. 481.311, F.S.; revising
128 by the act; deleting a provision requiring a specified 157 requirements for certification of licensure by
129 number of hours in certain courses for the renewal of 158 endorsement for a certain applicant to engage in the
130 a license; amending s. 481.217, F.S.; conforming 159 practice of landscape architecture; amending s.
131 provisions to changes made by the act; amending s. 160 481.317, F.S.; conforming provisions to changes made
132 481.219, F.S.; deleting provisions permitting the 161 by the act; amending s. 481.319, F.S.; deleting the
133 practice of or offer to practice interior design 162 requirement for a certificate of authorization;
134 through certain business organizations; deleting 163 authorizing landscape architects to practice in the
135 provisions requiring certificates of authorization for 164 name of a corporation or partnership; amending s.
136 certain business organizations offering interior 165 481.321, F.S.; requiring a landscape architect to
137 design services to the public; requiring a licensee or 166 display a certain certificate number in specified
138 applicant in the practice of architecture to qualify 167 advertisements; amending s. 481.329, F.S.; conforming
139 as a business organization; providing requirements; 168 a cross-reference; amending s. 489.103, F.S.; revising
140 amending s. 481.221, F.S.; conforming provisions to 169 certain contract prices for exemption; amending s.
141 changes made by the act; requiring registered 170 489.111, F.S.; revising provisions relating to
142 architects and certain business organizations to 171 eligibility for licensure; amending s. 489.115, F.S.;
143 display certain license numbers in specified 172 requiring the Construction Industry Licensing Board to
144 advertisements; amending s. 481.223, F.S.; providing 173 certify any applicant who holds a specified license to
145 construction; conforming provisions to changes made by 174 practice contracting issued by another state or
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175 territory of the United States under certain 204
176 circumstances; amending s. 489.511, F.S.; requiring 205 Section 1. This act may be cited as the “Occupational
177 the board to certify as qualified for certification by 206 Freedom and Opportunity Act.”
178 endorsement any applicant who holds a specified 207 Section 2. Paragraph (a) of subsection (4) of section
179 license to practice electrical or alarm system 208 20.165, Florida Statutes, is amended to read:
180 contracting issued by another state or territory of 209 20.165 Department of Business and Professional Regulation.—
181 the United States under certain circumstances; 210 There is created a Department of Business and Professional
182 amending s. 489.517, F.S.; providing a reduction in 211 Regulation.
183 certain continuing education hours required for 212 (4)(a) The following boards and programs are established
184 registered contractors; amending s. 489.518, F.S.; 213 within the Division of Professions:
185 requiring a person to have completed a specified 214 1. Board of Architecture and Interior Design, created under
186 amount of training within a certain time period to 215 part I of chapter 481.
187 perform the duties of an alarm system agent; creating 216 2. Florida Board of Auctioneers, created under part VI of
188 s. 509.102; preempting the regulation of mobile food 217 chapter 468.
189 dispensing vehicles to the state; defining the term 218 3. Barbers’ Board, created under chapter 476.
190 mobile food dispensing vehicle; amending s. 548.003, 219 4. Florida Building Code Administrators and Inspectors
191 F.S.; deleting the requirement that the Florida State 220 Board, created under part XII of chapter 468.
192 Boxing Commission adopt rules relating to a knockdown 221 5. Construction Industry Licensing Board, created under
193 timekeeper; amending s. 548.017, F.S.; deleting the 222 part I of chapter 489.
194 licensure requirement for a timekeeper or an 223 6. Board of Cosmetology, created under chapter 477.
195 announcer; amending s. 553.5141, F.S.; conforming 224 7. Electrical Contractors’ Licensing Board, created under
196 provisions to changes made by the act; amending s. 225 part II of chapter 489.
197 553.74, F.S.; revising the membership and 226 8. Board of Employee Leasing Companies, created under part
198 qualifications of the Florida Building Commission; 227 XI of chapter 468.
199 amending ss. 558.002, 559.25, and 287.055, F.S.; 228 9. Board of Landscape Architecture, created under part II
200 conforming provisions to changes made by the act; 229 of chapter 481.
201 providing effective dates. 230 10. Board of Pilot Commissioners, created under chapter
202 231 310.
203 Be It Enacted by the Legislature of the State of Florida: 232 11. Board of Professional Engineers, created under chapter
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233 471. 262 Administration; and
234 12. Board of Professional Geologists, created under chapter 263 4. The applicant has at least 2 years of experience in the
235 492. 264 military driving vehicles that would require a commercial driver
236 13. Board of Veterinary Medicine, created under chapter 265 license to operate.
237 474. 266 (c) An applicant must complete every other requirement for
238 14. Home inspection services licensing program, created 267 a commercial driver license within 1 year of receiving a waiver
239 under part XV of chapter 468. 268 under paragraph (b) or the waiver is invalid.
240 15. Mold-related services licensing program, created under 269 (d)The department shall adopt rules to administer this
241 part XVI of chapter 468. 270 subsection.
242 Section 3. Present subsection (4) of section 322.57, 271 Section 4. Subsection (13) of section 326.004, Florida
243 Florida Statutes, is redesignated as subsection (5), and a new 272 Statutes, is amended to read:
244 subsection (4) is added to that section, to read 273 326.004 Licensing.—
245 322.57 Tests of knowledge concerning specified vehicles; 274 (13) Each broker must maintain a principal place of
246 endorsement; nonresidents; violations.— 275 business in this state and may establish branch offices in the
247 (4)(a) As used in this subsection, the term “servicemember” 276 state. A separate license must be maintained for each branch
248 means a member of any branch of the United States military or 277 office. The division shall establish by rule a fee not to exceed
249 military reserves, the United States Coast Guard or its 278 $100 for each branch office license.
250 reserves, the Florida National Guard, or the Florida Air 279 Section 5. Subsection (3) of section 447.02, Florida
251 National Guard. 280 Statutes, is amended to read:
252 (b) The department shall waive the requirement to pass the 281 447.02 Definitions.—The following terms, when used in this
253 Commercial Driver License Skills Tests for servicemembers and 282 chapter, shall have the meanings ascribed to them in this
254 veterans if: 283 section:
255 1. The applicant has been honorably discharged from 284 (3) The term “department” means the Department of Business
256 military service within 1 year of the application, if the 285 and Professional Regulation.
257 applicant is a veteran; 286 Section 6. Section 447.04, Florida Statutes, is repealed.
258 2. The applicant is trained as an MOS 88M Army Motor 287 Section 7. Section 447.041, Florida Statutes, is repealed.
259 Transport Operator or similar military job specialty; 288 Section 8. Section 447.045, Florida Statutes, is repealed.
260 3. The applicant has received training to operate large 289 Section 9. Section 447.06, Florida Statutes, is repealed.
261 trucks in compliance with the Federal Motor Carrier Safety 290 Section 10. Subsections (6) and (8) of section 447.09,
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291 Florida Statutes, are amended to read: 320 456.072, Florida Statutes, is amended to read:
292 447.09 Right of franchise preserved; penalties.—It shall be 321 456.072 Grounds for discipline; penalties; enforcement.—
293 unlawful for any person: 322 (1) The following acts shall constitute grounds for which
294 (6) To act as a business agent without having obtained and 323 the disciplinary actions specified in subsection (2) may be
295 possessing a valid and subsisting license or permit. 324 taken:
296 (8) To make any false statement in an application for a 325 (k) Failing to perform any statutory or legal obligation
297 license. 326 placed upon a licensee. For purposes of this section, failing to
298 Section 11. Section 447.12, Florida Statutes, is repealed. 327 repay a student loan issued or guaranteed by the state or the
299 Section 12. Section 447.16, Florida Statutes, is repealed. 328 Federal Government in accordance with the terms of the loan is
300 Section 13. Subsection (4) of section 447.305, Florida 329 not or failing to comply with service scholarship obligations
301 Statutes, is amended to read: 330 shall be considered a failure to perform a statutory or legal
302 447.305 Registration of employee organization.— 331 obligation, and the minimum disciplinary action imposed shall be
303 (4) Notification of registrations and renewals of 332 a suspension of the license until new payment terms are agreed
304 registration shall be furnished at regular intervals by the 333 upon or the scholarship obligation is resumed, followed by
305 commission to the Department of Business and Professional 334 probation for the duration of the student loan or remaining
306 Regulation. 335 scholarship obligation period, and a fine equal to 10 percent of
307 Section 14. Subsection (14) is added to section 455.213, 336 the defaulted loan amount. Fines collected shall be deposited
308 Florida Statutes, to read: 337 into the Medical Quality Assurance Trust Fund.
309 455.213 General licensing provisions.— 338 Section 16. Section 456.0721, Florida Statutes, is
310 (14) The department or a board must enter into a reciprocal 339 repealed.
311 licensing agreement with other states if the practice act within 340 Section 17. Subsection (4) of section 456.074, Florida
312 the purview of this chapter permits such agreement. If a 341 Statutes, is amended to read:
313 reciprocal licensing agreement exists or if the department or 342 456.074 Certain health care practitioners; immediate
314 board has determined another state’s licensing requirements or 343 suspension of license.—
315 examinations to be substantially equivalent or more stringent to 344 (4) Upon receipt of information that a Florida-licensed
316 those under the practice act, the department or board must post 345 health care practitioner has defaulted on a student loan issued
317 on its website which jurisdictions have such reciprocal 346 or guaranteed by the state or the Federal Government, the
318 licensing agreements or substantially similar licenses. 347 department shall notify the licensee by certified mail that he
319 Section 15. Paragraph (k) of subsection (1) of section 348 or she shall be subject to immediate suspension of license
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349 unless, within 45 days after the date of mailing, the licensee 378 two habitable stories above no more than one uninhabitable story
350 provides proof that new payment terms have been agreed upon by 379 and accessory use structures in connection therewith one and two
351 all parties to the loan. The department shall issue an emergency 380 family dwellings and accessory structures are constructed in
352 order suspending the license of any licensee who, after 45 days 381 accordance with the provisions of the governing building,
353 following the date of mailing from the department, has failed to 382 plumbing, mechanical, accessibility, and electrical codes.
354 provide such proof. Production of such proof shall not prohibit 383 Section 20. Section 468.613, Florida Statutes, is amended
355 the department from proceeding with disciplinary action against 384 to read:
356 the licensee pursuant to s. 456.073. 385 468.613 Certification by endorsement.—The board shall
357 Section 18. Paragraph (b) of subsection (7) of section 386 examine other certification or training programs, as applicable,
358 468.385, Florida Statutes, is amended to read: 387 upon submission to the board for its consideration of an
359 468.385 Licenses required; qualifications; examination.— 388 application for certification by endorsement. The board shall
360 (7) 389 waive its examination, qualification, education, or training
361 (b) A No business may not shall auction or offer to auction 390 requirements, to the extent that such examination,
362 any property in this state unless it is owned by an auctioneer 391 qualification, education, or training requirements of the
363 who is licensed as an auction business by the department board 392 applicant are determined by the board to be comparable with
364 or is exempt from licensure under this act. Each application for 393 those established by the board. The board shall waive its
365 licensure must shall include the names of the owner and the 394 examination, qualification, education, or training requirements
366 business, the business mailing address and location, and any 395 if an applicant for certification by endorsement is at least 18
367 other information which the board may require. The owner of an 396 years of age; is of good moral character; has held a valid
368 auction business shall report to the board within 30 days of any 397 building administrator, inspector, plans examiner, or the
369 change in this required information. 398 equivalent, certification issued by another state or territory
370 Section 19. Paragraph (f) of subsection (5) of section 399 of the United States for at least 10 years before the date of
371 468.603, Florida Statutes, is amended to read: 400 application; and has successfully passed an applicable
372 468.603 Definitions.—As used in this part: 401 examination administered by the International Code Council. Such
373 (5) “Categories of building code inspectors” include the 402 application must be made either when the license in another
374 following: 403 state or territory is active or within 2 years after such
375 (f) “Residential One and two family dwelling inspector” 404 license was last active.
376 means a person who is qualified to inspect and determine that 405 Section 21. Subsection (3) of section 468.8314, Florida
377 one-family, two-family, or three-family residences not exceeding 406 Statutes, is amended to read:
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407 468.8314 Licensure.— 436 equivalent to the fundamentals examination and the principles
408 (3) The department shall certify as qualified for a license 437 and practices examination when such applicant has held a valid
409 by endorsement an applicant who is of good moral character as 438 professional engineer’s license in another state for 15 25 years
410 determined in s. 468.8313, who maintains an insurance policy as 439 and has had 30 years of continuous professional-level
411 required by s. 468.8322, and who:; 440 engineering experience.
412 (a) Holds a valid license to practice home inspection 441 Section 23. Subsection (7) of section 473.308, Florida
413 services in another state or territory of the United States, 442 Statutes, is amended to read:
414 whose educational requirements are substantially equivalent to 443 473.308 Licensure.—
415 those required by this part; and has passed a national, 444 (7) The board shall certify as qualified for a license by
416 regional, state, or territorial licensing examination that is 445 endorsement an applicant who:
417 substantially equivalent to the examination required by this 446 (a)1. Is not licensed and has not been licensed in another
418 part; or 447 state or territory and who has met the requirements of this
419 (b) Has held a valid license to practice home inspection 448 section for education, work experience, and good moral character
420 services issued by another state or territory of the United 449 and has passed a national, regional, state, or territorial
421 States for at least 10 years before the date of application. 450 licensing examination that is substantially equivalent to the
422 Such application must be made either when the license in another 451 examination required by s. 473.306; or and
423 state or territory is active or within 2 years after such 452 2. Has completed such continuing education courses as the
424 license was last active. 453 board deems appropriate, within the limits for each applicable
425 Section 22. Subsection (5) of section 471.015, Florida 454 2-year period as set forth in s. 473.312, but at least such
426 Statutes, is amended to read: 455 courses as are equivalent to the continuing education
427 471.015 Licensure.— 456 requirements for a Florida certified public accountant licensed
428 (5)(a) The board shall deem that an applicant who seeks 457 in this state during the 2 years immediately preceding her or
429 licensure by endorsement has passed an examination substantially 458 his application for licensure by endorsement; or
430 equivalent to the fundamentals examination when such applicant 459 (b)1.a. Holds a valid license to practice public accounting
431 has held a valid professional engineer’s license in another 460 issued by another state or territory of the United States, if
432 state for 10 15 years and has had 20 years of continuous 461 the criteria for issuance of such license were substantially
433 professional-level engineering experience. 462 equivalent to the licensure criteria that existed in this state
434 (b) The board shall deem that an applicant who seeks 463 at the time the license was issued;
435 licensure by endorsement has passed an examination substantially 464 2.b. Holds a valid license to practice public accounting
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465 issued by another state or territory of the United States but 494 services, including vaccinations or immunizations against
466 the criteria for issuance of such license did not meet the 495 disease, preventative procedures for parasitic control, and
467 requirements of sub-subparagraph a.; has met the requirements of 496 microchipping.
468 this section for education, work experience, and good moral 497 Section 25. Paragraph (b) of subsection (2) of section
469 character; and has passed a national, regional, state, or 498 474.207, Florida Statutes, is amended to read:
470 territorial licensing examination that is substantially 499 474.207 Licensure by examination.—
471 equivalent to the examination required by s. 473.306; or 500 (2) The department shall license each applicant who the
472 3.c. Holds a valid license to practice public accounting 501 board certifies has:
473 issued by another state or territory of the United States for at 502 (b)1. Graduated from a college of veterinary medicine
474 least 10 years before the date of application; has passed a 503 accredited by the American Veterinary Medical Association
475 national, regional, state, or territorial licensing examination 504 Council on Education; or
476 that is substantially equivalent to the examination required by 505 2. Graduated from a college of veterinary medicine listed
477 s. 473.306; and has met the requirements of this section for 506 in the American Veterinary Medical Association Roster of
478 good moral character; and 507 Veterinary Colleges of the World and obtained a certificate from
479 2. Has completed continuing education courses that are 508 the Education Commission for Foreign Veterinary Graduates or the
480 equivalent to the continuing education requirements for a 509 Program for the Assessment of Veterinary Education Equivalence.
481 Florida certified public accountant licensed in this state 510
482 during the 2 years immediately preceding her or his application 511 The department shall not issue a license to any applicant who is
483 for licensure by endorsement. 512 under investigation in any state or territory of the United
484 Section 24. Subsection (6) of section 474.202, Florida 513 States or in the District of Columbia for an act which would
485 Statutes, is amended to read: 514 constitute a violation of this chapter until the investigation
486 474.202 Definitions.—As used in this chapter: 515 is complete and disciplinary proceedings have been terminated,
487 (6) “Limited-service veterinary medical practice” means 516 at which time the provisions of s. 474.214 shall apply.
488 offering or providing veterinary services at any location that 517 Section 26. Subsection (1) of section 474.217, Florida
489 has a primary purpose other than that of providing veterinary 518 Statutes, is amended to read:
490 medical service at a permanent or mobile establishment permitted 519 474.217 Licensure by endorsement.—
491 by the board; provides veterinary medical services for privately 520 (1) The department shall issue a license by endorsement to
492 owned animals that do not reside at that location; operates for 521 any applicant who, upon applying to the department and remitting
493 a limited time; and provides limited types of veterinary medical 522 a fee set by the board, demonstrates to the board that she or
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523 he: 552 does not qualify for licensure by endorsement as provided for in
524 (a) Has demonstrated, in a manner designated by rule of the 553 s. 476.144(5); or
525 board, knowledge of the laws and rules governing the practice of 554 2. Has received a minimum of 900 1,200 hours of training in
526 veterinary medicine in this state; and 555 sanitation, safety, and laws and rules, as established by the
527 (b)1. Either Holds, and has held for the 3 years 556 board, which shall include, but shall not be limited to, the
528 immediately preceding the application for licensure, a valid, 557 equivalent of completion of services directly related to the
529 active license to practice veterinary medicine in another state 558 practice of barbering at one of the following:
530 of the United States, the District of Columbia, or a territory 559 a. A school of barbering licensed pursuant to chapter 1005;
531 of the United States, provided that the applicant has 560 b. A barbering program within the public school system; or
532 successfully completed a state, regional, national, or other 561 c. A government-operated barbering program in this state.
533 examination that is equivalent to or more stringent than the 562
534 examination required by the board requirements for licensure in 563 The board shall establish by rule procedures whereby the school
535 the issuing state, district, or territory are equivalent to or 564 or program may certify that a person is qualified to take the
536 more stringent than the requirements of this chapter; or 565 required examination after the completion of a minimum of 600
537 2. Meets the qualifications of s. 474.207(2)(b) and has 566 1,000 actual school hours. If the person passes the examination,
538 successfully completed a state, regional, national, or other 567 she or he shall have satisfied this requirement; but if the
539 examination which is equivalent to or more stringent than the 568 person fails the examination, she or he shall not be qualified
540 examination given by the department and has passed the board’s 569 to take the examination again until the completion of the full
541 clinical competency examination or another clinical competency 570 requirements provided by this section.
542 examination specified by rule of the board. 571 Section 28. Subsection (5) of section 476.144, Florida
543 Section 27. Subsection (2) of section 476.114, Florida 572 Statutes, is amended to read:
544 Statutes, is amended to read: 573 476.144 Licensure.—
545 476.114 Examination; prerequisites.— 574 (5) The board shall certify as qualified for licensure by
546 (2) An applicant shall be eligible for licensure by 575 endorsement as a barber in this state an applicant who holds a
547 examination to practice barbering if the applicant: 576 current active license to practice barbering in another state.
548 (a) Is at least 16 years of age; 577 The board shall adopt rules specifying procedures for the
549 (b) Pays the required application fee; and 578 licensure by endorsement of practitioners desiring to be
550 (c)1. Holds an active valid license to practice barbering 579 licensed in this state who hold a current active license in
551 in another state, has held the license for at least 1 year, and 580 another state or country and who have met qualifications
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581 substantially similar to, equivalent to, or greater than the 610 477.019 Cosmetologists; qualifications; licensure;
582 qualifications required of applicants from this state. 611 supervised practice; license renewal; endorsement; continuing
583 Section 29. Subsection (9) of section 477.013, Florida 612 education.—
584 Statutes, is amended to read: 613 (6) The board shall certify as qualified for licensure by
585 477.013 Definitions.—As used in this chapter: 614 endorsement as a cosmetologist in this state an applicant who
586 (9) “Hair braiding” means the weaving or interweaving of 615 holds a current active license to practice cosmetology in
587 natural human hair or commercial hair, including the use of hair 616 another state and who has completed a 2-hour course approved by
588 extensions or wefts, for compensation without cutting, coloring, 617 the board on human immunodeficiency virus and acquired immune
589 permanent waving, relaxing, removing, or chemical treatment and 618 deficiency syndrome. The board may not require proof of
590 does not include the use of hair extensions or wefts. 619 educational hours if the license was issued in a state that
591 Section 30. Section 477.0132, Florida Statutes, is 620 requires 1,200 or more hours of prelicensure education and
592 repealed. 621 passage of a written examination. This subsection does not apply
593 Section 31. Subsections (7) through (10) are added to 622 to applicants who received their license in another state
594 section 477.0135, Florida Statutes, to read: 623 through an apprenticeship program.
595 477.0135 Exemptions.— 624 (7)(a) The board shall prescribe by rule continuing
596 (7) A license or registration is not required for a person 625 education requirements intended to ensure protection of the
597 whose occupation or practice is confined solely to hair braiding 626 public through updated training of licensees and registered
598 as defined in s. 477.013(9). 627 specialists, not to exceed 10 16 hours biennially, as a
599 (8) A license or registration is not required for a person 628 condition for renewal of a license or registration as a
600 whose occupation or practice is confined solely to hair wrapping 629 specialist under this chapter. Continuing education courses
601 as defined in s. 477.013(10). 630 shall include, but not be limited to, the following subjects as
602 (9) A license or registration is not required for a person 631 they relate to the practice of cosmetology: human
603 whose occupation or practice is confined solely to body wrapping 632 immunodeficiency virus and acquired immune deficiency syndrome;
604 as defined in s. 477.013(12). 633 Occupational Safety and Health Administration regulations;
605 (10) A license or registration is not required for a person 634 workers’ compensation issues; state and federal laws and rules
606 whose occupation or practice is confined solely to applying 635 as they pertain to cosmetologists, cosmetology, salons,
607 polish to fingernails and toenails. 636 specialists, specialty salons, and booth renters; chemical
608 Section 32. Subsections (6) and (7) of section 477.019, 637 makeup as it pertains to hair, skin, and nails; and
609 Florida Statutes, are amended to read: 638 environmental issues. Courses given at cosmetology conferences
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639 may be counted toward the number of continuing education hours 668 477.013(6)(c); or
640 required if approved by the board. 669 3. Four hundred hours of training or the number of hours of
641 (b) Any person whose occupation or practice is confined 670 training required to maintain minimum Pell Grant requirements,
642 solely to hair braiding, hair wrapping, or body wrapping is 671 as established by the board, which shall focus primarily on
643 exempt from the continuing education requirements of this 672 sanitation and safety, to practice the specialties as defined in
644 subsection. 673 s. 477.013(6)(a)-(c).
645 (c) The board may, by rule, require any licensee in 674 (c) The certificate of completion specified in paragraph
646 violation of a continuing education requirement to take a 675 (b) must be from one of the following:
647 refresher course or refresher course and examination in addition 676 1. A school licensed pursuant to s. 477.023.
648 to any other penalty. The number of hours for the refresher 677 2. A school licensed pursuant to chapter 1005 or the
649 course may not exceed 48 hours. 678 equivalent licensing authority of another state.
650 Section 33. Subsection (1) of section 477.0201, Florida 679 3. A specialty program within the public school system.
651 Statutes, is amended to read: 680 4. A specialty division within the Cosmetology Division of
652 477.0201 Specialty registration; qualifications; 681 the Florida School for the Deaf and the Blind, provided the
653 registration renewal; endorsement.— 682 training programs comply with minimum curriculum requirements
654 (1) Any person is qualified for registration as a 683 established by the board.
655 specialist in any one or more of the specialty practice 684 Section 34. Paragraph (f) of subsection (1) of section
656 practices within the practice of cosmetology under this chapter 685 477.026, Florida Statutes, is amended to read:
657 who: 686 477.026 Fees; disposition.—
658 (a) Is at least 16 years of age or has received a high 687 (1) The board shall set fees according to the following
659 school diploma. 688 schedule:
660 (b) Has received a certificate of completion for: in a 689 (f) For hair braiders, hair wrappers, and body wrappers,
661 1. One hundred and eighty hours of training, as established 690 fees for registration shall not exceed $25.
662 by the board, which shall focus primarily on sanitation and 691 Section 35. Subsection (4) of section 477.0263, Florida
663 safety, to practice specialties as defined in s. 477.013(6)(a) 692 Statutes, is amended, and subsection (5) is added to that
664 and (b); specialty pursuant to s. 477.013(6) 693 section, to read:
665 2. Two hundred and twenty hours of training, as established 694 477.0263 Cosmetology services to be performed in licensed
666 by the board, which shall focus primarily on sanitation and 695 salon; exceptions.—
667 safety, to practice the specialty as defined in s. 696 (4) Pursuant to rules adopted by the board, any cosmetology
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697 or specialty service may be performed in a location other than a 726 to read:
698 licensed salon when the service is performed in connection with 727 481.201 Purpose.—The primary legislative purpose for
699 a special event and is performed by a person who is employed by 728 enacting this part is to ensure that every architect practicing
700 a licensed salon and who holds the proper license or specialty 729 in this state meets minimum requirements for safe practice. It
701 registration. An appointment for the performance of any such 730 is the legislative intent that architects who fall below minimum
702 service in a location other than a licensed salon must be made 731 competency or who otherwise present a danger to the public shall
703 through a licensed salon. 732 be prohibited from practicing in this state. The Legislature
704 (5) Hair shampooing, hair cutting, hair arranging, nail 733 further finds that it is in the interest of the public to limit
705 polish removal, nail filing, nail buffing, and nail cleansing 734 the practice of interior design to interior designers or
706 may be performed in a location other than a licensed salon when 735 architects who have the design education and training required
707 the service is performed by a person who holds the proper 736 by this part or to persons who are exempted from the provisions
708 license. 737 of this part.
709 Section 36. Paragraph (f) of subsection (1) of section 738 Section 39. Section 481.203, Florida Statutes, is amended
710 477.0265, Florida Statutes, is amended to read: 739 to read:
711 477.0265 Prohibited acts.— 740 481.203 Definitions.—As used in this part, the term:
712 (1) It is unlawful for any person to: 741 (3)(1) “Board” means the Board of Architecture and Interior
713 (f) Advertise or imply that skin care services or body 742 Design.
714 wrapping, as performed under this chapter, have any relationship 743 (7)(2) “Department” means the Department of Business and
715 to the practice of massage therapy as defined in s. 480.033(3), 744 Professional Regulation.
716 except those practices or activities defined in s. 477.013. 745 (1)(3) “Architect” or “registered architect” means a
717 Section 37. Paragraph (a) of subsection (1) of section 746 natural person who is licensed under this part to engage in the
718 477.029, Florida Statutes, is amended to read: 747 practice of architecture.
719 477.029 Penalty.— 748 (5)(4) “Certificate of registration” means a license or
720 (1) It is unlawful for any person to: 749 registration issued by the department to a natural person to
721 (a) Hold himself or herself out as a cosmetologist or, 750 engage in the practice of architecture or interior design.
722 specialist, hair wrapper, hair braider, or body wrapper unless 751 (4)(5) “Business organization” means a partnership, a
723 duly licensed or registered, or otherwise authorized, as 752 limited liability company, a corporation, or an individual
724 provided in this chapter. 753 operating under a fictitious name “Certificate of authorization”
725 Section 38. Section 481.201, Florida Statutes, is amended 754 means a certificate issued by the department to a corporation or
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755 partnership to practice architecture or interior design. 784 and constructed to maintain its structural integrity independent
756 (2)(6) “Architecture” means the rendering or offering to 785 of the unit on the opposite side of the wall.
757 render services in connection with the design and construction 786 (10)(8) “Interior design” means designs, consultations,
758 of a structure or group of structures which have as their 787 studies, drawings, specifications, and administration of design
759 principal purpose human habitation or use, and the utilization 788 construction contracts relating to nonstructural interior
760 of space within and surrounding such structures. These services 789 elements of a building or structure. “Interior design” includes,
761 include planning, providing preliminary study designs, drawings 790 but is not limited to, reflected ceiling plans, space planning,
762 and specifications, job-site inspection, and administration of 791 furnishings, and the fabrication of nonstructural elements
763 construction contracts. 792 within and surrounding interior spaces of buildings. “Interior
764 (16)(7) “Townhouse” is a single-family dwelling unit not 793 design” specifically excludes the design of or the
765 exceeding three stories in height which is constructed in a 794 responsibility for architectural and engineering work, except
766 series or group of attached units with property lines separating 795 for specification of fixtures and their location within interior
767 such units. Each townhouse shall be considered a separate 796 spaces. As used in this subsection, “architectural and
768 building and shall be separated from adjoining townhouses by the 797 engineering interior construction relating to the building
769 use of separate exterior walls meeting the requirements for zero 798 systems” includes, but is not limited to, construction of
770 clearance from property lines as required by the type of 799 structural, mechanical, plumbing, heating, air-conditioning,
771 construction and fire protection requirements; or shall be 800 ventilating, electrical, or vertical transportation systems, or
772 separated by a party wall; or may be separated by a single wall 801 construction which materially affects lifesafety systems
773 meeting the following requirements: 802 pertaining to firesafety protection such as fire-rated
774 (a) Such wall shall provide not less than 2 hours of fire 803 separations between interior spaces, fire-rated vertical shafts
775 resistance. Plumbing, piping, ducts, or electrical or other 804 in multistory structures, fire-rated protection of structural
776 building services shall not be installed within or through the 805 elements, smoke evacuation and compartmentalization, emergency
777 2-hour wall unless such materials and methods of penetration 806 ingress or egress systems, and emergency alarm systems.
778 have been tested in accordance with the Standard Building Code. 807 (11)(9) “Registered interior designer” or “interior
779 (b) Such wall shall extend from the foundation to the 808 designer” means a natural person who holds a valid certificate
780 underside of the roof sheathing, and the underside of the roof 809 of registration to practice interior design is licensed under
781 shall have at least 1 hour of fire resistance for a width not 810 this part.
782 less than 4 feet on each side of the wall. 811 (12)(10) “Nonstructural element” means an element which
783 (c) Each dwelling unit sharing such wall shall be designed 812 does not require structural bracing and which is something other
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813 than a load-bearing wall, load-bearing column, or other load- 842 481.205, Florida Statutes, is amended to read:
814 bearing element of a building or structure which is essential to 843 481.205 Board of Architecture and Interior Design.—
815 the structural integrity of the building. 844 (3)(a) Notwithstanding the provisions of ss. 455.225,
816 (13)(11) “Reflected ceiling plan” means a ceiling design 845 455.228, and 455.32, the duties and authority of the department
817 plan which is laid out as if it were projected downward and 846 to receive complaints and investigate and discipline persons
818 which may include lighting and other elements. 847 licensed or registered under this part, including the ability to
819 (15)(12) “Space planning” means the analysis, programming, 848 determine legal sufficiency and probable cause; to initiate
820 or design of spatial requirements, including preliminary space 849 proceedings and issue final orders for summary suspension or
821 layouts and final planning. 850 restriction of a license or certificate of registration pursuant
822 (6)(13) “Common area” means an area that is held out for 851 to s. 120.60(6); to issue notices of noncompliance, notices to
823 use by all tenants or owners in a multiple-unit dwelling, 852 cease and desist, subpoenas, and citations; to retain legal
824 including, but not limited to, a lobby, elevator, hallway, 853 counsel, investigators, or prosecutorial staff in connection
825 laundry room, clubhouse, or swimming pool. 854 with the licensed practice of architecture or registered and
826 (8)(14) “Diversified interior design experience” means 855 interior design; and to investigate and deter the unlicensed
827 experience which substantially encompasses the various elements 856 practice of architecture and interior design as provided in s.
828 of interior design services set forth under the definition of 857 455.228 are delegated to the board. All complaints and any
829 “interior design” in subsection (10)(8). 858 information obtained pursuant to an investigation authorized by
830 (9)(15) “Interior decorator services” includes the 859 the board are confidential and exempt from s. 119.07(1) as
831 selection or assistance in selection of surface materials, 860 provided in s. 455.225(2) and (10).
832 window treatments, wallcoverings, paint, floor coverings, 861 Section 41. Section 481.207, Florida Statutes, is amended
833 surface-mounted lighting, surface-mounted fixtures, and loose 862 to read:
834 furnishings not subject to regulation under applicable building 863 481.207 Fees.—
835 codes. 864 (1) The board, by rule, may establish separate fees for
836 (14)(16) “Responsible supervising control” means the 865 architects and interior designers, to be paid for applications,
837 exercise of direct personal supervision and control throughout 866 examination, reexamination, licensing and renewal, delinquency,
838 the preparation of documents, instruments of service, or any 867 reinstatement, and recordmaking and recordkeeping. The
839 other work requiring the seal and signature of a licensee under 868 examination fee shall be in an amount that covers the cost of
840 this part. 869 obtaining and administering the examination and shall be
841 Section 40. Paragraph (a) of subsection (3) of section 870 refunded if the applicant is found ineligible to sit for the
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871 examination. The application fee is nonrefundable. The fee for 900 complete the application form, and remit a nonrefundable
872 initial application and examination for architects and interior 901 application fee. The department shall license any applicant who
873 designers may not exceed $775 plus the actual per applicant cost 902 the board certifies:
874 to the department for purchase of the examination from the 903 (a) has passed the licensure examination prescribed by
875 National Council of Architectural Registration Boards or the 904 board rule; and
876 National Council of Interior Design Qualifications, 905 (b) is a graduate of a school or college of architecture
877 respectively, or similar national organizations. The biennial 906 with a program accredited by the National Architectural
878 renewal fee for architects may not exceed $200. The biennial 907 Accreditation Board.
879 renewal fee for interior designers may not exceed $500. The 908 (2) A person seeking to obtain a certificate of
880 delinquency fee may not exceed the biennial renewal fee 909 registration as a registered interior designer and a seal
881 established by the board for an active license. The board shall 910 pursuant to s. 481.221 must provide the department with his or
882 establish fees that are adequate to ensure the continued 911 her name and address and written proof that he or she has
883 operation of the board and to fund the proportionate expenses 912 successfully passed the qualification examination prescribed by
884 incurred by the department which are allocated to the regulation 913 the Council for Interior Design Qualification or its successor
885 of architects and registered interior designers. Fees shall be 914 entity or the California Council for Interior Design
886 based on department estimates of the revenue required to 915 Certification or its successor entity, or has successfully
887 implement this part and the provisions of law with respect to 916 passed an equivalent exam as determined by the department A
888 the regulation of architects and interior designers. 917 person desiring to be licensed as a registered interior designer
889 (2) The board may establish a fee for certificates of 918 shall apply to the department for licensure. The department
890 registration for interior designers. Such fee, if established, 919 shall administer the licensure examination for interior
891 is not refundable and may not exceed $75. A certificate of 920 designers to each applicant who has completed the application
892 registration is valid for 2 years and a registered interior 921 form and remitted the application and examination fees specified
893 designer may renew the registration. The biennial renewal fee 922 in s. 481.207 and who the board certifies:
894 may not exceed $75. 923 (a) Is a graduate from an interior design program of 5
895 Section 42. Section 481.209, Florida Statutes, is amended 924 years or more and has completed 1 year of diversified interior
896 to read: 925 design experience;
897 481.209 Examinations.— 926 (b) Is a graduate from an interior design program of 4
898 (1) A person desiring to be licensed as a registered 927 years or more and has completed 2 years of diversified interior
899 architect by initial examination shall apply to the department, 928 design experience;
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929 (c) Has completed at least 3 years in an interior design 958 (1) The department shall license or register any applicant
930 curriculum and has completed 3 years of diversified interior 959 who the board certifies is qualified for licensure or
931 design experience; or 960 registration and who has paid the initial licensure or
932 (d) Is a graduate from an interior design program of at 961 registration fee. Licensure as an architect under this section
933 least 2 years and has completed 4 years of diversified interior 962 shall be deemed to include all the rights and privileges of
934 design experience. 963 registration licensure as an interior designer under this
935 964 section.
936 Subsequent to October 1, 2000, for the purpose of having the 965 (2) The board shall certify for licensure or registration
937 educational qualification required under this subsection 966 by examination any applicant who passes the prescribed licensure
938 accepted by the board, the applicant must complete his or her 967 or registration examination and satisfies the requirements of
939 education at a program, school, or college of interior design 968 ss. 481.209 and 481.211, for architects, or the requirements of
940 whose curriculum has been approved by the board as of the time 969 s. 481.209, for interior designers.
