Industries & Professional Activities Subcommittee, Wednesday, April 9, 2025
Summary
Meeting packet of the Industries & Professional Activities Subcommittee of the Florida House of Representatives Commerce Committee for Wednesday, April 9, 2025, 8:00 AM to 12:00 PM. The agenda lists HB 4039 (Broward County), HB 4067 (Special Beverage Licenses for Equestrian Sport Facilities in Marion County) and a proposed committee substitute for HB 1461. The bill analysis for HB 4039 states that the bill provides an exception to the Tied House Evil provisions of the Beverage Law for certain licensees, and that the Economic Impact Statement projects county revenues of $180,000 and $195,000 in the first and second fiscal years. The packet closes with Amendment No. 2 to PCS for HB 1461, offered by Representative Yarkosky.
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Industries & Professional Activities
Subcommittee
Wednesday, April 9, 2025
8:00 AM – 12:00 PM
Webster Hall (212 Knott)
Daniel Perez Mike Giallombardo
Speaker Chair
The Florida House of Representatives
Commerce Committee
Industries & Professional Activities Subcommittee
Daniel Perez Mike Giallombardo
Speaker Chair
Meeting Agenda
Wednesday, April 9, 2025
8:00am – 12:00pm
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 4039 Broward County by LaMarca
• HB 4067 Special Beverage Licenses for Equestrian Sport Facilities in Marion County by
Chamberlin
V. Consideration of the following proposed committee substitute(s):
• PCS for HB 1461 -- Industries and Professional Activities
VI. Closing Remarks
VII. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
HB 4039
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 4039 COMPANION BILL: None
TITLE: Broward County LINKED BILLS: None
SPONSOR(S): LaMarca RELATED BILLS: None
Committee References
Intergovernmental Affairs Industries & Professional State Affairs
11 Y, 4 N Activities
SUMMARY
Effect of the Bill:
The bill provides an exception to the Tied House Evil provisions of the Beverage Law for any alcohol beverage
license issued to any civic center or sports arena located within the Western Sunrise Entertainment District of City
of Sunrise, Holiday Park in City of Fort Lauderdale, or within the City of Coral Springs and provides a corresponding
exception for alcoholic beverage manufacturers, importers, distributors, and vendors for their activities in relation
to those licensees.
Fiscal or Economic Impact:
The Economic Impact Statement for the bill states the county is projected to see an increase in revenues of
$180,000 and $195,000 in the first and second fiscal years after the effective date of the bill.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides an exception to the Tied House Evil provisions of the Beverage Law for any alcohol beverage
license issued to any civic center or sports arena located within the Western Sunrise Entertainment District of City
of Sunrise, Holiday Park in City of Fort Lauderdale, or within the City of Coral Springs. The bill also provides that
Tied House Evil provisions do not apply to any alcoholic beverage manufacturer, importer, distributor, primary
American source of supply, brand owner or registrant, or vendor in relation to those licenses or the premises on
which those licensees operate. (Sections 1 and 2)
The bill provides a boundary description of the Western Sunrise Entertainment District and Holiday Park.
(Sections 3 and 4)
The bill provides an effective date of upon becoming a law. (Section 5)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The Economic Impact Statement for the bill states the county is projected to see an increase in revenues of
$180,000 and $195,000 in the first and second fiscal years after the effective date of the bill.
STORAGE NAME: h4039b.IPA
DATE: 3/28/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Beverage Law
In Florida, the Beverage Law1 regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors.2 The Division of Alcoholic Beverages and Tobacco (Division) in the
Department of Business and Professional Regulation (DBPR) administers and enforces the Beverage Law.3
Special Licenses
Under the Beverage Law, there is not a limit on the number of licenses DBPR may issue to businesses selling malt
beverages or wine. However, the law limits the number of licenses for selling distilled spirits to one license per
7,500 residents within the county with a minimum of three licenses per county for counties that have approved the
sale of intoxicating liquors.4 These licenses are known as quota licenses and are the only alcoholic beverage license
type that is limited in number.
There are several exceptions to the quota license limitation.5 DBPR may issue a special license to businesses that
meet the requirements set out in one of the exceptions. The special license allows businesses to serve any alcoholic
beverages regardless of alcohol content. One exception authorizes the Division to issue a special license for on-
premises consumption to any civic center authority or sports arena authority created by state law or local
ordinance or to any civic center or sports arena that is owned by a political subdivision of the state.6 A license
issued under this exception may be transferred to a qualified applicant who provides food services for the facility
pursuant to a contract with the governmental entity that owns the facility.7 The license is the exclusive property of
the governmental entity and reverts to the government entity by operation of law in the event the contract
between the governmental entity and the qualified applicant is terminated.8
Three-Tier System and Tied House Evil
Since the repeal of Prohibition, regulation of alcohol in the United States has traditionally been based upon what is
termed the “three-tier system.” The system requires separation of the manufacture, distribution, and sale of
alcoholic beverages. The manufacturer creates the beverages, and the distributor obtains the beverages from the
manufacturer to deliver to the vendor. The vendor makes the ultimate sale to the consumer.9 Generally, only
licensed vendors are permitted to sell alcoholic beverages directly to consumers at retail.10 A manufacturer,
distributor, or exporter may not be licensed as a vendor to sell directly to consumers.11 Manufacturers are also
generally prohibited from having an interest in a vendor and from distributing directly to a vendor.12
The three-tier system is deeply rooted in the perceived evils of the “tied house” in which a bar is owned or
operated by a manufacturer or the manufacturer exercises undue influence over the retail vendor.13
Florida’s Tied House Evil Law14 prohibits a licensed manufacturer or distributor from having any direct or indirect
financial interest in any vendor, from assisting any vendor through gifts, loans, money or property of any
description, and from giving any rebates of any kind whatsoever.
1 Section 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2 See s. 561.14, F.S.
3 S. 561.02, F.S.
4 S. 561.20(1), F.S.
5 S. 561.20(2), F.S.
6 S. 561.20(2)(h), F.S.
7 Id.
8 Id.
9 S. 561.14, F.S.
10 S. 561.14(3), F.S., but see ss. 561.221 (exception for manufacturers of wine to sell to consumers at licensed premise on
property contiguous to the manufacturing premises) and 565.03, F.S.
11 S. 561.22(1), F.S.
12 Ss. 563.022(14) and 561.14(1), F.S.
13 See Andrew Tamayo, What's Brewing in the Old North State: An Analysis of the Beer Distribution Laws Regulating North
Carolina's Craft Breweries, 88 N.C. L. Rev. 2198 (2010).
14 S. 561.42(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
A manufacturer or distributor is also prohibited from:
Engaging in cooperative advertising with a vendor;
Naming a vendor in any advertisement for a malt beverage tasting; or
Paying for particular placement, signage, or other brand promotion within a vendor premises for malt
beverages produced by the manufacturer.15
However, the Tied House Evil Law authorizes a manufacturer, distributor, importer or registrant of malt beverage
to sell expendable retailer advertising specialties (such as trays, coasters, mats, menu cards, napkins, cups, glasses,
thermometers, and the like), to a vendor at a price not less than the actual cost to the industry member who
initially purchased them.16 Vendors may accept glassware from a distributor at no charge, subject to certain
limitations and conditions.17
Penalties
A false entry of any record required under the Beverage Law or a violation of the excise tax provisions, when done
intentionally, is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, F.S..18
For violations of the Beverage Law where no penalty is provided, first-time offenders are guilty of a misdemeanor
of the second degree and a felony of the third degree for any subsequent offenses thereafter. The Division may
issue civil penalties for violations of the Beverage Law and related rules;19 Such penalties may not exceed $1,000
per transaction. The Division may also suspend the license of a licensee that fails to pay a civil penalty.
Local Bill Forms
The Florida Constitution prohibits the passage of any special act unless a notice of intention to seek enactment of
the bill has been published as provided by general law or the act is conditioned to take effect only upon approval
by referendum vote of the electors in the area affected.20 A legal advertisement of the proposed bill must be placed
in a newspaper of general circulation or published on a publicly accessible website21 at least 30 days prior to the
introduction of the local bill in the House or Senate.22 The bill was noticed in the Sun-Sentinel on January 19, 2025.
The House local bill policy requires a completed and signed Local Bill Certification Form and Economic Impact
Statement Form be filed with the Clerk of the House at the time the local bill is filed or as soon thereafter as
possible.23 Under the policy, a committee or subcommittee may not consider a local bill unless these forms have
been filed. The following forms have been submitted for the bill:
Local Bill Certification Form
Economic Impact Statement Form
15 S. 561.42, F.S.
16 S. 561.42(14), F.S.
17 Id.
18 S. 562.45(1), F.S.
19 S. 561.29, F.S.
20 Art. III, s. 10, Fla. Const.
21 S. 50.0311(2), F.S.
22 S. 11.02, F.S. If there is no newspaper circulated throughout or published in the county and no publicly accessible website
has been designated, notice must be posted for at least 30 days in at least three public places in the county, one of which must
be at the courthouse.
23 Intergovernmental Affairs Subcommittee, Local Bill Policies and Procedures Manual, p. 11 (last visited Mar. 15, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 11 Y, 4 N 3/26/2025 Darden Darden
Subcommittee
Industries & Professional Activities Anstead Brackett
Subcommittee
State Affairs Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4039 2025
1 A bill to be entitled
2 An act relating to Broward County; providing
3 nonapplicability of provisions on alcoholic beverage-
4 related actions and activities to special alcoholic
5 beverage licenses issued for premises located within
6 identified areas of Broward County; providing
7 nonapplicability of such provisions to actions and
8 activities of alcoholic entities in relation to
9 special alcoholic beverage licenses and premises;
10 defining specified areas of the county to which such
11 provisions do not apply; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 561.42, Florida Statutes, does not
16 apply to any special alcoholic beverage license issued pursuant
17 to s. 561.20(2)(h), Florida Statutes, for which the premises of
18 such license are located on any property within the Western
19 Sunrise Entertainment District of the City of Sunrise, within
20 Holiday Park in the City of Fort Lauderdale, or within the City
21 of Coral Springs.
