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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

Cite this document

“Post Meeting Packet - Commerce and Tourism (February 4, 2020).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-02-04-post-meeting-packet-5330-e70d40d85b/, SHA-256 c814fe92f59facc6c0d6e9c0bcfefae3da2874db8828ce93ed2070c252a85970.

Full text

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.
BILL: CS/CS/SB 474                                                                                                  Page 27

        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.
BILL: CS/CS/SB 474                                                                                  Page 28

      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).
BILL: CS/CS/SB 474                                                                                      Page 31

           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.
BILL: CS/CS/SB 474                                                                                     Page 32

         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.
BILL: CS/CS/SB 474                                                                                      Page 33

           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.
BILL: CS/CS/SB 474                                                                                          Page 34

           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.
BILL: CS/CS/SB 474                                                                                  Page 35

         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
BILL: CS/CS/SB 474                                                                                                   Page 36

         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.
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                             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




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                              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.—



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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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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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                               Ì8657246Î865724


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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                               Ì8657246Î865724


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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                                Ì8657246Î865724


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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                                Ì8657246Î865724


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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                                Ì8657246Î865724


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

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                                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.

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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




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                              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



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                               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

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                              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



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                              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




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                              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



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                              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.




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                              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



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                              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.

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     Florida Senate - 2020                           COMMITTEE AMENDMENT
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                              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;




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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



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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

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                              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.;




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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



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     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,




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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



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                              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

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     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

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                              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

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                               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.




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                              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
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                              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

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       Florida Senate - 2020                                  CS for SB 474           Florida Senate - 2020                                  CS for SB 474




       580-02430-20                                               2020474c1           580-02430-20                                               2020474c1
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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        Florida Senate - 2020                                  CS for SB 474           Florida Senate - 2020                                  CS for SB 474




        580-02430-20                                               2020474c1           580-02430-20                                               2020474c1
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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        Florida Senate - 2020                                  CS for SB 474           Florida Senate - 2020                                  CS for SB 474




        580-02430-20                                               2020474c1           580-02430-20                                                 2020474c1
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
       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




         580-02430-20                                            2020474c1
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.




                                   Page 75 of 75
       CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                                                       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
                                                                                                         Bill Number (if applicable)
 T°pic                                                       ,
                                                                                                Amendment Barcode (if applicable)
 Name V\Q.(yO Tf l\ t\lf flfr Y
 Job Title
                    V             1      r         1

Address Cto                                                j {,
                                                                                   Phone

           City                                                                   Email
             r-                 State                                Zip
Sp.,          J p, CU™*,, w.i,,ap,*„0:                                       ,„Support                   Aa,insl
                          / | (The Cha,r Wl11 read this information into the record)
    Representin9

Appearing at request of Chair:                Yes No Lobbyist registered with Legislature: Yes                               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 to the Senator or Senate Professienai 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 [ I Against              Information
                                                                                       Waive Speaking: | | In Support 1 1 Against
                                                                                      (The Chair will read this information into the record.)
    Representing

Appearing at request of Chair:                     Yes          No Lobbyist registered with Legislature:                                     Yes       No

meeting. Those w o do spelk m7vbeaske tTii t persons wishing to speak to be heard at this
                speak may be aske to limit their remarks so that as many ersons as poiibieoan be hear
This form is part of the public record for this meeting.
                                                                                                                                              S-001 (10/14/14)
                                                      The Florida Senate

      l In fm „ appearance record
    oLli <De"Ver B0TH C0PieS 0f ,0 ,he or Senate Professiona, Staff contiuCIng
       beetirfg Date ~
                                                                                 the meeting)
                                                                                                    yi£_
                                                                                                Bill Number (if applicable)
                    l hl2 AUA
                                                                                     Amendment Barcode (if applicable)
                                           CAUAfZd
 Job Title
Address


           City
                  ti iktjf         FL
                                                 State
                                                           / /
                                                                           Phone *7 Ho&O