941 of completion. Subsequent to October 1, 2003, all of the 970 (3) The board shall certify as qualified for a license by
942 required amount of educational credits shall have been obtained 971 endorsement as an architect or registration as a registered an
943 in a program, school, or college of interior design whose 972 interior designer an applicant who:
944 curriculum has been approved by the board, as of the time each 973 (a) Qualifies to take the prescribed licensure or
945 educational credit is gained. The board shall adopt rules 974 registration examination, and has passed the prescribed
946 providing for the review and approval of programs, schools, and 975 licensure registration examination or a substantially equivalent
947 colleges of interior design and courses of interior design study 976 examination in another jurisdiction, as set forth in s. 481.209
948 based on a review and inspection by the board of the curriculum 977 for architects or registered interior designers, as applicable,
949 of programs, schools, and colleges of interior design in the 978 and has satisfied the internship requirements set forth in s.
950 United States, including those programs, schools, and colleges 979 481.211 for architects;
951 accredited by the Foundation for Interior Design Education 980 (b) Holds a valid license to practice architecture or a
952 Research. The board shall adopt rules providing for the review 981 license, registration, or certification to practice interior
953 and approval of diversified interior design experience required 982 design issued by another jurisdiction of the United States, if
954 by this subsection. 983 the criteria for issuance of such license were substantially
955 Section 43. Section 481.213, Florida Statutes, is amended 984 equivalent to the licensure criteria that existed in this state
956 to read: 985 at the time the license was issued; provided, however, that an
957 481.213 Licensure and registration.— 986 applicant who has been licensed for use of the title “interior
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987 design” rather than licensed to practice interior design shall 1016 for certification other than those established by the board, and
988 not qualify hereunder; or 1017 the fee owner of a threshold building may not be prohibited from
989 (c) Has passed the prescribed licensure examination and 1018 selecting any person certified by the board to be a special
990 holds a valid certificate issued by the National Council of 1019 inspector. The board shall develop minimum qualifications for
991 Architectural Registration Boards, and holds a valid license to 1020 the qualified representative of the special inspector who is
992 practice architecture issued by another state or jurisdiction of 1021 authorized under s. 553.79 to perform inspections of threshold
993 the United States. 1022 buildings on behalf of the special inspector.
994 1023 (8) A certificate of registration is not required for a
995 An architect who is licensed in another state who seeks 1024 person whose occupation or practice is confined to interior
996 qualification for license by endorsement under this subsection 1025 decorator services or for a person whose occupation or practice
997 must complete a class approved by the board on the Florida 1026 is confined to interior design except as required in this part.
998 Building Code. 1027 Section 44. Subsection (1) of section 481.2131, Florida
999 (4) The board may refuse to certify any applicant who has 1028 Statutes, is amended to read:
1000 violated any of the provisions of s. 481.223, s. 481.225, or s. 1029 481.2131 Interior design; practice requirements; disclosure
1001 481.2251, as applicable. 1030 of compensation for professional services.—
1002 (5) The board may refuse to certify any applicant who is 1031 (1) A registered interior designer is authorized to perform
1003 under investigation in any jurisdiction for any act which would 1032 “interior design” as defined in s. 481.203. Interior design
1004 constitute a violation of this part or of chapter 455 until such 1033 documents prepared by a registered interior designer shall
1005 time as the investigation is complete and disciplinary 1034 contain a statement that the document is not an architectural or
1006 proceedings have been terminated. 1035 engineering study, drawing, specification, or design and is not
1007 (6) The board shall adopt rules to implement the provisions 1036 to be used for construction of any load-bearing columns, load-
1008 of this part relating to the examination, internship, and 1037 bearing framing or walls of structures, or issuance of any
1009 licensure of applicants. 1038 building permit, except as otherwise provided by law. Interior
1010 (7) For persons whose licensure requires satisfaction of 1039 design documents that are prepared and sealed by a registered
1011 the requirements of ss. 481.209 and 481.211, the board shall, by 1040 interior designer must may, if required by a permitting body, be
1012 rule, establish qualifications for certification of such persons 1041 accepted by the permitting body be submitted for the issuance of
1013 as special inspectors of threshold buildings, as defined in ss. 1042 a building permit for interior construction excluding design of
1014 553.71 and 553.79, and shall compile a list of persons who are 1043 any structural, mechanical, plumbing, heating, air-conditioning,
1015 certified. A special inspector is not required to meet standards 1044 ventilating, electrical, or vertical transportation systems or
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1045 that materially affect lifesafety systems pertaining to 1074 requirements of continuing education in emergency or hardship
1046 firesafety protection such as fire-rated separations between 1075 cases.
1047 interior spaces, fire-rated vertical shafts in multistory 1076 (4) The board shall by rule establish criteria for the
1048 structures, fire-rated protection of structural elements, smoke 1077 approval of continuing education courses and providers and shall
1049 evacuation and compartmentalization, emergency ingress or egress 1078 by rule establish criteria for accepting alternative
1050 systems, and emergency alarm systems. Interior design documents 1079 nonclassroom continuing education on an hour-for-hour basis.
1051 submitted for the issuance of a building permit by an individual 1080 (5) The board shall require, by rule adopted pursuant to
1052 performing interior design services who is not a licensed 1081 ss. 120.536(1) and 120.54, a specified number of hours in
1053 architect must include a seal issued by the department and in 1082 specialized or advanced courses, approved by the Florida
1054 conformance with the requirements of s. 481.221. 1083 Building Commission, on any portion of the Florida Building
1055 Section 45. Section 481.215, Florida Statutes, is amended 1084 Code, adopted pursuant to part IV of chapter 553, relating to
1056 to read: 1085 the licensee’s respective area of practice.
1057 481.215 Renewal of license or certificate of registration.— 1086 Section 46. Section 481.217, Florida Statutes, is amended
1058 (1) Subject to the requirement of subsection (3), the 1087 to read:
1059 department shall renew a license or certificate of registration 1088 481.217 Inactive status.—
1060 upon receipt of the renewal application and renewal fee. 1089 (1) The board may prescribe by rule continuing education
1061 (2) The department shall adopt rules establishing a 1090 requirements as a condition of reactivating a license. The rules
1062 procedure for the biennial renewal of licenses and certificate 1091 may not require more than one renewal cycle of continuing
1063 of registrations. 1092 education to reactivate a license or registration for a
1064 (3) A No license or certificate of registration renewal may 1093 registered architect or registered interior designer. For
1065 not shall be issued to an architect or a registered an interior 1094 interior design, the board may approve only continuing education
1066 designer by the department until the licensee or registrant 1095 that builds upon the basic knowledge of interior design.
1067 submits proof satisfactory to the department that, during the 2 1096 (2) The board shall adopt rules relating to application
1068 years before prior to application for renewal, the licensee or 1097 procedures for inactive status and for the reactivation of
1069 registrant participated per biennium in not less than 20 hours 1098 inactive licenses and registrations.
1070 of at least 50 minutes each per biennium of continuing education 1099 Section 47. Section 481.219, Florida Statutes, is amended
1071 approved by the board. The board shall approve only continuing 1100 to read:
1072 education that builds upon the basic knowledge of architecture 1101 481.219 Qualification of business organizations
1073 or interior design. The board may make exception from the 1102 certification of partnerships, limited liability companies, and
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1103 corporations.— 1132 such qualifying agent is the only qualifying agent for that
1104 (1) A licensee may The practice of or the offer to practice 1133 business organization, the business organization must be
1105 architecture or interior design by licensees through a qualified 1134 qualified by another qualifying agent within 60 days after the
1106 business organization that offers corporation, limited liability 1135 termination. Except as provided in paragraph (b), the business
1107 company, or partnership offering architectural or interior 1136 organization may not engage in the practice of architecture
1108 design services to the public, or by a corporation, limited 1137 until it is qualified by another qualifying agent.
1109 liability company, or partnership offering architectural or 1138 (b) In the event a qualifying agent ceases employment with
1110 interior design services to the public through licensees under 1139 a qualified business organization, the executive director or the
1111 this part as agents, employees, officers, or partners, is 1140 chair of the board may authorize another registered architect
1112 permitted, subject to the provisions of this section. 1141 employed by the business organization to temporarily serve as
1113 (2) If a licensee or an applicant proposes to engage in the 1142 its qualifying agent for a period of no more than 60 days. The
1114 practice of architecture as a business organization, the 1143 business organization is not authorized to operate beyond such
1115 licensee or applicant shall qualify the business organization 1144 period under this chapter absent replacement of the qualifying
1116 upon approval of the board For the purposes of this section, a 1145 agent who has ceased employment.
1117 certificate of authorization shall be required for a 1146 (c) A qualifying agent shall notify the department in
1118 corporation, limited liability company, partnership, or person 1147 writing before engaging in the practice of architecture in her
1119 practicing under a fictitious name, offering architectural 1148 or his own name or in affiliation with a different business
1120 services to the public jointly or separately. However, when an 1149 organization, and she or he or such business organization shall
1121 individual is practicing architecture in her or his own name, 1150 supply the same information to the department as required of
1122 she or he shall not be required to be certified under this 1151 applicants under this part.
1123 section. Certification under this subsection to offer 1152 (3) For the purposes of this section, a certificate of
1124 architectural services shall include all the rights and 1153 authorization shall be required for a corporation, limited
1125 privileges of certification under subsection (3) to offer 1154 liability company, partnership, or person operating under a
1126 interior design services. 1155 fictitious name, offering interior design services to the public
1127 (3)(a) A business organization may not engage in the 1156 jointly or separately. However, when an individual is practicing
1128 practice of architecture unless its qualifying agent is a 1157 interior design in her or his own name, she or he shall not be
1129 registered architect under this part. A qualifying agent who 1158 required to be certified under this section.
1130 terminates an affiliation with a qualified business organization 1159 (4) All final construction documents and instruments of
1131 shall immediately notify the department of such termination. If 1160 service which include drawings, specifications, plans, reports,
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1161 or other papers or documents that involve involving the practice 1190 (b) One or more of the principal officers of the
1162 of architecture which are prepared or approved for the use of 1191 corporation or one or more partners of the partnership, and all
1163 the business organization corporation, limited liability 1192 personnel of the corporation, limited liability company, or
1164 company, or partnership and filed for public record within the 1193 partnership who act in its behalf in this state as interior
1165 state must shall bear the signature and seal of the licensee who 1194 designers, are registered as provided by this part.
1166 prepared or approved them and the date on which they were 1195 (8) The department shall adopt rules establishing a
1167 sealed. 1196 procedure for the biennial renewal of certificates of
1168 (5) All drawings, specifications, plans, reports, or other 1197 authorization.
1169 papers or documents prepared or approved for the use of the 1198 (9) The department shall renew a certificate of
1170 corporation, limited liability company, or partnership by an 1199 authorization upon receipt of the renewal application and
1171 interior designer in her or his professional capacity and filed 1200 biennial renewal fee.
1172 for public record within the state shall bear the signature and 1201 (6)(10) Each qualifying agent who qualifies a business
1173 seal of the licensee who prepared or approved them and the date 1202 organization, partnership, limited liability company, or and
1174 on which they were sealed. 1203 corporation certified under this section shall notify the
1175 (6) The department shall issue a certificate of 1204 department within 30 days after of any change in the information
1176 authorization to any applicant who the board certifies as 1205 contained in the application upon which the qualification
1177 qualified for a certificate of authorization and who has paid 1206 certification is based. Any registered architect or interior
1178 the fee set in s. 481.207. 1207 designer who qualifies the business organization shall ensure
1179 (7) The board shall allow a licensee or certify an 1208 corporation, limited liability company, or partnership as
1180 applicant to qualify one or more business organizations as 1209 provided in subsection (7) shall be responsible for ensuring
1181 qualified for a certificate of authorization to offer 1210 responsible supervising control of projects of the business
1182 architectural or interior design services, or to use a 1211 organization entity and shall notify the department of the upon
1183 fictitious name to offer such services, if provided that: 1212 termination of her or his employment with a business
1184 (a) one or more of the principal officers of the 1213 organization qualified partnership, limited liability company,
1185 corporation or limited liability company, or one or more 1214 or corporation certified under this section shall notify the
1186 partners of the partnership, and all personnel of the 1215 department of the termination within 30 days after such
1187 corporation, limited liability company, or partnership who act 1216 termination.
1188 in its behalf in this state as architects, are registered as 1217 (7)(11) A business organization is not No corporation,
1189 provided by this part; or 1218 limited liability company, or partnership shall be relieved of
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1219 responsibility for the conduct or acts of its agents, employees, 1248 Section 48. Subsections (1), (3), (5), (7), (10), (11), and
1220 or officers by reason of its compliance with this section. 1249 (12) of section 481.221, Florida Statutes, are amended to read:
1221 However, except as provided in s. 558.0035, the architect who 1250 481.221 Seals; display of certificate number.—
1222 signs and seals the construction documents and instruments of 1251 (1) The department board shall prescribe, by rule, one or
1223 service is shall be liable for the professional services 1252 more forms of seals to be used by registered architects holding
1224 performed, and the interior designer who signs and seals the 1253 valid certificates of registration.
1225 interior design drawings, plans, or specifications shall be 1254 (3) The department board shall adopt a rule prescribing the
1226 liable for the professional services performed. 1255 distinctly different seals to be used by registered interior
1227 (12) Disciplinary action against a corporation, limited 1256 designers holding valid certificates of registration. Each
1228 liability company, or partnership shall be administered in the 1257 registered interior designer shall obtain a seal as prescribed
1229 same manner and on the same grounds as disciplinary action 1258 by the department board, and all drawings, plans,
1230 against a registered architect or interior designer, 1259 specifications, or reports prepared or issued by the registered
1231 respectively. 1260 interior designer and being filed for public record shall bear
1232 (8)(13) Nothing in This section may not shall be construed 1261 the signature and seal of the registered interior designer who
1233 to mean that a certificate of registration to practice 1262 prepared or approved the document and the date on which they
1234 architecture must or interior design shall be held by a business 1263 were sealed. The signature, date, and seal shall be evidence of
1235 organization corporation, limited liability company, or 1264 the authenticity of that to which they are affixed. Final plans,
1236 partnership. Nothing in This section does not prohibit a 1265 specifications, or reports prepared or issued by a registered
1237 business organization from offering prohibits corporations, 1266 interior designer may be transmitted electronically and may be
1238 limited liability companies, and partnerships from joining 1267 signed by the registered interior designer, dated, and sealed
1239 together to offer architectural, engineering, interior design, 1268 electronically with the seal in accordance with ss. 668.001-
1240 surveying and mapping, and landscape architectural services, or 1269 668.006.
1241 any combination of such services, to the public if the business 1270 (5) No registered interior designer shall affix, or permit
1242 organization, provided that each corporation, limited liability 1271 to be affixed, her or his seal or signature to any plan,
1243 company, or partnership otherwise meets the requirements of law. 1272 specification, drawing, or other document which depicts work
1244 (14) Corporations, limited liability companies, or 1273 which she or he is not competent or registered licensed to
1245 partnerships holding a valid certificate of authorization to 1274 perform.
1246 practice architecture shall be permitted to use in their title 1275 (7) No registered interior designer shall affix her or his
1247 the term “interior designer” or “registered interior designer.” 1276 signature or seal to any plans, specifications, or other
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1277 documents which were not prepared by her or him or under her or 1306 (12) A person may not sign and seal by any means any final
1278 his responsible supervising control or by another registered 1307 plan, specification, or report after her or his certificate of
1279 interior designer and reviewed, approved, or modified and 1308 registration has expired or is suspended or revoked. A
1280 adopted by her or him as her or his own work according to rules 1309 registered architect or interior designer whose certificate of
1281 adopted by the department board. 1310 registration is suspended or revoked shall, within 30 days after
1282 (10) Each registered architect must or interior designer, 1311 the effective date of the suspension or revocation, surrender
1283 and each corporation, limited liability company, or partnership 1312 her or his seal to the executive director of the board and
1284 holding a certificate of authorization, shall include her or his 1313 confirm in writing to the executive director the cancellation of
1285 license its certificate number in any newspaper, telephone 1314 the registered architect’s or interior designer’s electronic
1286 directory, or other advertising medium used by the registered 1315 signature in accordance with ss. 668.001-668.006. When a
1287 licensee. Each business organization must include the license 1316 registered architect’s or interior designer’s certificate of
1288 number of the registered architect who serves as the qualifying 1317 registration is suspended for a period of time, her or his seal
1289 agent for that business organization in any newspaper, telephone 1318 shall be returned upon expiration of the period of suspension.
1290 directory, or other advertising medium used by the business 1319 Section 49. Section 481.223, Florida Statutes, is amended
1291 organization architect, interior designer, corporation, limited 1320 to read:
1292 liability company, or partnership. A corporation, limited 1321 481.223 Prohibitions; penalties; injunctive relief.—
1293 liability company, or partnership is not required to display the 1322 (1) A person may not knowingly:
1294 certificate number of individual registered architects or 1323 (a) Practice architecture unless the person is an architect
1295 interior designers employed by or working within the 1324 or a registered architect; however, a licensed architect who has
1296 corporation, limited liability company, or partnership. 1325 been licensed by the board and who chooses to relinquish or not
1297 (11) When the certificate of registration of a registered 1326 to renew his or her license may use the title “Architect,
1298 architect or interior designer has been revoked or suspended by 1327 Retired” but may not otherwise render any architectural
1299 the board, the registered architect or interior designer shall 1328 services.
1300 surrender her or his seal to the secretary of the board within a 1329 (b) Practice interior design unless the person is a
1301 period of 30 days after the revocation or suspension has become 1330 registered interior designer unless otherwise exempted herein;
1302 effective. If the certificate of the registered architect or 1331 however, an interior designer who has been licensed by the board
1303 interior designer has been suspended for a period of time, her 1332 and who chooses to relinquish or not to renew his or her license
1304 or his seal shall be returned to her or him upon expiration of 1333 may use the title “Interior Designer, Retired” but may not
1305 the suspension period. 1334 otherwise render any interior design services.
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1335 (b)(c) Use the name or title “architect,” or “registered 1364 person suspected of violating paragraph (1)(a) or, paragraph
1336 architect,” or “interior designer” or “registered interior 1365 (1)(b), or paragraph (1)(c) and includes, but is not limited to,
1337 designer,” or words to that effect, when the person is not then 1366 the department, any person who received services from the
1338 the holder of a valid license or certificate of registration 1367 alleged violator, or any private association composed primarily
1339 issued pursuant to this part. This paragraph does not restrict 1368 of members of the profession the alleged violator is practicing
1340 the use of the name or title “interior designer” or “interior 1369 or offering to practice or holding himself or herself out as
1341 design firm.” 1370 qualified to practice.
1342 (c)(d) Present as his or her own the license of another. 1371 Section 50. Section 481.2251, Florida Statutes, is amended
1343 (d)(e) Give false or forged evidence to the board or a 1372 to read:
1344 member thereof. 1373 481.2251 Disciplinary proceedings against registered
1345 (e)(f) Use or attempt to use an architect or interior 1374 interior designers.—
1346 designer license or interior design certificate of registration 1375 (1) The following acts constitute grounds for which the
1347 that has been suspended, revoked, or placed on inactive or 1376 disciplinary actions specified in subsection (2) may be taken:
1348 delinquent status. 1377 (a) Attempting to register obtain, obtaining, or renewing
1349 (f)(g) Employ unlicensed persons to practice architecture 1378 registration, by bribery, by fraudulent misrepresentation, or
1350 or interior design. 1379 through an error of the board, a license to practice interior
1351 (g)(h) Conceal information relative to violations of this 1380 design;
1352 part. 1381 (b) Having an interior design license, certification, or
1353 (2) Any person who violates any provision of subsection (1) 1382 registration a license to practice interior design revoked,
1354 commits a misdemeanor of the first degree, punishable as 1383 suspended, or otherwise acted against, including the denial of
1355 provided in s. 775.082 or s. 775.083. 1384 licensure, registration, or certification by the licensing
1356 (3)(a) Notwithstanding chapter 455 or any other law to the 1385 authority of another jurisdiction for any act which would
1357 contrary, an affected person may maintain an action for 1386 constitute a violation of this part or of chapter 455;
1358 injunctive relief to restrain or prevent a person from violating 1387 (c) Being convicted or found guilty, regardless of
1359 paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The 1388 adjudication, of a crime in any jurisdiction which directly
1360 prevailing party is entitled to actual costs and attorney’s 1389 relates to the provision of interior design services or to the
1361 fees. 1390 ability to provide interior design services. A plea of nolo
1362 (b) For purposes of this subsection, the term “affected 1391 contendere shall create a rebuttable presumption of guilt to the
1363 person” means a person directly affected by the actions of a 1392 underlying criminal charges. However, the board shall allow the
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1393 person being disciplined to present any evidence relevant to the 1422 person to commit an act, or committing an act, which would tend
1394 underlying charges and the circumstances surrounding her or his 1423 to coerce, intimidate, or preclude another licensee from
1395 plea; 1424 lawfully advertising her or his services;
1396 (d) False, deceptive, or misleading advertising; 1425 (m) Acceptance of compensation or any consideration by an
1397 (e) Failing to report to the board any person who the 1426 interior designer from someone other than the client without
1398 licensee knows is in violation of this part or the rules of the 1427 full disclosure of the compensation or consideration amount or
1399 board; 1428 value to the client prior to the engagement for services, in
1400 (f) Aiding, assisting, procuring, or advising any 1429 violation of s. 481.2131(2);
1401 unlicensed person to use the title “interior designer” contrary 1430 (h)(n) Rendering or offering to render architectural
1402 to this part or to a rule of the board; 1431 services; or
1403 (g) Failing to perform any statutory or legal obligation 1432 (i)(o) Committing an act of fraud or deceit, or of
1404 placed upon a registered interior designer; 1433 negligence, incompetency, or misconduct, in the practice of
1405 (h) Making or filing a report which the registrant licensee 1434 interior design, including, but not limited to, allowing the
1406 knows to be false, intentionally or negligently failing to file 1435 preparation of any interior design studies, plans, or other
1407 a report or record required by state or federal law, or 1436 instruments of service in an office that does not have a full-
1408 willfully impeding or obstructing such filing or inducing 1437 time Florida-registered interior designer assigned to such
1409 another person to do so. Such reports or records shall include 1438 office or failing to exercise responsible supervisory control
1410 only those which are signed in the capacity as a registered 1439 over services or projects, as required by board rule.
1411 interior designer; 1440 (2) When the board finds any person guilty of any of the
1412 (f)(i) Making deceptive, untrue, or fraudulent 1441 grounds set forth in subsection (1), it may enter an order
1413 representations in the provision of interior design services; 1442 taking the following action or imposing one or more of the
1414 (g)(j) Accepting and performing professional 1443 following penalties:
1415 responsibilities which the registrant licensee knows or has 1444 (a) Refusal to register the applicant approve an
1416 reason to know that she or he is not competent or licensed to 1445 application for licensure;
1417 perform; 1446 (b) Refusal to renew an existing registration license;
1418 (k) Violating any provision of this part, any rule of the 1447 (c) Removal from the state registry Revocation or
1419 board, or a lawful order of the board previously entered in a 1448 suspension of a license; or
1420 disciplinary hearing; 1449 (d) Imposition of an administrative fine not to exceed $500
1421 (l) Conspiring with another licensee or with any other 1450 $1,000 for each violation or separate offense and a fine of up
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1451 to $2,500 $5,000 for matters pertaining to a material violation 1480 residences, including, but not limited to, residence buildings,
1452 of the Florida Building Code as reported by a local 1481 single-family homes, multifamily homes, townhouses, apartments,
1453 jurisdiction; or 1482 condominiums, and domestic outbuildings appurtenant to one-
1454 (e) Issuance of a reprimand. 1483 family or two-family residences. However, “residential
1455 Section 51. Paragraph (b) of subsection (5), and 1484 applications” does not include common areas associated with
1456 subsections (6), and (8) of section 481.229, Florida Statutes, 1485 instances of multiple-unit dwelling applications.
1457 are amended to read: 1486 (b) an employee of a retail establishment providing
1458 481.229 Exceptions; exemptions from licensure.— 1487 “interior decorator services” on the premises of the retail
1459 (5) 1488 establishment or in the furtherance of a retail sale or
1460 (b) Notwithstanding any other provision of this part, all 1489 prospective retail sale, provided that such employee does not
1461 persons licensed as architects under this part shall be 1490 advertise as, or represent himself or herself as, an interior
1462 qualified for interior design registration licensure upon 1491 designer.
1463 submission of a completed application for such license and a fee 1492 (8) A manufacturer of commercial food service equipment or
1464 not to exceed $30. Such persons shall be exempt from the 1493 the manufacturer’s representative, distributor, or dealer or an
1465 requirements of s. 481.209(2). For architects licensed as 1494 employee thereof, who prepares designs, specifications, or
1466 interior designers, satisfaction of the requirements for renewal 1495 layouts for the sale or installation of such equipment is exempt
1467 of licensure as an architect under s. 481.215 shall be deemed to 1496 from licensure as an architect or interior designer, if:
1468 satisfy the requirements for renewal of registration licensure 1497 (a) The designs, specifications, or layouts are not used
1469 as an interior designer under that section. Complaint 1498 for construction or installation that may affect structural,
1470 processing, investigation, or other discipline-related legal 1499 mechanical, plumbing, heating, air conditioning, ventilating,
1471 costs related to persons licensed as interior designers under 1500 electrical, or vertical transportation systems.
1472 this paragraph shall be assessed against the architects’ account 1501 (b) The designs, specifications, or layouts do not
1473 of the Regulatory Trust Fund. 1502 materially affect lifesafety systems pertaining to firesafety
1474 (6) This part shall not apply to: 1503 protection, smoke evacuation and compartmentalization, and
1475 (a) A person who performs interior design services or 1504 emergency ingress or egress systems.
1476 interior decorator services for any residential application, 1505 (c) Each design, specification, or layout document prepared
1477 provided that such person does not advertise as, or represent 1506 by a person or entity exempt under this subsection contains a
1478 himself or herself as, an interior designer. For purposes of 1507 statement on each page of the document that the designs,
1479 this paragraph, “residential applications” includes all types of 1508 specifications, or layouts are not architectural, interior
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1509 design, or engineering designs, specifications, or layouts and 1538 (5) “Certificate of authorization” means a license issued
1510 not used for construction unless reviewed and approved by a 1539 by the department to a corporation or partnership to engage in
1511 licensed architect or engineer. 1540 the practice of landscape architecture.
1512 Section 52. Subsection (1) of section 481.231, Florida 1541 (4)(6) “Landscape architecture” means professional
1513 Statutes, is amended to read: 1542 services, including, but not limited to, the following:
1514 481.231 Effect of part locally.— 1543 (a) Consultation, investigation, research, planning,
1515 (1) Nothing in This part does not shall be construed to 1544 design, preparation of drawings, specifications, contract
1516 repeal, amend, limit, or otherwise affect any specific provision 1545 documents and reports, responsible construction supervision, or
1517 of any local building code or zoning law or ordinance that has 1546 landscape management in connection with the planning and
1518 been duly adopted, now or hereafter enacted, which is more 1547 development of land and incidental water areas, including the
1519 restrictive, with respect to the services of registered 1548 use of Florida-friendly landscaping as defined in s. 373.185,
1520 architects or registered interior designers, than the provisions 1549 where, and to the extent that, the dominant purpose of such
1521 of this part; provided, however, that a licensed architect shall 1550 services or creative works is the preservation, conservation,
1522 be deemed registered licensed as an interior designer for 1551 enhancement, or determination of proper land uses, natural land
1523 purposes of offering or rendering interior design services to a 1552 features, ground cover and plantings, or naturalistic and
1524 county, municipality, or other local government or political 1553 aesthetic values;
1525 subdivision. 1554 (b) The determination of settings, grounds, and approaches
1526 Section 53. Section 481.303, Florida Statutes, is amended 1555 for and the siting of buildings and structures, outdoor areas,
1527 to read: 1556 or other improvements;
1528 481.303 Definitions.—As used in this chapter, the term: 1557 (c) The setting of grades, shaping and contouring of land
1529 (1) “Board” means the Board of Landscape Architecture. 1558 and water forms, determination of drainage, and provision for
1530 (3)(2) “Department” means the Department of Business and 1559 storm drainage and irrigation systems where such systems are
1531 Professional Regulation. 1560 necessary to the purposes outlined herein; and
1532 (6)(3) “Registered landscape architect” means a person who 1561 (d) The design of such tangible objects and features as are
1533 holds a license to practice landscape architecture in this state 1562 necessary to the purpose outlined herein.
1534 under the authority of this act. 1563 (5)(7) “Landscape design” means consultation for and
1535 (2)(4) “Certificate of registration” means a license issued 1564 preparation of planting plans drawn for compensation, including
1536 by the department to a natural person to engage in the practice 1565 specifications and installation details for plant materials,
1537 of landscape architecture. 1566 soil amendments, mulches, edging, gravel, and other similar
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1567 materials. Such plans may include only recommendations for the 1596 territorial licensing examination which is substantially
1568 conceptual placement of tangible objects for landscape design 1597 equivalent to the examination required by s. 481.309; or
1569 projects. Construction documents, details, and specifications 1598 (b) holds a valid license to practice landscape
1570 for tangible objects and irrigation systems shall be designed or 1599 architecture issued by another state or territory of the United
1571 approved by licensed professionals as required by law. 1600 States, if the criteria for issuance of such license were
1572 Section 54. Section 481.310, Florida Statutes, is amended 1601 substantially identical to the licensure criteria which existed
1573 to read: 1602 in this state at the time the license was issued.
1574 481.310 Practical experience requirement.—Beginning October 1603 (4) The board shall certify as qualified for a certificate
1575 1, 1990, every applicant for licensure as a registered landscape 1604 of authorization any applicant corporation or partnership who
1576 architect shall demonstrate, prior to licensure, 1 year of 1605 satisfies the requirements of s. 481.319.
1577 practical experience in landscape architectural work. An 1606 Section 56. Subsection (2) of section 481.317, Florida
1578 applicant who holds a master of landscape architecture degree 1607 Statutes, is amended to read:
1579 and a bachelor’s degree in a related field is not required to 1608 481.317 Temporary certificates.—
1580 demonstrate 1 year of practical experience in landscape 1609 (2) Upon approval by the board and payment of the fee set
1581 architectural work to obtain licensure. The board shall adopt 1610 in s. 481.307, the department shall grant a temporary
1582 rules providing standards for the required experience. An 1611 certificate of authorization for work on one specified project
1583 applicant who qualifies for examination pursuant to s. 1612 in this state for a period not to exceed 1 year to an out-of-
1584 481.309(1)(b)1. may obtain the practical experience after 1613 state corporation, partnership, or firm, provided one of the
1585 completing the required professional degree. Experience used to 1614 principal officers of the corporation, one of the partners of
1586 qualify for examination pursuant to s. 481.309(1)(b)2. may not 1615 the partnership, or one of the principals in the fictitiously
1587 be used to satisfy the practical experience requirement under 1616 named firm has obtained a temporary certificate of registration
1588 this section. 1617 in accordance with subsection (1).
1589 Section 55. Subsections (3) and (4) of section 481.311, 1618 Section 57. Section 481.319, Florida Statutes, is amended
1590 Florida Statutes, are amended, to read: 1619 to read:
1591 481.311 Licensure.— 1620 481.319 Corporate and partnership practice of landscape
1592 (3) The board shall certify as qualified for a license by 1621 architecture; certificate of authorization.—
1593 endorsement an applicant who: 1622 (1) The practice of or offer to practice landscape
1594 (a) Qualifies to take the examination as set forth in s. 1623 architecture by registered landscape architects registered under
1595 481.309; and has passed a national, regional, state, or 1624 this part through a corporation or partnership offering
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1625 landscape architectural services to the public, or through a 1654 practice in the name of a An applicant partnership must shall
1626 corporation or partnership offering landscape architectural 1655 file with the department the names and addresses of all partners
1627 services to the public through individual registered landscape 1656 of the partnership, including the partner or partners duly
1628 architects as agents, employees, officers, or partners, is 1657 registered to practice landscape architecture in this state and,
1629 permitted, subject to the provisions of this section, if: 1658 also, of an individual or individuals duly registered to
1630 (a) One or more of the principal officers of the 1659 practice landscape architecture in this state who shall be in
1631 corporation, or partners of the partnership, and all personnel 1660 responsible charge of the practice of landscape architecture by
1632 of the corporation or partnership who act in its behalf as 1661 said partnership in this state.
1633 landscape architects in this state are registered landscape 1662 (4) Each landscape architect qualifying a partnership or
1634 architects; and 1663 and corporation licensed under this part must shall notify the
1635 (b) One or more of the officers, one or more of the 1664 department within 1 month after of any change in the information
1636 directors, one or more of the owners of the corporation, or one 1665 contained in the application upon which the license is based.
1637 or more of the partners of the partnership is a registered 1666 Any landscape architect who terminates her or his or her
1638 landscape architect; and 1667 employment with a partnership or corporation licensed under this
1639 (c) The corporation or partnership has been issued a 1668 part shall notify the department of the termination within 1
1640 certificate of authorization by the board as provided herein. 1669 month after such termination.
1641 (2) All documents involving the practice of landscape 1670 (5) Disciplinary action against a corporation or
1642 architecture which are prepared for the use of the corporation 1671 partnership shall be administered in the same manner and on the
1643 or partnership shall bear the signature and seal of a registered 1672 same grounds as disciplinary action against a registered
1644 landscape architect. 1673 landscape architect.
1645 (3) A landscape architect applying to practice in the name 1674 (6) Except as provided in s. 558.0035, the fact that a
1646 of a An applicant corporation must shall file with the 1675 registered landscape architect practices landscape architecture
1647 department the names and addresses of all officers and board 1676 through a corporation or partnership as provided in this section
1648 members of the corporation, including the principal officer or 1677 does not relieve the landscape architect from personal liability
1649 officers, duly registered to practice landscape architecture in 1678 for her or his or her professional acts.
1650 this state and, also, of all individuals duly registered to 1679 Section 58. Subsection (5) of section 481.321, Florida
1651 practice landscape architecture in this state who shall be in 1680 Statutes, is amended to read:
1652 responsible charge of the practice of landscape architecture by 1681 481.321 Seals; display of certificate number.—
1653 the corporation in this state. A landscape architect applying to 1682 (5) Each registered landscape architect must and each
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1683 corporation or partnership holding a certificate of 1712 labor, materials, and all other items is less than $2,500
1684 authorization shall include her or his its certificate number in 1713 $1,000, but this exemption does not apply:
1685 any newspaper, telephone directory, or other advertising medium 1714 (a) If the construction, repair, remodeling, or improvement
1686 used by the registered landscape architect, corporation, or 1715 is a part of a larger or major operation, whether undertaken by
1687 partnership. A corporation or partnership must is not required 1716 the same or a different contractor, or in which a division of
1688 to display the certificate number numbers of at least one 1717 the operation is made in contracts of amounts less than $2,500
1689 officer, director, owner, or partner who is a individual 1718 $1,000 for the purpose of evading this part or otherwise.
1690 registered landscape architect architects employed by or 1719 (b) To a person who advertises that he or she is a
1691 practicing with the corporation or partnership. 1720 contractor or otherwise represents that he or she is qualified
1692 Section 59. Subsection (5) of section 481.329, Florida 1721 to engage in contracting.
1693 Statutes, is amended to read: 1722 Section 61. Subsection (2) of section 489.111, Florida
1694 481.329 Exceptions; exemptions from licensure.— 1723 Statutes, is amended to read:
1695 (5) This part does not prohibit any person from engaging in 1724 489.111 Licensure by examination.—
1696 the practice of landscape design, as defined in s. 481.303 s. 1725 (2) A person shall be eligible for licensure by examination
1697 481.303(7), or from submitting for approval to a governmental 1726 if the person:
1698 agency planting plans that are independent of, or a component 1727 (a) Is 18 years of age;
1699 of, construction documents that are prepared by a Florida- 1728 (b) Is of good moral character; and
1700 registered professional. Persons providing landscape design 1729 (c) Meets eligibility requirements according to one of the
1701 services shall not use the title, term, or designation 1730 following criteria:
1702 “landscape architect,” “landscape architectural,” “landscape 1731 1. Has received a baccalaureate degree from an accredited
1703 architecture,” “L.A.,” “landscape engineering,” or any 1732 4-year college in the appropriate field of engineering,
1704 description tending to convey the impression that she or he is a 1733 architecture, or building construction and has 1 year of proven
1705 landscape architect unless she or he is registered as provided 1734 experience in the category in which the person seeks to qualify.
1706 in this part. 1735 For the purpose of this part, a minimum of 2,000 person-hours
1707 Section 60. Subsection (9) of section 489.103, Florida 1736 shall be used in determining full-time equivalency.
1708 Statutes, is amended to read: 1737 2. Has a total of at least 4 years of active experience as
1709 489.103 Exemptions.—This part does not apply to: 1738 a worker who has learned the trade by serving an apprenticeship
1710 (9) Any work or operation of a casual, minor, or 1739 as a skilled worker who is able to command the rate of a
1711 inconsequential nature in which the aggregate contract price for 1740 mechanic in the particular trade or as a foreman who is in
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1741 charge of a group of workers and usually is responsible to a 1770 having previously passed take the general contractors’
1742 superintendent or a contractor or his or her equivalent, 1771 examination if he or she possesses a minimum of 4 years of
1743 provided, however, that at least 1 year of active experience 1772 proven experience in the classification in which he or she is
1744 shall be as a foreman. 1773 certified.