22 Section 2. Section 561.42, Florida Statutes, does not
23 apply to the actions or activities of any alcoholic beverage
24 manufacturer, importer, distributor, primary American source of
25 supply, brand owner or registrant, or vendor in relation to any
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb4039-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4039 2025
26 special alcoholic beverage license issued pursuant to s.
27 561.20(2)(h), Florida Statutes, or the premises on which such
28 special license is operated within the areas identified in
29 section 1 of this act.
30 Section 3. For the purposes of this act, the "Western
31 Sunrise Entertainment District of the City of Sunrise" means the
32 area defined by Section 16-82(b) of the City of Sunrise Land
33 Development Code and more particularly described as follows:
34
35 That portion of the Western Sunrise Area bounded by the Sawgrass
36 Expressway on the west; Oakland Park Boulevard on the north;
37 Flamingo Road on the east; and, a southern boundary consisting
38 of Sunrise Boulevard east of N.W. 136 Ave, and one thousand four
39 hundred (1,400) feet south of southern edge of the right-of-way
40 of Sunrise Boulevard west of N.W. 136 Avenue.
41 Section 4. For the purposes of this act, "Holiday Park in
42 the City of Fort Lauderdale" means the area of land designated
43 as "Holiday Park" by the City of Fort Lauderdale pursuant to the
44 dedication recorded in Plat Book 24, page 14, of the Broward
45 County Official Records, and more particularly described as
46 follows:
47
48 All of Blocks 222, 223, 224, 225, 244, 245, 246, 247, 248, 249,
49 296, 297, 298, 299, 300, 301, and lots 21-24 incl., block 219,
50 lots 21-28 incl., block 220, lots 21-28 incl., block 221; lots
Page 2 of 3
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hb4039-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4039 2025
51 1-27, incl., block 250; 22-27, incl., block 251; lots 22-24,
52 incl., block 252; lots 1-3 incl., block 293; lots 1-3 incl., and
53 lots 46-48 incl., block 294; lots 1-24 incl., and lots 46-48
54 incl., block 295; lots 1-10 incl. and lots 39-48 incl., block
55 305; lots 1-10 incl. and lots 39-48 incl., block 306; lots 1-10
56 incl., and lots 39-48 incl., block 307; lots 1-10 incl. and lots
57 39-48 incl., block 308; all in Progresso, according to the plat
58 thereof recorded in Plat Book 2, page 18, of the Public Records
59 of Dade County, Florida.
60 Section 5. This act shall take effect upon becoming a law.
Page 3 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb4039-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 4039 by Rep. LaMarca
Broward County
AMENDMENT SUMMARY
April 9, 2025
Amendment 1 by Rep. LaMarca (line 21):
• Provides that the holders of the specific Broward County special license may not engage
in any agreement, contract, or other arrangement that requires the exclusion of any
alcoholic brand at the special license holder’s licensed premises.
• Provides that any vendor in relation to a specific Broward County special license holder
or on the licensed premises of such special license holder must purchase alcoholic
beverages from a licensed distributor unless expressly allowed otherwise by current law.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 4039 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative LaMarca offered the following:
4
5 Amendment
6 Remove lines 21-29 and insert:
7 of Coral Springs, provided that the holder of such special
8 license purchases alcoholic beverages from a licensed
9 distributor, unless expressly provided otherwise in the Beverage
10 Law, and does not engage in any agreement, contract, or other
11 arrangement with any alcoholic beverage manufacturer, importer,
12 distributor, primary American source of supply, brand owner or
13 registrant, or vendor that requires the exclusion of any
14 alcoholic brand at the licensed premises.
15 Section 2. Section 561.42, Florida Statutes, does not
16 apply to the actions or activities of any alcoholic beverage
877417 - h4039-line21.docx
Published On: 4/8/2025 2:45:09 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 4039 (2025)
Amendment No. 1
17 manufacturer, importer, distributor, primary American source of
18 supply, brand owner or registrant, or vendor in relation to any
19 special alcoholic beverage license issued pursuant to s.
20 561.20(2)(h), Florida Statutes, or the premises on which such
21 special license is operated within the areas identified in
22 section 1 of this act, provided that any such vendor must
23 purchase alcoholic beverages from a licensed distributor unless
24 expressly provided otherwise in the Beverage Law.
25 Section 3. For purposes of this act, the term “Beverage
26 Law” has the same meaning as provided in s. 561.01, Florida
27 Statutes.
28
877417 - h4039-line21.docx
Published On: 4/8/2025 2:45:09 PM
Page 2 of 2
HB 4067
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 4067 COMPANION BILL: None
TITLE: Special Beverage Licenses for Equestrian Sport LINKED BILLS: None
Facilities in Marion County RELATED BILLS: None
SPONSOR(S): Chamberlin
Committee References
Intergovernmental Affairs Industries & Professional State Affairs
9 Y, 6 N Activities
SUMMARY
Effect of the Bill:
The bill provides an exception to the Beverage Law allowing the Department of Business and Professional
Regulation to issue a special alcoholic beverage license to equestrian sport facilities in Marion County that meet
certain conditions. The special alcoholic beverage license would allow a facility to make package sales of alcoholic
beverages for off-premises consumption, sell alcoholic beverages for on-premises consumption, and to designate a
venue as a stand-alone bar for the purpose of allowing indoor smoking.
Fiscal or Economic Impact:
The Economic Impact Statement for the bill states that the special beverage licenses could provide a $15,000,000
increase in state and local revenue for the full first fiscal year and $30,000,000 for the full second fiscal year after
the effective date of the bill.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides an exception to the Beverage Law to allow the Department of Business and Professional
Regulation’s Division of Alcoholic Beverages and Tobacco (Division) to issue a special alcoholic beverage license to
equestrian sport facilities authorizing the package sale of alcoholic beverages for off-premises consumption and
the sale of alcoholic beverages for on-premises consumption. (Section 1)
The bill allows the holder of the special alcoholic beverage license authorized by the bill to designate a venue
within their licensed premises as a stand-alone bar for the purpose of allowing indoor smoking, provided the
venue meets all other requirements for stand-alone bars provided by general law. (Section 1)
The bill provides that the special alcoholic beverage license authorized by the bill does not prohibit the operation
of other licensed premises on the property working under separate licenses. The bill states that any violation of the
Beverage Law that occurs with the equestrian sport facility does not impact those separate licenses unless the
violation occurred on the premises of those licensees and that any violation by those separate licenses does not
impact the special alcoholic beverage license. The special alcoholic beverage license is subject to all of the
requirements and restrictions of the Beverage Law, except as otherwise provided in the bill. The bill authorizes the
Division to adopt rules necessary to implement and administer the provisions of the bill. (Section 1)
The bill defines an “equestrian sport facility” as any facility within Marion County which is at least 500 acres in size
and which includes at least two transient public lodging establishments and at least three public food service
establishments whose principal attraction is sport horse events such as show jumping, dressage, eventing, and
other equestrian competitions. (Section 1)
STORAGE NAME: h4067b.IPA
DATE: 4/7/2025
1
RULEMAKING:
This bill provides that the Division of Alcoholic Beverages and Tobacco of the Department of Business and
Professional Regulation may adopt rules necessary to implement and administer the provisions of the bill.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The Economic Impact Statement for the bill states that the special beverage licenses could provide a $15,000,000
increase in state and local revenue for the full first fiscal year and $30,000,000 for the full second fiscal year after
the effective date of the bill.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Beverage Law
In Florida, the Beverage Law1 regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors.2 The Division of Alcoholic Beverages and Tobacco (Division) in the
Department of Business and Professional Regulation (DBPR) administers and enforces the Beverage Law.3
Section 561.14, F.S., specifies the license and registration classifications used in the Beverage Law:
“Manufacturers” are those licensed to manufacture alcoholic beverages and distribute the same at
wholesale to licensed distributors and to no one else within the state, unless authorized by statute.
“Distributors” are those licensed to sell and distribute alcoholic beverages at wholesale to persons who are
licensed to sell alcoholic beverages.
“Importers” are those licensed to sell, or to cause to be sold, shipped, and invoiced, alcoholic beverages to
licensed manufacturers or licensed distributors, and to no one else in this state.
“Vendors” are those licensed to sell alcoholic beverages at retail only and may not purchase or acquire in
any manner for the purpose of resale any alcoholic beverages from any person not licensed as a vendor,
manufacturer, bottler, or distributor under the Beverage Law.
Special Licenses
Under the Beverage Law, there is not a limit on the number of licenses DBPR may issue to businesses selling malt
beverages or wine. However, the law limits the number of licenses for selling distilled spirits to one license per
7,500 residents within the county with a minimum of three licenses per county for counties that have approved the
sale of intoxicating liquors.4 These licenses are known as quota licenses and are the only alcoholic beverage license
type that is limited in number.