                                                                             ~_
                                                                              ' ,                    Owt
                                                                                                     _
                                                                                                           C!o0&oiTAL,pr

                                       ni*™                        ninSw„
                             I 't~ . <77?e chaw Wl11 reacl Ms information into the record)
    Representing /tt TITUTt foft- Tt?Sn
Appearing at request of Chair I I Yes m i u • x
                      • I I res 9-Nti Lobbyist registered with Legislature:
                                                                                                 j2 fc    es        No



This form is part of the public record for this meetina.
                                                               The Florida Senate

                                                APPEARANCE RECORD
         £?<       '* L     (De ver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting,

       Meeting Date                                                                                                                HM
                                                                                                                                   Bill Number (if applicable)

 Topic M (n/LQTioMor *rrupAV ,r
                                                                                                                        Amendment Barcode (if applicable)
 Name

J0bTitle_ C fl rjro T>TiQ£f.7b/P
Address               n Ia/- CoIlfCf Av f
                                                                                                      Phone

          City
                                                          Ft                                          Emai| @J f//Jb-e.
               |   T-l/                  State
                                    OlCUfcf

Speaking: I } For DAgainst information
                                                                                                hSpea! ing:, Ql Support Against
                                                                                       (The Chair will read this information into the record.)
    Representing                                   m l

Appearing at request of Chair: Yes
                                                                            Lobbyist registered with Legislature: @YesO


This form is part of the public record for this meeting.
                                                                                                                                             S-001 (10/14/14)
                                                                 The Florida Senate

                                                 appearance record
                              (De er BOTH copies of Ms form to the Senator or Senate Professional Staff conducting the meeting)

       Meeting Date
                                                                                                                                  Bill Number (if applicable)
 Topic                    £          t
                                                                                                                       Amendment Barcode (if applicable)
 Name        .


Job Title           Pol           ( ' ri tiir

Address
           Street                                                                                     Phone

           City                                                                                       Email
                                                         State                       Zip
Speaking: Qpor DAgainst information
                                                                                                 SPea in9: C In Support C Against
                                                                                       (The Chair will read this information into the record.)
    Representing                                            / tA

Appearing at request of Chair: Yes no
                                                                            Lobbyist registered with Legislature: j/ Yes f | No


This form is part of the public record for this meeting.
                                                                                                                                            S-001 (10/14/14)
                                                                                                                                    Duplicate
                                                          The Florida Senate

        / , / appearance record
   M i o&O <De"Ver B0TH COP'eS 0f ,hlS ,0rm ,0 ,he Sena,0r °r Senate Prafessla"a' Staff conducting the meeting)

       Meeting Date                                                                                                SL
                                                                                                                   Number (if applicable)

T°Pic i f                        res s. Lr r. r
                                                                                                                  S ~ 73.
                                                                                 JS                     Amendment Barcode (if applicable)
Name

Job Title
Address                 S <                                                               Phone SO-- £20
            Street

                     ftt-LAtftrSL tr f/
                                   si                                                     Email ckv/d APPrsjh. n
                                                                           Zip
Speaking: L l For Against [U Infor ation
                                                                             Waive Spea ing: Uj In Support Against
                             y ('he c"air will read this information into the record.)
    ( epresenting m xfttTY QF j&oq                                                        T tnorfl. Tm &L-JJ

Appearing at request of Chair: [I]Yes[II|No Lobbyist registered with Legislature: [ Yes f ] No

meeting. Those who do speak mayfiea ked Mm# Sremart™- a// Persons wishing to spea to be heard at this
                                                                     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
                            (Deliver BOTH copies o, this ,orm ,o ,he Senator or Senate Professional Staff co„dUo,in9 tne eeting)

       Meeting Date                                                                                                                      8 fe \
                                                                                                                                   Bill Number (if applicable)
 "r P c Axijn A I fjr c,,i h
                                                                                                                            Ms
                                                                                                                            j * \ . s

                                                                                                                        Amendment Barcode (if applicable)
 Name         L±       A J tjtx


Job Title t/.-./i .',

Address_7?;            . ?:.v .t .r
     Street                              f
                                                                                                      Phone Vjf                               /iy
              J/. hio                                                            -7.