1745 3. Has a combination of not less than 1 year of experience 1774 5.a. An active certified air-conditioning Class C
1746 as a foreman and not less than 3 years of credits for any 1775 contractor is eligible to receive a certified air-conditioning
1747 accredited college-level courses; has a combination of not less 1776 Class B contractor license after passing or having previously
1748 than 1 year of experience as a skilled worker, 1 year of 1777 passed take the air-conditioning Class B contractors’
1749 experience as a foreman, and not less than 2 years of credits 1778 examination if he or she possesses a minimum of 3 years of
1750 for any accredited college-level courses; or has a combination 1779 proven experience in the classification in which he or she is
1751 of not less than 2 years of experience as a skilled worker, 1 1780 certified.
1752 year of experience as a foreman, and not less than 1 year of 1781 b. An active certified air-conditioning Class C contractor
1753 credits for any accredited college-level courses. All junior 1782 is eligible to receive a certified air-conditioning Class A
1754 college or community college-level courses shall be considered 1783 contractor license after passing or having previously passed
1755 accredited college-level courses. 1784 take the air-conditioning Class A contractors’ examination if he
1756 4.a. An active certified residential contractor is eligible 1785 or she possesses a minimum of 4 years of proven experience in
1757 to receive a certified building contractor license after passing 1786 the classification in which he or she is certified.
1758 or having previously passed take the building contractors’ 1787 c. An active certified air-conditioning Class B contractor
1759 examination if he or she possesses a minimum of 3 years of 1788 is eligible to receive a certified air-conditioning Class A
1760 proven experience in the classification in which he or she is 1789 contractor license after passing or having previously passed
1761 certified. 1790 take the air-conditioning Class A contractors’ examination if he
1762 b. An active certified residential contractor is eligible 1791 or she possesses a minimum of 1 year of proven experience in the
1763 to receive a certified general contractor license after passing 1792 classification in which he or she is certified.
1764 or having previously passed take the general contractors’ 1793 6.a. An active certified swimming pool servicing contractor
1765 examination if he or she possesses a minimum of 4 years of 1794 is eligible to receive a certified residential swimming pool
1766 proven experience in the classification in which he or she is 1795 contractor license after passing or having previously passed
1767 certified. 1796 take the residential swimming pool contractors’ examination if
1768 c. An active certified building contractor is eligible to 1797 he or she possesses a minimum of 3 years of proven experience in
1769 receive a certified general contractor license after passing or 1798 the classification in which he or she is certified.
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1799 b. An active certified swimming pool servicing contractor 1828 United States territorial licensing examination that is
1800 is eligible to receive a certified commercial swimming pool 1829 substantially equivalent to the examination required by this
1801 contractor license after passing or having previously passed 1830 part; and has satisfied the requirements set forth in s.
1802 take the swimming pool commercial contractors’ examination if he 1831 489.111;
1803 or she possesses a minimum of 4 years of proven experience in 1832 (b) Holds a valid license to practice contracting issued by
1804 the classification in which he or she is certified. 1833 another state or territory of the United States, if the criteria
1805 c. An active certified residential swimming pool contractor 1834 for issuance of such license were substantially equivalent to
1806 is eligible to receive a certified commercial swimming pool 1835 Florida’s current certification criteria; or
1807 contractor license after passing or having previously passed 1836 (c) Holds a valid, current license to practice contracting
1808 take the commercial swimming pool contractors’ examination if he 1837 issued by another state or territory of the United States, if
1809 or she possesses a minimum of 1 year of proven experience in the 1838 the state or territory has entered into a reciprocal agreement
1810 classification in which he or she is certified. 1839 with the board for the recognition of contractor licenses issued
1811 d. An applicant is eligible to receive a certified swimming 1840 in that state, based on criteria for the issuance of such
1812 pool/spa servicing contractor license after passing or having 1841 licenses that are substantially equivalent to the criteria for
1813 previously passed take the swimming pool/spa servicing 1842 certification in this state; or
1814 contractors’ examination if he or she has satisfactorily 1843 (d) Has held a valid, current license to practice
1815 completed 60 hours of instruction in courses related to the 1844 contracting issued by another state or territory of the United
1816 scope of work covered by that license and approved by the 1845 States for at least 10 years before the date of application and
1817 Construction Industry Licensing Board by rule and has at least 1 1846 is applying for the same or similar license in this state,
1818 year of proven experience related to the scope of work of such a 1847 subject to subsections (5)-(9). The board may consider whether
1819 contractor. 1848 such applicant has had a license to practice contracting
1820 Section 62. Subsection (3) of section 489.115, Florida 1849 revoked, suspended, or otherwise acted against by the licensing
1821 Statutes, is amended to read: 1850 authority of another state, territory, or country. Such
1822 489.115 Certification and registration; endorsement; 1851 application must be made either when the license in another
1823 reciprocity; renewals; continuing education.— 1852 state or territory is active or within 2 years after such
1824 (3) The board shall certify as qualified for certification 1853 license was last active.
1825 by endorsement any applicant who: 1854 Section 63. Subsection (5) of section 489.511, Florida
1826 (a) Meets the requirements for certification as set forth 1855 Statutes, is amended to read:
1827 in this section; has passed a national, regional, state, or 1856 489.511 Certification; application; examinations;
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1857 endorsement.— 1886 classroom hours of at least 50 minutes each of continuing
1858 (5) The board shall certify as qualified for certification 1887 education courses during each biennium since the issuance or
1859 by endorsement any individual applying for certification who: 1888 renewal of the certificate or registration. The board shall by
1860 (a) Meets the requirements for certification as set forth 1889 rule establish criteria for the approval of continuing education
1861 in this section; has passed a national, regional, state, or 1890 courses and providers and may by rule establish criteria for
1862 United States territorial licensing examination that is 1891 accepting alternative nonclassroom continuing education on an
1863 substantially equivalent to the examination required by this 1892 hour-for-hour basis.
1864 part; and has satisfied the requirements set forth in s. 1893 (4)
1865 489.521; or 1894 (b) Of the 11 14 classroom hours of continuing education
1866 (b) Holds a valid license to practice electrical or alarm 1895 required, at least 6 7 hours must be on technical subjects, 1
1867 system contracting issued by another state or territory of the 1896 hour on workers’ compensation, 1 hour on workplace safety, 1
1868 United States, if the criteria for issuance of such license was 1897 hour on business practices, and for alarm system contractors and
1869 substantially equivalent to the certification criteria that 1898 electrical contractors engaged in alarm system contracting, 2
1870 existed in this state at the time the certificate was issued; or 1899 hours on false alarm prevention.
1871 (c) Has held a valid, current license to practice 1900 Section 65. Paragraph (b) of subsection (1) of section
1872 electrical or alarm system contracting issued by another state 1901 489.518, Florida Statutes, is amended to read:
1873 or territory of the United States for at least 10 years before 1902 489.518 Alarm system agents.—
1874 the date of application and is applying for the same or similar 1903 (1) A licensed electrical or alarm system contractor may
1875 license in this state, subject to ss. 489.510 and 489.521(3)(a), 1904 not employ a person to perform the duties of a burglar alarm
1876 and subparagraph (1)(b)1. Such application must be made either 1905 system agent unless the person:
1877 when the license in another state or territory is active or 1906 (b) Has successfully completed a minimum of 14 hours of
1878 within 2 years after such license was last active. 1907 training within 90 days after employment, to include basic alarm
1879 Section 64. Subsection (3) and paragraph (b) of subsection 1908 system electronics in addition to related training including
1880 (4) of section 489.517, Florida Statutes, are amended to read: 1909 CCTV and access control training, with at least 2 hours of
1881 489.517 Renewal of certificate or registration; continuing 1910 training in the prevention of false alarms. Such training shall
1882 education.— 1911 be from a board-approved provider, and the employee or applicant
1883 (3) Each certificateholder or registrant shall provide 1912 for employment shall provide proof of successful completion to
1884 proof, in a form established by rule of the board, that the 1913 the licensed employer. The board shall by rule establish
1885 certificateholder or registrant has completed at least 11 14 1914 criteria for the approval of training courses and providers and
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1915 may by rule establish criteria for accepting alternative 1944 Section 67. Paragraph (i) of subsection (2) of section
1916 nonclassroom education on an hour-for-hour basis. The board 1945 548.003, Florida Statutes, is amended to read:
1917 shall approve providers that conduct training in other than the 1946 548.003 Florida State Boxing Commission.—
1918 English language. The board shall establish a fee for the 1947 (2) The Florida State Boxing Commission, as created by
1919 approval of training providers or courses, not to exceed $60. 1948 subsection (1), shall administer the provisions of this chapter.
1920 Qualified employers may conduct training classes for their 1949 The commission has authority to adopt rules pursuant to ss.
1921 employees, with board approval. 1950 120.536(1) and 120.54 to implement the provisions of this
1922 Section 66. Section 509.102, Florida Statutes, is created 1951 chapter and to implement each of the duties and responsibilities
1923 to read: 1952 conferred upon the commission, including, but not limited to:
1924 509.102 Mobile food dispensing vehicles; preemption.— 1953 (i) Designation and duties of a knockdown timekeeper.
1925 (1) As used in this section, the term “mobile food 1954 Section 68. Subsection (1) of section 548.017, Florida
1926 dispensing vehicle” means any vehicle that is a public food 1955 Statutes, is amended to read:
1927 service establishment and that is self-propelled or otherwise 1956 548.017 Participants, managers, and other persons required
1928 movable from place to place and includes self-contained 1957 to have licenses.—
1929 utilities, including, but not limited to, gas, water, 1958 (1) A participant, manager, trainer, second, timekeeper,
1930 electricity, or liquid waste disposal. 1959 referee, judge, announcer, physician, matchmaker, or promoter
1931 (2) Regulation of mobile food dispensing vehicles involving 1960 must be licensed before directly or indirectly acting in such
1932 licenses, registrations, permits, and fees and the regulation of 1961 capacity in connection with any match involving a participant. A
1933 the operation of mobile food dispensing vehicles is preempted to 1962 physician approved by the commission must be licensed pursuant
1934 the state. A municipality, county, or other local government 1963 to chapter 458 or chapter 459, must maintain an unencumbered
1935 entity may not: 1964 license in good standing, and must demonstrate satisfactory
1936 (a) Require a separate license, registration, or permit 1965 medical training or experience in boxing, or a combination of
1937 other than the license required under s. 509.241, or require the 1966 both, to the executive director before working as the ringside
1938 payment of any license, registration, or permit fee other than 1967 physician.
1939 the fee required under s. 509.251, as a condition for the 1968 Section 69. Paragraph (d) of subsection (1) of section
1940 operation of a mobile food dispensing vehicle within the 1969 553.5141, Florida Statutes, is amended to read:
1941 entity’s jurisdiction; 1970 553.5141 Certifications of conformity and remediation
1942 (b) Prohibit mobile food dispensing vehicles from operating 1971 plans.—
1943 within the entity’s jurisdiction. 1972 (1) For purposes of this section:
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1973 (d) “Qualified expert” means: 2002 (a) One architect licensed pursuant to chapter 481 with at
1974 1. An engineer licensed pursuant to chapter 471. 2003 least 5 years of experience in the design and construction of
1975 2. A certified general contractor licensed pursuant to 2004 buildings designated for Group E or Group I occupancies by the
1976 chapter 489. 2005 Florida Building Code registered to practice in this state and
1977 3. A certified building contractor licensed pursuant to 2006 actively engaged in the profession. The American Institute of
1978 chapter 489. 2007 Architects, Florida Section, is encouraged to recommend a list
1979 4. A building code administrator licensed pursuant to 2008 of candidates for consideration.
1980 chapter 468. 2009 (b) One structural engineer registered to practice in this
1981 5. A building inspector licensed pursuant to chapter 468. 2010 state and actively engaged in the profession. The Florida
1982 6. A plans examiner licensed pursuant to chapter 468. 2011 Engineering Society is encouraged to recommend a list of
1983 7. An interior designer registered licensed pursuant to 2012 candidates for consideration.
1984 chapter 481. 2013 (c) One air-conditioning contractor, or mechanical
1985 8. An architect licensed pursuant to chapter 481. 2014 contractor, or mechanical engineer certified to do business in
1986 9. A landscape architect licensed pursuant to chapter 481. 2015 this state and actively engaged in the profession. The Florida
1987 10. Any person who has prepared a remediation plan related 2016 Air Conditioning Contractors Association, the Florida
1988 to a claim under Title III of the Americans with Disabilities 2017 Refrigeration and Air Conditioning Contractors Association, and
1989 Act, 42 U.S.C. s. 12182, that has been accepted by a federal 2018 the Mechanical Contractors Association of Florida, and the
1990 court in a settlement agreement or court proceeding, or who has 2019 Florida Engineering Society are encouraged to recommend a list
1991 been qualified as an expert in Title III of the Americans with 2020 of candidates for consideration.
1992 Disabilities Act, 42 U.S.C. s. 12182, by a federal court. 2021 (d) One electrical contractor or electrical engineer
1993 Section 70. Effective January 1, 2021, subsection (1) of 2022 certified to do business in this state and actively engaged in
1994 section 553.74, Florida Statutes, is amended to read: 2023 the profession. The Florida Association of Electrical
1995 553.74 Florida Building Commission.— 2024 Contractors, and the National Electrical Contractors
1996 (1) The Florida Building Commission is created and located 2025 Association, Florida Chapter, and the Florida Engineering
1997 within the Department of Business and Professional Regulation 2026 Society are encouraged to recommend a list of candidates for
1998 for administrative purposes. Members are appointed by the 2027 consideration.
1999 Governor subject to confirmation by the Senate. The commission 2028 (e) One member from fire protection engineering or
2000 is composed of 19 27 members, consisting of the following 2029 technology who is actively engaged in the profession. The
2001 members: 2030 Florida Chapter of the Society of Fire Protection Engineers and
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2031 the Florida Fire Marshals and Inspectors Association are 2060 Services.
2032 encouraged to recommend a list of candidates for consideration. 2061 (l) One member who is a county codes enforcement official.
2033 (e)(f) One certified general contractor or one certified 2062 The Building Officials Association of Florida is encouraged to
2034 building contractor certified to do business in this state and 2063 recommend a list of candidates for consideration.
2035 actively engaged in the profession. The Associated Builders and 2064 (j)(m) One member of a Florida-based organization of
2036 Contractors of Florida, the Florida Associated General 2065 persons with disabilities or a nationally chartered organization
2037 Contractors Council, the Florida Home Builders Association, and 2066 of persons with disabilities with chapters in this state which
2038 the Union Contractors Association are encouraged to recommend a 2067 complies with or is certified to be compliant with the
2039 list of candidates for consideration. 2068 requirements of the Americans with Disability Act of 1990, as
2040 (f)(g) One plumbing contractor licensed to do business in 2069 amended.
2041 this state and actively engaged in the profession. The Florida 2070 (k)(n) One member of the manufactured buildings industry
2042 Association of Plumbing, Heating, and Cooling Contractors is 2071 who is licensed to do business in this state and is actively
2043 encouraged to recommend a list of candidates for consideration. 2072 engaged in the industry. The Florida Manufactured Housing
2044 (g)(h) One roofing or sheet metal contractor certified to 2073 Association is encouraged to recommend a list of candidates for
2045 do business in this state and actively engaged in the 2074 consideration.
2046 profession. The Florida Roofing, Sheet Metal, and Air 2075 (o) One mechanical or electrical engineer registered to
2047 Conditioning Contractors Association and the Sheet Metal and Air 2076 practice in this state and actively engaged in the profession.
2048 Conditioning Contractors’ National Association are encouraged to 2077 The Florida Engineering Society is encouraged to recommend a
2049 recommend a list of candidates for consideration. 2078 list of candidates for consideration.
2050 (h)(i) One certified residential contractor licensed to do 2079 (p) One member who is a representative of a municipality or
2051 business in this state and actively engaged in the profession. 2080 a charter county. The Florida League of Cities and the Florida
2052 The Florida Home Builders Association is encouraged to recommend 2081 Association of Counties are encouraged to recommend a list of
2053 a list of candidates for consideration. 2082 candidates for consideration.
2054 (i)(j) Three members who are municipal, county, or district 2083 (l)(q) One member of the building products manufacturing
2055 codes enforcement officials, one of whom is also a fire 2084 industry who is authorized to do business in this state and is
2056 official. The Building Officials Association of Florida and the 2085 actively engaged in the industry. The Florida Building Material
2057 Florida Fire Marshals and Inspectors Association are encouraged 2086 Association, the Florida Concrete and Products Association, and
2058 to recommend a list of candidates for consideration. 2087 the Fenestration Manufacturers Association are encouraged to
2059 (k) One member who represents the Department of Financial 2088 recommend a list of candidates for consideration.
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2089 (m)(r) One member who is a representative of the building 2118 candidates for consideration.
2090 owners and managers industry who is actively engaged in 2119 (y) One member who shall be the chair.
2091 commercial building ownership or management. The Building Owners 2120 Section 71. Subsection (7) of section 558.002, Florida
2092 and Managers Association is encouraged to recommend a list of 2121 Statutes, is amended to read:
2093 candidates for consideration. 2122 558.002 Definitions.—As used in this chapter, the term:
2094 (n)(s) One member who is a representative of the insurance 2123 (7) “Design professional” means a person, as defined in s.
2095 industry. The Florida Insurance Council is encouraged to 2124 1.01, who is licensed in this state as an architect, interior
2096 recommend a list of candidates for consideration. 2125 designer, a landscape architect, an engineer, a surveyor, or a
2097 (t) One member who is a representative of public education. 2126 geologist or who is a registered interior designer, as defined
2098 (o)(u) One member who is a swimming pool contractor 2127 in s. 481.203.
2099 licensed to do business in this state and actively engaged in 2128 Section 72. Subsection (3) of section 559.25, Florida
2100 the profession. The Florida Swimming Pool Association and the 2129 Statutes, is amended to read:
2101 United Pool and Spa Association are encouraged to recommend a 2130 559.25 Exemptions.—The provisions of this part shall not
2102 list of candidates for consideration. 2131 apply to or affect the following persons:
2103 (p)(v) One member who is a representative of the green 2132 (3) Duly licensed auctioneers, selling at auction.
2104 building industry and who is a third-party commission agent, a 2133 Section 73. Paragraphs (h) and (k) of subsection (2) of
2105 Florida board member of the United States Green Building Council 2134 section 287.055, Florida Statutes, are amended to read:
2106 or Green Building Initiative, a professional who is accredited 2135 287.055 Acquisition of professional architectural,
2107 under the International Green Construction Code (IGCC), or a 2136 engineering, landscape architectural, or surveying and mapping
2108 professional who is accredited under Leadership in Energy and 2137 services; definitions; procedures; contingent fees prohibited;
2109 Environmental Design (LEED). 2138 penalties.—
2110 (q)(w) One member who is a representative of a natural gas 2139 (2) DEFINITIONS.—For purposes of this section:
2111 distribution system and who is actively engaged in the 2140 (h) A “design-build firm” means a partnership, corporation,
2112 distribution of natural gas in this state. The Florida Natural 2141 or other legal entity that:
2113 Gas Association is encouraged to recommend a list of candidates 2142 1. Is certified under s. 489.119 to engage in contracting
2114 for consideration. 2143 through a certified or registered general contractor or a
2115 (x) One member who is a representative of the Department of 2144 certified or registered building contractor as the qualifying
2116 Agriculture and Consumer Services’ Office of Energy. The 2145 agent; or
2117 Commissioner of Agriculture is encouraged to recommend a list of 2146 2. Is qualified certified under s. 471.023 to practice or
Page 73 of 75 Page 74 of 75
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2147 to offer to practice engineering; qualified certified under s.
2148 481.219 to practice or to offer to practice architecture; or
2149 qualified certified under s. 481.319 to practice or to offer to
2150 practice landscape architecture.
2151 (k) A “design criteria professional” means a firm that is
2152 qualified who holds a current certificate of registration under
2153 chapter 481 to practice architecture or landscape architecture
2154 or a firm who holds a current certificate as a registered
2155 engineer under chapter 471 to practice engineering and who is
2156 employed by or under contract to the agency for the providing of
2157 professional architect services, landscape architect services,
2158 or engineering services in connection with the preparation of
2159 the design criteria package.
2160 Section 74. Except as otherwise expressly provided in this
2161 act, this act shall take effect July 1, 2020.
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Duplicate
The Florida Senate
APPEARANCE RECORD
All
Meeting Date
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Bill Number (if applicable)
Topic Op fl>resS/QfJS Otcurft V/ -' Amendment Barcode (if applicable)
Name
Job Title
Address A/o 1. M / &os aT7 Phone ~ if3 tijcA-L1
Street
lALU\HK<A e t 3 20 JL Email c w/d
City . State Zip
Speaking: Q For I I A ainst I I Information Waive Speaking: pHln Support I I Against
(The Chair will read this information into the record.)
Reoresentina vf J Ttfdftyc ~l)€5/{j 7dTczjZj9& f&S
DBS** As oc*
Appearing at request of Chair: | | Yes | | No Lobbyist registered with Legislature: _] Yes | | No
While it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meeting. S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
Z / H /Zo
(Meeting Date
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
h
Bill Number (if applicable)
Topic
(
V I ,y C r, Aj Amendment Barcode (if applicable)
Name
Job Title tw X C n, A-
Address 7
Sfreef
S > f Q v oe. ) r Oo Phone 3SO €» (o/ -OQz. i
Sfafe
z3o E ail \ le Cj-
Speaking. L por EJAgamst IU Information Waive Speaking: flr sup nrt | I A ainst
(The Chair will read this information into the record.)
Representing PL- Yid \<E, 1g» 1lS> gRS fy$ r|(
Appearing at request of Chair: Q Yes Q No Lobbyist registered with Legislature:
YesD No
While it is a Senate tradition to encourage public testimony,
nmony, timetime may
may not
not permit
permit all
all persons
persons wishing
wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their their remarks
remarks so
so that
that as
asmany
manypersons
personsas
aspossible
posl can be heard.
This form is part of the public record for this meetina
S-001 (10/14/1
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Nut 'plica ble)
Amendment Barcode (if ap licable)
Job Title
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
2 4 20
Meeting Date
474
Bill Number (if applicable)
Topic PROFESSIONS & OCCUPATIONS
Amendment Barcode (if applicable)
Name Dan Hendrickson
Job Title president Tallahassee Veterans Legal Collaborative
Address P0 Box 1201 Phone 850/570-1967
Street
Tallahassee FI 2302 Email danbhendrickson@comcast.net
City State Zip
Speaking: ForDA,,™, Information Waive Speaking I I
In Support | lAgainst
(The Chair will read this information into the record.)
Representing TALLAHASSEE VETERANS LEGAL COLLABORATIVE
Appearing at request of Chair: Yes[ No Lobbyist registered with Legislature: EDves 0 No
Wh/ie it is a Senate tradition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as poJ ble to hwt
This form is part of the public record for this meeting.
S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
2/4/20 SB 474
Meeting Date
Bill Number (if applicable)
Topic Deregulation of Professions and Occupations
Amendm nt Barcode (if applicable)
Name Logan Padgett
Job Title Director of Communications and Public Affairs
Address 00 N Duval Street Phone 850-386-3131
Street ~
Tallahassee FL 82301 Email lpadgett@jamesmadison.org
City State Zip ~
Speaking: [ Jpor QAgainst | |Information Waive Speaking: I I In Support I I Against
(The Chair will read this information into the record.)
Representing The James Madison Institute
Appearing at request of Chair: EZIves 0No Lobbyist registered with Legislature: I I Yes 0No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Th s form is port of the public record for this meeting. O r m
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic
Amendment Barcode (if applicable)
Name
Job Title
Address
Street
Phone
City
Email
State Zip
Speaking: For CZ]Against I I Information Waive Speaking: Lj In Support I I A ainst
(The Chair will read this information into the record.)
Representing :i
Appearing at request of Chair: OYesONo Lobbyist registered with Legislature: I IvesFlNo
Senatl tr ti0n l? enco ra9e public testimo"y- time may not permit all persons wishing to speak to be heard at this
meeting. Those who o spea may be as ed to limit their remar s so that as many persons as possible can be h!ar
This form is part of the public record for this meetina
S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
(De ver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic
Amendment Barcode (if applicable)
Name vOWW
job ™e -Am
Address 3 ) l LI. Phnnfi
6treei
VMK} PL: Fmai,
State 7in
Speaking: information
Waive peaking: 0 In Support [ Against
(777e Chair will read this information into the record.)
Representing
Appearing at request of Chair: Q Yes Q No
Lobbyist registered with Legislature: CD Yes Qj No
This form is part of the public record for this meeting.
S-001 (10/14/14)
The Florida Senate
appearance record
(Deliver BOTH copies of this form lo the Senator or Senate Professional Staff conduoting the meeting)
Meeting Date
Bill Number (if applicable)
Topic
Name ti i Amendment Barcode (if applicable)
Job Title
Address
Email
Speaking: UFor Against information
Waive Speaking: In Support F lAaainst
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Oves no
Lobbyist registered with Legislature: OYes Tno
meeting. 3f
This form is part of the ublic record for this me ting.
The Florida S nate
appearance record
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting, , i { f ,
Meeting Date
Bill Number (if applicable)
Amendment Barcode (if applicable)
Job Title
Address
Phone
City
State
Email
Zip
Speaking: For C Against I I Information
/V)laiV. S?eakin9: Din Support C]Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes Q No
Lobbyist registered with Legislature: CjYes No
This form is part of the public record for thi meeting.
The Florida Senate
appearance record
(JIaAA B0TH C°PieS °f lf,iS f0m t0 the Sena,0r °r S6nate Profe fo™' Staff conducing the meeting,
Meeting Date S Hll
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BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 660
INTRODUCER: Commerce and Tourism Committee and Senator Berman
SUBJECT: Uniform Commercial Real Estate Receivership Act
DATE: February 5, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Elsesser Cibula JU Favorable
2. McMillan McKay CM Fav/CS
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 660 adopts the Uniform Commercial Real Estate Receivership Act and authorizes a court
to appoint a receiver, who acting as the court’s agent, takes possession of, manages, and, in some
cases, transfers or sells property that is in danger of waste, loss, or diminution in value.
The bill covers interests in real property, as well as incidental personal property, related to the
use or operation of real property. However, the bill does not apply to real property improved by
one or two dwelling units which includes the homestead of an individual owner or an affiliate of
an individual owner.
The bill in large part codifies the common law of receivership, in some cases clarifying or
providing more specific procedures for the rules governing receiverships.
The bill takes effect July 1, 2020.
II. Present Situation:
Equitable receiverships are a creation of common law, which the Supreme Court has stated
should be reserved for cases involving fraud, self-dealing, or waste.1 The decision in equity to
appoint a receiver lies in the sound discretion of the trial court.2 Generally, a temporary receiver
1
Granada Lakes Villa Condominium Ass’n, Inc. v. Metro-Dade Investments Co., 125 So. 3d 756, 759 (Fla. 2013).
2
Ins. Mgmt, Inc. v. McLeod, 194 So. 2d 16, 17 (Fla. 3d DCA 1966).
BILL: CS/SB 660 Page 2
is appointed only to preserve the property and to protect the rights of all parties involved.3 Courts
should not interfere unless absolutely necessary to do complete justice.4
Separately, a statute can authorize the appointment of a receiver, and statutory receiverships
may serve a different role or purpose than an equitable receivership.5 Florida Statutes authorize
the appointment of a receiver in several situations that do not involve any of the common law
grounds of fraud, self-dealing, or waste for the appointment of an equitable receiver.6 Many
other statutes allow for a state agency or officer to seek the appointment of a receiver for certain
property.7 Further, a circuit court may appoint a receiver if, in a proceeding by a shareholder, “it
is established that the directors are deadlocked in the management of the corporate affairs,
the shareholders are unable to break the deadlock, and irreparable injury to the corporation is
threatened or being suffered.”8 “The appointment of receiver for a going corporation is a last
resort remedy, and should not be employed when another adequate remedy is available.”9 Instead
of restricting a court’s power to appoint a receiver, these statutory provisions authorize
a court to appoint a receiver under certain enumerated circumstances that do not involve any of
the common law grounds for the appointment of an equitable receiver.10
A receiver is typically appointed in foreclosure proceedings to preserve the status quo, preserve
the property, and collect and apply rents and profits to the payment of the mortgage.”11
Appointing a receiver is a rare and extraordinary remedy.12 To authorize the appointment of a
receiver, a petitioner must show clear legal right to the property in controversy, or that he
has some lien upon or property right in it, or that it constitutes a special fund of which he is
entitled to satisfaction of his demand.13 While the parties’ agreement to the appointment of a
receiver is considered in determining whether to grant an ex parte receivership, it alone is not
dispositive.14
The notice provisions of Florida Rule of Civil Procedure 1.610 apply to an application for
3
Id.
4
Recarey v. Rader, 320 So. 2d 28, 30 (Fla. 3d DCA 1975).
5
Granada Lakes, 125 So. 2d at 759.
6
Id; see, e.g., s.393.0678, F.S. (authorizing the appointment of a receiver for a “residential habilitation center or a group
home facility owned and operated by a corporation or partnership” under certain circumstances); s. 607.1432, F.S.
(authorizing the appointment of a receiver for the purpose of winding up and liquidating a corporation); s. 605.0704 (winding
up and liquidating a limited liability company); s. 658.79, F.S. (authorizing the appointment of a receiver for an insolvent
bank for the purpose of taking charge of the assets and affairs of the bank); s. 631.0515, F.S. (authorizing the appointment of
a receiver for the purpose of winding up a deadlocked but not insolvent corporation that owns all the stock of a Florida
insurer); ss. 719.1124, 720.3053, F.S. (cooperative or homeowners’ association if association fails to fill vacancies on board
of administration).
7
See, e.g., s. 400.966, F.S. (authorizing the appointment of a receiver for intermediate care facilities for the developmentally
disabled); s. 409.994 (authorizing the appointment of a receiver for community-based care agencies); s. 394.903 (crisis
stabilization unit or residential treatment facility); s. 429.22, F.S. (authorizing the appointment of a receiver for assisted living
facilities); s. 497.160, F.S. (authorizing the appointment of a receiver for funeral, cemetery, and consumer services).
8
Wenzel v. Burman, 76 So. 3d 1005, 1006 (Fla. 3d DCA 2011) (quoting s. 607.1430(2)(a), F.S. (2011)).
9
Rader, 320 So. 2d at 30.
10
Id.
11
DeSilva v. First Cmty. Bank of Am., 42 So. 3d 285, 290 (Fla. 2d DCA 2010).
12
Plaza v. Plaza, 78 So. 3d 4, 6 (Fla. 3d DCA 2011).
13
Apalachicola N.R. Co. v. Sommers, 85 So. 361, 361 (1920).
14
DeSilva, 42 So. 2d at 288.
BILL: CS/SB 660 Page 3
receivership.15 Ordinarily, a hearing is required before appointment of a receiver.16 Pursuant to
rule 1.610, a receiver can be appointed without notice or a hearing if: (1) it appears from the
specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss,
or damage will result to the movant before the adverse party can be heard in opposition; (2) the
movant’s attorney certifies in writing any efforts that have been made to give notice and the
reasons why notice should not be required; and (3) the trial court’s order defines the injury,
states why the injury may be irreparable, and gives the reasons why the order was granted
without notice if notice was not given.17 The party requesting the appointment of a receiver
without notice must set forth, in sworn form and with sufficient particularity, specific facts and
circumstances reflecting that delay in appointing the receiver will result in irreparable injury to
the property, or that giving notice itself will precipitate such injury to the property.18 Thus, a
receivership might be appropriate without notice and a hearing if the property is at immediate
risk of being diverted, dissipated, destroyed, allowed to deteriorate, or wasted.19
A bond with “good and sufficient surety” should be required on the appointment of a receiver
unless exceptional circumstances precluding the need or ability to provide a bond are present in
the case.20 The party seeking appointment of a receiver should pay a receivership bond adequate
to indemnify an adverse party any damages it might suffer through the receivership of its
property.21 Additionally, the receiver should post bond to cover the damages that will be incurred
if the receiver fails in his duties.22
The trial court’s grant or denial of the appointment of a receiver and the court’s termination or
refusal to terminate a receivership is an appealable nonfinal order.23
The courts are generally vested with considerable discretion in determining who will pay the
cost and expenses of receiverships.24
The appointment of a receiver in a case filed in federal court based on diversity jurisdiction is
governed by federal law.25
III. Effect of Proposed Changes:
The bill authorizes a court to appoint as its agent a receiver, who takes possession of, manages,
and, in some cases, transfers or sells property that is in danger of waste, loss, or diminution in
value.
15
See Fla. R. Civ. P. 1.620(a).
16
Edenfield v. Crisp, 186 So.2d 545, 548 (Fla. 2d DCA 1966).
17
DeSilva, 42 So. 3d at 288 (citing Fla. R. Civ. P. 1.610(a)(1)-(2).
18
Id. (citing Fla. R. Civ. P. 1.610(a)(1)(A)).
19
Id.
20
Turtle Lake Associates, Ltd. V. Third Financial Servs., Inc., 518 So. 2d 959, 961-62 (Fla. 1st DCA 1988).
21
See Id.
22
Id.
23
Fla. R. App. P. 9.130(3)(D).
24
Barredo v. Skyfrieght, 430 So. 2d 513, 514 (Fla. 3d DCA 1983).
25
Nat’l Partnership Inv. Corp. v. Nat’l Housing Development Corp., 153 F.3d 1289, 1291 (11th Cir. 1998).
BILL: CS/SB 660 Page 4
The bill does not apply to real property improved by one or two dwelling units, to residential real
property occupied by the owner or the owner’s immediate family, to personal property used
primarily for personal, family, or household purposes. The bill does not apply to homestead
property. The bill applies to property that is commercial in nature, and thus can apply to
residential property from which the owner collects rents from tenants. The principles of law and
equity supplement the bill unless they are displaced by a particular provision of the bill.
General Purposes and Procedure for Appointment of Receiver
The bill allows a court to appoint a receiver before a judgment on the property has been entered
to protect the interests of a party that demonstrates an apparent right, title, or interest in real
property that is the subject of the action, if the property (or its revenue-producing potential) (1) is
being subjected to or is in danger of waste, loss, substantial diminution in value, dissipation, or
impairment, or (2) is or is about to be the subject of a voidable transaction (most commonly due
to fraud).26 If a judgement has been entered, the bill authorizes a court to appoint a receiver to
enforce the judgment or to protect the real property during the pendency of an appeal of the
judgment.
The provision for post-judgment appointment expands the common law, as courts have noted
that the appointment of a receiver after entry of a judgment generally serves “no good purpose,”
and should happen only “where it appears that to protect the interests of all parties the decree of
sale under foreclosure is to be postponed until the termination of other litigation ... and where the
terms of the mortgage being foreclosed specifically provide for the appointment of a receiver by
the court, the complainant is entitled to the appointment of such receiver pending the execution
of the final decree.”27 The bill is consistent with the common law’s allowance of the appointment
of a receiver post-judgment to protect the interest of parties, but additionally allows the court to
appoint a receiver post-judgment to carry the judgment into effect.
Appointment of Receivers in Connection with Foreclosures
More specifically, the bill allows a court to appoint a receiver in connection with a mortgage
foreclosure or enforcement if:
Appointment is necessary to avoid waste, loss, diminution in value, transfer, dissipation, or
impairment of the subject property,
The mortgagor agreed to the appointment of a receiver upon default,
The owner agreed to the appointment of a receiver after default,
The subject property and other collateral held by the mortgagee are not valuable enough to
pay the secured obligation,
In the case of a rental property, the owner fails to turn over collected rents or mortgage
proceeds, or
The holder of a subordinate lien obtains a receiver for the property.
26
“A fraudulent transfer of property is voidable at the instance of a creditor.” Smith v. Effective Teleserives, Inc., 133 So. 3d
1048, 1052 (Fla. 4th DCA 2014); see also s. 726.109(1), F.S.
27
U.S. Bank Nat. Ass’n v. Cramer, 113 So. 3d 1020, 1023 (Fla. 2d DCA 2013).
BILL: CS/SB 660 Page 5
Court Authority to Stay Proceedings over Receivership Property
The bill authorizes a court, after notice and opportunity for a hearing, to stay all proceedings to
obtain possession or control over the receivership property or to enforce a lien against the
property; the court may enjoin actions against the subject property. The court may condition the
stay on the payment of a bond by the party requesting the stay. The court’s order to stay
proceedings, however, does not stay a mortgage enforcement or foreclosure, a criminal
proceeding, or an action by a governmental unit enacting its regulatory power or tax authority.