A “special license” is an exception to the quota licensing scheme, which allows certain entities to serve liquor
without a quota license.5 These exceptions apply to hotels, motels, motor courts, condominiums, food service
establishments, caterers, and culinary education programs that meet certain requirements.6
1 Section 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2 See s. 561.14, F.S.
3 S. 561.02, F.S.
4 S. 561.20(1), F.S.
5 S. 561.20(2)(a), F.S.
6 S. 561.20(2)(a)1.-6., F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Package Sales
A package store is a vendor operating a place of business where beverages are sold only in sealed containers for
consumption off the premises.7 Package stores may not sell, offer, or expose for sale any merchandise other than
alcoholic beverages, and such places of business must be devoted exclusively to such sales. In addition to alcoholic
beverages, package stores may sell bitters, grenadine, non-alcoholic mixer-type beverages (not including juice
from outside of Florida), fruit juice produced in Florida, home bar and party supplies and equipment, miniatures of
no alcoholic content, nicotine products, and tobacco products.8
Premises
Under the Beverage Law, there are limited allowances for off-premises consumption of open containers of
alcoholic beverages.9 Typically, alcoholic beverages must be consumed within the licensed premises, and DPBR has
to approve temporary expansions of the licensed premises to include a sidewalk or other outdoor area for special
events.10 The temporary expansions also require payment of a $100 application fee, stipulation of the timeframe
for the special event, and submission of a sketch outlining the expanded premises.11 These fees are deposited into
the Alcoholic Beverage and Tobacco Trust Fund.12
Stand-Alone Bar
A vendor may choose to operate their licensed premises as a “stand-alone bar” that allows tobacco smoking or
vaping.13 To qualify as a stand-alone bar, the licensed premises:
Must predominately or totally devoted to serving alcoholic beverages for on-premises consumption;
Only serve food, if any, that is merely incidental to the consumption of alcohol;14 and
Not be located within, or share any common entryway or common indoor area, with any enclosed indoor
workspace.15
A vendor who elects to operate a stand-alone bar must post the notice of its intention to do so in the same location
the vendor's current alcoholic beverage license is posted.16 The vendor must also conspicuously post signs at each
entrance to the establishment stating that smoking and vaping are authorized in the establishment.17
The licensed vendor operating a stand-alone bar must submit an annual affidavit to the Division that within the
past 12 months:
No more than 10 percent of the gross revenue of the business is from the sale of food consumed on the
licensed premises;
Other than customary bar snacks, the vendor only provides food to patrons at a separately stated charge
that reasonably approximates the retail value of the food; and
The vendor has complied with signage requirements.18
Violations
A false entry of any record required under the Beverage Law or a violation of the excise tax provisions, when done
intentionally, is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.19 For
violations of the Beverage Law where no penalty is provided, first-time offenders are guilty of a misdemeanor of
7 S. 565.02(1)(a), F.S.
8 S. 565.04(1), F.S.
9 See S. 561.20, F.S.
10 See S. 561.01(11), F.S. (defining “licensed premises” and requiring written approval from the county or municipality to
include a sidewalk or any other outside area as part of the licensed premise).
11 Id.
12 Id.
13 S. 561.695, F.S.
14 The sale of food is considered incidental if the licensed premises receives no more than 10 percent of its gross revenue from
the sale of food. S. 386.203(12), F.S.
15 Ss. 386.203(12) and 561.695(5)(a), F.S.
16 S. 561.695(2), F.S.
17 S. 561.695(4), F.S.
18 S. 561.695(5), F.S.
19 S. 562.45(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
the second degree and a felony of the third degree for any subsequent offenses thereafter. The Division may issue
civil penalties for violations of the Beverage Law and related rules.20 Such penalties may not exceed $1,000 per
transaction. The Division may also suspend the license of a licensee that fails to pay a civil penalty.
Additionally, a vendor who violates any requirements for a stand-alone bar or the Florida Clear Air Act is subject
to:
For a first violation, a warning or fine of up to $500.
For a second violation within two years of the first violation, a fine of $500 to $2,000.
For a third or subsequent violation within 2 years after the first violation, a suspension of the right to
maintain a stand-alone bar for up to 30 days and a fine of $500 to $2,000.
For a fourth or subsequent violation, a suspension of the right to maintain a stand-alone bar for up to 60
days and a fine of $500 to $2,000 or a revocation of the right to maintain a stand-alone bar.21
Local Bill Forms
The Florida Constitution prohibits the passage of any special act unless a notice of intention to seek enactment of
the bill has been published as provided by general law or the act is conditioned to take effect only upon approval
by referendum vote of the electors in the area affected.22 A legal advertisement of the proposed bill must be placed
in a newspaper of general circulation or published on a publicly accessible website23 at least 30 days prior to the
introduction of the local bill in the House or Senate.24 The bill was noticed in the Ocala Star Banner on January 28,
2025.
The House local bill policy requires a completed and signed Local Bill Certification Form and Economic Impact
Statement be filed with the Clerk of the House at the time the local bill is filed or as soon thereafter as possible.25
The following forms have been submitted for this bill:
Local Bill Certification Form
Economic Impact Statement
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 9 Y, 6 N 3/26/2025 Darden Darden
Subcommittee
Industries & Professional Activities Anstead Brackett
Subcommittee
State Affairs Committee
20 S. 561.29, F.S.
21 S. 561.695(7), F.S.
22 Art. III, s. 10, Fla. Const.
23 S. 50.0311(2), F.S.
24 S. 11.02, F.S. If there is no newspaper circulated throughout or published in the county and no publicly accessible website
has been designated, notice must be posted for at least 30 days in at least three public places in the county, one of which must
be at the courthouse.
25 Intergovernmental Affairs Subcommittee, Local Bill Policies and Procedures Manual, p. 11 (last visited Mar. 16, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4067 2025
1 A bill to be entitled
2 An act relating to special beverage licenses for
3 equestrian sport facilities in Marion County; defining
4 the term "equestrian sport facility"; providing for
5 the issuance of special beverage licenses to certain
6 equestrian sport facilities located in Marion County;
7 authorizing the package sales of alcoholic beverages
8 for off-premises consumption and the sales of
9 alcoholic beverages for on-premises consumption under
10 such licenses; providing for conditions and
11 restrictions; providing for compliance with the
12 Beverage Law, with certain exceptions; providing
13 rulemaking authority; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. (1) As used in this section, the term
18 "equestrian sport facility" means a facility within Marion
19 County which is at least 500 acres in size and which includes at
20 least two transient public lodging establishments as defined in
21 s. 509.013(4)(a)1., Florida Statutes, and at least three public
22 food service establishments as defined in s. 509.013(5), Florida
23 Statutes, the principal attraction of which is sport horse
24 events, including, but not limited to, show jumping, dressage,
25 eventing, and other equestrian competitions.
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb4067-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4067 2025
26 (2) Notwithstanding s. 561.20, Florida Statutes, the
27 Division of Alcoholic Beverages and Tobacco of the Department of
28 Business and Professional Regulation may issue a special
29 beverage license to an equestrian sport facility for the purpose
30 of authorizing the package sale of alcoholic beverages for off-
31 premises consumption and the sale of alcoholic beverages for on-
32 premises consumption.
33 (3) The special beverage license issued under this act
34 shall allow an equestrian sport facility to designate a venue
35 within the licensed premises as a stand-alone bar for the
36 purpose of allowing indoor smoking, consistent with the
37 requirements of s. 561.695, Florida Statutes.
38 (4) A special beverage license issued under this act may
39 not preclude premises with separate alcoholic beverage licenses
40 from operating on the property of the equestrian sport facility.
41 Any violation of the alcoholic beverage laws which occurs within
42 the equestrian sport facility may not impact the operation of a
43 separately licensed premises unless the violation occurs
44 specifically within such separately licensed premises. If a
45 violation of the alcoholic beverage laws occurs within a
46 separately licensed premises, the penalty for such violation
47 applies only to that separately licensed premises and not to the
48 remainder of the premises covered by the special beverage
49 license issued under this act.
50 (5) The special beverage license issued under this act is
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hb4067-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4067 2025
51 subject to the same requirements and restrictions as other
52 licenses issued pursuant to the Beverage Law, except as
53 otherwise provided in this act. The Division of Alcoholic
54 Beverages and Tobacco of the Department of Business and
55 Professional Regulation may adopt rules necessary to implement
56 and administer this act.
57 Section 2. This act shall take effect upon becoming a law.
Page 3 of 3
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hb4067-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 4067 by Rep. Chamberlin
Special Beverage Licenses for Equestrian Sport Facilities in Marion County
AMENDMENT SUMMARY
April 9, 2025
Amendment 1 by Rep. Chamberlin (line 30):
• Clarifies that the special beverage license only allows the package sale of beer and wine
for off-premises consumption and all alcoholic beverages for on-premises consumption.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 4067 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Chamberlin offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 30-32 and insert:
7 of authorizing the package sale of only wine and malt beverages
8 for off-premises consumption and the sale of all alcoholic
9 beverages for on-premises consumption.
10
11 -----------------------------------------------------
12 T I T L E A M E N D M E N T
13 Remove lines 7-8 and insert:
14 authorizing the package sales of wine and malt
15 beverages for off-premises consumption and the sales
16 of
671593 - h4067-line30.docx
Published On: 4/8/2025 9:05:17 AM
Page 1 of 1
PCS for HB 1461
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for HB 1461 COMPANION BILL: SB 1452 (Truenow)
TITLE: Industries and Professional Activities LINKED BILLS: None
SPONSOR(S): Industries & Professional Activities RELATED BILLS: None
Subcommittee
Committee References
Orig. Comm.: Industries & Professional Activities
SUMMARY
Effect of the Bill:
The bill repeals continuing education requirements for certain licensed professionals. The bill repeals certain
boards, councils, and commissions from the Department of Business and Professional Regulation (DBPR) and the
Department of Agriculture and Consumer Services (DACS). The bill repeals certain secondary licenses for private
investigators, private security officers, and recovery agents. The bill increases the pathways to licensure for certain
licensed professionals. The bill requires DBPR and DACS to conduct certain studies.
Fiscal or Economic Impact:
The bill may have a positive economic and fiscal impact for the licensed professionals who do not have to complete
continuing education. The bill may have a positive fiscal impact for the state by not having to pay the operation
costs for the repealed boards, councils, and commissions.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill repeals the following boards, commissions, and councils within the Department of Business and
Professional Regulation (DBPR) and shifts the authority for such boards, commissions, and councils to DBPR:
• Board of Pilot Commissioners (Harbor Pilots).
• Florida Board of Auctioneers.
• Regulatory Council of Community Association Managers.
• Board of Employee Leasing Companies.
• Florida Building Code Administrators and Inspectors Board (Building Officials).
• Board of Professional Engineers.
• Board of Veterinary Medicine.
• Board of Accountancy.
• Florida Real Estate Commission.
• Barbers’ Board.
• Board of Cosmetology.
• Board of Architecture and Interior Design.
• Board of Landscape Architecture.
• Construction Industry Licensing Board.
• Electrical Contractors’ Licensing Board.
• Board of Professional Geologists.
• Drug Wholesale Distributor Advisory Council. (Section 2)
STORAGE NAME: PCS1461.IPA
DATE: 4/8/2025
1
The bill repeals the following boards and councils within the Department of Agriculture and Consumer Services
(DACS) and shifts the authority for such boards and councils to DACS:
• Board of Professional Surveyors and Mappers.
• Pest Control Enforcement Advisory Council.
• Motor Vehicle Repair Advisory Council.
• Agricultural Economic Development Project Review Committee.