                   /     State                                                         Zip
Speaking: For           Against              Information
                                                                                        Waive Speakin9:                m Support            Against
                                                                                        (The Chair will read this information intot e record.)
    R,Pr°S*n,in9                                                                                                       J.                         .

Appearing a,                       ues, Chair Q Yes                                             No Lobby|sl                                p        n



This form is part of the public record for this meetina
                                                                           The Florida Senate

                                                          appearance record
                                       (Deliver BOTH copies o, this for ,he Senator or Senate Professional Staff conducting the meeting,
           MeetingiDate                                                                                                                              f ? V -? >/
                                                                                                                                           Bill Number (if applicable)
               V:          '
                                   O    \ H.        V\
                                                                                                                                  Amendment Barcode (if applicable)



 Job Title
Address_jL ' b b \/                                                                                                               - .
              Street                                                                                           Phone                       b w          j Ij v

               i       \       .
              City
                                                                   State
                                                                                                              Email         ¦-a                      £ l(
                                                                                             Zip
Speaking: For                      Against           Information
                                                                                               Waive Speaking: Kiln Support I lAoainct
                                                                                               (The will read informZnintbhe ord)
    Representing

Appearing at request of Chair: Yes F Tno
                                                                                     Lobbyist registered with Legislature: j jves ( No


 h i   '     mA _              M mm
This form is part of the oubiic rennrH fnr +h;~                  *
                                                               The Florida Senate

                                             appearance record
                           (De"' 9r B°TH C0P'eS °f th'S ,0rm to the Sena,OT °r S9nal8 Professtonal condudh, the meeting,

     / Mb ting Date "
                                                                                                                           Bill Number (if applicable)
 Topic                         / )                                                                                 7*
                                                                                                                Amendment Barcode (if applicable)
 Name                                              /            <-A

Job Title                                           KrlO cr,')
Address
           Street                                                                               Phone_V J J >/
                    7</M                                                                        Email
                                                       State                   Zip
Speaking: lUFor 0'Against Q Information
                                                                                  Waive Speaking: Din Support DAgainst
                                                                                  (The Chair will read this information into the record.)
    Representing - kcA -
                                                                              C(

Appearing at request of Chair: DvesSNo LobPyiat registereg wi,h L i8|ature: jgY QNo


This form /s Par* o ffte public record for this meeting.
                                                                                                                                     S-om
                                                                The Florida Senate

                                                    APPEARANCE RECORD
                             (Deliver BOTH copies of this form to the Senator or Senate Professional Staff conducting the meeting)
    v /o
      Meeting Date
                                                                                                                                     Bill Number (if applicable)

                  ,• f
Topic                                                                                                                     Amendment Barcode (if applicable)

Name                     .   ,                      t/< p
                                                        , 4 J
                                                          ylftf          c/(/I
                                                                           i     H


Job Title * ,'                            i   *¦f                          .. L

                                      *               / /                                                                                       / f *
Address                  r.; ,*
                                                                                                          Phone (
     Street
                                                                                     J       t
                                                                                     5 .S>     i        Email                    . A -rx ft       M,
           City                                            State                       Zip
                                                                                                                                                        C   t z       y
Speaking: [~7] For [ Against | | Information                                              Waive Speaking: O In Support Against                                    :

                                                                                          (The Chair will read this information into the record.)
                                                                                                   ~ /)
    Representing                                                                                                          j
                                                                      -5         I    j      \5i



Appearing at request of Chair:                         Yes         No Lobbyist registered with Legislature:                                      Yes        o

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 ersons as possible can be heard.