The bill also provides that if the court grants an injunction, it must specify the reasons for entry
and the act or acts being restrained by the injunction.
Obligation to Turn Property over to Receiver
Once a receiver is appointed, the bill requires a person owing debt on receivership property to
pay the debt or turn over the subject property to the receiver on the receiver’s demand. If the
debtor has notice that a receiver has been appointed, the person does not satisfy the debt by
paying the owner. If a creditor has possession of the subject property, the creditor, rather than the
receiver, may retain possession of the subject property until the court orders adequate protection
of the creditor’s lien. A court may enter sanctions for civil contempt against a party that fails to
turn over property to the receiver.
Qualifications for Receivers
The bill describes the necessary qualifications for a receiver by listing criteria that disqualifies a
person from serving as a receiver. As a result, the qualifications under the bill are more stringent
than those described in the common law of equitable receiverships. Under the bill, a person may
not be a receiver if he or she is an “affiliate” of a party to the receivership action. An affiliate is
defined as a companion, family member, a person who lives in the same residence as the party,
or regarding a corporation or other non-individual entity, someone who controls the entity or is a
fiduciary of the entity. Additionally, a person may not be a receiver if the person has a financial
interest adverse to a party or has a financial interest in the outcome of the action, or has an equity
interest in a party.
Powers and Duties of Receivers
The bill authorizes a receiver to manage receivership property. If the receivership property is a
business, the receiver is authorized to operate the business. A receiver may assert rights of the
property owner. With court approval, the receiver may incur debt to benefit the receivership
property and make improvements to the property. The receiver may, with court approval, engage
with and pay professionals (such as attorneys, appraisers, auctioneers, or brokers) to assist in the
administration of the receivership.
Transfer of Receivership Property
Before a judgment on the property is entered, the receiver may, with court approval, sell, lease,
exchange, or transfer receivership property “other than in the ordinary course of business,” if the
BILL: CS/SB 660 Page 6
property owner expressly consents, in writing, to the receiver’s proposed transfer or fails to
object to the proposed transfer after receiving notice. After a judgment is entered, in the action in
which the receiver is appointed, the receiver, with court approval, may transfer property to carry
the judgement into effect or to preserve the property during the pendency of an appeal of the
judgment.
The court may order that these pre- and post-judgment transfers of property are free and clear of
liens on the property at the time of the transfer. If the court enters such an order, the liens that
were previously on the property then attach to the proceeds of the transfer of the property. This
transfer may occur in an open-market sale other than a public auction, and a creditor holding lien
on the property may purchase the property, with the purchase price offset by the amount secured
by the lien.
This provision allowing property transfers constitutes an expansion of the common law rule,
which states that although there may be instances in which the parties to a foreclosure could
agree that a sale by receiver would be appropriate, a sale by a receiver is ordinarily improper
and, even if authorized, should be carefully watched by the court.28
Receiver Authority Regarding Executory Contracts
The bill allows a receiver, with court approval, to accept or reject executory contracts of the
owner. This essentially codifies the common law rule that a receiver is generally not obligated to
carry out the executory contracts of the owner of the estate being administered unless he elects to
be bound thereby.29 Executory contracts are contracts where each party has remaining
unperformed obligations, including apartment leases and business real estate or equipment
leases.
If the receiver does not request court approval to adopt or reject the owner’s executory contract
within a reasonable time after being appointed, the receiver is deemed to have rejected the
contract. A receiver’s performance of an executory contract before court approval does not
constitute an adoption of the executory contract. If a receiver rejects an executory contract, any
right to possesses property pursuant to that contract is terminated.
If the receiver rejects an executory contract for sale of the receivership property that is real
property in possession of the purchaser, a receiver’s termination of the executory contract
constitutes a termination of the contract and the purchaser has a lien on the property for the
recovery of any part of the purchase price the purchaser paid. Alternatively, the purchaser may
retain its right to possession of the property and continue to perform all obligations under the
executory contract, offsetting any damages caused by the owner’s nonperformance.
If the executory contract in question is an unexpired lease on real property for which the owner is
landlord, the receiver may not reject this contract if:
The property is a tenant’s primary residence,
The receiver was appointed at the request of someone other than the mortgagee (i.e. the
28
MB Plaza, LLC v. Wells Fargo Bank, Nat. Ass’n, 72 So. 3d 205, 207 n.1 (Fla. 2d DCA 2011).
29
Real Estate Marketers, Inc. v. Wheeler, 298 So. 2d 481, 483 (Fla. 1st DCA 1974).
BILL: CS/SB 660 Page 7
lender), or
The receiver was appointed at the request of the mortgagee/lender, and
o The lease is superior to the lien of the mortgage,
o The tenant has an enforceable agreement with the mortgagee or holder of a senior lien
o requiring that the tenant’s occupancy will not be disturbed as long as the tenant performs
its obligations under the lease,
o The mortgagee consented to the lease, or
o The terms of the lease were reasonable and the tenant had no actual or constructive
knowledge that the lease violated the mortgage.
Effect of Enforcement by Mortgagee
If a mortgagee requests appointment of a receiver to enforce a secured obligation, the
appointment does not make the mortgagee a possessor of the receivership property, does not
make the mortgagee an agent of the owner, does not make the secured obligation unenforceable,
or limit any right available to the mortgagee with respect to the secured obligation.
Receiver Liability and Reporting Requirements
The bill provides that a receiver may be sued personally for an act or omission in administering
receivership property if there is approval from the court that appointed the receiver. The court
may require the receiver to file reports describing the receiver’s activities, which may include
receipts and disbursements, payments made to professionals, and fees and expenses of the
receiver. After the receiver’s services are complete, the receiver must file a final report
describing the receiver’s activities, listing the receivership property and any property received
during the receivership, payments to professionals, listing distributions made or proposed to be
made to creditors, and requesting the approval of fees. After the court approves the receiver’s
final report and the receiver distributes all receivership property, the receiver is discharged.
Notice of Appointment of Receiver and Claims against and Distribution of Property
Upon appointment, the receiver must give notice to creditors of the owner of receivership
property either by mail or by publication as directed by the appointing court. The notice must
specify the dates by which creditors holding claims against the owner of the receivership
property must submit claims to the receiver; these dates must be at least 90 days after notice of
appointment of receivership. Failure to submit claims to the receiver can bar a creditor’s
entitlement to a distribution from the receivership. The bill describes facial requirements for a
claim submitted by the creditor. The receiver may object to a creditor’s claim, and the court may
allow or disallow the claim based on Florida law governing creditor claims.
The bill allows a court to appoint a receiver without notice to the adverse party if (1) it appears
that immediate injury, waste, or diminution in value to the subject real estate will occur and (2)
the attorney for the party moving for the appointment of a receiver certifies in writing that all
efforts have been made to notify all adverse parties, or the reasons why such notice should not be
required. The bill also requires the court’s order appointing a receiver to define the injury and
BILL: CS/SB 660 Page 8
state why it may be irreparable. Additionally, the court must explain why the order was granted
without providing notice to adverse parties. This provision mirrors the notice exception in
Florida Rule of Civil Procedure 1.610(a)(1).30
Removal of Receiver and Termination of Receivership
The appointing court may remove a receiver for cause and must replace a receiver that is
removed, dies, or resigns. The appointing court may discharge a receiver if the court finds
that the appointment of the receiver was improvident, the circumstances no longer warrant a
receiver, or the appointment of the receiver was sought in bad faith. If the appointment was
sought in bad faith, the court may asses against the person who sought the appointment, the fees
of the receivership, and the actual damages caused by the appointment.
Bonding Requirement
The bill requires that the party moving for appointment of a receiver give bond in an amount the
court deems proper before an order or injunction is entered. The bond must be conditioned for
the payment of costs and damages sustained by the adverse party if the order is improperly
entered. This provision effectively codifies a common law rule.31
Distribution of Receivership Property
The distribution of receivership property to a creditor with a perfected lien must be made in
accordance with the creditor’s priority based on Florida law. The distribution to a creditor with
an unsecured claim must be made as directed by the court. Therefore, the common law rule for
preference after appointment of a receiver remains that once property is placed under the control
of the court through appointment of a receiver, no creditor may obtain preference by any lien
rendered subsequent even if the suit under which the judgment lien is acquired was
commenced prior to the date of the order appointing the receiver.32 A receiver appointed by the
court has the status of a “lien creditor” as defined in s. 679.1021, F.S., (the Uniform Commercial
Code), and the receiver’s interest therefore takes priority over certain other security interests in
the receivership property.33
Miscellaneous Provisions
A party adversely affected by an injunction or order appointing receiver may move to dissolve or
modify the order at any time, and the court shall hear the motion within 5 days after the movant
applies for a hearing on the motion or at a time deemed reasonable by the court.
The bill does not apply to actions in which a state agency or officer is expressly authorized by
statute to seek or obtain the appointment of a receiver. The bill therefore does not affect the
receivership proceedings outlined in, e.g. s. 400.966, F.S. (intermediate care facilities for the
developmentally disabled); s. 409.994, F.S. (Community-based care agencies); s. 394.903 (crisis
30
DeSilva, 42 So. 3d at 288.
31
See Turtle Lake Associates, Ltd. V. Third Financial Servs., Inc., 518 So. 2d 959, 961-62 (Fla. 1st DCA 1988).
32
Sunland Mortg. Corp. v. Lewis, 515 So. 2d 1337, 1339 (Fla. 5th DCA 1987).
33
See ss. 679.334(4), 679.703, 679.704, and 679.705, F.S.
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stabilization unit or residential treatment facility); s. 429.22, F.S. (assisted living facilities).
The bill confers to the court appointing the receiver the exclusive jurisdiction to direct the
receiver and determine any controversy related to the receivership or receivership property. This
effectively codifies the common law rule.34
The bill allows the court to require the party seeking appointment of a receiver to give security to
cover any damages, reasonable attorneys’ fees, and costs incurred if the court later determines
that the appointment of a receiver was not justified. The court will remit the security to the party
who paid it if the court determines that the appointment of receiver was justified. This generally
codifies the common law rule, while defining a more specific procedure.35
The bill allows the appointing court to award the receiver reasonable and necessary fees, paid
from the receivership property. Alternatively, the court may order the fees be paid by a person
that requested the appointment of the receiver or a person whose conduct justified the
appointment of a receiver.
The bill allows a court to appoint a receiver that was appointed in another state as an ancillary
receiver to property located in Florida. This provision is consistent with the common law rule
that applies principles of comity, and Florida courts generally recognize a foreign receiver’s
standing to bring an action in this state.36 Under certain circumstances, a foreign receiver may be
listed as an ancillary receiver for property located in Florida.37
The bill takes effect July 1, 2020.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
34
See, e.g., Knickerbocker Trust Co. v. Green Bay Phosphate Co., 62 Fla. 519, 524 (Fla. 1911) (“A receiver is the agent of
the court ….”).
35
See Turtle Lake, 518 So. 2d at 961-62 (Fla. 1st DCA 1988).
36
Farley v. Farley, 790 So. 2d 574, 575 (Fla. 4th DCA 2001).
37
See Id. at 574.
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E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill may minimize the risk of the waste or dissipation of property that is the subject
of foreclosure proceedings, which will provide protection to creditors.
C. Government Sector Impact:
The bill adds procedures for the appointment of a receiver and may increase judicial
labor.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates the following sections of the Florida Statutes: 714.01, 714.02, 714.03, 714.04,
714.05, 714.06, 714.07, 714.08, 714.09, 714.10, 714.11, 714.12, 714.13, 714.14, 714.15, 714.16,
714.17, 714.18, 714.19, 714.20, 714.21, 714.22, 714.23, 714.24, 714.25, 714.26, 714.27, 714.28.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism Committee on February 5, 2020:
The committee substitute:
Adds “incidental” to modify personal property to clarify that only incidental personal
property located on the commercial property that was related to or used in operating
commercial property is governed by the Act;
Gives the court discretion to hear a motion to dissolve or modify an order appointing
a receiver at a time the court determines is reasonable and appropriate;
Gives the court discretion to hear a motion for relief from a stay or an injunction at a
time the court determines is reasonable and appropriate;
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Allows a person who is adversely affected by a stay or an injunction to apply to the
court for relief;
Clarifies that ch. 714 does not apply to real property improved by one or two dwelling
units which includes the homestead of an individual owner or an affiliate of an
individual owner;
Inserts “in writing” to avoid issues as to whether the owner of the subject property
actually provided consent to the receiver’s proposed use or transfer of the subject
property before a judgment was entered;
Clarifies that if service cannot be effectuated pursuant to ch. 48, F.S. on a financial
institution lienholder, as provided in s. 655.0201, F.S., the receiver may effect service
of notice on the nonparty lienholder pursuant to ch. 49, F.S. or as otherwise ordered
by the court; and
Clarifies that s. 714.16(3), F.S. is referring to “the action in which the receiver is
appointed.”
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 COMMITTEE AMENDMENT
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Berman) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 237 - 636
4 and insert:
5 (4) This chapter does not displace any existing rule of
6 procedural or judicial administration of this state governing
7 service or notice, including, without limitation, Rule 1.070,
8 Florida Rules of Civil Procedure, and Rule 2.525, Florida Rules
9 of Judicial Administration, which shall remain in full force and
10 effect.
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11 714.04 Scope; exclusions.—
12 (1) This chapter applies to a receivership initiated in a
13 court of this state for an interest in real property and any
14 incidental personal property related to or used in operating the
15 real property.
16 (2) This chapter does not apply to:
17 (a) Actions in which a state agency or officer is expressly
18 authorized by statute to seek or obtain the appointment of a
19 receiver;
20 (b) Actions authorized by or commenced under federal law;
21 (c) Real property improved by one or two dwelling units
22 which includes the homestead of an individual owner or an
23 affiliate of an individual owner;
24 (d) Property of an individual exempt from forced sale,
25 execution, or seizure under the laws of this state; or
26 (e) Personal property of an individual which is used
27 primarily for personal, family, or household purposes.
28 (3) This chapter does not limit the authority of a court to
29 appoint a receiver under the laws of this state other than this
30 chapter.
31 (4) This chapter does not limit an individual’s homestead
32 rights under the laws of this state or federal law.
33 (5) Unless displaced by a particular provision of this
34 chapter, the principles of law and equity, including the law
35 relative to capacity to contract, principal and agent, estoppel,
36 laches, fraud, misrepresentation, duress, coercion, mistake,
37 bankruptcy, or other validating or invalidating cause,
38 supplement this chapter.
39 714.05 Power of the court.—The court that appoints a
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40 receiver under this chapter has exclusive jurisdiction to direct
41 the receiver and determine any controversy related to the
42 receivership or receivership property.
43 714.06 Appointment of receiver.—
44 (1) The court may appoint a receiver:
45 (a) Before judgment, to protect a party that demonstrates
46 an apparent right, title, or interest in real property that is
47 the subject of the action, if the property or its revenue-
48 producing potential:
49 1. Is being subjected to or is in danger of waste, loss,
50 substantial diminution in value, dissipation, or impairment; or
51 2. Has been or is about to be the subject of a voidable
52 transaction;
53 (b) After judgment:
54 1. To carry the judgment into effect; or
55 2. To preserve nonexempt real property pending appeal or
56 when an execution has been returned unsatisfied and the owner
57 refuses to apply the property in satisfaction of the judgment;
58 (c) In an action in which a receiver for real property may
59 be appointed on equitable grounds, subject to the requirements
60 of paragraphs (a) and (b); or
61 (d) During the time allowed for redemption, to preserve
62 real property sold in an execution or foreclosure sale and
63 secure its rents to the person entitled to the rents.
64 (2) In connection with the foreclosure or other enforcement
65 of a mortgage, the court shall consider the following facts and
66 circumstances, together with any other relevant facts, in
67 deciding whether to appoint a receiver for the mortgaged
68 property:
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69 (a) Appointment is necessary to protect the property from
70 waste, loss, substantial diminution in value, transfer,
71 dissipation, or impairment;
72 (b) The mortgagor agreed in a signed record to the
73 appointment of a receiver on default;
74 (c) The owner agreed, after default and in a signed record,
75 to appointment of a receiver;
76 (d) The property and any other collateral held by the
77 mortgagee are not sufficient to satisfy the secured obligation;
78 (e) The owner fails to turn over to the mortgagee proceeds
79 or rents the mortgagee was entitled to collect; or
80 (f) The holder of a subordinate lien obtains appointment of
81 a receiver for the property.
82 (3) The court may condition the appointment of a receiver
83 without prior notice or hearing under s. 714.03 on the giving of
84 security by the person seeking the appointment for the payment
85 of damages, reasonable attorney fees, and costs incurred or
86 suffered by any person if the court later concludes that the
87 appointment was not justified. If the court later concludes that
88 the appointment was justified and the order of appointment of
89 the receiver becomes final and no longer subject to appeal, the
90 court shall release the bond or other security. When any order
91 appointing a receiver or providing for injunctive relief is
92 issued on the pleading of a municipality or the state, or any
93 officer, agency, or political subdivision thereof, the court may
94 require or dispense with a bond, with or without surety, and
95 conditioned in the same manner, having due regard for public
96 interest.
97 (4) A party adversely affected by an order appointing a
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98 receiver may move to dissolve or modify the order at any time.
99 If a party moves to dissolve or modify the order, the motion
100 must be heard within 5 days after the movant applies for a
101 hearing on the motion or at such time as the court determines is
102 reasonable and appropriate under the circumstances after the
103 movant applies for a hearing on the motion. After notice and a
104 hearing, the court may grant relief for cause shown.
105 714.07 Disqualification from appointment as receiver;
106 disclosure of interest.—
107 (1) The court may not appoint a person as receiver unless
108 the person submits to the court a statement under penalty of
109 perjury that the person is not disqualified.
110 (2) Except as otherwise provided in subsection (3), a
111 person is disqualified from appointment as receiver if the
112 person:
113 (a) Is an affiliate of a party;
114 (b) Has an interest materially adverse to an interest of a
115 party;
116 (c) Has a material financial interest in the outcome of the
117 action, other than compensation the court may allow the
118 receiver;
119 (d) Has a debtor-creditor relationship with a party; or
120 (e) Holds an equity interest in a party, other than a
121 noncontrolling interest in a publicly traded company.
122 (3) A person is not disqualified from appointment as
123 receiver solely because the person:
124 (a) Was appointed receiver or is owed compensation in an
125 unrelated matter involving a party or was engaged by a party in
126 a matter unrelated to the receivership;
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127 (b) Is an individual obligated to a party on a debt that is
128 not in default and was incurred primarily for personal, family,
129 or household purposes; or
130 (c) Maintains with a party a deposit account, as defined in
131 s. 679.1021.
132 (4) A person seeking appointment of a receiver may nominate
133 a person to serve as receiver, but the court is not bound by the
134 nomination.
135 714.08 Receiver’s bond; alternative security.—
136 (1) Except as otherwise provided in subsection (2), a
137 receiver shall post with the court a bond that:
138 (a) Is conditioned on the faithful discharge of the
139 receiver’s duties;
140 (b) Has one or more sureties approved by the court;
141 (c) Is in an amount the court specifies; and
142 (d) Is effective as of the date of the receiver’s
143 appointment.
144 (2) The court may approve the receiver posting an
145 alternative security with the court, such as a letter of credit
146 or deposit of funds. The receiver may not use receivership
147 property as alternative security. Interest that accrues on
148 deposited funds must be paid to the receiver upon the receiver’s
149 discharge.
150 (3) The court may authorize a receiver to act before the
151 receiver posts the bond or alternative security required by this
152 section if the action is necessary to prevent or mitigate
153 immediate injury, loss, or damage to the party who sought the
154 appointment of the receiver, or immediate waste, dissipation,
155 impairment, or substantial diminution in value to the
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156 receivership property.
157 (4) A claim against a receiver’s bond or alternative
158 security must be made not later than 1 year after the date the
159 receiver is discharged.
160 714.09 Status of receiver as lien creditor.—Upon
161 appointment of a receiver, the receiver has the status of a lien
162 creditor under:
163 (1) Chapter 679 as to receivership property or fixtures;
164 and
165 (2) Chapter 695 as to receivership property that is real
166 property.
167 714.10 Security agreement covering after-acquired
168 property.—Except as otherwise provided by law other than this
169 chapter, property that a receiver or an owner acquires after
170 appointment of the receiver is subject to a security agreement
171 entered into before the appointment to the same extent as if the
172 court had not appointed the receiver.
173 714.11 Collection and turnover of receivership property.—
174 (1) Unless the court orders otherwise, on demand by a
175 receiver:
176 (a) A person that owes a debt that is receivership property
177 and is matured or payable on demand or on order shall pay the
178 debt to or on the order of the receiver, except to the extent
179 the debt is subject to setoff or recoupment; and
180 (b) Subject to subsection (3), a person that has
181 possession, custody, or control of receivership property shall
182 turn the property over to the receiver.
183 (2) A person that has notice of the appointment of a
184 receiver and owes a debt that is receivership property may not
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185 satisfy the debt by payment to the owner.
186 (3) If a creditor has possession, custody, or control of
187 receivership property and the validity, perfection, or priority
188 of the creditor’s lien on the property depends on the creditor’s
189 possession, custody, or control, the creditor may retain
190 possession, custody, or control until the court orders adequate
191 protection of the creditor’s lien.
192 (4) Unless a bona fide dispute exists about a receiver’s
193 right to possession, custody, or control of receivership
194 property, the court may sanction as civil contempt a person’s
195 failure to turn the property over when required by this section.
196 714.12 Powers and duties of receiver.—
197 (1) Except as limited by court order or the laws of this
198 state other than this chapter, a receiver may:
199 (a) Collect, control, manage, conserve, and protect
200 receivership property;
201 (b) Operate a business constituting receivership property,
202 including preservation, use, sale, lease, license, exchange,
203 collection, or disposition of the property in the ordinary
204 course of business;
205 (c) In the ordinary course of business, incur unsecured
206 debt and pay expenses incidental to the receiver’s preservation,
207 use, sale, lease, license, exchange, collection, or disposition
208 of receivership property;
209 (d) Assert a right, claim, cause of action, or defense of
210 the owner which relates to receivership property;
211 (e) Seek and obtain instruction from the court concerning
212 receivership property, exercise of the receiver’s powers, and
213 performance of the receiver’s duties;
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214 (f) Upon subpoena, compel a person to submit to examination
215 under oath, or to produce and permit inspection and copying of
216 designated records or tangible things, with respect to
217 receivership property or any other matter that may affect
218 administration of the receivership;
219 (g) Engage a professional pursuant to s. 714.15;
220 (h) Apply to a court of another state for appointment as
221 ancillary receiver with respect to receivership property located
222 in that state; and
223 (i) Exercise any power conferred by court order, this
224 chapter, or the laws of this state other than this chapter.
225 (2) With court approval, a receiver may:
226 (a) Incur debt for the use or benefit of receivership
227 property other than in the ordinary course of business;
228 (b) Make improvements to receivership property;
229 (c) Use or transfer receivership property other than in the
230 ordinary course of business pursuant to s. 714.16;
231 (d) Adopt or reject an executory contract of the owner
232 pursuant to s. 714.17;
233 (e) Pay compensation to the receiver pursuant to s. 714.21,
234 and to each professional engaged by the receiver under s.
235 714.15;
236 (f) Recommend allowance or disallowance of a claim of a
237 creditor pursuant to s. 714.20; and
238 (g) Make a distribution of receivership property pursuant
239 to s. 714.20.
240 (3) A receiver shall:
241 (a) Prepare and retain appropriate business records,
242 including a record of each receipt, disbursement, and
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243 disposition of receivership property;
244 (b) Account for receivership property, including the
245 proceeds of a sale, lease, license, exchange, collection, or
246 other disposition of the property;
247 (c) File with the recording office of the county in which
248 the real property is located a copy of the order appointing the
249 receiver and, if a legal description of the real property is not
250 included in the order, the legal description;
251 (d) Disclose to the court any fact arising during the
252 receivership which would disqualify the receiver under s.
253 714.07; and
254 (e) Perform any duty imposed by court order, this chapter,
255 or the laws of this state other than this chapter.
256 (4) The powers and duties of a receiver may be expanded,
257 modified, or limited by court order.
258 714.13 Duties of owner.—
259 (1) An owner shall:
260 (a) Assist and cooperate with the receiver in the
261 administration of the receivership and the discharge of the
262 receiver’s duties;
263 (b) Preserve and turn over to the receiver all receivership
264 property in the owner’s possession, custody, or control;
265 (c) Identify all records and other information relating to
266 the receivership property, including a password, authorization,
267 or other information needed to obtain or maintain access to or
268 control of the receivership property, and make available to the
269 receiver the records and information in the owner’s possession,
270 custody, or control;
271 (d) Upon subpoena, submit to examination under oath by the
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272 receiver concerning the acts, conduct, property, liabilities,
273 and financial condition of the owner or any matter relating to
274 the receivership property or the receivership; and
275 (e) Perform any duty imposed by court order, this chapter,
276 or the laws of this state other than this chapter.
277 (2) If an owner is a person other than an individual, this
278 section applies to each officer, director, manager, member,
279 partner, trustee, or other person exercising or having the power
280 to exercise control over the affairs of the owner.
281 (3) If a person knowingly fails to perform a duty imposed
282 by this section, the court may:
283 (a) Award the receiver actual damages caused by the
284 person’s failure, reasonable attorney fees, and costs; and
285 (b) Sanction the failure as civil contempt.
286 714.14 Stay; injunction.—
287 (1) Except as otherwise provided in subsection (5), after
288 notice and opportunity for a hearing, the court may enter an
289 order providing for a stay, applicable to all persons, of any
290 act, action, or proceeding:
291 (a) To obtain possession of, exercise control over, or
292 enforce a judgment against all or a portion of the receivership
293 property as defined in the order creating the stay; and
294 (b) To enforce a lien against all or a portion of the
295 receivership property to the extent the lien secures a claim
296 against the owner which arose before entry of the order.
297
298 The court shall include in its order a specific description of
299 the receivership property subject to the stay, and shall include
300 the following language in the title of the order: “Order Staying
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301 Certain Actions to Enforce Claims against Receivership
302 Property.”
303 (2) Except as otherwise provided in subsection (5), the
304 court may enjoin an act, action, or proceeding against or
305 relating to receivership property if the injunction is necessary
306 to protect against misappropriation of, or waste relating
307 directly to, the receivership property.
308 (3) If the court grants injunctive relief, the injunction
309 must specify the reasons for entry and must describe in
310 reasonable detail the act or acts restrained without reference
311 to a pleading or other document. The injunction is binding on
312 the parties to the action; on the parties’ officers, agents,
313 servants, employees, and attorneys; and on any person who
314 receives actual notice of the injunction and is in active
315 concert or participation with the parties.
316 (4) A person whose act, action, or proceeding is stayed or
317 enjoined under this section, or who is otherwise adversely
318 affected by such stay or injunction, may apply to the court for
319 relief from the stay or injunction. If a person moves for such
320 relief, the motion must be heard within 5 days after the movant
321 applies for a hearing on the motion or at such time as the court
322 determines is reasonable and appropriate under the circumstances
323 after the movant applies for a hearing on the motion. After
324 notice and a hearing, the court may grant relief for cause
325 shown.
326 (5) An order under subsection (1) or subsection (2) does
327 not operate as a stay or injunction of:
328 (a) Any act, action, or proceeding to foreclose or
329 otherwise enforce a mortgage by the person seeking appointment
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330 of the receiver;
331 (b) Any act, action, or proceeding to perfect, or maintain
332 or continue the perfection of, an interest in receivership
333 property;
334 (c) Commencement or continuation of a criminal proceeding;
335 (d) Commencement or continuation of an action or
336 proceeding, or enforcement of a judgment other than a money
337 judgment, in an action or proceeding by a governmental unit to
338 enforce its police or regulatory power; or
339 (e) Establishment by a governmental unit of a tax liability
340 against the receivership property or the owner of such
341 receivership property, or an appeal of any such liability.
342 (6) The court may void an act that violates a stay or
343 injunction under this section.
344 (7) The scope of the receivership property subject to the
345 stay under subsection (1) may be modified upon request of the
346 receiver or other person, after notice and an opportunity for a
347 hearing.
348 (8) In connection with the entry of an order under
349 subsection (1) or subsection (2), the court shall determine
350 whether an additional bond or alternative security will be
351 required as a condition to entry of the stay or injunction and,
352 if required, direct the party requesting the stay or injunction
353 to post a bond or alternative security as a condition for the
354 stay or injunction to become effective.
355 714.15 Engagement and compensation of professional.—
356 (1) With court approval, a receiver may engage an attorney,
357 an accountant, an appraiser, an auctioneer, a broker, or another
358 professional to assist the receiver in performing a duty or
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359 exercising a power of the receiver. The receiver shall disclose
360 to the court:
361 (a) The identity and qualifications of the professional;
362 (b) The scope and nature of the proposed engagement;
363 (c) Any potential conflict of interest; and
364 (d) The proposed compensation.
365 (2) A person is not disqualified from engagement under this
366 section solely because of the person’s engagement by,
367 representation of, or other relationship with the receiver, a
368 creditor, or a party. This chapter does not prevent the receiver
369 from serving in the receivership as an attorney, an accountant,
370 an auctioneer, or a broker when authorized by law.
371 (3) A receiver or professional engaged under subsection (1)
372 shall file with the court an itemized statement of the time
373 spent, work performed, and billing rate of each person that
374 performed the work and an itemized list of expenses. The
375 receiver shall pay the amount approved by the court.
376 714.16 Use or transfer of receivership property not in
377 ordinary course of business.—
378 (1) For the purposes of this section, the term “good faith”
379 means honesty in fact and the observance of reasonable
380 commercial standards of fair dealing.
381 (2) Before judgment is entered with respect to the
382 receivership property in the action in which the receiver is
383 appointed, with court approval after notice to all parties with
384 an interest in the property, including all lienholders, and a
385 hearing, a receiver may use or transfer by sale, lease, license,
386 exchange, or other disposition receivership property other than
387 in the ordinary course of business only if the owner of the
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388 property:
389 (a) After the commencement of the action in which the
390 receiver is appointed, expressly consents in writing to the
391 receiver’s proposed use or transfer of the receivership
392 property, and the receiver notes the property owner’s express
393 consent in the motion to approve the proposed use or transfer;
394 or
395 (b) Before or at the hearing on the receiver’s motion to
396 approve the use or transfer of the receivership property, fails
397 to object thereto after the receiver in good faith has provided
398 reasonable advance written notice to the property owner of the
399 proposed use or transfer, and the receiver demonstrates in the
400 motion that the proposed use or transfer is necessary to prevent
401 waste, loss, substantial diminution in value, dissipation, or
402 impairment of the property or its revenue-producing potential or
403 to prevent a voidable transaction involving the property.
404
405 Service of notice to lienholders who are not parties to the
406 action must be made as provided in chapter 48 for service of
407 original process or, in the case of a financial institution
408 lienholder, as provided in s. 655.0201. If service cannot be
409 effectuated in such manner, upon authorization by court order,
410 the receiver may effect service of notice on the nonparty
411 lienholder pursuant to chapter 49 or as otherwise ordered by the
412 court.
413 (3) After judgment is entered against the property owner
414 and with court approval in the action in which the receiver is
415 appointed, a receiver may use or transfer
416
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417 ================= T I T L E A M E N D M E N T ================
418 And the title is amended as follows:
419 Delete lines 8 - 47
420 and insert:
421 for certain court orders; providing construction and
422 applicability; specifying that a court has exclusive
423 jurisdiction to direct receivers and determine
424 controversies under certain circumstances; providing
425 requirements and authorizations relating to the
426 appointment of a receiver; authorizing certain parties
427 to move to dissolve or modify certain orders;
428 requiring that such motions be heard within a
429 specified timeframe; specifying when a person is or is
430 not disqualified from appointment as a receiver;
431 authorizing certain persons to nominate someone to
432 serve as a receiver; specifying that the court is not
433 bound by such nomination; requiring a receiver to post
434 a bond with the court which meets certain
435 requirements; providing an exception; prohibiting a
436 claim against a receiver’s bond or alternative
437 security from being made after a certain time;
438 providing that an appointed receiver has certain
439 statuses of a lien creditor; providing that certain
440 property is subject to specified security agreements;
441 providing requirements relating to the collection and
442 turnover of receivership property; providing for
443 powers and duties of a receiver; authorizing the court
444 to expand, modify, or limit such powers and duties;
445 providing for duties of an owner; authorizing a court
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446 to take certain actions if a person knowingly fails to
447 perform a duty; authorizing a court to take certain
448 actions relating to stays and injunctions; authorizing
449 certain persons to apply for relief from a stay or
450 injunction; requiring that certain motions be heard
451 within a specified timeframe; specifying when an order
452 does not operate as a stay or injunction; authorizing
453 receivers to engage and compensate certain
454 professionals under certain circumstances; requiring
455 certain persons to file an itemized statement with the
456 court; requiring a receiver to pay an amount approved
457 by the court; defining the term “good faith”;
458 authorizing a receiver to use or transfer receivership
459 property other than in the ordinary course of business
460 under certain circumstances; providing for the service
461 of notice to lienholders who are not parties to the
462 action;
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By Senator Berman
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1 A bill to be entitled 30 of a receiver; authorizing the court to expand,
2 An act relating to the Uniform Commercial Real Estate 31 modify, or limit such powers and duties; providing for
3 Receivership Act; creating chapter 714, F.S., relating 32 duties of an owner; authorizing a court to take
4 to the Uniform Commercial Real Estate Receivership 33 certain actions if a person knowingly fails to perform
5 Act; providing a short title; defining terms; 34 a duty; authorizing a court to take certain actions
6 prohibiting a court from issuing certain orders unless 35 relating to stays and injunctions; authorizing certain
7 certain requirements are met; providing requirements 36 persons to apply for relief from a stay or injunction;
8 for certain court orders; authorizing certain parties 37 specifying when an order does not operate as a stay or
9 to move to dissolve or modify certain orders; 38 injunction; authorizing receivers to engage and
10 requiring that such motions be heard within a 39 compensate certain professionals under certain
11 specified timeframe; providing construction and 40 circumstances; requiring certain persons to file an
12 applicability; specifying that a court has exclusive 41 itemized statement with the court; requiring a
13 jurisdiction to direct receivers and determine 42 receiver to pay an amount approved by the court;
14 controversies under certain circumstances; providing 43 defining the term “good faith”; authorizing a receiver
15 requirements and authorizations relating to the 44 to use or transfer receivership property other than in
16 appointment of a receiver; specifying when a person is 45 the ordinary course of business under certain
17 or is not disqualified from appointment as a receiver; 46 circumstances; providing for the service of notice to
18 authorizing certain persons to nominate someone to 47 lien holders who are not parties to the action;
19 serve as a receiver; specifying the court is not bound 48 defining the term “timeshare interest”; authorizing a
20 by such nomination; requiring a receiver to post a 49 receiver to adopt or reject an executory contract of
21 bond with the court which meets certain requirements; 50 the owner relating to receivership property under
22 providing an exception; prohibiting a claim against a 51 certain circumstances; requiring that a claim of
23 receiver’s bond or alternative security from being 52 damages for rejection of a contract be submitted
24 made after a certain time; providing that an appointed 53 within a specified timeframe; authorizing a purchaser
25 receiver has certain statuses of a lien creditor; 54 to take certain actions if a receiver rejects an
26 providing that certain property is subject to 55 executory contract under certain circumstances;
27 specified security agreements; providing requirements 56 prohibiting a receiver from rejecting unexpired leases
28 relating to the collection and turnover of 57 of certain property under certain circumstances;
29 receivership property; providing for powers and duties 58 providing for defenses and immunities of a receiver;
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59 providing requirements for interim reports filed by a 88 UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT
60 receiver; providing requirements relating to notices 89 714.01 Short title.—This chapter may be cited as the
61 of appointment; authorizing the court to enter certain 90 Uniform Commercial Real Estate Receivership Act.