• Babcock Ranch Advisory Group. (Section 2 and Section 259)
Continuing Education
The bill repeals provisions requiring continuing education for the following professions and occupations licensed
by DBPR and DACS:
• Barbers. (Section 2)
• Cosmetology. (Section 2, 142, and 144)
• Home Inspectors. (Section 2)
• Mold-Related Services. (Section 2)
• Contractors. (Section 181 and 182)
• Electrical contractors. (Section 210, 211, 212, and 213)
• Engineers. (Section 87)
• Landscape architects. (Section 166 and 167)
• Accountants. (Section 2)
• Asbestos contractors (Section 79, 80, and 81)
• Architects. (Section 155 and 156)
• Community Association Managers. (Section 2)
• Building officials. (Section 71)
• Harbor Pilots. (Section 15)
• Veterinarians. (Section 118)
• Surveyors and Mappers. (Section 2)
Private Investigator, Security Officers, and Recovery Agents Secondary Licenses
The bill removes licensure requirements for secondary license types for the following licenses issued by DACS,
while maintaining the main license type:
• Private Investigator Interns.
• Private Investigative Agency Branch Offices.
• Private Investigative Agency Managers
• Private Investigative/Security Agency Managers
• Security Agency Branch Offices
• Security Managers
• Security Agency/Private Investigative Agency Branch Offices
• Recovery Agent Interns
• Recovery Agency Branch Offices
• Recovery Agency Managers. (Section 241, 244, and 247)
The bill does not repeal the licensure requirement for private investigators, security officers, and recovery agents.
Division of Alcoholic Beverages and Tobacco (ABT) within DBPR
The bill expands the jurisdiction of ABT’s law enforcement bureau to include the investigation, enforcement, and
prosecution of crime related to a business or profession regulated by DBPR including unlicensed activity of a
business or profession. (Section 1)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill allows ABT to discipline a retail tobacco products dealer or retail nicotine products dealer’s permit for any
violation of the laws of this state or any state or territory of the United States. (Section 283 and 284)
The bill authorizes ABT to assist DACS in enforcing the distribution and retail sale of consumable hemp in Florida,
including entering any public or private premises during regular business hours in the performance of its duties
relating to the retail sale of consumable hemp. (Section 285)
Division of Hotels and Restaurants
The bill allows DBPR’s Division of Hotel and Restaurants to discipline a public food service establishment or public
lodging establishment for violation of Florida’s hemp laws. (Section 280)
Engineers and Architects
The bill allows DBPR to approve engineers and architects licensed outside the country for licensure by
endorsement. (Section 266 and 272).
Barbers
The bill provides for the licensure, operation, and inspection of mobile barbershops, as follows:
• Requires DBPR to adopt rules governing the licensure, operation, and inspection of mobile barbershops,
including their facilities, personnel, and safety and sanitary requirements.
• Requires mobile barbershops to comply with all licensure and operating requirements specified in the
chapter of law governing barbershops, DBPR’s general statutes, or DBPR rules that apply to barbershops at
fixed locations.
• Requires mobile barbershops to maintain a permanent business address, located in the inspection area of
the local department office, at which records of appointments, itineraries, license numbers of employees,
and vehicle identification numbers of the licenseholder's mobile barbershop must be kept and made
available for verification purposes by department personnel, and where correspondence from the
department can be received.
• To facilitate periodic inspections, the bill requires before the beginning of each month, each mobile
barbershop licenseholder to file with DBPR a written monthly itinerary listing the locations where and the
dates and hours when the mobile barbershop will be operating.
• Requires the licenseholder to comply with all local laws and ordinances regulating business
establishments, with all applicable requirements of the Americans with Disabilities Act relating to
accommodations for persons with disabilities, and with all applicable requirements of the Occupational
Safety and Health Administration.
• Pursuant to DBPR rules, authorizes the practice of barbering to be performed in a location other than a
licensed barbershop when performed in connection with a special event and by a person who holds the
proper license.
o Barbers are already allowed to shampoo, cut, or arrange hair in locations outside of barbershops.
(Section 270)
Certified Public Accountants
The bill revises the requirements for the licensure of Certified Public Accountants (CPAs), as follows:
• Revises the requirements for licensure of CPAs, including licensure by endorsement and of international
applicants, by providing four separate pathways to qualify for a license based on education and work
experience criteria. Effective January 1, 2026, a person may qualify for a CPA license if he or she:
o Completes at least 150 semester hours of college education, including a baccalaureate or higher
degree conferred by an accredited college or university, with a concentration in accounting and
business as prescribed by the department, and have one year of work experience;
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3
o Holds a master’s degree in accounting or finance conferred by an accredited college or university
with a concentration in accounting and business as prescribed by the department, and have one
year of work experience;
o Holds a baccalaureate degree in accounting or finance conferred by an accredited college or
university with a concentration in accounting and business as prescribed by the department, and
have two years of work experience; or
o Holds a baccalaureate degree in any major course of study conferred by an accredited college or
university, have completed coursework required for a concentration in accounting and business as
prescribed by the department, and have two years of work experience. (Section 267 and 268)
The bill requires the department to prescribe the coursework required for a concentration in accounting and
business. Under the bill, an applicant may satisfy the coursework requirement if the applicant receives a
baccalaureate or higher degree in accounting or finance conferred by an accredited college or university in a state
or territory of the United States. If the applicant has received a baccalaureate or higher degree with a major course
of study other than accounting or finance, the applicant must complete the coursework required for a
concentration in accounting and business as prescribed by the department. (Section 267)
The bill revises the licensure by endorsement requirements for applicants who are licensed in any state or
territory of the United States. Under the bill, a person holding a license in another state or a territory of the United
States may qualify for licensure by endorsement if they have maintained good moral character and, at the time of
licensure by the other state or territory, were required to show evidence of having obtained at least a
baccalaureate degree from an accredited college or university and having passed the Uniform CPA Examination.
(Section 269)
The bill revises the requirements for the licensure of international applicants. The bill requires international
applicants for licensure as a certified public accountant in this state to meet the requirements for education, work
experience, and good moral character under s. 473.308, F.S.
(Section 268)
Effective January 1, 2026, the bill permits, a person who holds an active CPA license in good standing in another
state or territory to provide accountancy services without obtaining a state license if at the time of licensure by the
other state or territory, the individual was required to show evidence of having obtained at least a baccalaureate
degree and having passed the Uniform CPA Examination. (Section 267)
Florida Drug and Cosmetic Act
The bill removes the requirement that every prescription drug wholesale distributor must have at least one
designated representative, who must be certified by the department. (Section 277)
DBPR Information on Professions
The bill requires DBPR to e-mail and post information on their website at the end of each legislative session
explaining new laws related to each profession. (Section 1)
Auctioneer Fees
Effective July 1, 2026, requires all fees established by DBPR related to auctioneers to be reduced by 50 percent.
(Section 264)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
Building Permits
Home Repairs During States of Emergency
The bill prohibits local governments from requiring a permit for repairs and renovations completed within one
year after the issuance of a state of emergency for single family homes as long as the damage being repaired does
not include more than 50 percent of such home and there are no changes to the footprint of the home.
(Section 281)
Landscaping Violations During States of Emergency
The bill prohibits local governments from denying a certificate of occupancy based on noncompliance with a
Florida-friendly landscaping ordinance for residential or commercial properties issued a permit within one year of
a state of emergency for the county in which the property is located. (Section 281)
Building Permits for Playgrounds, Fences, or Landscape Irrigation
The bill prohibits local enforcement agencies from requiring a building permit for the construction of playground
equipment, a fence, or a landscape irrigation system on single-family residential property. (Section 281)
Uniform Permit Applications
Requires DBPR to recommend a uniform permit application form for most routine types of building permits, and
inspections for common building permits and recommend a uniform process for video inspections. (Section 3)
Elevator Accessibility
The bill revises elevator accessibility requirements to align with the Florida Building Code. (Section 260)
DBPR Licensure Fingerprint Requirements
The bill eliminates the current fingerprint requirement for active duty military personnel, as well as their spouses,
who seek licensure in those professions that do not otherwise require fingerprinting for initial licensure. (Section
262)
Effective date
Except as otherwise expressly provided, the bill provides an effective date of July 1, 2025. (Section 286)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Continuing Education
Continuing education includes any additional required education undertaken by a professional after receiving
licensure. Below is a chart of the continuing education requirements for licensed professionals in Florida: 1
1 See 310.081, 455.2228, 468.4337, 468.4338, 468.627, 468.8316, 468.8317, 468.8416, 471.017, 471.019, 472.018, 472.019,
473.312, 473.313, 474.211, 475.182, 475.183, 477.019, 477.0212, 481.215, 481.217, 481.313. 481.315, 482.111, 489.115,
489.116, 489.517, 489.519, F.S.; Rules 61E14-4.004, 61-30.403, 61G3-16.0091, 61G10-13.003, 61G10-18.001, and 61H1-
33.003 F.A.C.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Profession Continuing Education
Requirements
Community Association Managers • 10 hours of CE annually
• 15 classroom hours of CE to reinstate an
inactive license
Building Code Officials, Inspectors, and Plans • 14 classroom hours biannually
Examiners
Home Inspectors • 14 hours of CE biannually
• 14 hours of CE to reinstate an inactive
license
Mold-Related Services • 14 hours of CE biannually
Engineering • 18 hours of CE biannually
• Up to 9 hours of CE for every year the
license was inactive to reinstate an inactive
license
Public Accountancy • 80 hours biannually
• Up to 120 hours to reinstate inactive
license
Veterinary Medicine • Up to 30 hours of CE biannually
Cosmetologists • Up to 10 hours of CE biannually
• Up 10 hours of CE to reinstate inactive
license.
Barbers • 2 hours of CE biannually
Architects • 20 hours of CE biannually
• Up to 20 hours of CE to reinstate inactive
license
Landscape Architects • 16 hours of CE biannually
• Up to 16 hours of CE to reinstate an
inactive license.
Construction contractors • 14 classroom hours of CE biannually
• Up to 14 classroom hours of CE to reinstate
an inactive license.
Electrical Contractors • 2 classroom hours of CE biannually if the
person is fire alarm system agent.