This form is part of the public record for this mppfinn
                                                           The Florida Senate

                                                 APPEARA CE RECORD
      2 » (Deliver B0TH C0Pies of this form to the Senator or Senate Professional Staff conducting the meeting)
         Meeting Date
                                                                                                                           7
                                                                                                                  Bill Number (if applicable)

Topic                 -      t4
 ¦?
                                                                                                         Amendment Barcode (if applicable)

Name                  /   / /      ; ¦    - {--



Job Title       _ _


Address                                                        . -,                        Phone
             Street
                                                                                                   /|    IC            L      c      2
                      _ *   YL O             L                : , /
                                                                                           Email.                 .    4 <4
             City                                     State                  Z/p

Speaking: [ jFor [ Against | | Information                                    Waive Speaking: In Support | | Against
                                                                               (The Chair will read this information into the record.)

      Representing / '~-                 t              Set                                                   c   f.



Appearing at request of Chair: Q Yes F No Lobbyist registered with Legislature: FF Yes f 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.

This form is part of the public record for this meetina .                                                 AH-          f A f\ A A I
                                                              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                                                                                                Phone
            Street

                                                                                                       Email
            City                                         State                       Zip
Speaking: For 1 1 A ainst 1 I Information                                               Waive Speaking: O In Support I I A ainst
                                                                                        (The Chair will read this information into the record.)

    Representing

Appearing at request of Chair: Q Yes PTno Lobbyist registered with Legislature: O Yes [jJtTo
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 meeting.                                                                                       S-001 (10/14/14)
                                                          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 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.
BILL: CS/SB 660                                                                                                       Page 9

         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.
 BILL: CS/SB 660                                                                                                Page 10

        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;
BILL: CS/SB 660                                                                                                                     Page 11

                   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
     Bill No. SB 660




                             Ì2589401Î258940


                             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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       Florida Senate - 2020                                         SB 660          Florida Senate - 2020                                         SB 660



       By Senator Berman




       31-00405A-20                                              2020660__           31-00405A-20                                               2020660__
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;

                                   Page 1 of 32                                                                Page 2 of 32
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       31-00405A-20                                               2020660__           31-00405A-20                                               2020660__
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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        31-00405A-20                                               2020660__           31-00405A-20                                               2020660__
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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        31-00405A-20                                               2020660__           31-00405A-20                                              2020660__
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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        31-00405A-20                                               2020660__           31-00405A-20                                                 2020660__
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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       Florida Senate - 2020                                        SB 1140           Florida Senate - 2020                                        SB 1140




       23-01202A-20                                           20201140__              23-01202A-20                                            20201140__
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

                                     Page 3 of 7                                                                 Page 4 of 7
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        Florida Senate - 2020                                        SB 1140           Florida Senate - 2020                                        SB 1140




        23-01202A-20                                            20201140__             23-01202A-20                                              20201140__
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

                                   Page 5 of 7                                                                    Page 6 of 7
      CODING: Words stricken are deletions; words underlined are additions.          CODING: Words stricken are deletions; words underlined are additions.
        Florida Senate - 2020                                        SB 1140




        23-01202A-20                                           20201140__
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
     CODING: Words stricken are deletions; words underlined are additions.         CODING: Words stricken are deletions; words underlined are additions.
                                                              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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                             Ì854736BÎ854736


                             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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       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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        23-01546A-20                                             20201642__
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
                             BOTH copies of this form to the Senator or Senate Professional Staff conduct ng the meeting)

    Meeting Date


Topic
                                                                                                                 Amendment Barcode (if applicable)
Name,                                    <r


Job Title                         {/f
Address
                                                                                               Phone c ~LCf

          City                                _                                               Email
Speaking:     For   Against         Information
                                                                                    iv®sPeakin9: 13nSupport CD Against
  Reprerenting

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
                             7
Job Title
                                                                            'sft 3 &
Address
            Strejpl /J D
                                                                                                                 flZ/'V) C.U . 5
            / dJ                                                               3.23/2                        ':I Ia Ic.S'&uJa ,
                                                         State                       Zip                               17
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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