62 orders if the court concludes that receivership 91 714.02 Definitions.—For the purposes of this chapter, the
63 property is likely to be insufficient to satisfy 92 term:
64 certain claims; providing requirements for certain 93 (1)“Affiliate” means:
65 distributions of receivership property; authorizing a 94 (a) With respect to an individual:
66 court to award fees and expenses; authorizing a court 95 1. A companion of the individual;
67 to order certain persons to pay fees and expenses; 96 2. A lineal ancestor or descendent, whether by blood or
68 providing for the removal and replacement of a 97 adoption, of:
69 receiver and the termination of a court’s 98 a. The individual; or
70 administration of the receivership property under 99 b. A companion of the individual;
71 certain circumstances; requiring a receiver to file a 100 3. A companion of an ancestor or descendent as described in
72 final report containing certain information upon 101 subparagraph 2.;
73 completion of the receiver’s duties; specifying that a 102 4. A sibling, aunt, uncle, great aunt, great uncle, first
74 receiver is discharged if certain requirements are 103 cousin, niece, nephew, grandniece, or grandnephew of the
75 met; authorizing a court to appoint ancillary 104 individual, whether related by the whole or the half blood or
76 receivers under certain circumstances; providing for 105 adoption, or a companion of any of them; or
77 rights, powers, and duties of an ancillary receiver; 106 5. Any other person occupying the residence of the
78 specifying that certain requests, appointments, and 107 individual; and
79 applications by a mortgagee do not have certain 108 (b) With respect to a person other than an individual:
80 effects; providing construction and applicability; 109 1. Another person who directly or indirectly controls, is
81 providing an effective date. 110 controlled by, or is under common control with the person;
82 111 2. An officer, director, manager, member, partner,
83 Be It Enacted by the Legislature of the State of Florida: 112 employee, or trustee or other fiduciary of the person; or
84 113 3. A companion of an individual or an individual occupying
85 Section 1. Chapter 714, Florida Statutes, consisting of 114 the residence of an individual.
86 sections 714.01-714.28, is created to read: 115 (2) “Companion” means:
87 CHAPTER 714 116 (a) The spouse of an individual;
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117 (b) The registered domestic partner of an individual; or 146 exchange, or other disposition of receivership property.
118 (c) Another individual in a civil union with an individual. 147 (b) Whatever is collected on, or distributed on account of,
119 (3) “Court” means the court of general equity jurisdiction 148 receivership property.
120 in this state. 149 (c) Rights arising out of receivership property.
121 (4) “Executory contract” means a contract, including a 150 (d) To the extent of the value of receivership property,
122 lease, under which each party has an unperformed obligation and 151 claims arising out of the loss, nonconformity, or interference
123 the failure of a party to complete performance would constitute 152 with the use of, defects or infringement of rights in, or damage
124 a material breach. 153 to the property.
125 (5) “Governmental unit” means an office, department, 154 (e) To the extent of the value of receivership property and
126 division, bureau, board, commission, or other agency of this 155 to the extent payable to the owner or mortgagee, insurance
127 state or a subdivision of this state. 156 payable by reason of the loss or nonconformity of, defects or
128 (6) “Lien” means an interest in property which secures 157 infringement of rights in, or damage to the property.
129 payment or performance of an obligation. 158 (13) “Property” means all of a person’s right, title, and
130 (7) “Mortgage” means a record, however denominated, that 159 interest, both legal and equitable, in real and personal
131 creates or provides for a consensual lien on real property or 160 property, tangible and intangible, wherever located and however
132 rents, even if the record also creates or provides for a lien on 161 acquired. The term includes proceeds, products, offspring,
133 personal property. 162 rents, or profits of or from the property.
134 (8) “Mortgagee” means a person entitled to enforce an 163 (14) “Receiver” means a person appointed by the court as
135 obligation secured by a mortgage. 164 the court’s agent, and subject to the court’s direction, to take
136 (9) “Mortgagor” means a person who grants a mortgage or a 165 possession of, manage, and, if authorized by this chapter or
137 successor in ownership of the real property described in the 166 court order, transfer, sell, lease, license, exchange, collect,
138 mortgage. 167 or otherwise dispose of receivership property.
139 (10) “Owner” means the person for whose property a receiver 168 (15) “Receivership” means a proceeding in which a receiver
140 is appointed. 169 is appointed.
141 (11) “Person” means an individual, estate, business or 170 (16) “Receivership property” means the property of an owner
142 nonprofit entity, public corporation, government or governmental 171 which is described in the order appointing a receiver or a
143 subdivision, agency, or instrumentality or other legal entity. 172 subsequent order. The term includes any proceeds, products,
144 (12) “Proceeds” means any of the following property: 173 offspring, rents, or profits of or from the property.
145 (a) Whatever is acquired on the sale, lease, license, 174 (17) “Record,” if used as a noun, means information that is
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175 inscribed on a tangible medium or that is stored on an 204 electronic sound, symbol, or process.
176 electronic or other medium and is retrievable in perceivable 205 (22) “State” means a state of the United States, the
177 form. 206 District of Columbia, Puerto Rico, the United States Virgin
178 (18) “Rents” means: 207 Islands, or any territory or insular possession subject to the
179 (a) Sums payable for the right to possess or occupy, or for 208 jurisdiction of the United States.
180 the actual possession or occupation of, real property of another 209 714.03 Notice and opportunity for hearing.—
181 person; 210 (1) Except as otherwise provided in subsection (2), the
182 (b) Sums payable to a mortgagor under a policy of rental- 211 court may issue an order under this chapter only after notice
183 interruption insurance covering real property; 212 and opportunity for a hearing appropriate under the
184 (c) Claims arising out of a default in the payment of sums 213 circumstances.
185 payable for the right to possess or occupy real property of 214 (2) The court may issue an order under this chapter without
186 another person; 215 written or oral notice to the adverse party only if:
187 (d) Sums payable to terminate an agreement to possess or 216 (a) It appears from the specific facts shown by affidavit
188 occupy real property of another person; 217 or verified pleading or motion that immediate and irreparable
189 (e) Sums payable to a mortgagor for payment or 218 injury, loss, or damage will result to the movant or that waste,
190 reimbursement of expenses incurred in owning, operating, and 219 dissipation, impairment, or substantial diminution in value will
191 maintaining real property or constructing or installing 220 result to the subject real estate before any adverse party can
192 improvements on real property; or 221 be heard in opposition; and
193 (f) Other sums payable under an agreement relating to the 222 (b) The movant’s attorney certifies in writing all efforts
194 real property of another person which constitute rents under the 223 that have been made to give notice to all known adverse parties,
195 laws of this state other than this act. 224 or the reasons why such notice should not be required.
196 (19) “Secured obligation” means an obligation the payment 225 (3) Only an affidavit, a declaration or a verified
197 or performance of which is secured by a security agreement. 226 pleading, or a motion may be used to support the application for
198 (20) “Security agreement” means an agreement that creates 227 the appointment of a receiver, unless the adverse party appears
199 or provides for a lien. 228 at the hearing or has received reasonable prior notice of the
200 (21) “Sign” means, with present intent to authenticate or 229 hearing. Every order appointing a receiver without notice must
201 adopt a record: 230 be endorsed with the date and hour of entry, must be filed
202 (a) To execute or adopt a tangible symbol; or 231 forthwith in the clerk’s office, must define the injury, must
203 (b) To attach to or logically associate with the record an 232 state findings by the court as to why the injury may be
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233 irreparable, and must give the reasons why the order was granted 262 service or notice, including, without limitation, Rule 1.070,
234 without notice if notice was not given. The order appointing a 263 Florida Rules of Civil Procedure and Rule 2.525, Florida Rules
235 receiver shall remain in effect until the further order of the 264 of Judicial Administration, which shall remain in full force and
236 court. 265 effect.
237 (4) An order appointing a receiver or providing for 266 714.04 Scope; exclusions.—
238 injunctive relief may not be entered unless a bond is given by 267 (1) This chapter applies to a receivership initiated in a
239 the movant in an amount the court deems proper, conditioned for 268 court of this state for an interest in real property and any
240 the payment of costs and damages sustained by the adverse party 269 personal property related to or used in operating the real
241 if the order is improperly entered. When any order appointing a 270 property.
242 receiver or providing for injunctive relief is issued on the 271 (2) This chapter does not apply to:
243 pleading of a municipality or the state, or any officer, agency, 272 (a) Actions in which a state agency or officer is expressly
244 or political subdivision thereof, the court may require or 273 authorized by statute to seek or obtain the appointment of a
245 dispense with a bond, with or without surety, and conditioned in 274 receiver;
246 the same manner, having due regard for the public interest. 275 (b) Actions authorized by or commenced under federal law;
247 (5) If the court grants injunctive relief, the injunction 276 (c) Residential real property of an individual owner which
248 must specify the reasons for entry, must describe in reasonable 277 is occupied by the owner, the spouse of the owner, or a child or
249 detail the act or acts restrained without reference to a 278 other dependent of the owner;
250 pleading or another document, and must be binding on the parties 279 (d) Property of an individual exempt from forced sale,
251 to the action; on the parties’ officers, agents, servants, 280 execution, or seizure under the laws of this state; or
252 employees, and attorneys; and on any person in active concert or 281 (e) Personal property of an individual which is used
253 participation with the parties who receives actual notice of the 282 primarily for personal, family, or household purposes.
254 injunction. 283 (3) This chapter does not limit the authority of a court to
255 (6) A party adversely affected by an order appointing 284 appoint a receiver under the laws of this state other than this
256 receiver or for injunctive relief may move to dissolve or modify 285 chapter.
257 the order at any time. If a party moves to dissolve or modify, 286 (4) This chapter does not limit an individual’s homestead
258 the motion shall be heard within 5 days after the movant applies 287 and exemption rights under the laws of this state or federal
259 for a hearing on the motion. 288 law.
260 (7) This chapter does not displace any existing rule of 289 (5) Unless displaced by a particular provision of this
261 procedural or judicial administration of this state governing 290 chapter, the principles of law and equity, including the law
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291 relative to capacity to contract, principal and agent, estoppel, 320 (2) In connection with the foreclosure or other enforcement
292 laches, fraud, misrepresentation, duress, coercion, mistake, 321 of a mortgage, the court shall consider the following facts and
293 bankruptcy, or other validating or invalidating cause, 322 circumstances, together with any other relevant facts, in
294 supplement this chapter. 323 deciding whether to appoint a receiver for the mortgaged
295 714.05 Power of the court.—The court that appoints a 324 property:
296 receiver under this chapter has exclusive jurisdiction to direct 325 (a) Appointment is necessary to protect the property from
297 the receiver and determine any controversy related to the 326 waste, loss, substantial diminution in value, transfer,
298 receivership or receivership property. 327 dissipation, or impairment;
299 714.06 Appointment of receiver.— 328 (b) The mortgagor agreed in a signed record to the
300 (1) The court may appoint a receiver: 329 appointment of a receiver on default;
301 (a) Before judgment, to protect a party that demonstrates 330 (c) The owner agreed, after default and in a signed record,
302 an apparent right, title, or interest in real property that is 331 to appointment of a receiver;
303 the subject of the action, if the property or its revenue- 332 (d) The property and any other collateral held by the
304 producing potential: 333 mortgagee are not sufficient to satisfy the secured obligation;
305 1. Is being subjected to or is in danger of waste, loss, 334 (e) The owner fails to turn over to the mortgagee proceeds
306 substantial diminution in value, dissipation, or impairment; or 335 or rents the mortgagee was entitled to collect; or
307 2. Has been or is about to be the subject of a voidable 336 (f) The holder of a subordinate lien obtains appointment of
308 transaction; 337 a receiver for the property.
309 (b) After judgment: 338 (3) The court may condition the appointment of a receiver
310 1. To carry the judgment into effect; or 339 without prior notice or hearing under s. 714.03 on the giving of
311 2. To preserve nonexempt real property pending appeal or 340 security by the person seeking the appointment for the payment
312 when an execution has been returned unsatisfied and the owner 341 of damages, reasonable attorney fees, and costs incurred or
313 refuses to apply the property in satisfaction of the judgment; 342 suffered by any person if the court later concludes that the
314 (c) In an action in which a receiver for real property may 343 appointment was not justified. If the court later concludes that
315 be appointed on equitable grounds, subject to the requirements 344 the appointment was justified and the order of appointment of
316 of paragraphs (a) and (b); or 345 the receiver becomes final and no longer subject to appeal, the
317 (d) During the time allowed for redemption, to preserve 346 court shall release the security.
318 real property sold in an execution or foreclosure sale and 347 714.07 Disqualification from appointment as receiver;
319 secure its rents to the person entitled to the rents. 348 disclosure of interest.—
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349 (1) The court may not appoint a person as receiver unless 378 (1) Except as otherwise provided in subsection (2), a
350 the person submits to the court a statement under penalty of 379 receiver shall post with the court a bond that:
351 perjury that the person is not disqualified. 380 (a) Is conditioned on the faithful discharge of the
352 (2) Except as otherwise provided in subsection (3), a 381 receiver’s duties;
353 person is disqualified from appointment as receiver if the 382 (b) Has one or more sureties approved by the court;
354 person: 383 (c) Is in an amount the court specifies; and
355 (a) Is an affiliate of a party; 384 (d) Is effective as of the date of the receiver’s
356 (b) Has an interest materially adverse to an interest of a 385 appointment.
357 party; 386 (2) The court may approve the receiver posting an
358 (c) Has a material financial interest in the outcome of the 387 alternative security with the court, such as a letter of credit
359 action, other than compensation the court may allow the 388 or deposit of funds. The receiver may not use receivership
360 receiver; 389 property as alternative security. Interest that accrues on
361 (d) Has a debtor-creditor relationship with a party; or 390 deposited funds must be paid to the receiver upon the receiver’s
362 (e) Holds an equity interest in a party, other than a 391 discharge.
363 noncontrolling interest in a publicly traded company. 392 (3) The court may authorize a receiver to act before the
364 (3) A person is not disqualified from appointment as 393 receiver posts the bond or alternative security required by this
365 receiver solely because the person: 394 section if the action is necessary to prevent or mitigate
366 (a) Was appointed receiver or is owed compensation in an 395 immediate injury, loss, or damage to the party who sought the
367 unrelated matter involving a party or was engaged by a party in 396 appointment of the receiver, or immediate waste, dissipation,
368 a matter unrelated to the receivership; 397 impairment, or substantial diminution in value to the
369 (b) Is an individual obligated to a party on a debt that is 398 receivership property.
370 not in default and was incurred primarily for personal, family, 399 (4) A claim against a receiver’s bond or alternative
371 or household purposes; or 400 security must be made not later than 1 year after the date the
372 (c) Maintains with a party a deposit account, as defined in 401 receiver is discharged.
373 s. 679.1021. 402 714.09 Status of receiver as lien creditor.—Upon
374 (4) A person seeking appointment of a receiver may nominate 403 appointment of a receiver, the receiver has the status of a lien
375 a person to serve as receiver, but the court is not bound by the 404 creditor under:
376 nomination. 405 (1) Chapter 679 as to receivership property or fixtures;
377 714.08 Receiver’s bond; alternative security.— 406 and
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407 (2) Chapter 695 as to receivership property that is real 436 property, the court may sanction as civil contempt a person’s
408 property. 437 failure to turn the property over when required by this section.
409 714.10 Security agreement covering after-acquired 438 714.12 Powers and duties of receiver.—
410 property.—Except as otherwise provided by law other than this 439 (1) Except as limited by court order or the laws of this
411 chapter, property that a receiver or an owner acquires after 440 state other than this chapter, a receiver may:
412 appointment of the receiver is subject to a security agreement 441 (a) Collect, control, manage, conserve, and protect
413 entered into before the appointment to the same extent as if the 442 receivership property;
414 court had not appointed the receiver. 443 (b) Operate a business constituting receivership property,
415 714.11 Collection and turnover of receivership property.— 444 including preservation, use, sale, lease, license, exchange,
416 (1) Unless the court orders otherwise, on demand by a 445 collection, or disposition of the property in the ordinary
417 receiver: 446 course of business;
418 (a) A person that owes a debt that is receivership property 447 (c) In the ordinary course of business, incur unsecured
419 and is matured or payable on demand or on order shall pay the 448 debt and pay expenses incidental to the receiver’s preservation,
420 debt to or on the order of the receiver, except to the extent 449 use, sale, lease, license, exchange, collection, or disposition
421 the debt is subject to setoff or recoupment; and 450 of receivership property;
422 (b) Subject to subsection (3), a person that has 451 (d) Assert a right, claim, cause of action, or defense of
423 possession, custody, or control of receivership property shall 452 the owner which relates to receivership property;
424 turn the property over to the receiver. 453 (e) Seek and obtain instruction from the court concerning
425 (2) A person that has notice of the appointment of a 454 receivership property, exercise of the receiver’s powers, and
426 receiver and owes a debt that is receivership property may not 455 performance of the receiver’s duties;
427 satisfy the debt by payment to the owner. 456 (f) Upon subpoena, compel a person to submit to examination
428 (3) If a creditor has possession, custody, or control of 457 under oath, or to produce and permit inspection and copying of
429 receivership property and the validity, perfection, or priority 458 designated records or tangible things, with respect to
430 of the creditor’s lien on the property depends on the creditor’s 459 receivership property or any other matter that may affect
431 possession, custody, or control, the creditor may retain 460 administration of the receivership;
432 possession, custody, or control until the court orders adequate 461 (g) Engage a professional pursuant to s. 714.15;
433 protection of the creditor’s lien. 462 (h) Apply to a court of another state for appointment as
434 (4) Unless a bona fide dispute exists about a receiver’s 463 ancillary receiver with respect to receivership property located
435 right to possession, custody, or control of receivership 464 in that state; and
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465 (i) Exercise any power conferred by court order, this 494 receivership which would disqualify the receiver under s.
466 chapter, or the laws of this state other than this chapter. 495 714.07; and
467 (2) With court approval, a receiver may: 496 (e) Perform any duty imposed by court order, this chapter,
468 (a) Incur debt for the use or benefit of receivership 497 or the laws of this state other than this chapter.
469 property other than in the ordinary course of business; 498 (4) The powers and duties of a receiver may be expanded,
470 (b) Make improvements to receivership property; 499 modified, or limited by court order.
471 (c) Use or transfer receivership property other than in the 500 714.13 Duties of owner.—
472 ordinary course of business pursuant to s. 714.16; 501 (1) An owner shall:
473 (d) Adopt or reject an executory contract of the owner 502 (a) Assist and cooperate with the receiver in the
474 pursuant to s. 714.17; 503 administration of the receivership and the discharge of the
475 (e) Pay compensation to the receiver pursuant to s. 714.21, 504 receiver’s duties;
476 and to each professional engaged by the receiver under s. 505 (b) Preserve and turn over to the receiver all receivership
477 714.15; 506 property in the owner’s possession, custody, or control;
478 (f) Recommend allowance or disallowance of a claim of a 507 (c) Identify all records and other information relating to
479 creditor pursuant to s. 714.20; and 508 the receivership property, including a password, authorization,
480 (g) Make a distribution of receivership property pursuant 509 or other information needed to obtain or maintain access to or
481 to s. 714.20. 510 control of the receivership property, and make available to the
482 (3) A receiver shall: 511 receiver the records and information in the owner’s possession,
483 (a) Prepare and retain appropriate business records, 512 custody, or control;
484 including a record of each receipt, disbursement, and 513 (d) Upon subpoena, submit to examination under oath by the
485 disposition of receivership property; 514 receiver concerning the acts, conduct, property, liabilities,
486 (b) Account for receivership property, including the 515 and financial condition of the owner or any matter relating to
487 proceeds of a sale, lease, license, exchange, collection, or 516 the receivership property or the receivership; and
488 other disposition of the property; 517 (e) Perform any duty imposed by court order, this chapter,
489 (c) File with the recording office of the county in which 518 or the laws of this state other than this chapter.
490 the real property is located a copy of the order appointing the 519 (2) If an owner is a person other than an individual, this
491 receiver and, if a legal description of the real property is not 520 section applies to each officer, director, manager, member,
492 included in the order, the legal description; 521 partner, trustee, or other person exercising or having the power
493 (d) Disclose to the court any fact arising during the 522 to exercise control over the affairs of the owner.
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523 (3) If a person knowingly fails to perform a duty imposed 552 notice, may grant relief for cause shown.
524 by this section, the court may: 553 (4) An order under subsection (1) or subsection (2) does
525 (a) Award the receiver actual damages caused by the 554 not operate as a stay or injunction of:
526 person’s failure, reasonable attorney fees, and costs; and 555 (a) Any act, action, or proceeding to foreclose or
527 (b) Sanction the failure as civil contempt. 556 otherwise enforce a mortgage by the person seeking appointment
528 714.14 Stay; injunction.— 557 of the receiver;
529 (1) Except as otherwise provided in subsection (4), after 558 (b) Any act, action, or proceeding to perfect, or maintain
530 notice and a hearing, the court may enter an order providing for 559 or continue the perfection of, an interest in receivership
531 a stay, applicable to all persons, of any act, action, or 560 property;
532 proceeding: 561 (c) Commencement or continuation of a criminal proceeding;
533 (a) To obtain possession of, exercise control over, or 562 (d) Commencement or continuation of an action or
534 enforce a judgment against all or a portion of the receivership 563 proceeding, or enforcement of a judgment other than a money
535 property as defined in the order creating the stay; and 564 judgment, in an action or proceeding by a governmental unit to
536 (b) To enforce a lien against all or a portion of the 565 enforce its police or regulatory power; or
537 receivership property to the extent the lien secures a claim 566 (e) Establishment by a governmental unit of a tax liability
538 against the owner which arose before entry of the order. The 567 against the receivership property or the owner of such
539 court shall include in its order a specific description of the 568 receivership property, or an appeal of any such liability.
540 receivership property subject to the stay, and shall include the 569 (5) The court may void an act that violates a stay or
541 following language in the title of the order: “Order Staying 570 injunction under this section.
542 Certain Actions to Enforce Claims against Receivership 571 (6) The scope of the receivership property subject to the
543 Property.” 572 stay under subsection (1) may be modified upon request of the
544 (2) Except as otherwise provided in subsection (4), the 573 receiver or other person, after a hearing on notice.
545 court may enjoin an act, action, or proceeding against or 574 (7) In connection with the entry of an order under
546 relating to receivership property if the injunction is necessary 575 subsection (1) or subsection (2), the court shall determine
547 to protect against misappropriation of, or waste relating 576 whether an additional bond or alternative security will be
548 directly to, the receivership property. 577 required as a condition to entry of the stay or injunction and,
549 (3) A person whose act, action, or proceeding is stayed or 578 if required, direct the party requesting the stay or injunction
550 enjoined under this section may apply to the court for relief 579 to post a bond or alternative security as a condition for the
551 from the stay or injunction. The court, after a hearing on 580 stay or injunction to become effective.
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581 714.15 Engagement and compensation of professional.— 610 holders, and a hearing, a receiver may use or transfer by sale,
582 (1) With court approval, a receiver may engage an attorney, 611 lease, license, exchange, or other disposition receivership
583 an accountant, an appraiser, an auctioneer, a broker, or another 612 property other than in the ordinary course of business only if
584 professional to assist the receiver in performing a duty or 613 the owner of the property:
585 exercising a power of the receiver. The receiver shall disclose 614 (a) After the commencement of the action in which the
586 to the court: 615 receiver is appointed, expressly consents to the receiver’s
587 (a) The identity and qualifications of the professional; 616 proposed use or transfer of the receivership property, and the
588 (b) The scope and nature of the proposed engagement; 617 receiver notes the property owner’s express consent in the
589 (c) Any potential conflict of interest; and 618 motion to approve the proposed use or transfer; or
590 (d) The proposed compensation. 619 (b) Before or at the hearing on the receiver’s motion to
591 (2) A person is not disqualified from engagement under this 620 approve the use or transfer of the receivership property, fails
592 section solely because of the person’s engagement by, 621 to object thereto after the receiver in good faith has provided
593 representation of, or other relationship with the receiver, a 622 reasonable advance written notice to the property owner of the
594 creditor, or a party. This chapter does not prevent the receiver 623 proposed use or transfer, and the receiver demonstrates in the
595 from serving in the receivership as an attorney, an accountant, 624 motion that the proposed use or transfer is necessary to prevent
596 an auctioneer, or a broker when authorized by law. 625 waste, loss, substantial diminution in value, dissipation, or
597 (3) A receiver or professional engaged under subsection (1) 626 impairment of the property or its revenue-producing potential or
598 shall file with the court an itemized statement of the time 627 to prevent a voidable transaction involving the property.
599 spent, work performed, and billing rate of each person that 628
600 performed the work and an itemized list of expenses. The 629 Service of notice to lien holders who are not parties to the
601 receiver shall pay the amount approved by the court. 630 action must be made as provided in chapter 48 for service of
602 714.16 Use or transfer of receivership property not in 631 original process. If service cannot be carried out in such
603 ordinary course of business.— 632 manner, upon authorization by court order, the receiver may
604 (1) For the purposes of this section, the term “good faith” 633 effect service of notice on the nonparty lien holder pursuant to
605 means honesty in fact and the observance of reasonable 634 chapter 49 or as otherwise ordered by the court.
606 commercial standards of fair dealing. 635 (3) After judgment is entered against the property owner
607 (2) Before judgment is entered with respect to the 636 and with court approval, a receiver may use or transfer
608 receivership property, with court approval after notice to all 637 receivership property other than in the ordinary course of
609 parties with an interest in the property, including all lien 638 business to carry the judgment into effect or to preserve
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639 nonexempt real property pending appeal or when an execution has 668 interest” has the same meaning as in s. 721.05(36).
640 been returned unsatisfied and the owner refuses to apply the 669 (2) Except as otherwise provided in subsection (8), with
641 property in satisfaction of the judgment. 670 court approval, a receiver may adopt or reject an executory
642 (4) The court may order that a transfer of receivership 671 contract of the owner relating to receivership property. The
643 property under this section is free and clear of any liens on 672 court may condition the receiver’s adoption and continued
644 the property at the time of the transfer. In such case, any 673 performance of the contract on terms appropriate under the
645 liens on the property, which were valid at the time of the 674 circumstances. If the receiver does not request court approval
646 transfer but extinguished by the transfer, attach to the 675 to adopt or reject the contract within a reasonable time after
647 proceeds of the transfer with the same validity, perfection, and 676 the receiver’s appointment, the receiver is deemed to have
648 priority the liens had on the property immediately before the 677 rejected the contract.
649 transfer, even if the proceeds are not sufficient to satisfy all 678 (3) A receiver’s performance of an executory contract
650 obligations secured by the liens. 679 before court approval under subsection (2) of its adoption or
651 (5) A transfer under subsection (3) may occur by means 680 rejection is not an adoption of the contract and does not
652 other than a public auction sale. A creditor holding a valid 681 preclude the receiver from seeking approval to reject the
653 lien on the property to be transferred may purchase the property 682 contract.
654 and offset against the purchase price part or all of the allowed 683 (4) A provision in an executory contract which requires or
655 amount secured by the lien if the creditor tenders funds 684 permits a forfeiture, modification, or termination of the
656 sufficient to satisfy in full the reasonable expenses of 685 contract because of the appointment of a receiver or the
657 transfer and the obligation secured by any senior lien 686 financial condition of the owner does not affect a receiver’s
658 extinguished by the transfer. 687 power under subsection (2) to adopt the contract.
659 (6) A reversal or modification of an order approving a 688 (5) A receiver’s right to possess or use receivership
660 transfer under subsection (3) does not affect the validity of 689 property pursuant to an executory contract terminates on
661 the transfer to a person that acquired the property in good 690 rejection of the contract under subsection (2). Rejection is a
662 faith or revive against the person any lien extinguished by the 691 breach of the contract effective immediately before appointment
663 transfer, whether the person knew before the transfer of the 692 of the receiver. A claim for damages for rejection of the
664 request for reversal or modification, unless the court stayed 693 contract must be submitted by the later of:
665 the order before the transfer. 694 (a) The time set for submitting a claim in the
666 714.17 Executory contract.— 695 receivership; or
667 (1) For the purposes of this section, the term “timeshare 696 (b) Thirty days after the court approves the rejection.
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697 (6) If at the time a receiver is appointed, the owner has 726 1. The lease is superior to the lien of the mortgage;
698 the right to assign an executory contract relating to 727 2. The tenant has an enforceable agreement with the
699 receivership property under the laws of this state other than 728 mortgagee or the holder of a senior lien under which the
700 this chapter, the receiver may assign the contract with court 729 tenant’s occupancy will not be disturbed as long as the tenant
701 approval. 730 performs its obligations under the lease;
702 (7) If a receiver rejects an executory contract for the 731 3. The mortgagee has consented to the lease, either in a
703 sale of receivership property that is real property in 732 signed record or by its failure to timely object that the lease
704 possession of the purchaser or a real-property timeshare 733 violated the mortgage; or
705 interest pursuant to subsection (2), the purchaser may: 734 4. The terms of the lease were commercially reasonable at
706 (a) Treat the rejection as a termination of the contract, 735 the time the lease was agreed to and the tenant did not know or
707 and in that case the purchaser has a lien on the property for 736 have reason to know that the lease violated the mortgage.
708 the recovery of any part of the purchase price the purchaser 737 714.18 Defenses and immunities of receiver.—
709 paid; or 738 (1) A receiver is entitled to all defenses and immunities
710 (b) Retain the purchaser’s right to possession under the 739 provided by the laws of this state other than this chapter for
711 contract. If the purchaser retains his or her right to 740 an act or omission within the scope of the receiver’s
712 possession pursuant to this paragraph, the purchaser must 741 appointment.
713 continue to perform all obligations arising under the contract 742 (2) A receiver may be sued personally for an act or
714 and may offset any damages caused by nonperformance of an 743 omission in administering receivership property only with
715 obligation of the owner after the date of the rejection, but the 744 approval of the court that appointed the receiver.
716 purchaser does not have a right or claim against other 745 714.19 Interim report of receiver.—A receiver may file or,
717 receivership property or the receiver on account of the damages. 746 if ordered by the court, shall file an interim report that
718 (8) A receiver may not reject an unexpired lease of real 747 includes:
719 property under which the owner is the landlord if: 748 (1) The activities of the receiver since appointment or a
720 (a) The tenant occupies the leased premises as the tenant’s 749 previous report;
721 primary residence; 750 (2) Receipts and disbursements, including a payment made or
722 (b) The receiver was appointed at the request of a person 751 proposed to be made to a professional engaged by the receiver;
723 other than a mortgagee; or 752 (3) Receipts and dispositions of receivership property;
724 (c) The receiver was appointed at the request of a 753 (4) Fees and expenses of the receiver and, if not filed
725 mortgagee and: 754 separately, a request for approval of payment of the fees and
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755 expenses; and 784 (4) An assignment by a creditor of a claim against the
756 (5) Any other information required by the court. 785 owner is effective against the receiver only if the assignee
757 714.20 Notice of appointment; claim against receivership; 786 gives timely notice of the assignment to the receiver in a
758 distribution to creditors.— 787 signed record.
759 (1) Except as otherwise provided in subsection (6), a 788 (5) At any time before entry of an order approving a
760 receiver shall give notice of appointment of the receiver to 789 receiver’s final report, the receiver may file with the court an
761 creditors of the owner by: 790 objection to a claim of a creditor, stating the basis for the
762 (a) Deposit for delivery through first-class mail or other 791 objection. The court shall allow or disallow the claim according
763 commercially reasonable delivery method to the last known 792 to the laws of this state other than this chapter.
764 address of each creditor; and 793 (6) If the court concludes that receivership property is
765 (b) Publication as directed by the court. 794 likely to be insufficient to satisfy claims of each creditor
766 (2) Except as otherwise provided in subsection (6), the 795 holding a perfected lien on the property, the court may order
767 notice required under subsection (1) must specify the date by 796 that:
768 which each creditor holding a claim against the owner which 797 (a) The receiver need not give notice under subsection (1)
769 arose before appointment of the receiver must submit the claim 798 of the appointment to all creditors of the owner, but only such
770 to the receiver. The date specified must be at least 90 days 799 creditors as the court directs; and
771 after the later of notice under paragraph (1)(a) or last 800 (b) Unsecured creditors need not submit claims under this
772 publication under paragraph (1)(b). The court may extend the 801 section.
773 period for submitting the claim. Unless the court orders 802 (7) Subject to s. 714.21:
774 otherwise, a claim that is not timely submitted is not entitled 803 (a) A distribution of receivership property to a creditor
775 to a distribution from the receivership. 804 holding a perfected lien on the property must be made in
776 (3) A claim submitted by a creditor under this section 805 accordance with the creditor’s priority under the laws of this
777 must: 806 state other than this chapter; and
778 (a) State the name and address of the creditor; 807 (b) A distribution of receivership property to a creditor
779 (b) State the amount and basis of the claim; 808 with an allowed unsecured claim must be made as the court
780 (c) Identify any property securing the claim; 809 directs according to the laws of this state other than this
781 (d) Be signed by the creditor under penalty of perjury; and 810 chapter.
782 (e) Include a copy of any record on which the claim is 811 714.21 Fees and expenses.—
783 based. 812 (1) The court may award a receiver from receivership
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813 property the reasonable and necessary fees and expenses of 842 (a) The fees and expenses of the receivership, including
814 performing the duties of the receiver and exercising the powers 843 reasonable attorney fees and costs; and
815 of the receiver. 844 (b) Actual damages caused by the appointment, including
816 (2) The court may order one or more of the following to pay 845 reasonable attorney fees and costs.
817 the reasonable and necessary fees and expenses of the 846 714.23 Final report of receiver; discharge.—
818 receivership, including reasonable attorney fees and costs: 847 (1) Upon completion of a receiver’s duties, the receiver
819 (a) A person that requested the appointment of the 848 shall file a final report including:
820 receiver, if the receivership does not produce sufficient funds 849 (a) A description of the activities of the receiver in the
821 to pay the fees and expenses; or 850 conduct of the receivership;
822 (b) A person whose conduct justified or would have 851 (b) A list of receivership property at the commencement of
823 justified the appointment of the receiver under s. 714.06(1)(a). 852 the receivership and any receivership property received during
824 714.22 Removal of receiver; replacement; termination of 853 the receivership;
825 receivership.— 854 (c) A list of disbursements, including payments to
826 (1) The court may remove a receiver for cause. 855 professionals engaged by the receiver;
827 (2) The court shall replace a receiver that dies, resigns, 856 (d) A list of dispositions of receivership property;
828 or is removed. 857 (e) A list of distributions made or proposed to be made
829 (3) If the court finds that a receiver that resigns or is 858 from the receivership for creditor claims;
830 removed, or the representative of a receiver that is deceased, 859 (f) If not filed separately, a request for approval of the
831 has accounted fully for and turned over to the successor 860 payment of fees and expenses of the receiver; and
832 receiver all receivership property and has filed a report of all 861 (g) Any other information required by the court.
833 receipts and disbursements during the service of the replaced 862 (2) If the court approves a final report filed under
834 receiver, the replaced receiver is discharged. 863 subsection (1) and the receiver distributes all receivership
835 (4) The court may discharge a receiver and terminate the 864 property, the receiver is discharged.
836 court’s administration of the receivership property if the court 865 714.24 Receivership in another state; ancillary
837 finds that appointment of the receiver was improvident or that 866 proceeding.—
838 the circumstances no longer warrant continuation of the 867 (1) The court may appoint a receiver appointed in another
839 receivership. If the court finds that the appointment was sought 868 state, or that person’s nominee, as an ancillary receiver with
840 wrongfully or in bad faith, the court may assess against the 869 respect to property located in this state or subject to the
841 person that sought the appointment: 870 jurisdiction of the court for which a receiver could be
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871 appointed under this chapter, if: 900 law.
872 (a) The person or nominee would be eligible to serve as 901 714.27 Relation to electronic signatures in global and
873 receiver under s. 714.07; and 902 national commerce act.—This act modifies, limits, or supersedes
874 (b) The appointment furthers the person’s possession, 903 the Electronic Signatures in Global and National Commerce Act,
875 custody, control, or disposition of property subject to the 904 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or
876 receivership in the other state. 905 supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or
877 (2) The court may issue an order that gives effect to an 906 authorize electronic delivery of any of the notices described in
878 order entered in another state appointing or directing a 907 s. 103(b) of that act, 15 U.S.C. s. 7003(b).
879 receiver. 908 714.28 Transition.—This chapter does not apply to a
880 (3) Unless the court orders otherwise, an ancillary 909 receivership for which the receiver was appointed before July 1,
881 receiver appointed under subsection (1) has the rights, powers, 910 2020.
882 and duties of a receiver appointed under this chapter. 911 Section 2. This act shall take effect July 1, 2020.
883 714.25 Effect of enforcement by mortgagee.—A request by a
884 mortgagee for the appointment of a receiver, the appointment of
885 a receiver, or the application by a mortgagee of receivership
886 property or proceeds to the secured obligation does not:
887 (1) Make the mortgagee a mortgagee in possession of the
888 real property;
889 (2) Make the mortgagee an agent of the owner;
890 (3) Constitute an election of remedies which precludes a
891 later action to enforce the secured obligation;
892 (4) Make the secured obligation unenforceable;
893 (5) Limit any right available to the mortgagee with respect
894 to the secured obligation; or
895 (6) Constitute an action under chapter 702.
896 714.26 Uniformity of application and construction.—In
897 applying and construing this chapter, consideration must be
898 given to the need to promote uniformity of the law with respect
899 to its subject matter among states that have enacted a similar
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The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
Bill Number (if applicable)
Topic _
Amendment Barcode (if applicable)
Name
Job Title
Address
Street Phone
City Email_ . ; - >.,
State Zip
Speaking: O For O Against | | Information
Waive Speaking: K n Support | | Against
(The Chair will read this information into the record.)