• 6 classroom hours of CE biannually if the
person is burglar alarm system agent.
• 7 classroom hours of CE biannually if the
licensee is an alarm system or specialty
contractor.
• 11 classroom hours of CE biannually if the
licensee is an electrical contractor.
• Up to 11 classroom hours of CE to reinstate
an inactive license.
Harbor Pilots • Board approved seminar biannually
Asbestos Contractors • One-day course of CE biannually for
asbestos contractor.
• Two-day course of CE biannually for
asbestos consultant.
• One-day course of CE annually for onsite
supervisor.
Land Surveyors and Mappers • 24 hours of CE biannually
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6
• Up to 12 classroom hours of CE for each
inactive year to reinstate an active license.
Department of Business and Professional Regulation
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses various businesses
and professionals in Florida. 2
The Division of Professions licenses and regulates more than 542,000 professionals through the following
professional boards and programs: 3
• Board of Architecture and Interior Design,
• Asbestos Licensing Unit,
• Athlete Agents,
• Board of Auctioneers,
• Barbers’ Board,
• Building Code Administrators and Inspectors Board,
• Regulatory Council of Community Association Managers,
• Construction Industry Licensing Board,
• Board of Cosmetology,
• Electrical Contractors’ Licensing Board,
• Board of Employee Leasing Companies,
• Home Inspectors,
• Board of Landscape Architecture,
• Mold-Related Services,
• Board of Pilot Commissioners,
• Board of Professional Geologists,
• Talent Agencies,
• Board of Veterinary Medicine, and
• Florida Board of Professional Engineers.
The Division of Alcoholic Beverages (ABT)
ABT regulates the manufacture, distribution, sale, and service of alcoholic beverages and tobacco products in
Florida, including:
• receipt and processing of license applications;
• collection and auditing of taxes, surcharges, and fees paid by licensees; and
• enforcement of the laws and regulations governing the sale of alcoholic beverages and tobacco products. 4
ABT’s Bureau of Law Enforcement is an accredited law enforcement agency with law enforcement officers who
have the authority to make arrests, carry firearms, serve court process, and seize contraband and the proceeds of
illegal activities. 5
The Bureau’s law enforcement officers are responsible for enforcing the Beverage Law and the laws relating to
distribution and sale of tobacco and nicotine products. They do not have authority to enforce any other state laws
2 S. 20.165, F.S.
3 Florida Department of Business and Professional Regulation, Division of Professions,
http://www.myfloridalicense.com/DBPR/division-of-professions/ (last visited April 3, 2025).
4 Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco,
http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/ (last visited April 3, 2025).
5 S. 20.165(9), F.S.; Department of Business and Professional Regulation, Alcoholic Beverages & Tobacco – Law Enforcement,
https://www2.myfloridalicense.com/alcoholic-beverages-and-tobacco/law-enforcement/ (last visited April 3, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
unless it is incidental to enforcing the Beverage Law or the laws relating to the distribution and sale of tobacco and
nicotine products. 6
The Division may discipline an alcoholic beverage license for any violation of the laws of this state or any state or
territory of the United States. 7 However, the Division may only discipline a tobacco retailer or nicotine product
retailer’s permit for violating any of the provisions relating to the retail sale of such products. Such discipline
includes administrative fines up to $1,000 and suspension or revocation of a permit. 8
Board of Auctioneers
The Board of Auctioneers is responsible for licensing and regulating auctioneers. The board generally meets four
times a year to consider applications for licensure, to review disciplinary cases, and to conduct informal hearings
relating to licensure and discipline. The board engages in rulemaking to implement the provisions set forth in its
statutes, administers the Auctioneer Recovery Fund, and conducts other general business, as necessary. 9
The board consists of five members appointed by the Governor and confirmed by the Senate. Two of the members
must be licensed auctioneers with at least five years of experience, two members must be laypersons, and one
must be an auction company. Members serve for terms of four years. 10
Auctioneer Fees
The Board of Auctioneers may establish application, examination, licensure, renewal, and other reasonable and
necessary fees, based upon the department’s estimate of the costs to regulate licensed auctioneers. Below is a table
of the applicable fees for licensed auctioneers: 11
Type of Fee Fee amount
Application Fee • $50 for license by exam
• $75 for license by endorsement or reciprocity
• $50 apprentice license
• $50 auction business
Exam Fee • $250
Initial Licensure Fee • $150
Unlicensed Activities Fee • $5 upon initial license and each renewal
Renewal Fees • $150
Reactivation Fee • $50
Examination Review Fee • 50
Auctioneer Recovery Fund Surcharge • $100 at the time of renewal
Change of Status • $50
Delinquent License Fee • $25
Reinstatement of a Void License Fee • $150 application
• $150 - $300 renewal fee for each biennium
when timely renewal was missed.
• $105.00 – $210.00 Unlicensed Activity fee for
each biennium when timely renewal was
missed.
6 Id.
7 S. 561.29, F.S.
8 Ss. 569.006 and 569.35, F.S.
9 Florida Department of Business and Professional Regulation, Auctioneers, https://www2.myfloridalicense.com/auctioneers/
(last visited April 3, 2025).
10 S. 468.384, F.S.
11 S. 468.386, F.S.; R. 61G2-3.001, F.A.C.
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8
Florida Real Estate Commission
The Florida Real Estate Commission (FREC) is responsible for licensing and regulating real estate sales associates
and brokers. The FREC meets for two days every month. The FREC also engages in rulemaking to implement the
provisions set forth in its statutes. 12
The commission consists of seven members appointed by the Governor and confirmed by the Senate. Four
members must be licensed brokers with at least five years of experience, one member must be a licensed broker or
a licensed sales associate with at least two years of experience, and two members must be laypersons. At least one
member must be 60 years of age or older. Members serve for terms of four years. 13
The Division of Real Estate (DRE) is responsible for supporting the Florida Real Estate Commission and the Florida
Real Estate Appraisal Board in the regulation of real estate sales associates, brokers, and appraisers, in conjunction
with the. 14 DRE’s offices are located in Orlando. 15
Division of Certified Public Accounting
The Division of Certified Public Accounting (Division of CPA) within DBPR is responsible for the regulation of
certified public accountants (CPAs) and accounting firms. The Division of CPA processes applications to sit for the
CPA exam, original Florida licensure applications, licensure by endorsement applications, reactivation of a
delinquent or inactive CPA license, temporary permit applications, accountancy firm licensure, and continuing
education reporting forms. The Division of CPA also provides administrative support to the Board of
Accountancy. 16
The offices for the Division of CPA are located in Gainesville. 17
The Board of Accountancy is responsible for licensing and regulating CPAs. The board meets 10 times a year to
consider applications, review disciplinary cases, and conduct informal hearings relating to licensure and discipline.
The board also engages in rulemaking to implement the provisions set forth in its statutes and conducts other
general business, as necessary.
The board consists of nine members who are appointed by the Governor and confirmed by the Senate. Seven of the
members must be licensed CPAs with at least five years of experience and two must be laypersons. At least one
member must be over 60 years old. 18
In order to obtain licensure as a CPA, an applicant must: 19
• have at least 150 semester hours of college education, including a baccalaureate or higher degree conferred
by an accredited college or university, with a concentration in accounting and business.
• Have one year of experience.
• Have good moral character.
• Pass an examination.
12 Florida Department of Business and Professional Regulation, Real Estate Commission – Commission Information,
https://www2.myfloridalicense.com/real-estate-commission/commission-information/#1493754459693-55f707f3-f1ea
(last visited April 3, 2025).
13 S. 475.02, F.S.
14 S. 475.021, F.S.
15 S. 20.165(2), F.S.
16 Florida Department of Business and Professional Regulation, Certified Public Accounting,
https://www2.myfloridalicense.com/certified-public-accounting/ (last visited April 4, 2025).
17 S. 20.165(2), F.S.
18 S. 473.303, F.S.
19 Ss. 473.306, and 473.308, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
An applicant is also eligible for licensure by endorsement if the applicant has good moral character and meets one
of the following requirements: 20
• Is not licensed, but has otherwise met the licensing requirements and has passed a licensing examination
that is substantially equivalent to the Florida examination;
• Holds a valid license to practice public accounting issued by another state or territory of the United States,
if the criteria for issuance of such license are substantially equivalent to a Florida license or is otherwise
permitted; or
• Holds a valid license to practice public accounting issued by another state or territory of the United States
for at least 10 years before the date of application and has passed a licensing examination that is
substantially equivalent to the Florida examination.
Barbers’ Board
The Barbers’ Board is responsible for licensing and regulating barbers. The board meets regularly, which is
generally six times a year, to consider applications for licensure, to review disciplinary cases, and to conduct
informal hearings relating to licensure and discipline. The board also engages in rulemaking to implement the
provisions set forth in its statutes and conducts other general business, as necessary. 21
The board consists of seven members who are appointed by the Governor and confirmed by the Senate. Five
members must be licensed barbers with at least five years of experience, and two members must be laypersons. No
member may be connected with the manufacture, rental, or wholesale distribution of barber equipment and
supplies. Members serve for terms of four years. 22
Board of Cosmetology
The Board of Cosmetology is responsible for licensing and regulating cosmetology. The board meets approximately
four times a year to consider applications for licensure, to review disciplinary cases, and to conduct informal
hearings relating to licensure and discipline. The board engages in rulemaking to implement the provisions set
forth in its statutes and conducts other general business, as necessary. 23
The board consists of seven members who are appointed by the Governor and confirmed by the Senate. Five
members must be licensed cosmetologists who have practiced cosmetology in Florida for at least five years and
two members must be laypersons. 24
Barbers and Mobile Cosmetology Salons
Current law requires licensed cosmetologists to only practice in licensed cosmetology salons unless expressly
allowed to practice elsewhere. Current law also allows for mobile cosmetology salons, which must meet the
following requirements:25
• Must comply with all licensure and operating requirements for fixed cosmetology salons.
• Must maintain a permanent business address located in the inspection area of the local department office.
The mobile salon’s records must be kept at the permanent address.
• Must file a written monthly itinerary with the Board of Cosmetology.
• Must pay a fee, which may not be more than the fee for a fixed cosmetology salon.
• Must comply with all local laws and ordinances regulating business establishments, the applicable
Americans with Disabilities Act requirements, and the applicable OSHA requirements.
20 473.308, F.S.; Rule 61H1-29.003, F.A.C
21 Florida Department of Business and Professional Regulation, Barbers, https://www2.myfloridalicense.com/barbers/ (last
visited April 3, 2025)
22 S. 476.054, F.S.
23 Florida Department of Business and Professional Regulation, Cosmetology,
https://www2.myfloridalicense.com/cosmetology/ (last visited April 4, 2025).
24 S. 477.015, F.S.
25 SS. 477.025(10), and 477.0263, F.S.
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10
Licensed barbers are also required to practice only in licensed barbershops unless expressly allowed to practice
elsewhere. However, current law does not provide for mobile barbershops. 26
Construction Industry Licensing Board
The Construction Industry Licensing Board is responsible for licensing and regulating the construction industry.
The board meets regularly, which is generally eleven times a year, to consider applications for licensure, to review
disciplinary cases, and to conduct informal hearings relating to licensure and discipline. The board engages in
rulemaking to implement the provisions set forth in its statutes and conducts other general business, as
necessary. 27
The board consists of 18 members who are appointed by the Governor and confirmed by the Senate. The board
must consist of four general contractors, three building or residential contractors (with at least one building
contractor and one residential contractor), one sheet metal contractor, one pool contractor, one plumbing
contractor, two building officials of a municipality or county, one roofing contractor, one air conditioning
contractor, one mechanical contractor, one underground utility and excavation contractor, and two consumer
members. 28
Electrical Contractors’ Licensing Board
The Electrical Contractors’ Licensing Board is responsible for licensing and regulating electrical contractors. The
board meets regularly, which is generally six times a year, to consider applications for licensure, to review
disciplinary cases, and to conduct informal hearings relating to licensure and discipline. The board engages in
rulemaking to implement the provisions set forth in its statutes and conducts other general business, as
necessary. 29
The board consists of 11 members appointed by the Governor and confirmed by the Senate. Seven members must
be certified electrical contractors, two must be consumer members, and 2 must be certified alarm system
contractors. 30
Regulatory Council of Community Association Managers
The Regulatory Council of Community Association Managers duties relate to licensure examination, continuing
education requirements, continuing education providers, fees and professional practice standards relative to the
Community Association Manager profession. 31 The Council holds quarterly meetings and engages in rulemaking to
implement the provisions set forth in its statutes and conducts other general business, as necessary. 32
26 S. 476.188, F.S.
27 Florida Department of Business and Professional Regulation, Construction Industry,
https://www2.myfloridalicense.com/construction-industry/ (last visited April 4, 2025).
28 S. 489.107, F.S.
29 Florida Department of Business and Professional Regulation, Electrical Contractors,
https://www2.myfloridalicense.com/electrical-contractors/ (last visited April 4, 2025).
30 S. 489.507(1), F.S.
31 A community association manager or community association management firm manages community associations with more
than 10 residential units or budgets greater than $100,000 for compensation. Florida Department of Business and Professional
Regulation, Community Association Managers and Firms – Council Information,
https://www2.myfloridalicense.com/community-association-managers-and-firms/council-information/ (last visited April 4,
2025).
32 Florida Department of Business and Professional Regulation, Community Association Managers and Firms,
https://www2.myfloridalicense.com/community-association-managers-and-firms/ (last visited April 4, 2025).
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The Council consists of seven members who are appointed by the Governor and confirmed by the Senate. Five
members must be licensed community association managers and two members must be residents of Florida who
must not be or ever have been connected with the business of community association management. 33
Drug Wholesale Distributor Advisory Council
The Drug Wholesale Distributor Advisory Council of the Division of Drugs, Devices, and Cosmetics (DDC) reviews
the Florida Drug and Cosmetic Act (Act) and the rules adopted thereunder, provides input to DBPR regarding all
proposed rules to administer the Act, makes recommendations to DBPR to improve the protection of prescription
drugs and public health, makes recommendations to improve coordination with other states’ regulatory agencies
and the federal government concerning the wholesale distribution of drugs, and makes recommendations to
minimize the impact of regulation of the wholesale distribution industry while ensuring protection of the public
health. 34
The Council generally meets three times a year and consists of 12 members. The Council must consist of the
Secretary of DBPR (or his or her designee), the Secretary of Health Care Administration (or her or his designee),
and 10 DBPR appointees. The DBPR appointees must consist of three employees of different prescription drug
wholesale distributors which operate nationally, one employee of a prescription drug wholesale distributor, one
employee of a retail pharmacy chain located in Florida, one licensed pharmacist who is a member of the Board of
Pharmacy, one licensed physician, one employee of a licensed hospital who is a licensed pharmacist, one employee
of a permitted medical gas manufacturer or medical gas wholesale distributor who has been recommended by the
Compressed Gas Association, 35 and one employee of a pharmaceutical manufacturer. 36
Drug Wholesale Distributor Designated Representative
Each establishment that is issued a permit as a prescription drug wholesale distributor or an out-of-state
prescription drug wholesale distributor must designate in writing to DBPR at least one natural person to serve as
the designated representative of the wholesale distributor. Such person must have an active certification as a
designated representative from DBPR. 37
A designated representative: 38
• Must be actively involved in and aware of the actual daily operation of the wholesale distributor.
• Must be employed full time in a managerial position by the wholesale distributor.
• Must be physically present at the establishment during normal business hours, except for time periods
when absent due to illness, family illness or death, scheduled vacation, or other authorized absence.
• May serve as a designated representative for only one wholesale distributor at any one time.
To be certified as a designated representative, a natural person must: 39
• Submit an application and pay the appropriate fees.
• Be at least 18 years of age.
• Have at least 2 years of verifiable full-time:
o Work experience in a pharmacy licensed in Florida or another state, where the person’s
responsibilities included, but were not limited to, recordkeeping for prescription drugs;
33 S. 468.4315, F.S.
34 Florida Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics – Council Information,
https://www2.myfloridalicense.com/drugs-devices-and-cosmetics/council-information/ (last visited April 4, 2025).
35 The Compressed Gas Association is an American trade association that develops and promotes safety standards and safe
practices for the industrial, medical, and food gases industry. International Society of Beverage Technologists, Resources,
https://www2.myfloridalicense.com/landscape-architecture/ (last visited April 4, 2025).
36 S. 499.01211, F.S.
37 S. 499.012(15), F.S.
38 Id.
39 Id.
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o Managerial experience with a prescription drug wholesale distributor licensed in Florida or in
another state;
o Managerial experience with the United States Armed Forces, where the person’s responsibilities
included, but were not limited to, recordkeeping, warehousing, distributing, or other logistics
services pertaining to prescription drugs;
o Managerial experience with a state or federal organization responsible for regulating or permitting
establishments involved in the distribution of prescription drugs, whether in an administrative or a
sworn law enforcement capacity; or
o Work experience as a drug inspector or investigator with a state or federal organization, whether in
an administrative or a sworn law enforcement capacity, where the person's responsibilities related
primarily to compliance with state or federal requirements pertaining to the distribution of
prescription drugs.
• Pass the required examination.
• Provide DBPR with a personal information statement and fingerprints.
Board of Landscape Architecture
The Board of Landscape Architecture is responsible for licensing and regulating landscape architects. The board
generally meets four times a year to consider applications for licensure, review disciplinary cases, and conduct
informal hearings relating to licensure and discipline. The board engages in rulemaking to implement the
provisions set forth in its statutes and conducts other general business, as necessary. 40
The board consists of seven members who are appointed by the Governor and confirmed by the Senate. Five
members must be registered landscape architects and two members must be laypersons who are not and have
never been registered landscape architects or members of any closely related profession. 41
Board of Architecture and Interior Design
The Board of Architecture and Interior Design is responsible for licensing and regulating architects and interior
designers. The board generally meets four times a year to consider applications for licensure, review disciplinary
cases, and conduct informal hearings relating to licensure and discipline. The board engages in rulemaking to
implement the provisions set forth in its statutes and conducts other general business, as necessary. 42
The board consists of eleven members who are appointed by the Governor and confirmed by the Senate. Five
members but be registered architectures who have been engaged in the practice of architecture for at least five
years, three members must be registered interior designers who have been offering interior design services for at
least 5 years and who are not also registered architects, 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. 43
Board of Pilot Commissioners
The Board of Pilot Commissioners is responsible for licensing and regulating state pilots and deputy pilots. 44 The
board meets approximately four times a year to consider applications for licensure, review disciplinary cases, and
40 Florida Department of Business and Professional Regulation, Cosmetology,
https://www2.myfloridalicense.com/cosmetology/ (last visited April 4, 2025).
41 S. 481.305, F.S.
42 Florida Department of Business and Professional Regulation, Architecture and Interior Design,
https://www2.myfloridalicense.com/architecture-and-interior-design/ (last visited April 4, 2025).
43 S. 481.205(1), F.S.
44 State and deputy pilots navigate vessels within channels, waters, harbors, and ports.
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13
conduct informal hearings relating to licensure and discipline. The board engages in rulemaking to implement the
provisions set forth in its statutes and conducts other general business, as necessary. 45
The board consists of 10 members who are appointed by the Governor and confirmed by the Senate. The board
consists of five licensed and active state pilots, two members who are actively involved in a professional or
business capacity in the maritime industry, one CPA who has at least five years of experience in financial
management, and two citizens of Florida. The latter three board members may not be involved in, or have any
financial interest in, the piloting profession, the maritime industry, the marine shipping industry, or the
commercial passenger cruise industry. 46
Board of Veterinary Medicine
The Board of Veterinary Medicine is responsible for licensing and regulating veterinarians. The board meets
approximately four times a year to consider applications for licensure, review disciplinary cases, and conduct
informal hearings relating to licensure and discipline. The board engages in rulemaking to implement the
provisions set forth in its statutes and conducts other general business, as necessary. 47
The board consists of seven members who are appointed by the Governor and confirmed by the Senate. Five
members must be licensed veterinarians and two members must be laypersons who have no connection to the
veterinary profession. 48
Board of Professional Geologists
The Board of Professional Geologists is responsible for licensing and regulating the practice of professional
geology. The board meets approximately four times a year to consider applications for licensure, review
disciplinary cases, and conduct informal hearings relating to licensure and discipline. The board engages in
rulemaking to implement the provisions set forth in its statutes and conducts other general business, as necessary.