Representing
Appearing at request of Chair: Yes 0 No Lobbyist registered with Legislature: Yes F fo
This form is part of the public record for this meeting.
c_rw"M /•* AM .
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 850
INTRODUCER: Senator Pizzo
SUBJECT: Exposure of Sexual Organs
DATE: February 3, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Stokes Jones CJ Favorable
2. McMillan McKay CM Favorable
3. RC
I. Summary:
SB 850 amends s. 800.03, F.S., to specifically permit being naked in public while on clothing-
optional beaches.
Section 800.03, F.S., provides that it is unlawful for a person to expose or exhibit his or her
sexual organs in a vulgar or indecent manner while in public or private view. A mother who is
breastfeeding does not violate this section.
The bill takes effect July 1, 2020.
II. Present Situation:
Florida has multiple clothing-optional beaches along the east coast. Top clothing-optional
locations include Haulover Beach, Blind Creek Beach, Playalinda and Apollo Beaches. 1 While it
is permissible to be naked at clothing-optional beaches, it is unlawful to engage in sexual
activity. Many of the clothing-optional beaches advise that individuals conducting themselves in
a lewd manner will be arrested.2
There are multiple ways in which a beach may be recognized as clothing-optional. For example,
St. Lucie County commissioners are expected to vote on a county ordinance to officially
1
Top Nude Beaches in Florida, Visit Florida, Carlos Harrison, available at: https://www.visitflorida.com/en-us/florida-
beaches/nude.html (last visited Feb 3, 2020).
2
Frequently Asked Questions, Haulover Beach, available at: https://www.hauloverbeach.org/faq/ (last visited Feb. 3, 2020);
Naturist Beach Etiquette for Blind Creek Beach, Treasure Coast Naturists, available at:
http://www.treasurecoastnaturists.org/beach-etiquette.html (last visited Feb. 3, 2020).
BILL: SB 850 Page 2
recognize Blind Creek Beach as a clothing-optional beach.3 According to the American
Association for Nude Recreation Florida Region, nude tourism has a $7.4 billion annual
economic impact for Florida.4
Exposure of sexual organs
Section 800.03, F.S., provides that it is unlawful for a person to expose or exhibit his or her
sexual organs in a vulgar or indecent manner while in public or private view. A mother who is
breastfeeding does not violate this section.
Courts have consistently held that being naked alone is not sufficient to violate s. 800.03, F.S. To
trigger a violation, there must also be a “lascivious” exhibition of the sexual organs.5 Some
counties have enacted county ordinances which specifically address public nudity.6 Similarly, the
Department of Environmental Protection (DEP) has enacted a rule that specifically prohibits
nudity in parks.7 These local ordinances or rules may further restrict nudity in their respective
jurisdictions.
III. Effect of Proposed Changes:
The bill amends s. 800.03, F.S., to specifically permit being naked in public while on clothing-
optional beaches.
The bill takes effect July 1, 2020.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
3
St. Lucie County could be a step closer to having official nude beach, Al Pefley, CBS12 News January 7th 2020, available
at: https://cbs12.com/news/local/st-lucie-county-could-be-a-step-closer-to-having-official-nude-beach (last visited Feb. 3,
2020).
4
The Economic Impact of Nude Tourism and Recreation in Florida, American Association for Nude Recreation Florida
Region, p. i., February 7, 2017. On file with Senate Committee on Criminal Justice.
5
See Hoffman v. Carson, 250 So. 2d 891 (Fla. 1971); Goodmakers v. State, 450 So. 2d 888 (Fla. 2d. DCA, 1984); Duvallon
v. State, 404 So. 2d 196 (Fla. 1st DCA, 1981).
6
Brevard County, Florida, Municipal Code art. II., s. 74-30.
7
Rule 62D-2.014(7)(a), F.A.C., states that in every area of a park including bathing areas no individual shall expose the
human, male or female genitals, pubic area, the entire buttocks or female breast below the top of the nipple, with less than
fully opaque covering.
BILL: SB 850 Page 3
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 800.03 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 SB 850
By Senator Pizzo
38-01223-20 2020850__
1 A bill to be entitled
2 An act relating to the exposure of sexual organs;
3 amending s. 800.03, F.S.; specifying that an exception
4 to the unlawful exposure or exhibition of an
5 individual’s sexual organs in certain places includes
6 clothing-optional beaches; making technical changes;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 800.03, Florida Statutes, is amended to
12 read:
13 800.03 Exposure of sexual organs.—
14 (1) It is unlawful for an individual to expose or exhibit
15 his or her one’s sexual organs in public or on the private
16 premises of another, or so near thereto as to be seen from such
17 private premises, in a vulgar or indecent manner, or to be naked
18 in public except in any place provided or set apart for that
19 purpose, including, but not limited to, clothing-optional
20 beaches. A mother breastfeeding her baby does not, under any
21 circumstances, violate this subsection.
22 (2) An individual who violates subsection (1) commits
23 Violation of this section is a misdemeanor of the first degree,
24 punishable as provided in s. 775.082 or s. 775.083. A mother’s
25 breastfeeding of her baby does not under any circumstance
26 violate this section.
27 Section 2. This act shall take effect July 1, 2020.
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The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SR 1704
INTRODUCER: Senator Flores
SUBJECT: Taiwan
DATE: February 3, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Argote McKay CM Favorable
2. RC
I. Summary:
SR 1704 recognizes the economic and cultural ties between Florida and the Republic of China,
also known as Taiwan, and expresses support for future opportunities of international trade.
Legislative resolutions have no force of law and are not subject to the approval or veto powers of
the Governor.
II. Present Situation:
Taiwan is an island located in Eastern Asia and has a population of roughly 23.5 million.1 In
comparison to the United States, Taiwan is somewhat smaller than the combined area of
Maryland and Delaware.2 Taiwan is a semi-presidential republic and operates in a capitalist
economy that is driven primarily by industrial manufacturing and the exports of electronics,
machinery, and crude petroleum.3
1979 Taiwan Relations Act
In 1979, the U.S. recognized the Government of the People’s Republic of China as the sole legal
government of China, thereby acknowledging Taiwan as a part of China.4 The 1979 Taiwan
Relations Act authorizes the continuation of commercial, cultural, and other relations between
the U.S. and Taiwan to help preserve peace, security, and stability in the Western Pacific.5 The
41st anniversary of The 1979 Taiwan Relations Act will be celebrated in 2020.
1
Central Intelligence Agency, The World Factbook, Taiwan, East & Southeast Asia, available at
https://www.cia.gov/library/publications/the-world-factbook/geos/tw.html (last visited February 3, 2020)
2
Id.
3
Id.
4
United States Department of State, U.S. Relations with Taiwan Fact Sheet, available at
https://www.state.gov/r/pa/ei/bgn/35855.htm (last visited February 3, 2020).
5
American Institute in Taiwan, Taiwan Relations Act (1979), available at https://www.ait.org.tw/our-relationship/policy-
history/key-u-s-foreign-policy-documents-region/taiwan-relations-act/ (last visited February 3, 2020)
BILL: SR 1704 Page 2
Bilateral Relations
The United States has upheld and furthered its commercial relations with Taiwan since 1979.
Taiwan is the United States’ tenth largest trading partner and Florida’s sixth largest export
market in Asia. This partnership garnered Florida roughly 8,000 jobs and $944.3 million in trade
and investment ties in 2018.6 Taiwan enjoys Export-Import Bank financing, Overseas Private
Investment Corporation guarantees, normal trade relation status, and ready access to U.S.
markets.7 As of 2013, Taiwanese corporations employed more than 12,000 workers in the U.S.
with total compensation equaling over $1 billion.8
Taiwan partakes in more than 50 international organizations and holds membership status in
organizations that do not call for statehood as a condition of membership. The Legislature
encourages and supports Taiwan’s participation in international organizations, including its bid
for observer status in the International Criminal Police Organization (INTERPOL) and the World
Health Assembly, which promote ideals in which the U.S. shares.
Sister-state relations exist between the State of Florida and the Republic of China.9 Tsai Ing-wen,
the first female president of Taiwan, visited Florida in June 2016 to meet with Senator Marco
Rubio and discuss ways to strengthen the security and economic relationship between the U.S.
and Taiwan, in which Florida plays an important role.10 The Speaker of Tainan City, Kuo Hsin-
liang, along with his delegation, will be visiting Florida in 2020 to further enhance the bilateral
relationship between the Republic of China and Florida.
III. Effect of Proposed Changes:
The resolution recognizes the relationship and shared interests between the people of Taiwan and
the U.S. and further expresses the Senate’s support for future opportunities of international trade
with Taiwan. A copy of this resolution, with the Seal of the Senate affixed, will be transmitted to
President Tsai Ing-wen and Speaker Kuo Hsin-liang through the Taipei Economic and Cultural
Office in Miami and the Executive Office of the Governor as a tangible token of the sentiments
of the Florida Senate.
Legislative resolutions have no force of law and are not subject to the approval or veto powers of
the Governor.
6
City of Jacksonville, Proclamation (2019), available at https://www.coj.net/mayor/docs/proclamations/2019/10-oct-
2019/09-16-19-proc-national-day-of-taiwan-(october-10).aspx (last visited February 3, 2020)
7
United States Department of State, U.S. Relations with Taiwan Fact Sheet, available at
https://www.state.gov/r/pa/ei/bgn/35855.htm (last visited February 3, 2020).
8
Id.
9
The following foster the sister-state relations between Florida and the Republic of China: Miami-Dade County and New
Taipei City; the Port of Miami and the Port of Kaohsiung; Tainan City the City of Orlando; and Kaohsiung City and the City
of Fort Lauderdale, the City of Miami, and the City of Pensacola.
10
Office of Senator Marco Rubio, Rubio Welcomes Taiwanese President to Miami (2016), available at
https://www.rubio.senate.gov/public/index.cfm/press-releases?ID=5061149F-F0E3-4FF5-B4AC-C6E2AD09B785 (last
visited February 3, 2020).
BILL: SR 1704 Page 3
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
None.
BILL: SR 1704 Page 4
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: SB 1140
INTRODUCER: Senator Gruters
SUBJECT: Public Accountancy
DATE: January 27, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof IT Favorable
2. Reeve McKay CM Favorable
3. RC
I. Summary:
SB 1140 permits a nonresident Florida-licensed certified public accountant (CPA) to renew his
or her license if the CPA has complied with the continuing education requirements in the state in
which his or her office is located. However, a nonresident CPA must satisfy Florida’s ethics-
related continuing education requirements. If the state in which the nonresident CPA’s office is
located does not have continuing education requirements as a condition for license renewal, the
nonresident CPA must comply with the continuing education requirements in Florida.
The bill permits a CPA to place his or her license in a retired status. If a licensee on retired status
reenters the workforce in a position that has an association with accounting or any of the CPA
services, the licensee automatically loses her or his retired status. A retired CPA may continue to
be engaged in specific activities but may not offer professional services that require the use of
the CPA title. A retired CPA may reactivate her or his license in a conditional manner
determined by the Florida Board of Accountancy, which must require the payment of fees and
the completion of any required continuing education.
The bill takes effect July 1, 2020.
II. Present Situation:
Certified Public Accountants
The Florida Board of Accountancy (board) within the Department of Business and Professional
Regulation (DBPR) is responsible for regulating and licensing the more than 38,000 active and
2,700 inactive CPAs and more than 5,700 accounting firms in Florida.1 The Division of Certified
1
Florida Department of Business and Professional Regulation, Fiscal Year 2018-2019 Annual Report, 12, available at
http://www.myfloridalicense.com/DBPR/os/documents/DivisionAnnualReport_FY1819.pdf (last visited Jan. 27, 2020).
BILL: SB 1140 Page 2
Public Accounting provides administrative support to the nine-member board, which consists of
seven CPAs and two laypersons.2
A certified public accountant is an individual who holds a license to practice public accounting
in this state under ch. 473, F.S., or an individual who is practicing public accounting in this state
pursuant to the practice privilege granted in s. 473.3141, F.S.3
The practice of public accounting includes offering to the public the performance of services
involving audits, reviews, compilations, tax preparation, management advisory or consulting
services, or preparation of financial statements.4 To engage in the practice of public accounting,5
an individual or firm must be licensed pursuant to ss. 473.308 or 473.3101, F.S., and business
entities must meet the requirements of s. 473.309, F.S.
CPA Licensing
Section 473.308, F.S., provides licensing requirements for CPAs. To be licensed as a certified
public accountant, a person must 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.6 CPA licenses
must be renewed on a biennial basis through procedures adopted by the DBPR.7
License by Endorsement
Individuals who are licensed as a CPA in another state or territory, as well as individuals who are
not licensed in another state or territory but have met certain requirements, may apply to the
board for licensure by endorsement.8 If the applicant is not licensed and has never been licensed
in another state or territory, the applicant must:9
Meet the education, work experience, and good moral character requirements;
Have passed a national, regional, state, or territorial licensing examination that is
substantially equivalent to the examination required by s. 473.306, F.S.; and
Have completed continuing professional education courses that are at least equivalent to the
continuing professional education requirements for a Florida CPA during the 2 years
immediately preceding the application for licensure by endorsement.
If the applicant is licensed in another state or territory, the applicant must:10
Have satisfied licensing criteria that were substantially equivalent to the licensure criteria in
Florida at the time the license was issued; or
2
Section 473.303, F.S.
3
See s. 473.302(4), F.S. Section 473.3141, F.S., permits a person who does not have an office in Florida to practice public
accountancy in this state without obtaining a license under ch. 473, F.S., notifying or registering with the board, or paying a
fee if the person meets the required criteria.
4
Section 473.302(8), F.S.
5
Section 473.302(8), F.S., defines the terms “practice of,” practicing public accountancy,” and “public accounting”
6
Sections 473.308(2)-(5), F.S.
7
Section 473.311(2), F.S.
8
Section 473.308(7), F.S.
9
Section 473.308(7)(a), F.S.
10
Section 473.308(7)(b), F.S.
BILL: SB 1140 Page 3
Have passed a national, regional, state or territorial licensing examination with examination
criteria that were substantially equivalent to the examination criteria required in this state and
meet the education, work experience, and good moral character requirements, if the criteria
for issuance of such a license were not substantially equivalent to Florida’s criteria; or
Have held a valid license in another state or territory for at least 10 years before applying for
a license in Florida, have passed a national, regional, state or territorial licensing examination
with examination criteria that were substantially equivalent to the examination criteria
required in this state, and meet the education, work experience, and good moral character
requirements; and
Have completed continuing professional education courses that are at least equivalent to the
continuing professional education requirements for a Florida CPA during the 2 years
immediately preceding the application for licensure by endorsement.
Continuing Education
CPAs, as part of the license renewal procedure, are required to submit proof satisfactory to the
board that, during the 2 years prior to the application for renewal, they have successfully
completed not less than 48 or more than 80 hours of continuing professional education programs
in public accounting subjects approved by the board. The board has the authority to prescribe by
rule additional continuing professional education hours, not to exceed 25 percent of the total
hours required, for failure to complete the hours required for renewal by the end of the
reestablishment period.11
Not less than 10 percent of the total continuing education hours required by the board shall be in
accounting-related and auditing-related subjects, as distinguished from federal and local taxation
matters and management services.12
Not less than five percent of the continuing education shall be in ethics applicable to the practice
of public accounting, including a review of the provisions of ch. 455, F.S., relating to the
regulations of businesses and professions, ch. 473, F.S., and the related administrative rules. This
requirement must be administered by providers approved by the board.
Inactive Licenses
Section 473.313(1), F.S., permits Florida-licensed CPAs to request that their license be placed on
inactive status. Licenses can also be placed on inactive status for failing to complete, or failure to
report completion of, the continuing education requirements. Section 473.313(2), F.S., authorizes
the board to adopt rules establishing fees for placing a license on inactive status, renewal of
inactive status, and reactivation of an inactive license.13
A CPA may reactivate an inactive license by paying the DPBR a $250 application fee14 and
receiving certification that the CPA has completed the education requirements.15
11
Section 473.312(1)(a), F.S.
12
Section 473.312(1)(b), F.S.
13
See Fla. Admin. Code R. 61H1-33.006 (2019).
14
Fla Admin. Code R. 61H1-31.006 (2019).
15
Section 473.313(2), F.S.
BILL: SB 1140 Page 4
If a license that was placed on inactive status for failure to report completed continuing
education requirements is inactive on January 1, the applicant must submit a complete
application to the board by March 15 immediately after the delinquent period.16
III. Effect of Proposed Changes:
Licensure by Endorsement
The bill amends s. 473.308(7)(a)1., F.S., referring to applicants for licensure by endorsement
who are not licensed in another state, to change the term “another” state to “any” state. The bill
does not make the same change throughout s. 473.308, F.S., where the term “another” state is
used in several instances.
As amended by the bill, s. 473.308(7)(a)1., F.S., appears to refer to persons who have not been
licensed as a CPA in any state, including Florida, instead of persons who have not been licensed
in any state aside from Florida. This change in language would prevent a previously-licensed
Florida CPA from using the licensure by endorsement process to regain a license.
Continuing Education
The bill creates s. 473.311(1)(b), F.S., permitting a nonresident licensee seeking a renewal of his
or her Florida license to comply with the continuing education requirements of the state in which
his or her office is located. Under the bill, a licensee must still complete no less than 5 percent of
the total continuing education hours required in ethics applicable to public accounting as
administered by providers approved by the board.
The nonresident licensee must comply with all of Florida’s continuing education requirements if
the state in which the nonresident licensee’s office is located does not have continuing education
requirements as a condition for license renewal.
The bill also amends s. 473.312(1)(c), F.S., to require that a majority of the continuing education
hours in ethics include a review of the provisions of the provisions of ch. 455, F.S., relating to
the regulations of businesses and professions, ch. 473, F.S., and the related administrative rules.
Retired Status
Under current law, a CPA licensed in Florida is not permitted to place his or license in a retired
status. The bill amends s. 473.313, F.S., to permit a Florida-licensed CPA to submit an
application to the DBPR to place his or her license in a retired status if the licensee:
Is at least 55 years of age;
Holds a current active or inactive license; and
Is in good standing and not the subject of any sanction or disciplinary action.
Under the bill, a licensee in retired status that reenters the workforce in a position associated with
accounting, or any related services defined in ss. 473.302(8)(a), (c), and (d), F.S., automatically
loses his or her retired status. A CPA on retired status may continue to provide services utilizing
16
Section 473.313(3), F.S.
BILL: SB 1140 Page 5
accounting skills, as well as tax, management advisory, or consulting services, as defined in s.
473.302(8)(b), F.S., but may not provide certain accounting services that involve expressing an
opinion on or preparing financial statements, as defined in ss. 473.302(8)(a), (c), and (d), F.S.
Retired licensees are permitted to use the title of “retired CPA” but may not offer or render
professional services that require her or his signature and use of the CPA title, regardless of
whether the word “retired” is attached to such title.
The bill authorizes a retired licensee to serve without compensation on a board of directors or
board of trustees, provide volunteer tax preparation services, participate in a government-
sponsored business mentoring program, and participate in an advisory role for a similar
charitable, civic, or nonprofit organizations. A retired licensee may accept routine reimbursement
for actual costs of travel and meals associated with volunteer services or de minimis per diem
amounts paid to the retired licensee to cover such expenses as allowed by law.
Retired licensees are not required to maintain the continuing education requirements set forth in
ch. 473, F.S.
A retired licensee must affirm in writing his or her understanding of the limited types of
activities in which he or she may engage while in retired status and that he or she has a
professional duty to ensure that he or she holds the professional competencies necessary to
participate in such activities.
A retired licensee may reactivate his or her license in a conditional manner determined by the
board, which must require the payment of fees and the completion of any required continuing
education.
Effective Date
The bill takes effect July 1, 2020.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
BILL: SB 1140 Page 6
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
Section 19(a), Article VII of the State Constitution limits the authority of the legislature
to enact legislation that imposes a new state tax or fee by requiring such legislation to be
approved by a 2/3 vote in each chamber of the legislature. Section 19(e), Article VII of
the Florida Constitution provides that a state tax or fee imposed, authorized, or raised
must be contained in a separate bill that contains no other subject.
SB 1140 permits a licensed CPA in retired status to reactivate his or her license in a
conditional manner determined by the Florida Board of Accountancy. The bill requires
that the conditions for the reactivation of a license in retired status must include the
payment of fees. The board currently has the authority to impose a fee for the reactivation
of an inactive license. Because the bill requires the board to impose a fee of an unknown
amount for the reactivation of a license in retired status, it is unclear if the voting and
separate bill requirements found in the State Constitution apply to the bill.
B. Private Sector Impact:
Retired CPAs wishing to reactivate their licenses will be subject to reactivation fees in an
amount determined by the board.
C. Government Sector Impact:
The DBPR has stated that the technological modifications required to administer the bill
can be made with existing resources. Other potential expenditures required by the DBPR
are indeterminate but expected to be accommodated with existing resources.
The Revenue Estimating Conference has not yet met regarding the bill.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill creates s. 473.311(1)(b), F.S., permitting a nonresident licensee seeking a renewal of his
or her Florida license to comply with the continuing education requirements of the state in which
his or her office is located. It is unclear if these new provisions are intended to apply to territories
as well as states. Existing provisions governing the renewal of CPA licenses in ch. 473, F.S.,
refer to other states and territories.
BILL: SB 1140 Page 7
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 473.308, 473.311,
473.312, and 473.313.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 SB 1140 Florida Senate - 2020 SB 1140
By Senator Gruters
23-01202A-20 20201140__ 23-01202A-20 20201140__
1 A bill to be entitled 30 endorsement an applicant who:
2 An act relating to public accountancy; amending s. 31 (a)1. Is not licensed and has not been licensed in any
3 473.308, F.S.; requiring certain applicants to not be 32 another state or territory and who has met the requirements of
4 licensed in any state or territory in order to be 33 this section for education, work experience, and good moral
5 licensed by endorsement; amending s. 473.311, F.S.; 34 character and has passed a national, regional, state, or
6 providing license renewal requirements for nonresident 35 territorial licensing examination that is substantially
7 licensees; amending s. 473.312, F.S.; requiring that a 36 equivalent to the examination required by s. 473.306; and
8 majority of the hours required for continuing 37 2. Has completed such continuing education courses as the
9 education include specific content; amending s. 38 board deems appropriate, within the limits for each applicable
10 473.313, F.S.; authorizing certain Florida certified 39 2-year period as set forth in s. 473.312, but at least such
11 public accountants to apply to the Department of 40 courses as are equivalent to the continuing education
12 Business and Professional Regulation to have their 41 requirements for a Florida certified public accountant licensed
13 license placed in a retired status; providing 42 in this state during the 2 years immediately preceding her or
14 requirements for such conversion; providing 43 his application for licensure by endorsement; or
15 requirements and prohibitions for retired licensees; 44 (b)1.a. Holds a valid license to practice public accounting
16 authorizing retired licensees to use a specified title 45 issued by another state or territory of the United States, if
17 under certain circumstances; providing that retired 46 the criteria for issuance of such license were substantially
18 licensees are not required to maintain continuing 47 equivalent to the licensure criteria that existed in this state
19 education requirements; authorizing retired licensees 48 at the time the license was issued;
20 to reactivate their licenses if certain conditions are 49 b. Holds a valid license to practice public accounting
21 met; defining the term “retired licensee”; providing 50 issued by another state or territory of the United States but
22 an effective date. 51 the criteria for issuance of such license did not meet the
23 52 requirements of sub-subparagraph a.; has met the requirements of
24 Be It Enacted by the Legislature of the State of Florida: 53 this section for education, work experience, and good moral
25 54 character; and has passed a national, regional, state, or
26 Section 1. Subsection (7) of section 473.308, Florida 55 territorial licensing examination that is substantially
27 Statutes, is amended to read: 56 equivalent to the examination required by s. 473.306; or
28 473.308 Licensure.— 57 c. Holds a valid license to practice public accounting
29 (7) The board shall certify as qualified for a license by 58 issued by another state or territory of the United States for at
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59 least 10 years before the date of application; has passed a 88 473.312, Florida Statutes, is amended to read:
60 national, regional, state, or territorial licensing examination 89 473.312 Continuing education.—
61 that is substantially equivalent to the examination required by 90 (1)
62 s. 473.306; and has met the requirements of this section for 91 (c) Not less than 5 percent of the total hours required by
63 good moral character; and 92 the board shall be in ethics applicable to the practice of
64 2. Has completed continuing education courses that are 93 public accounting. This requirement shall be administered by
65 equivalent to the continuing education requirements for a 94 providers approved by the board and a majority of the hours
66 Florida certified public accountant licensed in this state 95 shall include a review of the provisions of chapter 455 and this
67 during the 2 years immediately preceding her or his application 96 chapter and the related administrative rules.
68 for licensure by endorsement. 97 Section 4. Section 473.313, Florida Statutes, is amended to
69 Section 2. Subsection (1) of section 473.311, Florida 98 read:
70 Statutes, is amended to read: 99 473.313 Inactive status and retired status.—
71 473.311 Renewal of license.— 100 (1) A Florida certified public accountant may request that
72 (1)(a) The department shall renew a license issued under s. 101 her or his license be placed in an inactive status by making
73 473.308 upon receipt of the renewal application and fee and upon 102 application to the department. The board may prescribe by rule
74 certification by the board that the Florida certified public 103 fees for placing a license on inactive status, renewal of
75 accountant has satisfactorily completed the continuing education 104 inactive status, and reactivation of an inactive license.
76 requirements of s. 473.312. 105 (a)(2) A license that has become inactive under this
77 (b) A nonresident licensee seeking renewal of a license in 106 subsection (1) or for failure to complete the requirements in s.
78 this state shall be determined to have met the continuing 107 473.312 may be reactivated under s. 473.311 upon application to
79 education requirements in s. 473.312, except for the 108 the department. The board may prescribe by rule continuing
80 requirements in s. 473.312(1)(c), if the licensee has complied 109 education requirements as a condition of reactivating a license.
81 with the continuing education requirements applicable in the 110 The maximum continuing education requirements for reactivating a
82 state in which his or her office is located. If the state in 111 license are 120 hours, including at least 30 hours in
83 which the nonresident licensee’s office is located has no 112 accounting-related and auditing-related subjects, not more than
84 continuing education requirements for license renewals, the 113 30 hours in behavioral subjects, and a minimum of 8 hours in
85 nonresident licensee must comply with the continuing education 114 ethics subjects approved by the board, for the reactivation of a
86 requirements in s. 473.312. 115 license that is inactive or delinquent.
87 Section 3. Paragraph (c) of subsection (1) of section 116 (b)(3) A license that is delinquent for failure to report
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117 completion of the requirements in s. 473.312 may be reactivated 146 license under this chapter may apply to the department for her
118 under s. 473.311 upon application to the department. 147 or his license to be placed in a retired status. The application
119 Reactivation requires the payment of an application fee as 148 must be prescribed by the board and must state that the
120 determined by the board and certification by the Florida 149 applicant has no association with accounting or any of the
121 certified public accountant that the applicant satisfactorily 150 services described in s. 473.302(8)(a), (c), or (d). If a
122 completed the continuing education requirements set forth under 151 licensee who has been granted retired status reenters the
123 s. 473.311. If the license is delinquent on January 1 because of 152 workforce in a position that has an association with accounting
124 failure to report completed continuing education requirements, 153 or any of the services described in s. 473.302(8)(a), (c), or
125 the applicant must submit a complete application to the board by 154 (d), the licensee automatically loses her or his retired status
126 March 15 immediately after the delinquent period. 155 except as provided in paragraph (a).
127 (c)(4) Any Florida certified public accountant holding an 156 (a) A retired licensee who serves without compensation on a
128 inactive license may be permitted to reactivate such license in 157 board of directors or board of trustees, provides volunteer tax
129 a conditional manner. The conditions of reactivation shall 158 preparation services, participates in a government-sponsored
130 require the payment of fees and the completion of required 159 business mentoring program such as the Internal Revenue
131 continuing education. 160 Service’s Volunteer Income Tax Assistance program or the Small
132 (d)(5) Notwithstanding the provisions of s. 455.271, the 161 Business Administration’s SCORE program, or participates in an
133 board may, at its discretion, reinstate the license of an 162 advisory role for a similar charitable, civic, or other
134 individual whose license has become null and void if the 163 nonprofit organization shall continue to be eligible for retired
135 individual has made a good faith effort to comply with this 164 status.
136 section but has failed to comply because of illness or unusual 165 (b) The board shall require a retired licensee to affirm in
137 hardship. The individual shall apply to the board for 166 writing her or his understanding of the limited types of
138 reinstatement in a manner prescribed by rules of the board and 167 activities in which she or he may engage while in retired status
139 shall pay an application fee in an amount determined by rule of 168 and that she or he has a professional duty to ensure that she or
140 the board. The board shall require that the individual meet all 169 he holds the professional competencies necessary to participate
141 continuing education requirements as provided in subsection (2), 170 in such activities.
142 pay appropriate licensing fees, and otherwise be eligible for 171 (c) Licensees may convert their license to retired status
143 renewal of licensure under this chapter. 172 only if they hold a license in good standing and are not the
144 (2) A Florida certified public accountant who is at least 173 subject of any sanction or disciplinary action.
145 55 years of age and currently holds an active or inactive 174 (d) A retired licensee may accept routine reimbursement for
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175 actual costs of travel and meals associated with volunteer
176 services or de minimis per diem amounts paid to the licensee to
177 cover such expenses as allowed by law.
178 (e) A retired licensee may use the title of “retired CPA”
179 on any business card or letterhead or any other printed or
180 electronic document. However, such title must not be applied in
181 such a manner that could confuse the public as to the current
182 status of the licensee. The licensee is not required to have a
183 certificate issued with the word “retired” on the certificate.
184 (f) A retired licensee is not required to maintain the
185 continuing education requirements under s. 473.312.
186 (g) A retired licensee may not offer or render professional
187 services that require her or his signature and use of the CPA
188 title, regardless of whether the word “retired” is attached to
189 such title.
190 (h) A retired licensee may reactivate her or his license in
191 a conditional manner determined by the board. The conditions of
192 reactivation must require the payment of fees and the completion
193 of any required continuing education.
194
195 For the purposes of this subsection, the term “retired licensee”
196 means a licensee whose license has been placed in retired status
197 by the department.
198 Section 5. This act shall take effect July 1, 2020.
Page 7 of 7
CODING: Words stricken are deletions; words underlined are additions.
The Florida Senate
APPEARANCE RECORD
(Deliver B0TH C0P'es of this form to the Senator or Senate Professional Staff conducting the meeting) [ Q
Meeting Date
Bill Number (if applicable)
Topic f >j :¦ 1 S
Amendment Barcode (if applicable)
_ r i
Name i l :cAi s;
Job Title ¦ .
J Jf hfr .j
Address r \ i;,. L '\ Phone
Street
Email r>
City, / State Z/
Speaking: l For lUAgainst Information Waive Speaking: Qln Support Against
\ - JThe Chair will read this information into the record.)
Representing
Appearing at request of Chair: O Yes Q No Lobbyist registered with Legislature: Yes Q No
f isTa. Senata trlfition to encourage public testimony, time may not ermit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as ossible can be heard.
This form is part of the public record for this meeting. s 001 Q/14/1
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1240
INTRODUCER: Commerce and Tourism Committee and Senator Gruters
SUBJECT: Corporate Income Tax Credit
DATE: February 4, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Harmsen McKay CM Fav/CS
2. FT
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1240 grants eligible car rental, leasing, or financing companies a $2 million tax credit
against their Florida corporate taxes paid for the 2018 taxable year. To be eligible for the tax
credit, these companies must have deferred gains on the sale of personal property for corporate
federal income tax purposes under s. 1031 of the Internal Revenue Code during the August 1,
2016-August 1, 2017 taxable year, and incurred a specific rise in tax liability in the August 1,
2017-August 1, 2018 taxable year.
II. Present Situation:
Annual Adoption of the Internal Revenue Code
Florida imposes a 5.5 percent tax on the taxable income of corporations and financial institutions
doing business in Florida.1 A corporation calculates its taxable income for Florida tax purposes
by starting with its taxable income determined for federal tax purposes.2 This means that a
corporation paying taxes in Florida receives the same treatment in Florida as is allowed in
determining its federal taxable income.
1
Sections 220.11(2) and 220.63(2), F.S.
2
See generally s. 220.13(2), F.S.
BILL: CS/SB 1240 Page 2
Bonus Depreciation
The Internal Revenue Code (IRC, or the Code) allows a taxpayer to deduct the cost of long-term
business assets by deducting a portion of the cost over the useful life of the property
(depreciation).3 Since taxpayers deduct for depreciation in calculating their federal taxable
income, the deduction is already included when the taxpayer begins calculating its Florida
taxable income.
For the past decade, federal legislation has granted an additional, first-year depreciation
deduction (bonus depreciation).4 The legislation has generally authorized 50 or 100 percent of
the cost of qualifying property to be deducted in the first year of depreciation. Currently, some
level of bonus depreciation is authorized through 2026.
Generally, the entire cost of an asset is depreciable over time. Therefore, bonus depreciation
deductions do not increase the total amount that can be deducted as depreciation; bonus
depreciation merely accelerates the depreciation deduction. That being said, the immediate fiscal
impact of bonus depreciation can substantially reduce corporate income tax receipts in the near
term. As an example, the Revenue Estimating Conference determined that bonus depreciation
granted by the Tax Increase Prevention Act of 2014 would reduce Fiscal Year 2015-2016
General Revenue receipts by $180 million.5
Due to the near term fiscal impact that bonus depreciation deductions would have on Florida, the
Legislature has chosen to “decouple” from these deductions by requiring taxpayers to add back
the amount of bonus depreciation to their taxable income for Florida purposes and then subtract
1/7th of that amount over seven years.6 This treatment has the effect of giving the taxpayer the
benefit of bonus depreciation, but requiring the taxpayer to “spread” that benefit over a 7-year
period.
The following chart provides a list of recent federal acts that have granted bonus depreciation
and the Florida law that “decoupled” from the bonus depreciation provisions.7
Applies to Taxable
Bonus Depreciation Florida Law that
Federal Act Years beginning on or
Amount “Decoupled”
after January 1 of:
The Economic Stimulus Chapter 2008-206,
2008 50 percent
Act of 2008 L.O.F.
3
See generally ss. 167 and 168, IRC.
4
See the Economic Stimulus Act of 2008, Pub. L. No. 110-185; the American Recovery and Reinvestment Act of 2009, Pub.
L. No. 111-5; the Small Business Jobs Act of 2010, Pub. L. No. 111-240; the Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010, Pub. L. No. 111-312; the American Taxpayer Relief Act of 2012, Pub. L. No.
112-240; the Tax Increase Prevention Act of 2014, Pub. L. No. 113-295; the Consolidated Appropriations Act, 2016, Pub. L.
No. 114-113; and the Tax Cuts and Jobs Act of 2017, Pub. L. No. 115-97.
5
Revenue Impact Conference Impact Statement, Proposed Language, January 26, 2015, available at:
http://edr.state.fl.us/Content/conferences/revenueimpact/archives/2015/_pdf/page17-18.pdf (last visited Feb. 4, 2020).
6
See chs. 2008-206, 2009-192, 2011-229, 2013-46, 2015-35, 2016-220, and 2018-119, L.O.F.
7
In some instances, the Florida law also decoupled from increased first-year expensing provisions included in the federal act;
however, first-year expensing is not directly relevant to the issue in the bill being analyzed.
BILL: CS/SB 1240 Page 3
The American Recovery
Chapter 2009-192,
and Reinvestment Act of 2009 50 percent
L.O.F.
2009
The Small Business Jobs
2010 100 percent
Act of 2010
The Tax Relief, 50 percent Chapter 2011-229,
2011
Unemployment Insurance L.O.F.
Reauthorization, and Job
2012 50 percent
Creation Act of 2010
The American Taxpayer Chapter 2013-46,
2013 50 percent
Relief Act of 2012 L.O.F
The Tax Increase Chapter 2015-35,
2014 50 percent
Prevention Act of 2014 L.O.F.
The Consolidated 2015 50 percent
Chapter 2016-220,
Appropriations Act, 2016 50 percent
L.O.F.
20168 2017 50 percent
2018 100 percent
2019 100 percent
2020 100 percent
2021 100 percent
Tax Cuts and Jobs Act of 2022 100 percent Chapter 2018-119,
2017 2023 80 percent L.O.F.
2024 60 percent
2025 40 percent
2026 20 percent
2027 0 percent
The Tax Cuts and Jobs Act of 2017
On December 22, 2017, President Trump signed into law the Tax Cuts and Jobs Act of 2017
(TCJA).9 The TCJA made significant changes to federal income tax provisions related to
individuals, corporations, and the treatment of foreign income. As shown in the chart above, the
TCJA extended bonus depreciation through taxable years beginning before January 1, 2027.10
Section 1031 Exchanges
Generally, when a taxpayer sells an asset, the Code requires the taxpayer to recognize as income
any gain on the sale.11 One exception to this general recognition rule is provided by section 1031
of the Code, for transactions commonly known as “like-kind exchanges” or “1031 exchanges.”