The board is comprised of seven members who are appointed by the Governor and confirmed by the Senate and
one ex officio member. Five members must be professional geologists and two must be laypersons who have no
connection to the geology profession. The chief of the Bureau of Geology in the Department of Environmental
Protection (or his or her designee) must serve as an ex officio member of the board. 49
Building Code Administrators and Inspectors Board
The Building Code Administrators and Inspectors Board is responsible for licensing and regulating building code
administrators, building code inspectors, and building code plans examiners. The board meets approximately six
times a year to consider applications for licensure, review disciplinary cases, and conduct informal hearings
relating to licensure and discipline. The board engages in rulemaking to implement the provisions set forth in its
statutes and conducts other general business, as necessary. 50
The board is comprised of nine members who are appointed by the Governor and confirmed by the Senate. The
board must consist of one member who is either a licensed architect, engineer, or contractor, two members serving
as building code administrators, two members serving as building code inspectors, one member serving as a plans
examiner, one member who is a representative of a city or county, and two consumer members who are not, and
45 Florida Department of Business and Professional Regulation, Harbor Pilots, https://www2.myfloridalicense.com/harbor-
pilots/ (last visited April 4, 2025).
46 S. 310.011, F.S.
47 Florida Department of Business and Professional Regulation, Veterinary Medicine,
https://www2.myfloridalicense.com/veterinary-medicine/ (last visited April 4, 2025).
48 S. 474.204, F.S.
49 S. 492.103, F.S.
50 Florida Department of Business and Professional Regulation, Building Code Administrators & Inspectors,
https://www2.myfloridalicense.com/building-code-administrators-and-inspectors/ (last visited April 4, 2025).
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14
have never been, members of such related professions. One of the consumer members must be a person with a
disability or a representative of an organization which represents persons with disabilities. 51
Board of Employee Leasing Companies
The Board of Employee Leasing Companies is responsible for licensing and regulating employee leasing
companies. 52 The board meets approximately six times a year to consider applications for licensure, review
disciplinary cases, and conduct informal hearings relating to licensure and discipline. The board engages in
rulemaking to implement the provisions set forth in its statutes and conducts other general business, as
necessary. 53
The board is comprised of seven members who are appointed by the Governor and confirmed by the Senate. Five
members must be engaged in the employee leasing industry and be Florida-licensed, where one of the licensed
members is part of an employee leasing company that has an annual gross Florida payroll for its leased employees
which is among the smallest 20 percent of licensed employee leasing companies in the state at the time of the
member’s appointment and each reappointment. The remaining two board members must be Florida residents
who must not be, or ever have been, connected with the business of employee leasing. 54
Florida Board of Professional Engineers
The practice of engineering is regulated by the Florida Board of Professional Engineers (FBPE) under the DBPR.
FBPE is responsible for reviewing applications, administering exams, licensing qualified applicants, and regulating
and enforcing the proper practice of engineering in the state. The administrative, investigative, and prosecutorial
services for FBPE are administered by the Florida Engineers Management Corporation (FEMC). FEMC is a non-
profit, single purpose corporation that operates through a contract with DBPR. 55
Under current law, FBPE is required to certify as qualified for a license by endorsement an applicant who:
• Qualifies to take the fundamentals examination and the principles and practice examination under state
law;
• Has passed a United States national, regional, state, or territorial licensing examination that is substantially
equivalent to the fundamentals examination and principles and practice examination under state law and
has satisfied certain 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 were substantially the same as the licensure criteria that existed in
Florida at the time the license was issued.
FBPE must 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 10 years. FBPE must deem that an applicant who seeks licensure by endorsement has passed an
examination substantially equivalent to the fundamentals examination and the principles and practices
examination when such applicant has held a valid professional engineer’s license in another state for 15 years. 56
FBPE meets six times a year and consists of 11 members who are appointed by the Governor for terms of four
years each. Nine members must be licensed engineers and two must be laypersons who are not and have never
been engineers or members of any closely related profession or occupation. A member of the board who is a
licensed engineer must be selected and appointed based on his or her qualifications to provide expertise and
51 S. 468.605, F.S.
52 “Employee leasing” is an arrangement where a leasing company assigns its employees to a client and allocates the direction
of and control over the leased employees between the leasing company and the client. S. 468.520(4), F.S.
53 Florida Department of Business and Professional Regulation, Employee Leasing Companies,
https://www2.myfloridalicense.com/employee-leasing-companies/ (last visited April 4, 2025).
54 S. 468.521, F.S.
55 Ss. 20.165(4)(a) and 471.038(3), F.S.
56 S. 471.015, F.S.
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15
experience to the board at all times in civil engineering, structural engineering, electrical or electronic engineering,
mechanical engineering, or engineering education. 57
The board is made up of 11 members appointed by the Governor. Nine members must be licensed engineers and
two members must be laypersons. Members are appointed to four-year terms. The board generally meets every
month. 58
Board of Professional Surveyors and Mappers
The Florida Department of Agriculture and Consumer Services (FDACS) licenses and regulates professional
surveyors and mappers in Florida through the Florida Board of Professional Surveyors and Mappers.
The Florida Board of Professional Surveyors and Mappers encourages the entry of qualified individuals into the
profession by approving individuals and businesses applying for licensure as professional surveyors and mappers.
In addition, the board protects the public by disciplining licensees who violate professional practice standards. 59
The board must meet at least once a year and consists of nine members who are appointed by the Commissioner of
Agriculture and confirmed by the Senate. Seven members must be registered surveyors and mappers who are
primarily engaged in the practice of surveying and mapping and two must be laypersons who are not and have
never been surveyors and mappers or members of any closely related profession or occupation. Members serve
four-year staggered terms. 60
Division of Hotels and Restaurants
The Division of Hotels and Restaurants of the DBPR licenses, inspects and regulates public lodging and food service
establishments in Florida. The division also licenses and regulates elevators, escalators and other vertical
conveyance devices. 61
The division is authorized to revoke or suspend licenses, or issue fines, for public lodging or public food service
establishments found to be operating in violation of ch. 509, F.S. 62
Fingerprint Military Spouse Licensure
Under certain circumstances, DBPR is required to issue professional licenses to applicants who are a
spouse or surviving spouse of active duty members of the U.S. Armed Forces. To be eligible for such
licensure, the spouse must provide the following to the department: 63
• Proof that the applicant is or was married to a member of the U.S. Armed Forces serving on active duty.
• Proof that the applicant holds a valid license for the profession issued by another state, the District of
Columbia, any possession or territory of the United States, or any foreign jurisdiction.
• Proof that the applicant, where required by the specific practice act, has complied with insurance or
bonding requirements.
57 S. 471.007, F.S.
58 S. 471.007, F.S.; Florida Board of Professional Engineers, Agenda, Minutes, & Meetings, https://fbpe.org/meetings-
info/agendas-minutes-meetings/agenda-and-minutes-2024/#october (last visited April 7, 2025).
59 Professional surveyors and mappers make exact measurements and determine property boundaries. They provide data
relevant to the shape, contour, gravitation, location, elevation, or dimension of land or land features on or near the earth's
surface for engineering, mapmaking, mining, land evaluation, construction and other purposes. Florida Department of
Agriculture and Consumer Services, Professional Surveyors and Mappers, https://www.fdacs.gov/Business-
Services/Surveyors-and-Mappers (last visited April 8, 2025).
60 S. 472.007, F.S.
61 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants,
https://www2.myfloridalicense.com/hotels-restaurants/ (last visited April 8, 2025).
62 S. 509.261, F.S.
63 S. 455.02(3), F.S.
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16
• A complete set of the applicant’s fingerprints to the Department of Law Enforcement (FDLE) for a
statewide criminal history check.
FDLE must forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check.
DBPR must, and the board may, review the results of the criminal history checks, and determine whether the
applicant meets the licensure requirements. 64
The costs of fingerprint processing are borne by the applicant. If the applicant’s fingerprints are submitted through
an authorized agency or vendor, the agency or vendor shall collect the required processing fees and remit the fees
to the Department of Law Enforcement. 65
Elevator Regulation
The Elevator Safety Act, located in ch. 399, F.S., establishes the minimum standards for elevator personnel in order
“to provide for the safety of life and limb and to promote public safety awareness”. 66
The Elevator Safety Act requires buildings more than three stories high, or buildings in which the vertical distance
between the bottom terminal landing and the top terminal landing exceeds 25 feet, to contain at least one
passenger elevator that will accommodate an ambulance stretcher 76 inches long and 24 inches wide in the
horizontal position. 67
Building Permits
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent of the Act is to
provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state
building code. The Florida Building Code must be applied, administered, and enforced uniformly and consistently
throughout the state. 68
It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public’s health, safety, and welfare. 69
Every local government must enforce the Florida Building Code and issue building permits. 70
A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 71 It is unlawful for a person, firm, or corporation to construct, erect, alter, repair,
secure, or demolish any building without first obtaining a building permit from the local enforcement agency or
from such persons as may, by resolution or regulation, be directed to issue such permit. 72
Local governments may not require an owner of a residence to obtain a permit to paint such residence. 73
Current law requires local governments to post their building permit applications, including a list of all required
attachments, drawings, and documents for each application, on its website. However, other than fire alarm building
permit applications, local governments are not required to have uniform building permit applications, and they are
free to create their own applications with their own requirements. 74
64 Id.
65 Id.
66 S. 399.001, F.S.
67 S. 399.035(2), F.S.
68 553.72(1), F.S.
69 S. 553.72, F.S.
70 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
71 S. 468.603, F.S.; S. 202 of the Eighth edition of the Florida Building Code (Building).
72 Ss. 125.56(4)(a) and 553.79(1), F.S.
73 Ss. 125.571, and 166.0483, F.S.
74 553.79(1), and 553.7921, F.S.