8
The Consolidated Appropriations Act, 2016, also provided bonus depreciation amounts for 2018 and 2019 of 40 percent and
30 percent, respectively; however, the Tax Cuts and Jobs Act increased those percentages to 100 percent for both years.
9
Pub. Law No. 115-97 (December 22, 2017)
10
For simplicity, the chart above shows the TCJA’s bonus depreciation provisions as applying to taxable years beginning
January 1, 2018; however, the TCJA also applied its bonus depreciation provisions to qualifying property acquired after
September 27, 2017. See Tax Cuts and Jobs Act of 2017, s. 13201, Pub. L. No. 115-97.
11
See s. 62(a)(3), IRC
BILL: CS/SB 1240 Page 4
Prior to the TCJA, s. 1031 of the Code provided that a taxpayer shall not recognize gain or loss
when business property was exchanged for business property of a like kind.12 Thus, a business
that was regularly exchanging old business equipment for new business equipment might avoid
having to recognize any relevant income at the federal level by exchanging the old equipment for
new equipment, rather than selling the old equipment and buying new equipment in separate
transactions. For example, this type of transaction could be used by a rental car company that
regularly updates its rental fleet.13 So, companies that were using s. 1031 of the Code to avoid
recognizing income when business equipment was exchanged, would not be required to
recognize income at the federal level. When the income was not recognized at the federal level,
that income would likewise not be recognized for Florida tax purposes.
Importantly, the TCJA amended s. 1031 of the Code to limit use of the provision to exchanges of
realty. Therefore, corporations must report any gain or loss as part of their income moving
forward. The effect of losing the ability to use s. 1031 of the Code may be mitigated at the
federal level because the TCJA provides 100 percent bonus depreciation deduction on the new
equipment purchase. For Florida tax purposes, companies are now required to report their
income earned on like-kind exchanges and then “spread” the bonus depreciation amount over
seven years.
III. Effect of Proposed Changes:
The bill creates s. 220.197, F.S., which provides a $2 million credit against the 2018 state
corporate income tax of certain motor vehicle rental, motor vehicle leasing, and motor vehicle
financing companies. A corporation is eligible for a $2 million credit if it deferred gains on the
sale of its personal property assets under s. 1031 of the Internal Revenue Code for the purposes
of federal income tax during its taxable year that began on or after August 1, 2016, but before
August 1, 2017, and it is:
A car rental or leasing company that is classified under NAICS14 industry group code 53211,
that had a final tax liability of more than $15 million for its taxable year beginning on or after
August 1, 2017, and before August 1, 2018. This tax liability must also be at least 700
percent greater than its final tax liability from its prior tax year; or
A car sales financing establishment or car leasing company, classified under NAICS industry
group code 522220 and 532112, respectively, that had a final tax liability of more than $15
million for its taxable year beginning on or after August 1, 2017, and before August 1, 2018.
This tax liability must also be at least $15 million greater than its final tax liability from the
prior tax year.
The bill fixes the NAICS references used in s. 220.197, F.S., to the version published in 2007 by
the Office of Management and Budget, Executive Office of the President.
12
See s. 1031(a)(1), IRC (2016)
13
Gerald Auten, David Joulfaian, and Romen Mookerjee, Recent Trends in Like-kind Exchanges, 1 (August 1, 2017),
available at https://ssrn.com/abstract=3049029 or http://dx.doi.org/10.2139/ssrn.3049029. “Indeed, the most common like-
kind exchanges are now those involving the ‘trade-in’ of vehicles and replacement vehicles and vehicle fleets, e.g., by rental
car companies, farmers, and businesses.”
14
The NAICS is the North American Industry Classification System developed by the Office of Management and Budget for
use by Federal statistical agencies to classify business establishments for the collection, analysis, and publication of statistical
data related to the U.S. business economy. U.S. Census Bureau, Introduction to NAICS,
https://www.census.gov/eos/www/naics/ (last visited Feb. 4, 2020).
BILL: CS/SB 1240 Page 5
The bill operates retroactively to January 1, 2018, and takes effect upon becoming law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Some motor vehicle rental, leasing, or financing companies may qualify for a $2 million
credit against their Florida taxes for the 2018 taxable year.
C. Government Sector Impact:
The Revenue Estimating Conference has not yet determined the fiscal impact of the bill.
The Department of Revenue will incur expenses related to creating and issuing a
Taxpayer Information Publication (TIP) to alert eligible taxpayers about the 1031
exchange tax credit.15
15
Florida Department of Revenue, SB 1240 Agency Analysis at 4 (Dec. 29, 2019), on file with the Committee on Commerce
and Tourism.
BILL: CS/SB 1240 Page 6
VI. Technical Deficiencies:
Section 220.02(8), F.S., provides the order in which credits may be applied against a
corporation’s income tax to reduce its overall tax burden; the bill does not provide guidance
regarding the order in which the 1031 exchange tax credit should be applied.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 220.197 of the Florida Statutes:
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on February 4, 2020:
The CS reduces the total tax credit available from $10 million to $2 million per taxpayer.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1240
Ì306312nÎ306312
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Gruters) recommended the
following:
1 Senate Amendment
2
3 Delete line 20
4 and insert:
5 (2) A taxpayer is eligible for a $2 million credit against
Page 1 of 1
2/3/2020 8:01:01 AM 577-02928-20
Florida Senate - 2020 SB 1240 Florida Senate - 2020 SB 1240
By Senator Gruters
23-01181B-20 20201240__ 23-01181B-20 20201240__
1 A bill to be entitled 30 before application of the credit authorized by this section, is
2 An act relating to a corporate income tax credit; 31 greater than $15 million and is at least 700 percent greater
3 creating s. 220.197, F.S.; defining the term “NAICS”; 32 than its final tax liability for its taxable year beginning on
4 providing a credit against the corporate income tax, 33 or after August 1, 2016, and before August 1, 2017; or
5 for a specified amount and for a specified taxable 34 (b)1. The taxpayer is classified under NAICS industry group
6 year, for taxpayers classified in the sales financing 35 code 522220 or 532112;
7 or passenger car rental or leasing industries which 36 2. The taxpayer deferred gains on the sale of personal
8 meet certain criteria; providing for retroactive 37 property assets for federal income purposes under s. 1031 of the
9 operation; providing an effective date. 38 Internal Revenue Code during its taxable year beginning on or
10 39 after August 1, 2016, and before August 1, 2017; and
11 Be It Enacted by the Legislature of the State of Florida: 40 3. The taxpayer’s final tax liability for its taxable year
12 41 beginning on or after August 1, 2017, and before August 1, 2018,
13 Section 1. Section 220.197, Florida Statutes, is created to 42 before application of the credit authorized by this section, is
14 read: 43 greater than $15 million and is at least $15 million greater
15 220.197 1031 exchange tax credit.— 44 than its final tax liability for its taxable year beginning on
16 (1) As used in this section, the term “NAICS” means those 45 or after August 1, 2016, and before August 1, 2017.
17 classifications contained in the North American Industry 46 (3) This section operates retroactively to January 1, 2018.
18 Classification System, as published in 2007 by the Office of 47 Section 2. This act shall take effect upon becoming a law.
19 Management and Budget, Executive Office of the President.
20 (2) A taxpayer is eligible for a $10 million credit against
21 the tax imposed by this chapter for its 2018 taxable year if:
22 (a)1. The taxpayer is classified under NAICS industry group
23 code 53211;
24 2. The taxpayer deferred gains on the sale of personal
25 property assets for federal income purposes under s. 1031 of the
26 Internal Revenue Code during its taxable year beginning on or
27 after August 1, 2016, and before August 1, 2017; and
28 3. The taxpayer’s final tax liability for its taxable year
29 beginning on or after August 1, 2017, and before August 1, 2018,
Page 1 of 2 Page 2 of 2
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The Florida Senate
APPEARANCE RECORD
(Deli er BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
iZ- r)
Bill Number (if applicable)
Topic Ov
Amendment Barcode (if applicable)
Name
Job Title _ ) a t/T
Address ~// A J i Ls
Street " Phone 2- 7- 7-y
/- <-
City Email
State Zip
Speaking: For Against Information
Waive Speaking: E In Support Against
(The Chair will read this information into the record.)
Appearing at request of Chair: EH Yes No Lobbyist registered with Legislature:
This form is part of the public record for this meeting.
c nrn /¦-i n/n /t i
Duplicate
The Florida Senate
appearance record
2-4-2020 (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
Meeting Date
1240
Bill Number (if applicable)
Topic Corporate Income Tax
Amendment Barcode (if applicable)
Name KurtWenner
Job Title Vice President
Address 106 N Bronough
Phone 850-222-5052
Street
Tallahassee FL 32301 Email kwenner@floridataxwatch.org
City State Zip
Speaking: h For E Against C Information
Waive Speaking: C In Support I I Against
(The Chair will read this information into the record.)
Representing Florida TaxWatch
Appearing at request of Chair: Yes 0 No Lobbyist registered with Legislature: Yes 0 No
This form is part of the public record for this meetina
S-001 (10/14/14)
The Florida Senate
APPEARANCE RECORD
(Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
pff
Meeting Date
Bill Number (if applicable)
Topic Amendment Barcode (if applicable)
Name - C- /i m: • :
Phone
Email
Speaking: C For [ Against | | Information Waive Speaking:
In Support | | Against
(The Chair will reacfthis information into the record.)
j
Representing ;
Appearing at request of Chair: Q Yes Lobbyist registered with Legislature:
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
This form is part of the public record for this meetinn
The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
BILL: CS/SB 1642
INTRODUCER: Senator Gruters
SUBJECT: Tax Exemptions
DATE: February 4, 2020 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Reeve McKay CM Fav/CS
2. FT
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1642 makes changes to Florida’s tax statutes. The bill:
Exempts from sales tax the purchase of aircraft equipment used for advanced training
purposes as part of a contract with the U.S. Department of Defense (DOD) or a military
branch of a recognized foreign government;
Exempts from use tax aircraft owned by a nonresident if the aircraft enters or remains in the
state to be used in service of a contract with the DOD or with a military branch of a
recognized foreign government;
Exempts from sales tax the purchase of parts and accessories for industrial machinery and
equipment;
Increases a property tax discount from 50 percent to 100 percent for certain multifamily
projects that provide affordable housing to low-income families; and
Allows projects that create intellectual property to qualify for the Capital Investment Tax
Credit.
Except as otherwise provided, the bill takes effect upon becoming law.
BILL: CS/SB 1642 Page 2
II. Present Situation:
Sales and Use Tax
Florida levies a 6 percent sales and use tax on the sale or rental of most tangible personal
property,1 admissions,2 transient rentals,3 and a limited number of services. Chapter 212, F.S.,
contains provisions authorizing the levy and collection of Florida’s sales and use tax, as well as
the exemptions and credits applicable to certain items or uses under specified circumstances.
Sales tax is added to the price of the taxable good or service and collected from the purchaser at
the time of sale.4 Sales tax receipts accounted for approximately 77 percent of the state’s General
Revenue in Fiscal Year 2018-2019.5
Sales and Use Tax Exemptions
Aircraft Purchases
Section 212.05, F.S., provides exemptions from the sales and use tax on the purchase of an
aircraft by a nonresident of the state if the purchaser removes the aircraft from the state within 10
days after the date of purchase or, when the aircraft is repaired or altered, within 20 days after the
completion of the repairs or alterations. Within 10 days of an aircraft’s removal from the state, a
purchaser must provide to the Department of Revenue (DOR) proof of the removal in the form of
receipts for fuel, tie-down, or hangaring from outside of Florida. A purchaser must also provide
the DOR, within 30 days of departure, with written proof that the purchaser licensed or
registered the aircraft outside the state. If a purchaser fails to remove an aircraft within the
specified period; returns to Florida within 6 months after the purchase, except as provided in s.
212.08(7)(fff), F.S.; or does not provide the DOR with the required information the purchaser
must pay the use tax on the cost of the aircraft and a penalty equal to the tax payable.
As provided for in s. 212.08(7)(fff), F.S., aircrafts owned by a nonresident are exempt from use
tax if the aircraft enters and remains in Florida for less than a total of 21 days during the 6-month
period after the date of purchase, or if the aircraft enters or remains in Florida exclusively for the
purposes of flight training, repairs, alterations, refitting, or modification. These conditions must
be proven with invoices or written documentation.
Imports and Exports of Aircraft
Use tax applies to and is due on tangible personal property, e.g. aircraft, imported or caused to be
imported into the state for use, consumption, distribution, or storage to be used or consumed in
this state. It is presumed that the tangible personal property used in another state, territory, or the
District of Columbia for 6 months or longer before being imported into this state was not
purchased for use in this state.6
1
Section 212.05, F.S.
2
Section 212.04, F.S.
3
Section 212.03, F.S.
4
Florida Department of Revenue, Florida Sales and Use Tax, available at
https://floridarevenue.com/taxes/taxesfees/pages/sales_tax.aspx (last visited Feb. 4, 2020).
5
Office of Economic and Demographic Research, Florida Tax Handbook, 16 (2019), available at
http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2019.pdf (last visited Feb. 4, 2020).
6
Section 212.06(8)(a), F.S.
BILL: CS/SB 1642 Page 3
Aircraft exported under their own power outside the continental United States are tax exempt
when a validated U.S. customs declaration and the canceled U.S. registry of the aircraft are
submitted to the DOR.7
Aircraft Manufacturers
Section 212.08(11), F.S., provides that the sales tax imposed on an aircraft sold by a
manufacturer is equal to the amount of sales tax that would be imposed by the state where the
aircraft will be domiciled, up to the 6 percent imposed by Florida.8 This partial exemption only
applies if the purchaser is a resident of another state who will not use the aircraft in Florida; if
the purchaser is a resident of another state and uses the aircraft in interstate or foreign commerce;
or if the purchaser is a resident of a foreign country. The purchaser must provide a sworn
affidavit stating they are not a resident of the state and where the aircraft will be domiciled. If the
aircraft is used in the state within 6 months of purchase,9 the purchaser must pay the full use tax
on the aircraft and a penalty of 10 percent of the tax pursuant to s. 212.12(2), F.S.
Industrial Machinery and Equipment
Section 212.08(7)(jjj), F.S., exempts the purchase of industrial machinery and equipment from
sales and use tax if the equipment is purchased by an eligible manufacturing business and used at
a fixed location in the state for the manufacture, processing, compounding, or production of
items of tangible personal property for sale.
“Eligible manufacturing business” means any business whose primary business activity10 where
the industrial machinery and equipment are located is within the industries classified under the
North American Industry Classification System (NAICS) codes 31-33, 112511, and 423930,
pertaining to manufacturing, finfish farming and fish hatcheries, and recyclable material
merchant wholesalers, respectively.11
“Industrial machinery and equipment” means tangible personal property or other property with a
depreciable life of 3 years or more that is used as an integral part in the manufacturing,
processing, compounding, or production of tangible personal property for sale. The term includes
parts and accessories for industrial machinery and equipment only if the parts and accessories are
purchased before the date the machinery and equipment are placed in service.
7
Section 212.06(5)(a)1., F.S.
8
Tax may not be imposed if the state where the aircraft will be domiciled exempts aircraft from sales and use tax. Section
212.08(11)(c), F.S.
9
Section 212.08(11)(d), F.S. specifies that the purchaser must pay the full tax and the penalty if the aircraft is used in the
state within 6 months of the purchase in violation of the intent of [subsection 11 of s. 212.08, F.S.].
10
Section 212.08(7)(jjj)2.d., F.S., defines “primary business activity” as activity representing more than 50 percent of the
activities conducted at the location where the industrial machinery and equipment are located.
11
North American Industry Classification Systems Association, NAICS Code List, available at
https://www.naics.com/search/#naics (last visited Feb. 4, 2020). The manufacturing sector represented by NAICS codes 31,
32, and 33 comprises establishments engaged in the mechanical, physical, or chemical transformation of raw materials into
new products. See North American Industry Classification Systems Association, NAICS Code Description: 31-33 –
Manufacturing, available at https://www.naics.com/naics-code-description/?code=31-33 (last visited Feb. 4, 2020).
BILL: CS/SB 1642 Page 4
The purchaser must provide the seller with a signed certificate certifying the purchaser’s
entitlement to the tax exemption; this certificate relieves the seller of any potential tax liability
on nonqualified purchases.
Property Taxation
The ad valorem tax or “property tax” is an annual tax levied by counties, municipalities, school
districts, and some special districts. The tax is based on the taxable value of property as of
January 1 of each year.12
The property appraiser annually determines the “just value”13 of property within the taxing
authority and then applies relevant exclusions, assessment limitations, and exemptions to
determine the property’s “taxable value.”14 Tax bills are mailed in November of each year based
on the previous January 1 valuation and payment is due by March 31.
The Florida Constitution prohibits the state from levying ad valorem taxes15 and limits the
Legislature’s authority to provide for property valuations at less than just value, unless expressly
authorized.16 The just valuation standard generally requires the property appraiser to consider the
highest and best use of property.17
Affordable Housing
The Florida Constitution provides that portions of property used predominately for educational,
literary, scientific, religious, or charitable purposes may be exempted by general law from
taxation.18
Section 198.1978, F.S., authorizes property tax exemption for property owned by certain exempt
entities which provide affordable housing under the charitable purposes exemption. The property
must be owned entirely by a not-for-profit corporation used to provide affordable housing
through any state housing program under ch. 420, F.S., and serving low-income and very-low-
income persons.19 In order to qualify for the exemption, the property must comply with s.
12
Both real property and tangible personal property are subject to tax. Section 192.001(12), F.S., defines “real property” as
land, buildings, fixtures, and all other improvements to land. Section 192.001(11)(d), F.S., defines “tangible personal
property” as all goods, chattels, and other articles of value capable of manual possession and whose chief value is intrinsic to
the article itself.
13
Property must be valued at “just value” for purposes of property taxation, unless the Florida Constitution provides
otherwise. FLA. CONST. art VII, s. 4. Just value has been interpreted by the courts to mean the fair market value that a willing
buyer would pay a willing seller for the property in an arm’s-length transaction. See Walter v. Shuler, 176 So. 2d 81 (Fla.
1965); Deltona Corp. v. Bailey, 336 So. 2d 1163 (Fla. 1976); Southern Bell Tel. & Tel. Co. v. Dade County, 275 So. 2d 4
(Fla. 1973).
14
See s. 192.001(2) and (16), F.S.
15
FLA. CONST. art. VII, s. 1(a).
16
See FLA. CONST. art. VII, s. 4.
17
Section 193.011(2), F.S.
18
FLA. CONST. art. VII, s. 3.
19
The not for profit corporation must qualify as charitable under s. 501(c)(3) of the Internal Revenue Code and other federal
regulations. See 26 U.S.C. § 501(c)(3) (“charitable purposes” include relief of the poor, the distressed or the underprivileged,
the advancement of religion, and lessening the burdens of government).
BILL: CS/SB 1642 Page 5
196.195, F.S., for determining non-profit status of the property owner and s. 196.196, F.S., for
determining exempt status of the use of the property.
In 2017, the Legislature provided that property used as affordable housing will be considered a
charitable purpose and qualify for a 50 percent property tax discount if the property:
Provides affordable housing to natural persons or families meeting the extremely-low, very-
low, or low-income limits specified in s. 420.0004, F.S.;
Contains more than 70 units used to provide affordable housing to the above group; and
Is subject to an agreement with the Florida Housing Finance Corporation to provide
affordable housing to the above group, recorded in the official records of the county in which
the property is located.20
The property tax discount begins on January 1 of the year following the 15th year of the term of
the agreement on those portions of the affordable housing property that provide the housing as
described above. The discount terminates when the property is no longer serving extremely-low,
very-low, or low-income persons pursuant to the recorded agreement. The discount is applied to
taxable value prior to tax rolls being reported to taxing authorities.21
Capital Investment Tax Credit
The Capital Investment Tax Credit (CITC) grants a tax credit to qualifying businesses of up to 5
percent of the eligible capital costs generated by a qualifying project.22 The credit may be applied
against corporate income tax or insurance premium tax liabilities generated by or arising out of a
qualifying project.
Section 220.191, F.S., defines the projects that are eligible for the program. They include:
A new or expanded facility in a designated high-impact sector23 that creates at least 100 new
jobs;
A new or expanded facility in a target industry24 that creates or retains at least 1,000 jobs,
provided that at least 100 of those jobs are new, pay an annual average wage of at least 130
percent of the average private sector wage in the area, and result in a cumulative capital
investment of at least $100 million; and
A new or expanded headquarters facility located in an enterprise zone and brownfield area
that creates at least 1,500 jobs which on average pay at least 200 percent of the statewide
average annual private sector wage and makes a cumulative capital investment in this state of
at least $250 million.
20
Chapter 2017-36, s. 6, Laws of Fla.
21
Section 196.1978(c), F.S.
22
Section 220.191(2)(a), F.S. Eligible capital costs include all expenses incurred in the acquisition, construction, installation,
and equipping of a project from the beginning of construction to the commencement of operations.
23
The sectors currently designated as high impact are transportation equipment (including aviation and aerospace),
information technology, life sciences, financial services, corporate headquarters, and clean energy. See Office of Program
Policy Analysis and Government Accountability, Florida Economic Development Program Evaluations – Year 7, 17 (2019),
available at http://www.oppaga.state.fl.us/MonitorDocs/Reports/pdf/1916rpt.pdf (last visited Feb. 4, 2020).
24
The current targeted industries are aviation and aerospace; life sciences; manufacturing; defense and homeland security;
information technology; financial and professional services; logistics and distribution; research and development; cleantech;
and corporate headquarters. See Enterprise Florida, Inc., Qualified Targeted Industries for Incentives, available at
https://www.enterpriseflorida.com/wp-content/uploads/SI_Targeted_Industries.pdf (last visited Feb. 4, 2020).
BILL: CS/SB 1642 Page 6
The annual tax credit may not exceed the following percentages of the annual corporate income
tax liability or the insurance premium tax liability generated by or arising out of a qualifying
project:
100 percent for a qualifying project which results in a cumulative capital investment of at
least $100 million;
75 percent for a qualifying project which results in a cumulative capital investment of at least
$50 million but less than $100 million; or
50 percent for a qualifying project which results in a cumulative capital investment of at least
$25 million but less than $50 million.25
A qualifying business that establishes a qualifying project in an enterprise zone and brownfield
area that creates at least 1,500 jobs which on average pay at least 200 percent of the statewide
average annual private sector wage and makes a cumulative capital investment in this state of at
least $250 million is eligible for a tax credit in an amount equal to the lesser of $15 million or 5
percent of the eligible capital costs made in connection with the project. This tax credit may be
granted annually for a period of up to 20 years beginning with the commencement of operations
of the project. The total tax credit provided to such a qualifying business may not exceed 100
percent of the eligible capital costs of the project.26
The Department of Economic Opportunity, upon a recommendation by Enterprise Florida, Inc.,
must first certify a business as eligible to receive tax credits under the CITC prior to the
commencement of operations of a qualifying project and transfer such certification to the DOR.
The DOR will then enter into a written agreement with the qualifying business specifying the
method by which income generated by a qualifying project will be determined.27 Prior to
receiving tax credits under the CITC, a qualifying business must achieve and maintain the
minimum employment goals beginning with the commencement of operations at a qualifying
project.28
III. Effect of Proposed Changes:
Section 1 of the bill amends s. 196.1978, F.S., to increase the ad valorem tax discount from 50
percent to 100 percent on multifamily projects that provide housing to extremely-low-income,
very-low-income, or low-income families. The bill also provides that such a multifamily project
will receive the ad valorem tax discount beginning in the 16th year of the term of agreement on
the affordable housing property; current law provides that the discount will begin on January 1 of
the year following the 15th year of such an agreement.
Section 1 takes effect January 1, 2021.
Section 2 amends s. 212.08(5), F.S., exempting aircraft equipment used in government contracts
from sales and use tax. Under the bill, equipment used to service, test, operate, upgrade, or
configure aircraft for advanced training purposes as part of any contract with the DOD or with a
military branch of a recognized foreign government is exempt from sales and use tax.
25
Section 220.191(2)(a), F.S.
26
Section 220.191(3)(a), F.S.
27
Section 220.191(5), F.S.
28
Section 220.191(4), F.S.
BILL: CS/SB 1642 Page 7
“Equipment” includes electric and hydraulic ground power units, jet starter units, oxygen
servicing and test equipment, engine trim boxes, and communications and avionics test sets.
Section 2 also amends s. 212.08(7)(fff), F.S., to provide that an aircraft owned by a nonresident
is exempt from use tax if the aircraft enters or remains in the state exclusively to be used in
service of a contract with the DOD or with a military branch of a recognized foreign
government.
Section 2 takes effect July 1, 2020.
Section 3 amends s. 212.08(7)(jjj), F.S., relating to tax exemptions for the purchase of industrial
machinery and equipment by an eligible manufacturing business. Under current law, parts and
accessories for industrial machinery and equipment are only included in the definition of
“industrial machinery and equipment” and exempt from sales and use tax if the parts and
accessories are purchased before the date the machinery and equipment are placed into service.
The bill expands “industrial machinery and equipment” to include parts and accessories
“necessary for the continued operation of the industrial machinery or equipment.”
Section 3 takes effect October 1, 2020.
Section 4 amends s. 220.191, F.S., to include the creation of intellectual property as a project
eligible for a tax credit under the CITC. Intellectual property includes copyrightable projects for
the development of computer software, internal development platforms, and cloud-based
services. At least 75 of the forecasted revenues for an intellectual property project must be from
outside this state.
Eligible capital costs for intellectual property projects include wages, salaries, or other
compensation paid to legal residents of Florida, as well as the cost of newly purchased software
and hardware that are located in and exclusively used in Florida. For intellectual property
projects, the qualifying project can be made up of one or more projects with different start and
completion dates. The annual average wage of intellectual property project jobs must be at least
150 percent of the average private sector wage in the area.
A qualifying business may receive a tax credit equal to 20 percent of an intellectual property
project’s eligible capital costs if the cumulative capital investment of one or more projects is in
aggregate of at least $50 million per year for 3 years and the capital investment of each
individual project is at least $3.75 million.
Taxpayers that are unable to use tax credits within 1 year due to insufficient tax liability may use
any unused amount beginning in the year of the completion date of the project through the 9th
year after completion of the project. The taxpayer may elect to transfer unused credits in any
year; receiving businesses must use the credit in the year received.
Section 4 also requires that the Department of Economic Opportunity must first certify a
business as eligible to receive tax credits under the CITC prior to the commencement of
operations or the completion date of a qualifying project. Prior to receiving tax credits under the
BILL: CS/SB 1642 Page 8
CITC, a qualifying business must achieve and maintain the minimum employment goals
beginning with the commencement of operations or the completion date or a qualifying project.
Section 5 updates a cross-reference in s. 288.1089, F.S., referring to the definition of
“cumulative investment” in s. 220.191, F.S.
Section 6 provides that, except as expressly provided for in the bill, the bill takes effect upon
becoming law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18 of the Florida Constitution governs laws that require counties and
municipalities to spend funds, limit the ability of counties and municipalities to raise
revenue, or reduce the percentage of state tax shared with counties and municipalities.
Subsection (b) of s. 18, Art. VII of the Florida Constitution provides that except upon
approval of each house of the Legislature by two-thirds vote of the membership, the
legislature may not enact, amend, or repeal any general law if the anticipated effect of
doing so would be to reduce the authority that municipalities or counties have to raise
revenue in the aggregate, as such authority existed on February 1, 1989. The mandate
requirements do not apply to laws having an insignificant fiscal impact,29, 30 which is $2.1
million or less for Fiscal Year 2019-2020.31
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
29
FLA. CONST. art. VII, s. 18(d).
30
An insignificant fiscal impact is the amount not greater than the average statewide population for the applicable fiscal year
multiplied by $0.10. See Florida Senate Committee on Community Affairs, Interim Report 2012-115: Insignificant Impact,
(September 2011), available at http://www.flsenate.gov/PublishedContent/Session/2012/InterimReports/2012-115ca.pdf (last
visited Feb. 4, 2020).
31
Based on the Demographic Estimating Conference’s population adopted on July 8, 2019, available at
http://edr.state.fl.us/Content/conferences/population/ConferenceResults.pdf (last visited Feb. 4, 2020).
BILL: CS/SB 1642 Page 9
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
The Revenue Estimating Conference has not yet met regarding the bill.
B. Private Sector Impact:
Owners of multifamily projects that provide housing to extremely-low-income, very-low-
income, or low-income families will realize additional savings on ad valorem taxes.
Purchasers of aircraft equipment used as part of a contract with the DOD or a military
branch of a recognized foreign government, nonresident owners of aircraft that enter or
remain in Florida to be used as part of a contract with the DOD or a military branch of a
recognized foreign government, and eligible manufacturing businesses purchasing parts
and accessories necessary for the continued operation of industrial machinery or
equipment will realize savings.
Qualified businesses that establish qualified intellectual property projects will realize
savings on corporate income tax and insurance premium tax liabilities.
C. Government Sector Impact:
The DOR has indicated that the bill would have no impact on its expenditures.
VI. Technical Deficiencies:
The bill’s title is “An act relating to tax exemptions,” but the CITC is a credit for taxes paid, not
an exemption from taxation.
VII. Related Issues:
The bill exempts parts and accessories for industrial machinery and equipment purchased by an
eligible manufacturing business from sales tax if the parts and accessories are “necessary for the
continued operation of the industrial machinery or equipment.” The bill does not provide specific
criteria that parts and accessories must meet in order to be considered “necessary.” Without any
such criteria, there could be differing interpretations as to whether particular parts or accessories
are eligible for the exemption.
VIII. Statutes Affected:
The bill substantially amends the following sections of the Florida Statutes: 196.1978, 212.08,
220.191, and 288.1089.
BILL: CS/SB 1642 Page 10
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Commerce and Tourism on February 4, 2020:
Increases the discount on ad valorem taxes owed on property in a multifamily project
from 50 percent to 100 percent of the property’s value;
Changes the discount’s start date from the 15th year of the project’s agreement to the
16th year of the project’s agreement;
Allows projects that create intellectual property to qualify for the Capital Investment
Tax Credit; and
Creates a tax credit equal to 20 percent of a qualified business’s capital costs when a
business establishes an intellectual property project with a cumulative capital
investment of at least $50 million per year for 3 years.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
Florida Senate - 2020 COMMITTEE AMENDMENT
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2020 .
.
.
.
The Committee on Commerce and Tourism (Gruters) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Effective January 1, 2021, section 196.1978,
6 Florida Statutes, is amended to read:
7 196.1978 Affordable housing property exemption.—
8 (1) Property used to provide affordable housing to eligible
9 persons as defined by s. 159.603 and natural persons or families
10 meeting the extremely-low-income, very-low-income, low-income,
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11 or moderate-income limits specified in s. 420.0004, which is
12 owned entirely by a nonprofit entity that is a corporation not
13 for profit, qualified as charitable under s. 501(c)(3) of the
14 Internal Revenue Code and in compliance with Rev. Proc. 96-32,
15 1996-1 C.B. 717, is considered property owned by an exempt
16 entity and used for a charitable purpose, and those portions of
17 the affordable housing property that provide housing to natural
18 persons or families classified as extremely low income, very low
19 income, low income, or moderate income under s. 420.0004 are
20 exempt from ad valorem taxation to the extent authorized under
21 s. 196.196. All property identified in this subsection section
22 must comply with the criteria provided under s. 196.195 for
23 determining exempt status and applied by property appraisers on
24 an annual basis. The Legislature intends that any property owned
25 by a limited liability company which is disregarded as an entity
26 for federal income tax purposes pursuant to Treasury Regulation
27 301.7701-3(b)(1)(ii) be treated as owned by its sole member.
28 (2)(a) Notwithstanding ss. 196.195 and 196.196, property in
29 a multifamily project that meets the requirements of this
30 paragraph is considered property used for a charitable purpose
31 and shall receive a 100 50 percent discount from the amount of
32 ad valorem tax otherwise owed beginning in the 16th with the
33 January 1 assessment after the 15th completed year of the term
34 of the recorded agreement on those portions of the affordable
35 housing property that provide housing to natural persons or
36 families meeting the extremely-low-income, very-low-income, or
37 low-income limits specified in s. 420.0004. The multifamily
38 project must:
39 1. Contain more than 70 units that are used to provide
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40 affordable housing to natural persons or families meeting the
41 extremely-low-income, very-low-income, or low-income persons
42 limits specified in s. 420.0004; and
43 2. Be subject to an agreement with the Florida Housing
44 Finance Corporation recorded in the official records of the
45 county in which the property is located to provide affordable
46 housing to natural persons or families meeting the extremely-
47 low-income, very-low-income, or low-income limits specified in
48 s. 420.0004.
49
50 This discount terminates if the property no longer serves
51 extremely-low-income, very-low-income, or low-income persons
52 pursuant to the recorded agreement.
53 (b) To receive the discount under paragraph (a), a
54 qualified applicant must submit an application to the county
55 property appraiser by March 1.
56 (c) The property appraiser shall apply the discount by
57 reducing the taxable value on those portions of the affordable
58 housing property that provide housing to natural persons or
59 families meeting the extremely-low-income, very-low-income, or
60 low-income limits specified in s. 420.0004 before certifying the
61 tax roll to the tax collector.
62 1. The property appraiser shall first ascertain all other
63 applicable exemptions, including exemptions provided pursuant to
64 local option, and deduct all other exemptions from the assessed
65 value.
66 2. One hundred Fifty percent of the remaining value shall
67 be subtracted to yield the discounted taxable value.
68 3. The resulting taxable value shall be included in the
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69 certification for use by taxing authorities in setting millage.
70 4. The property appraiser shall place the discounted amount
71 on the tax roll when it is extended.
72 Section 2. Effective July 1, 2020, paragraph (fff) of
73 subsection (7) of section 212.08, Florida Statutes, is amended,
74 and paragraph (u) is added to subsection (5) of that section, to
75 read:
76 212.08 Sales, rental, use, consumption, distribution, and
77 storage tax; specified exemptions.—The sale at retail, the
78 rental, the use, the consumption, the distribution, and the
79 storage to be used or consumed in this state of the following
80 are hereby specifically exempt from the tax imposed by this
81 chapter.
82 (5) EXEMPTIONS; ACCOUNT OF USE.—
83 (u) Aircraft equipment used in governmental contracts.—
84 Equipment, including electric and hydraulic ground power units,
85 jet starter units, oxygen servicing and test equipment, engine
86 trim boxes, and communications and avionics test sets, which is
87 used to service, test, operate, upgrade, or configure aircraft
88 for advanced training purposes as part of any contract with the
89 United States Department of Defense or with a military branch of
90 a recognized foreign government, is exempt from the tax imposed
91 by this chapter.
92 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
93 entity by this chapter do not inure to any transaction that is
94 otherwise taxable under this chapter when payment is made by a
95 representative or employee of the entity by any means,
96 including, but not limited to, cash, check, or credit card, even
97 when that representative or employee is subsequently reimbursed
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98 by the entity. In addition, exemptions provided to any entity by
99 this subsection do not inure to any transaction that is
100 otherwise taxable under this chapter unless the entity has
101 obtained a sales tax exemption certificate from the department
102 or the entity obtains or provides other documentation as
103 required by the department. Eligible purchases or leases made
104 with such a certificate must be in strict compliance with this
105 subsection and departmental rules, and any person who makes an
106 exempt purchase with a certificate that is not in strict
107 compliance with this subsection and the rules is liable for and
108 shall pay the tax. The department may adopt rules to administer
109 this subsection.
110 (fff) Aircraft temporarily in the state.—
111 1. An aircraft owned by a nonresident is exempt from the
112 use tax imposed under this chapter if the aircraft enters and
113 remains in this state for less than a total of 21 days during
114 the 6-month period after the date of purchase. The temporary use
115 of the aircraft and subsequent removal from this state may be
116 proven by invoices for fuel, tie-down, or hangar charges issued
117 by out-of-state vendors or suppliers or similar documentation
118 that clearly and specifically identifies the aircraft. The
119 exemption provided in this subparagraph is in addition to the
120 exemptions provided in subparagraphs 2. and 3. subparagraph 2.
121 and s. 212.05(1)(a).
122 2. An aircraft owned by a nonresident is exempt from the
123 use tax imposed under this chapter if the aircraft enters or
124 remains in this state exclusively for purposes of flight
125 training, repairs, alterations, refitting, or modification. Such
126 purposes shall be supported by written documentation issued by
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127 in-state vendors or suppliers which clearly and specifically
128 identifies the aircraft. The exemption provided in this
129 subparagraph is in addition to the exemptions provided in
130 subparagraph 1. and s. 212.05(1)(a).
131 3. An aircraft owned by a nonresident is exempt from the
132 use tax imposed under this chapter if the aircraft enters or
133 remains in this state exclusively to be used in service of a
134 contract with the United States Department of Defense or with a
135 military branch of a recognized foreign government. The
136 exemption provided in this subparagraph is in addition to the
137 exemptions provided in subparagraph 1. and s. 212.05(1)(a).
138 Section 3. Effective October 1, 2020, paragraph (jjj) of
139 subsection (7) of section 212.08, Florida Statutes, is amended
140 to read:
141 212.08 Sales, rental, use, consumption, distribution, and
142 storage tax; specified exemptions.—The sale at retail, the
143 rental, the use, the consumption, the distribution, and the
144 storage to be used or consumed in this state of the following
145 are hereby specifically exempt from the tax imposed by this
146 chapter.
147 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
148 entity by this chapter do not inure to any transaction that is
149 otherwise taxable under this chapter when payment is made by a
150 representative or employee of the entity by any means,
151 including, but not limited to, cash, check, or credit card, even
152 when that representative or employee is subsequently reimbursed
153 by the entity. In addition, exemptions provided to any entity by
154 this subsection do not inure to any transaction that is
155 otherwise taxable under this chapter unless the entity has
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156 obtained a sales tax exemption certificate from the department
157 or the entity obtains or provides other documentation as
158 required by the department. Eligible purchases or leases made
159 with such a certificate must be in strict compliance with this
160 subsection and departmental rules, and any person who makes an
161 exempt purchase with a certificate that is not in strict
162 compliance with this subsection and the rules is liable for and
163 shall pay the tax. The department may adopt rules to administer
164 this subsection.
165 (jjj) Certain machinery and equipment.—
166 1. Industrial machinery and equipment purchased by eligible
167 manufacturing businesses which is used at a fixed location in
168 this state for the manufacture, processing, compounding, or
169 production of items of tangible personal property for sale is
170 exempt from the tax imposed by this chapter. If, at the time of
171 purchase, the purchaser furnishes the seller with a signed
172 certificate certifying the purchaser’s entitlement to exemption
173 pursuant to this paragraph, the seller is not required to
174 collect the tax on the sale of such items, and the department
175 shall look solely to the purchaser for recovery of the tax if it
176 determines that the purchaser was not entitled to the exemption.
177 2. For purposes of this paragraph, the term:
178 a. “Eligible manufacturing business” means any business
179 whose primary business activity at the location where the
180 industrial machinery and equipment is located is within the
181 industries classified under NAICS codes 31, 32, 33, 112511, and
182 423930.
183 b. “Eligible postharvest activity business” means a
184 business whose primary business activity, at the location where
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185 the postharvest machinery and equipment is located, is within
186 the industries classified under NAICS code 115114.
187 c. “NAICS” means those classifications contained in the
188 North American Industry Classification System, as published in
189 2007 by the Office of Management and Budget, Executive Office of
190 the President.
191 d. “Primary business activity” means an activity
192 representing more than 50 percent of the activities conducted at
193 the location where the industrial machinery and equipment or
194 postharvest machinery and equipment is located.
195 e. “Industrial machinery and equipment” means tangible
196 personal property or other property that has a depreciable life
197 of 3 years or more and that is used as an integral part in the
198 manufacturing, processing, compounding, or production of
199 tangible personal property for sale. The term includes tangible
200 personal property or other property that has a depreciable life
201 of 3 years or more which is used as an integral part in the
202 recycling of metals for sale. A building and its structural
203 components are not industrial machinery and equipment unless the
204 building or structural component is so closely related to the
205 industrial machinery and equipment that it houses or supports
206 that the building or structural component can be expected to be
207 replaced when the machinery and equipment are replaced. Heating
208 and air conditioning systems are not industrial machinery and
209 equipment unless the sole justification for their installation
210 is to meet the requirements of the production process, even
211 though the system may provide incidental comfort to employees or
212 serve, to an insubstantial degree, nonproduction activities. The
213 term includes parts and accessories for industrial machinery and
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214 equipment only to the extent that the parts and accessories are
215 necessary for the continued operation of the industrial
216 machinery or equipment or were purchased before the date the
217 machinery and equipment were are placed in service.
218 f. “Postharvest activities” means services performed on
219 crops, after their harvest, with the intent of preparing them
220 for market or further processing. Postharvest activities
221 include, but are not limited to, crop cleaning, sun drying,
222 shelling, fumigating, curing, sorting, grading, packing, and
223 cooling.
224 g. “Postharvest machinery and equipment” means tangible
225 personal property or other property with a depreciable life of 3
226 years or more which is used primarily for postharvest
227 activities. A building and its structural components are not
228 postharvest industrial machinery and equipment unless the
229 building or structural component is so closely related to the
230 postharvest machinery and equipment that it houses or supports
231 that the building or structural component can be expected to be
232 replaced when the postharvest machinery and equipment is
233 replaced. Heating and air conditioning systems are not
234 postharvest machinery and equipment unless the sole
235 justification for their installation is to meet the requirements
236 of the postharvest activities process, even though the system
237 may provide incidental comfort to employees or serve, to an
238 insubstantial degree, nonpostharvest activities.
239 3. Postharvest machinery and equipment purchased by an
240 eligible postharvest activity business which is used at a fixed
241 location in this state is exempt from the tax imposed by this
242 chapter. All labor charges for the repair of, and parts and
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243 materials used in the repair of and incorporated into, such
244 postharvest machinery and equipment are also exempt. If, at the
245 time of purchase, the purchaser furnishes the seller with a
246 signed certificate certifying the purchaser’s entitlement to
247 exemption pursuant to this subparagraph, the seller is not
248 required to collect the tax on the sale of such items, and the
249 department shall look solely to the purchaser for recovery of
250 the tax if it determines that the purchaser was not entitled to
251 the exemption.
252 Section 4. Section 220.191, Florida Statutes, is amended to
253 read:
254 220.191 Capital investment tax credit.—
255 (1) DEFINITIONS.—As used in For purposes of this section,
256 the term:
257 (a) “Commencement of operations” means the beginning of
258 active operations by a qualifying business of the principal
259 function for which a qualifying project was constructed.
260 (b) “Cumulative capital investment” means the total capital
261 investment in land, buildings, and equipment, and intellectual
262 property made in connection with a qualifying project during the
263 period from the beginning of construction or the start date of
264 the project to the commencement of operations or the completion
265 of the project, as applicable.
266 (c) “Eligible capital costs” means all expenses incurred by
267 a qualifying business in connection with the acquisition,
268 construction, installation, and equipping, and development of a
269 qualifying project during the period from the beginning of
270 construction or the start date of the project to the
271 commencement of operations or the completion of the project, as
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272 applicable, including, but not limited to:
273 1. The costs of acquiring, constructing, installing,
274 equipping, and financing a qualifying project, including all
275 obligations incurred for labor and obligations to contractors,
276 subcontractors, builders, and materialmen.
277 2. The costs of acquiring land or rights to land and any
278 cost incidental thereto, including recording fees.
279 3. The costs of architectural and engineering services,
280 including test borings, surveys, estimates, plans and
281 specifications, preliminary investigations, environmental
282 mitigation, and supervision of construction, as well as the
283 performance of all duties required by or consequent to the
284 acquisition, construction, installation, and equipping of a
285 qualifying project.
286 4. The costs associated with the installation of fixtures
287 and equipment; surveys, including archaeological and
288 environmental surveys; site tests and inspections; subsurface
289 site work and excavation; removal of structures, roadways, and
290 other surface obstructions; filling, grading, paving, and
291 provisions for drainage, storm water retention, and installation
292 of utilities, including water, sewer, sewage treatment, gas,
293 electricity, communications, and similar facilities; and offsite
294 construction of utility extensions to the boundaries of the
295 property.
296 5. For the development of intellectual property, the wages,
297 salaries, or other compensation paid to legal residents of this
298 state and the costs of newly purchased computer software and
299 hardware unique to the project, including servers, data
300 processing, and visualization technologies, which are located
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301 and used exclusively in this state for the project.
302
303 Eligible capital costs shall not include the cost of any
304 property previously owned or leased by the qualifying business.
305 (d) “Income generated by or arising out of the qualifying
306 project” means the qualifying project’s annual taxable income as
307 determined by generally accepted accounting principles and under
308 s. 220.13.
309 (e) “Intellectual property” means a copyrightable project
310 for which the eligible capital costs are principally paid
311 directly or indirectly for the creation of the project. As used
312 in this paragraph, the term “copyrightable project” includes,
313 but is not limited to, a copyrightable software or multimedia
314 application and its expansion content made available to an end
315 user, internal development platforms that support the production
316 of multiple applications, cloud-based services that support the
317 functionality of multiple applications, and copyrighted projects
318 registered with the United States Copyright Office which include
319 digital visualization and sound synchronization technologies.
320 The project may not be intended for distribution solely inside
321 this state, and at least 75 percent of forecasted revenues for
322 the project must be from outside this state.
323 (f) “Jobs” means full-time equivalent positions, as that
324 term is consistent with terms used by the Department of Economic
325 Opportunity and the United States Department of Labor for
326 purposes of reemployment assistance tax administration and
327 employment estimation, resulting directly from a project in this
328 state. The term does not include temporary construction jobs
329 involved in the construction of the project facility.
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330 (g)(f) “Qualifying business” means a business which
331 establishes a qualifying project in this state and which is
332 certified by the Department of Economic Opportunity to receive
333 tax credits pursuant to this section.
334 (h)(g) “Qualifying project” means a facility or project in
335 this state meeting one or more of the following criteria:
336 1. A new or expanding facility in this state which creates
337 at least 100 new jobs in this state and is in one of the high-
338 impact sectors identified by Enterprise Florida, Inc., and
339 certified by the Department of Economic Opportunity pursuant to
340 s. 288.108(6), including, but not limited to, aviation,
341 aerospace, automotive, and silicon technology industries.
342 However, between July 1, 2011, and June 30, 2014, the
343 requirement that a facility be in a high-impact sector is waived
344 for any otherwise eligible business from another state which
345 locates all or a portion of its business to a Disproportionally
346 Affected County. For purposes of this section, the term
347 “Disproportionally Affected County” means Bay County, Escambia
348 County, Franklin County, Gulf County, Okaloosa County, Santa
349 Rosa County, Walton County, or Wakulla County.
350 2. A new or expanded facility in this state which is
351 engaged in a target industry designated pursuant to the
352 procedure specified in s. 288.106(2) and which is induced by
353 this credit to create or retain at least 1,000 jobs in this
354 state, provided that at least 100 of those jobs are new, pay an
355 annual average wage of at least 130 percent of the average
356 private sector wage in the area as defined in s. 288.106(2), and
357 make a cumulative capital investment of at least $100 million.
358 Jobs may be considered retained only if there is significant
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359 evidence that the loss of jobs is imminent. Notwithstanding
360 subsection (2), annual credits against the tax imposed by this
361 chapter may not exceed 50 percent of the increased annual
362 corporate income tax liability or the premium tax liability
363 generated by or arising out of a project qualifying under this
364 subparagraph. A facility that qualifies under this subparagraph
365 for an annual credit against the tax imposed by this chapter may
366 take the tax credit for a period not to exceed 5 years.
367 3. A new or expanded headquarters facility in this state
368 which locates in an enterprise zone and brownfield area and is
369 induced by this credit to create at least 1,500 jobs which on
370 average pay at least 200 percent of the statewide average annual
371 private sector wage, as published by the Department of Economic
372 Opportunity, and which new or expanded headquarters facility
373 makes a cumulative capital investment in this state of at least
374 $250 million.
375 4. For the creation of intellectual property, a qualifying
376 project may be made up of one or more projects with different
377 start and completion dates. The annual average wage of the
378 project jobs in this state must be at least 150 percent of the
379 average private sector wage in the area as defined in s.
380 288.106(2)(c).
381 (2)(a) An annual credit against the tax imposed by this
382 chapter shall be granted to any qualifying business in an amount
383 equal to 5 percent of the eligible capital costs generated by a
384 qualifying project, for a period not to exceed 20 years
385 beginning with the commencement of operations of the project.
386 Unless assigned as described in this subsection, the tax credit
387 shall be granted against only the corporate income tax liability
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388 or the premium tax liability generated by or arising out of the
389 qualifying project, and the sum of all tax credits provided
390 pursuant to this section shall not exceed 100 percent of the
391 eligible capital costs of the project. In no event may any
392 credit granted under this section be carried forward or backward
393 by any qualifying business with respect to a subsequent or prior
394 year. The annual tax credit granted under this section shall not
395 exceed the following percentages of the annual corporate income
396 tax liability or the premium tax liability generated by or
397 arising out of a qualifying project:
398 1. One hundred percent for a qualifying project which
399 results in a cumulative capital investment of at least $100
400 million.
401 2. Seventy-five percent for a qualifying project which
402 results in a cumulative capital investment of at least $50
403 million but less than $100 million.
404 3. Fifty percent for a qualifying project which results in
405 a cumulative capital investment of at least $25 million but less
406 than $50 million.
407 (b) A qualifying project which results in a cumulative
408 capital investment of less than $25 million is not eligible for
409 the capital investment tax credit. An insurance company claiming
410 a credit against premium tax liability under this program shall
411 not be required to pay any additional retaliatory tax levied
412 pursuant to s. 624.5091 as a result of claiming such credit.
413 Because credits under this section are available to an insurance
414 company, s. 624.5091 does not limit such credit in any manner.
415 (c) A qualifying business that establishes a qualifying
416 project that includes locating a new solar panel manufacturing
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417 facility in this state that generates a minimum of 400 jobs
418 within 6 months after commencement of operations with an average
419 salary of at least $50,000 may assign or transfer the annual
420 credit, or any portion thereof, granted under this section to
421 any other business. However, the amount of the tax credit that
422 may be transferred in any year shall be the lesser of the
423 qualifying business’s state corporate income tax liability for
424 that year, as limited by the percentages applicable under
425 paragraph (a) and as calculated prior to taking any credit
426 pursuant to this section, or the credit amount granted for that
427 year. A business receiving the transferred or assigned credits
428 may use the credits only in the year received, and the credits
429 may not be carried forward or backward. To perfect the transfer,
430 the transferor shall provide the department with a written
431 transfer statement notifying the department of the transferor’s
432 intent to transfer the tax credits to the transferee; the date
433 the transfer is effective; the transferee’s name, address, and
434 federal taxpayer identification number; the tax period; and the
435 amount of tax credits to be transferred. The department shall,
436 upon receipt of a transfer statement conforming to the
437 requirements of this paragraph, provide the transferee with a
438 certificate reflecting the tax credit amounts transferred. A
439 copy of the certificate must be attached to each tax return for
440 which the transferee seeks to apply such tax credits.
441 (d) If the credit granted under subparagraph (a)1. is not
442 fully used in any one year because of insufficient tax liability
443 on the part of the qualifying business, the unused amounts may
444 be used in any one year or years beginning with the 21st year
445 after the commencement of operations of the project and ending
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446 the 30th year after the commencement of operations of the
447 project.
448 (3)(a) Notwithstanding subsection (2), a credit against the
449 tax imposed by this chapter, against state taxes collected or
450 accrued under chapter 212, or against a stated combination of
451 the two taxes shall be granted to a qualifying business that
452 establishes a qualifying project pursuant to subparagraph
453 (1)(h)4. for which the cumulative capital investment of one or
454 more projects is an aggregate of at least $50 million per year
455 for 3 years, and the capital investment of each individual
456 project is at least $3.75 million. The tax credit shall be
457 granted in an amount equal to 20 percent of the eligible capital
458 costs generated by the qualifying project. The tax credit shall
459 be granted against the tax liability of the qualifying business.
460 (b) If the credit granted under this subsection is not
461 fully used in 1 year because of insufficient tax liability on
462 the part of the qualifying business, the unused amounts may be
463 transferred or used in any one year or years beginning with the
464 year of the completion date of the project and ending the 9th
465 year after the completion date of the project. A business
466 receiving the transferred credits may use the credits only in
467 the year received, and the credits may not be carried forward or
468 backward. A transfer must be perfected in accordance with the
469 requirements of paragraph (2)(c).
470 (4)(a) Notwithstanding subsection (2), an annual credit
471 against the tax imposed by this chapter shall be granted to a
472 qualifying business which establishes a qualifying project
473 pursuant to subparagraph (1)(h)3. (1)(g)3., in an amount equal
474 to the lesser of $15 million or 5 percent of the eligible
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475 capital costs made in connection with a qualifying project, for
476 a period not to exceed 20 years beginning with the commencement
477 of operations of the project. The tax credit shall be granted
478 against the corporate income tax liability of the qualifying
479 business and as further provided in paragraph (c). The total tax
480 credit provided pursuant to this subsection shall be equal to no
481 more than 100 percent of the eligible capital costs of the
482 qualifying project.
483 (b) If the credit granted under this subsection is not
484 fully used in any one year because of insufficient tax liability
485 on the part of the qualifying business, the unused amount may be
486 carried forward for a period not to exceed 20 years after the
487 commencement of operations of the project. The carryover credit
488 may be used in a subsequent year when the tax imposed by this
489 chapter for that year exceeds the credit for which the
490 qualifying business is eligible in that year under this
491 subsection after applying the other credits and unused
492 carryovers in the order provided by s. 220.02(8).
493 (c) The credit granted under this subsection may be used in
494 whole or in part by the qualifying business or any corporation
495 that is either a member of that qualifying business’s affiliated
496 group of corporations, is a related entity taxable as a
497 cooperative under subchapter T of the Internal Revenue Code, or,
498 if the qualifying business is an entity taxable as a cooperative
499 under subchapter T of the Internal Revenue Code, is related to
500 the qualifying business. Any entity related to the qualifying
501 business may continue to file as a member of a Florida-nexus
502 consolidated group pursuant to a prior election made under s.
503 220.131(1), Florida Statutes (1985), even if the parent of the
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504 group changes due to a direct or indirect acquisition of the
505 former common parent of the group. Any credit can be used by any
506 of the affiliated companies or related entities referenced in
507 this paragraph to the same extent as it could have been used by
508 the qualifying business. However, any such use shall not operate
509 to increase the amount of the credit or extend the period within
510 which the credit must be used.
511 (5)(4) Prior to receiving tax credits pursuant to this
512 section, a qualifying business must achieve and maintain the
513 minimum employment goals beginning with the commencement of
514 operations or the completion date of at a qualifying project and
515 continuing each year thereafter during which tax credits are
516 available pursuant to this section.
517 (6)(5) Applications shall be reviewed and certified
518 pursuant to s. 288.061. The Department of Economic Opportunity,
519 upon a recommendation by Enterprise Florida, Inc., shall first
520 certify a business as eligible to receive tax credits pursuant
521 to this section prior to the commencement of operations or the
522 completion date of a qualifying project, and such certification
523 shall be transmitted to the Department of Revenue. Upon receipt
524 of the certification, the Department of Revenue shall enter into
525 a written agreement with the qualifying business specifying, at
526 a minimum, the method by which income generated by or arising
527 out of the qualifying project will be determined.
528 (7)(6) The Department of Economic Opportunity, in
529 consultation with Enterprise Florida, Inc., is authorized to
530 develop the necessary guidelines and application materials for
531 the certification process described in subsection (6) (5).
532 (8)(7) It shall be the responsibility of the qualifying
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533 business to affirmatively demonstrate to the satisfaction of the
534 Department of Revenue that such business meets the job creation
535 and capital investment requirements of this section.
536 (9)(8) The Department of Revenue may specify by rule the
537 methods by which a project’s pro forma annual taxable income is
538 determined.
539 Section 5. Paragraph (d) of subsection (2) of section
540 288.1089, Florida Statutes, is amended to read:
541 288.1089 Innovation Incentive Program.—
542 (2) As used in this section, the term:
543 (d) “Cumulative investment” means cumulative capital
544 investment and all eligible capital costs, as defined in former
545 s. 220.191, Florida Statutes 2019.
546 Section 6. Except as otherwise expressly provided in this
547 act, this act shall take effect upon becoming a law.
548
549 ================= T I T L E A M E N D M E N T ================
550 And the title is amended as follows:
551 Delete everything before the enacting clause
552 and insert:
553 A bill to be entitled
554 An act relating to tax exemptions; amending s.
555 196.1978, F.S.; revising the affordable housing
556 property exemption to exempt from ad valorem taxation,
557 rather than provide a discount to, certain multifamily
558 projects after a certain timeframe; making clarifying
559 changes; amending s. 212.08, F.S.; providing a sales
560 tax exemption for certain aircraft equipment used as
561 part of certain governmental contracts; providing a
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562 use tax exemption for certain aircraft owned by
563 nonresidents and used in service of certain
564 governmental contracts; providing construction;
565 providing a sales tax exemption for parts and
566 accessories necessary for the continued operation of
567 certain industrial machinery or equipment; amending s.
568 220.191, F.S.; redefining terms; defining the term
569 “intellectual property”; providing a credit against
570 the corporate income tax, the sales and use tax, or a
571 stated combination of the two taxes to a qualifying
572 business that establishes a qualifying project for the
573 creation of intellectual property which meets certain
574 capital investment criteria; specifying the
575 calculation of the credit; authorizing the carryover
576 or transfer of credits, subject to certain conditions;
577 conforming provisions to changes made by the act;
578 amending s. 288.1089, F.S.; revising the definition of
579 the term “cumulative investment” to conform to changes
580 made by the act; providing effective dates.
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Florida Senate - 2020 SB 1642 Florida Senate - 2020 SB 1642
By Senator Gruters
23-01546A-20 20201642__ 23-01546A-20 20201642__
1 A bill to be entitled 30 for advanced training purposes as part of any contract with the
2 An act relating to tax exemptions; amending s. 212.08, 31 United States Department of Defense or with a military branch of
3 F.S.; providing a sales tax exemption for certain 32 a recognized foreign government is exempt from the tax imposed
4 aircraft equipment used as part of certain 33 by this chapter.
5 governmental contracts; providing a use tax exemption 34 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
6 for certain aircraft owned by nonresidents and used in 35 entity by this chapter do not inure to any transaction that is
7 service of certain governmental contracts; providing 36 otherwise taxable under this chapter when payment is made by a
8 construction; providing a sales tax exemption for 37 representative or employee of the entity by any means,
9 parts and accessories necessary for the continued 38 including, but not limited to, cash, check, or credit card, even
10 operation of certain industrial machinery or 39 when that representative or employee is subsequently reimbursed
11 equipment; providing effective dates. 40 by the entity. In addition, exemptions provided to any entity by
12 41 this subsection do not inure to any transaction that is
13 Be It Enacted by the Legislature of the State of Florida: 42 otherwise taxable under this chapter unless the entity has
14 43 obtained a sales tax exemption certificate from the department
15 Section 1. Paragraph (fff) of subsection (7) of section 44 or the entity obtains or provides other documentation as
16 212.08, Florida Statutes, is amended, and paragraph (u) is added 45 required by the department. Eligible purchases or leases made
17 to subsection (5) of that section, to read: 46 with such a certificate must be in strict compliance with this
18 212.08 Sales, rental, use, consumption, distribution, and 47 subsection and departmental rules, and any person who makes an
19 storage tax; specified exemptions.—The sale at retail, the 48 exempt purchase with a certificate that is not in strict
20 rental, the use, the consumption, the distribution, and the 49 compliance with this subsection and the rules is liable for and
21 storage to be used or consumed in this state of the following 50 shall pay the tax. The department may adopt rules to administer
22 are hereby specifically exempt from the tax imposed by this 51 this subsection.
23 chapter. 52 (fff) Aircraft temporarily in the state.—
24 (5) EXEMPTIONS; ACCOUNT OF USE.— 53 1. An aircraft owned by a nonresident is exempt from the
25 (u) Aircraft equipment used in governmental contracts.— 54 use tax imposed under this chapter if the aircraft enters and
26 Equipment, including electric and hydraulic ground power units, 55 remains in this state for less than a total of 21 days during
27 jet starter units, oxygen servicing and test equipment, engine 56 the 6-month period after the date of purchase. The temporary use
28 trim boxes, and communications and avionics test sets, which is 57 of the aircraft and subsequent removal from this state may be
29 used to service, test, operate, upgrade, or configure aircraft 58 proven by invoices for fuel, tie-down, or hangar charges issued
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59 by out-of-state vendors or suppliers or similar documentation 88 chapter.
60 that clearly and specifically identifies the aircraft. The 89 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
61 exemption provided in this subparagraph is in addition to the 90 entity by this chapter do not inure to any transaction that is
62 exemptions provided in subparagraphs 2. and 3. subparagraph 2. 91 otherwise taxable under this chapter when payment is made by a
63 and s. 212.05(1)(a). 92 representative or employee of the entity by any means,
64 2. An aircraft owned by a nonresident is exempt from the 93 including, but not limited to, cash, check, or credit card, even
65 use tax imposed under this chapter if the aircraft enters or 94 when that representative or employee is subsequently reimbursed
66 remains in this state exclusively for purposes of flight 95 by the entity. In addition, exemptions provided to any entity by
67 training, repairs, alterations, refitting, or modification. Such 96 this subsection do not inure to any transaction that is
68 purposes shall be supported by written documentation issued by 97 otherwise taxable under this chapter unless the entity has
69 in-state vendors or suppliers which clearly and specifically 98 obtained a sales tax exemption certificate from the department
70 identifies the aircraft. The exemption provided in this 99 or the entity obtains or provides other documentation as
71 subparagraph is in addition to the exemptions provided in 100 required by the department. Eligible purchases or leases made
72 subparagraph 1. and s. 212.05(1)(a). 101 with such a certificate must be in strict compliance with this
73 3. An aircraft owned by a nonresident is exempt from the 102 subsection and departmental rules, and any person who makes an
74 use tax imposed under this chapter if the aircraft enters or 103 exempt purchase with a certificate that is not in strict
75 remains in this state exclusively to be used in service of a 104 compliance with this subsection and the rules is liable for and
76 contract with the United States Department of Defense or with a 105 shall pay the tax. The department may adopt rules to administer
77 military branch of a recognized foreign government. The 106 this subsection.
78 exemption provided in this subparagraph is in addition to the 107 (jjj) Certain machinery and equipment.—
79 exemptions provided in subparagraph 1. and s. 212.05(1)(a). 108 1. Industrial machinery and equipment purchased by eligible
80 Section 2. Effective October 1, 2020, paragraph (jjj) of 109 manufacturing businesses which is used at a fixed location in
81 subsection (7) of section 212.08, Florida Statutes, is amended 110 this state for the manufacture, processing, compounding, or
82 to read: 111 production of items of tangible personal property for sale is
83 212.08 Sales, rental, use, consumption, distribution, and 112 exempt from the tax imposed by this chapter. If, at the time of
84 storage tax; specified exemptions.—The sale at retail, the 113 purchase, the purchaser furnishes the seller with a signed
85 rental, the use, the consumption, the distribution, and the 114 certificate certifying the purchaser’s entitlement to exemption
86 storage to be used or consumed in this state of the following 115 pursuant to this paragraph, the seller is not required to
87 are hereby specifically exempt from the tax imposed by this 116 collect the tax on the sale of such items, and the department
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117 shall look solely to the purchaser for recovery of the tax if it 146 building or structural component is so closely related to the
118 determines that the purchaser was not entitled to the exemption. 147 industrial machinery and equipment that it houses or supports
119 2. For purposes of this paragraph, the term: 148 that the building or structural component can be expected to be
120 a. “Eligible manufacturing business” means any business 149 replaced when the machinery and equipment are replaced. Heating
121 whose primary business activity at the location where the 150 and air conditioning systems are not industrial machinery and
122 industrial machinery and equipment is located is within the 151 equipment unless the sole justification for their installation
123 industries classified under NAICS codes 31, 32, 33, 112511, and 152 is to meet the requirements of the production process, even
124 423930. 153 though the system may provide incidental comfort to employees or
125 b. “Eligible postharvest activity business” means a 154 serve, to an insubstantial degree, nonproduction activities. The
126 business whose primary business activity, at the location where 155 term includes parts and accessories for industrial machinery and
127 the postharvest machinery and equipment is located, is within 156 equipment only to the extent that the parts and accessories are
128 the industries classified under NAICS code 115114. 157 necessary for the continued operation of the industrial
129 c. “NAICS” means those classifications contained in the 158 machinery or equipment or were purchased before the date the
130 North American Industry Classification System, as published in 159 machinery and equipment were are placed in service.
131 2007 by the Office of Management and Budget, Executive Office of 160 f. “Postharvest activities” means services performed on
132 the President. 161 crops, after their harvest, with the intent of preparing them
133 d. “Primary business activity” means an activity 162 for market or further processing. Postharvest activities
134 representing more than 50 percent of the activities conducted at 163 include, but are not limited to, crop cleaning, sun drying,
135 the location where the industrial machinery and equipment or 164 shelling, fumigating, curing, sorting, grading, packing, and
136 postharvest machinery and equipment is located. 165 cooling.
137 e. “Industrial machinery and equipment” means tangible 166 g. “Postharvest machinery and equipment” means tangible
138 personal property or other property that has a depreciable life 167 personal property or other property with a depreciable life of 3
139 of 3 years or more and that is used as an integral part in the 168 years or more which is used primarily for postharvest
140 manufacturing, processing, compounding, or production of 169 activities. A building and its structural components are not
141 tangible personal property for sale. The term includes tangible 170 postharvest industrial machinery and equipment unless the
142 personal property or other property that has a depreciable life 171 building or structural component is so closely related to the
143 of 3 years or more which is used as an integral part in the 172 postharvest machinery and equipment that it houses or supports
144 recycling of metals for sale. A building and its structural 173 that the building or structural component can be expected to be
145 components are not industrial machinery and equipment unless the 174 replaced when the postharvest machinery and equipment is
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175 replaced. Heating and air conditioning systems are not
176 postharvest machinery and equipment unless the sole
177 justification for their installation is to meet the requirements
178 of the postharvest activities process, even though the system
179 may provide incidental comfort to employees or serve, to an
180 insubstantial degree, nonpostharvest activities.
181 3. Postharvest machinery and equipment purchased by an
182 eligible postharvest activity business which is used at a fixed
183 location in this state is exempt from the tax imposed by this
184 chapter. All labor charges for the repair of, and parts and
185 materials used in the repair of and incorporated into, such
186 postharvest machinery and equipment are also exempt. If, at the
187 time of purchase, the purchaser furnishes the seller with a
188 signed certificate certifying the purchaser’s entitlement to
189 exemption pursuant to this subparagraph, the seller is not
190 required to collect the tax on the sale of such items, and the
191 department shall look solely to the purchaser for recovery of
192 the tax if it determines that the purchaser was not entitled to
193 the exemption.
194 Section 3. Except as otherwise expressly provided in this
195 act, this act shall take effect July 1, 2020.
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The Florida Senate
teliver
appearance record
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Meeting Date
Topic
Amendment Barcode (if applicable)
Name, <r
Job Title {/f
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Phone c ~LCf
City _ Email
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Appearing at request of Chair: f Yesf Ei i u T " ~
Lobbyist registered with Legislature: R esflNo
The Florida Senate
APPEARANCE RECORD
(Deli er BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
/ y/z,
Meeting Date Bill Number (if applicable)
1 opic / Af £ nt/ - \ o Amendment Barcode (if applicable)
Name N& u j
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Speaking: Q For [ Against | | Information Waive Speaking: Support O Against
(The Chair will rea this information into the record.)
Representing /i 5actctJzs}\ /
Appearing at request of Chain [ ] Yes Tno Lobbyist registered with Legislature: J ] Yes | | No
While it is a Senate tradition to encourage public testimony, time may not permit all persons wishing to speak to be heard at this
meeting. Those who do speak may be asked to limit their remarks so that as many persons as possible can be heard.
Thic fnrm /e r»0»-f r f n hlir*
CourtSmart Tag Report
Room: EL 110 Case No.: Type:
Caption: Senate Commerce Committee Judge:
Started: 2/4/2020 9:04:18 AM
Ends: 2/4/2020 10:04:00 AM Length: 00:59:43
9:04:24 AM Roll call
9:04:37 AM Chair is Vice Chair Torres so Chair can present Tab 5
9:05:00 AM Chair Gruters explain bill, SB 1140
9:05:39 AM Justin Thames, waive in support
9:05:49 AM Chair Gruters waive close
9:06:00 AM Roll call
9:06:05 AM SB 1140 Favorably
9:06:13 AM Tab 6, SB 1240, Sen. Gruters
9:07:27 AM 306312, amendment
9:07:50 AM Sen. Stewart question to sponsor
9:08:16 AM Sponsor respond
9:10:21 AM Amendment adopted
9:10:42 AM Speaker, Kurt Wenner, FL TaxWatch
9:10:44 AM Brewster Bevis, speaker
9:12:08 AM Chair Torres comments
9:12:53 AM Chair Gruters respond and close
9:13:12 AM Roll call
9:13:19 AM SB 1240 favorably
9:13:29 AM Tab 7, SB 1642, Chair Gruters
9:13:43 AM 854736 Amendment
9:15:16 AM Chair Torres question
9:15:25 AM Response
9:16:57 AM Sen. Wright comments
9:17:01 AM Amendment adopted
9:17:20 AM Nancy Stewart, Manufacturer's Assoc of FL, waives in support
9:17:29 AM Brewster Bevis, waive in support
9:17:55 AM Chair Torres comments on bill
9:18:19 AM Chair Gruters close on bill
9:18:55 AM Roll call
9:19:06 AM SB 1642 favorably
9:19:29 AM Tab 2, SB 660, Sen. Berman
9:20:58 AM Amendment 258940
9:21:41 AM Sen. Berman waive close
9:21:49 AM Amendement adopted
9:21:56 AM Keith Bell, FL Bar, Business Law Section, waive in support
9:22:06 AM Sen. Berman waive close
9:22:11 AM Roll call
9:22:19 AM SB 660 favorably
9:22:26 AM Tab 3, SB 850, Sen. Pizzo
9:23:28 AM Roll call
9:23:32 AM SB 850 favorably
9:23:51 AM Tab 4, SB 1740, Sen. Flores
9:24:39 AM Waive close
9:24:45 AM Roll call
9:24:50 AM SR 1704 favorably
9:25:05 AM Informal recess until Sen. Albritton arrives
9:32:58 AM Committee back in order
9:33:04 AM Tab 1, CS/SB 474, Sen. Albritton
9:33:47 AM Amendment 502686
9:33:59 AM SubAmendment 865724
9:35:11 AM David Roberts waive in support of sub amen
9:35:25 AM Amendment adopted
9:35:36 AM 538138 WD
9:35:48 AM 510452 WD
9:35:56 AM Amendment 867106
9:36:12 AM Amendment adopted
9:36:18 AM Amendment 569536
9:36:58 AM Sen. Torres question
9:37:11 AM Sen. Albritton to respond
9:38:41 AM Scott Jenkins, FL Home Builders Assoc, waive in support
9:38:53 AM Speaker, Chris Dawson, FL Roofing and Sheet Metal Contractors Assoc.
9:39:02 AM Admendment adopted
9:39:10 AM Amendment 751274
9:40:01 AM Tim Atkinson, Mike Holt Enterprises of Leesburg, Inc., waive in support
9:40:12 AM Amendment adopted
9:40:24 AM Amendment 891252
9:40:57 AM Speaker, Jeff Branch, FL League of Cities - against amendment
9:42:55 AM Sen. Stewart question
9:43:28 AM Sen. Albritton to respond
9:45:20 AM Follow up question Sen. Stewart
9:45:57 AM Response of sponsor
9:46:46 AM Amendment adopted
9:46:58 AM 6888848 WD
9:47:09 AM Amendment 782978
9:47:43 AM Sen. Stewart question
9:47:59 AM Response
9:48:12 AM Amendment adopted
9:48:18 AM Bak on bill as amended
9:48:36 AM Speaker, Michael Halmon, FL Assoc of Cosmotology & Tech Schools
9:50:06 AM Speaker, Phillip Snderman, Americans for Prosperity
9:50:13 AM Speaker, Cesar Grajales, The Libre Initiative
9:51:20 AM Speaker, Christian Camara, Initiative for Justice
9:52:50 AM Colton Madill, DBPR
9:52:59 AM Allen Mortham waive in support
9:53:11 AM Speaker, David Roberts, American Society of Inter Designers
9:53:30 AM Speaker, Diego Echeverri, Concerned Vets for America
9:55:50 AM Kevin Wright, waive in support
9:56:03 AM Gabriel Phillips, waive in support
9:56:07 AM John Zak, waive in support
9:56:15 AM JC Garcia, waive in support
9:56:21 AM Speaker, Logan Padgett, James Madison Institute
9:57:57 AM Dan Hendrickson, waive in support
9:58:04 AM Ron Book, waive in support
9:58:22 AM Sen. Torres comments
9:59:32 AM Sen. Stewart comments
10:00:25 AM Chair comments
10:01:12 AM Sen. Albritton to close on bill
10:02:56 AM Roll call
10:03:00 AM CS/SB 474 favorably
10:03:17 AM Sen. Stewart motions to vote YES after vote taken for SB 1642 and SB 660
10:03:36 AM Sen. Wright motions to vote YES after the vote on SB 1140
10:03:45 AM Adjournment
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