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Any construction work that requires a building permit also requires plans and inspections to ensure the
work complies with the Florida Building Code. The Florida Building Code requires certain building, electrical,
plumbing, mechanical, and gas inspections. Construction work may not be done beyond a certain point until it
passes an inspection. Generally speaking, a permit for construction work that passes the required
inspections is considered completed or closed. 75
Consumptive Water Use Permitting
A person must apply for and obtain a consumptive use permit (CUP) from the applicable water management
district (WMD) before using surface or groundwater of the state, unless the person is solely using the water for
domestic use. 76 To obtain a CUP, an applicant must satisfy three requirements, commonly referred to as the “the
three-prong test.” To satisfy the test, an applicant must establish that the proposed use of water:
• Is for a “reasonable-beneficial use,” meaning the use of water in such quantity as is necessary for economic
and efficient utilization for a purpose and in a manner, which is both reasonable and consistent with the
public interest; 77
• Will not interfere with any presently existing legal use of water; and
• Is consistent with the public interest. 78
Department of Agriculture and Consumer Services
The Department of Agriculture and Consumer Services (DACS) supports and promotes Florida agriculture, protects
the environment, safeguards consumers, and ensures the safety and wholesomeness of food. 79 The Division of
Licensing (Division) within DACS administers Florida's concealed weapon licensing program 80 and oversees
Florida's private investigative, private security, and recovery services industries. 81 The Division's regulatory
oversight of those services includes licensing, enforcing compliance standards, and ensuring public protection from
unethical business practices and unlicensed activity. 82
Private Investigative, Private Security, and Recovery Services Industries
Private Investigative, Security Services, and Recovery Services
Currently, the Division offers 22 different types of private investigative, private security, and recovery services
licenses and four different types of concealed weapon or firearm licenses. As of March 31, 2025, the Division had
issued a total of 213,977 private investigative, private security, and recovery services licenses. The following chart
provides a breakdown of the total number of each license type. 83
License License Title Total
Type
C Private Investigators 6,884
CC Private Investigator Interns 1,380
A Private Investigative Agencies 2,555
AA Private Investigative Agency Branch Offices 18
75 Section 110 of Eighth Edition of the Florida Building Code (Building).
76 S. 373.219, F.S.
77 S. 373.019(16), F.S.
78 S. 373.223, F.S.
79 Department of Agriculture and Consumer Services, About, https://www.fdacs.gov/About-Us (last visited April 4, 2025).
80 S. 790.06, F.S.
81 Ch. 493, F.S.
82 Office of Program Policy Analysis and Government Accountability, Government Program Summaries, Department of
Agriculture and Consumer Services Licensing, https://www.fdacs.gov/Divisions-Offices/Licensing (last visited April 4, 2025).
83 The Florida Department of Agriculture and Consumer Services, Division of Licensing Statistical Reports,
https://www.fdacs.gov/Divisions-Offices/Licensing/Statistical-Reports (last visited April 4, 2025).
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MA Private Investigative Agency Managers 82
M Private Investigative/Security Agency 438
Managers
D Security Officers 167,488
B Security Agencies 2,108
BB Security Agency Branch Offices 178
MB Security Managers 1,549
AB Security Agency/Private Investigative Agency 10
Branch Offices
DS Security Officer Schools 483
DI Security Officer Instructors 1,788
G Statewide Firearm Licenses 26,790
K Firearms Instructors 654
E Recovery Agents 799
EE Recovery Agent Interns 417
R Recovery Agencies 293
RR Recovery Agency Branch Offices 43
MR Recovery Agency Managers 4
RS Recovery Agent Schools 8
RI Recovery Agent Instructors 8
Total of Private Investigative, Private Security, and Recovery 213,977
Services Licenses
In order to receive a license for private investigative, private security, and recovery services industries from DACS,
a person must meet the following in addition to any other specific requirements for each license: 84
• Be at least 18 years old;
• Be one of the following:
o A United States citizen,
o A permanent legal resident, or
o A holder of a work visa from the United States Citizenship and Immigration Service;
• Have no disqualifying criminal history;
• Be of good moral character;
• Have no history of:
o Mental illness,
o Alcohol abuse, or
o Substance abuse;
• Submit an application with certain identifying information.
Private Investigators
A private investigator is any individual who, for consideration, advertises as providing or performs private
investigations.85 Any individual who performs the services of a private investigator must have a private
investigator Class “C” license. In order to obtain a license a person must: 86
• have two years of lawfully gained, verifiable, full-time experience to qualify for the license. This experience
can be acquired through a combination of:
o Private investigative work or related fields of work that provided equivalent experience or training;
o College coursework related to criminal justice, criminology or law enforcement administration, or
successful completion of any law enforcement-related training which may count for one year; or
84 Ss. 493.6105 and 493. 6106, F.S.
85 S. 493.6101(17), F.S.
86 Ss. 493.6202, and 493.6203, F.S.
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o A Class “CC” licensed private investigator intern.
• pay a fee of $75
• pass an examination.
A private investigator intern is a person interning under a private investigator. Any person who wants to intern
with a private investigator must have private investigator intern Class “CC” license. In order to obtain a license a
person must: 87
• Pay a fee of $60
• Complete 40 hours of professional training pertaining to general investigative techniques.
Any person, firm, company, partnership or corporation that engages in business as a private investigative agency
must have a Class “A” license for its main location. A Class “A” license is valid for only one location. In order to
obtain a Class “A” license a person must pay a fee of $450. 88
A Class “A” license is valid for only one location. Any satellite or additional locations within a private investigative
agency must obtain a Class “AA” license. In order to obtain a Class “AA” license a person must: 89
• Have a Class “A” license for the main location.
• Pay a fee of $125.
Every location with a Class “A” license or branch location with a Class “AA” license must have a licensed manager. A
manager may supervise up to three locations within a 150-mile radius. A private investigator with a Class “C”
license may act as a manager; however, any person who wants to be a licensed manager must have a Class “MA”
license. In order to obtain such license a person must:
• Have two years of experience in the private investigative work or related fields of work that provided
equivalent experience or training;
• Pass an exam; and
• Pay a fee of $75.
Security Officers
A security officer is any individual who, for consideration, advertises or performs the following: 90
• Providing bodyguard protection.
• Guarding property.
• Transporting prisoners.
• Providing armored car services.
• Assisting in prevention of theft.
• Assisting in prevention of the misappropriation or concealment of articles of value or assisting in the return
of such articles.
In order to be a security officer, an individual must have security officer Class “D” license from DACS. 91
Any person, firm, company, partnership or corporation that engages in business as a security agency must have a
security agency Class “B” license for its main location. A Class “B” license is valid for only one location. In order to
obtain a Class “B” license a person must pay a fee of $450. 92
87 Id.
88 Id.
89 Id.
90 S. 493.6101(19), F.S.
91 S. 493.6301, F.S.
92 Ss. 493.6301 and 493.6302, F.S.
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20
A Class “B” license is valid for only one location. Any satellite or additional locations within a security must obtain a
security agency branch office Class “BB” license. In order to obtain a Class “BB” license a person must: 93
• Have a Class “B” license for a different location.
• Pay a fee of $125.
Every location with a Class “B” license or branch location with a Class “BB” license must have a licensed manager or
a licensed security officer with at least two years of experience. Any person who wants to be a licensed manager
must have a manager of a security agency Class “MB” license. In order to obtain such license a person must: 94
• Have two years of experience in security work or related fields of work that provided equivalent
experience or training (College coursework, law enforcement-related training, or managerial experience
may count towards one year of experience); and
• Pay a fee of $75.
Dual Private Investigator and Security Agency licenses
If a person, firm, company, partnership or corporation holds both a private investigative agency Class “A” and
security agency Class “B” license, each additional or branch office must have a Class “AB” license. In order to obtain
a Class “AB” license a person must: 95
• Have a Class “A” and Class “B” license for the main location.
• Pay a fee of $125.
A person who qualifies as manager for a private investigative agency and a security agency may obtain a manager
Class “M” license, which allows the person to be a manager for both types of agencies. In order to obtain a Class “M”
license a person must: 96
• Qualify for a private investigator manager Class “MA” license;
• Qualify for a security agency manager Class “MB” license;
• Pass an exam; and
• Pay a fee of $75.
Repossession Services
Repossession means the recovery of a motor vehicle, a mobile home, a motorboat, an aircraft, a personal
watercraft, an all-terrain vehicle, farm equipment, or industrial equipment, by an individual who is authorized by
the legal owner, lienholder, or lessor to recover that which has been sold or leased under a security agreement that
contains a repossession clause. 97
Any individual who performs repossession services must be licensed as a recovery agent and have a recovery
agent Class “E” license issued by DACs. In order to obtain a license a person must: 98
• Have one year of lawfully gained, verifiable, full-time experience to qualify for the license. This experience
can be acquired through a combination of:
o Repossession work; or
o Completing a repossession internship
• Complete 40 hours of professional training
• Pay a fee of $75.
93 Id.
94 Id.
95 Ss. 493.6201, and 493.6202, F.S.
96 Ss. 493.6203, and 493.6303, F.S.
97 S. 493.6101(22), F.S.
98 Ss. 493.6403, and 493.6403, F.S.
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21
A recovery agent intern is a person interning under a licensed recovery agent. Any person who wants to enter the
internship must have Class “EE” license issued by DACS. In order to obtain a license a person must: 99
• Pay a fee of $60
• Complete 40 hours of professional training pertaining to general investigative techniques.
Any person, firm, company, partnership or corporation that engages in business as a recovery must have a
recovery agency main office Class “R” license for their main office. A Class “R” license is valid for only one location.
In order to obtain a Class “R” license a person must: 100
• Pay a fee of $450.
Any satellite or additional locations within a recovery agency must obtain a recovery agent intern Class “RR”
license. In order to obtain a Class “RR” license a person must: 101
• Have a Class “R” license for the main location.
• Pay a fee of $125.
Every location with a Class “R” license or branch location with a Class “RR” license must have a licensed manager.
However, a licensed recovery agent may also act as a manager. A licensed manager must have a manager of a
recovery agency Class “MR” license. In order to obtain such license a person must: 102
• Have one year of experience as a licensed recovery agent; and
• Pay a fee of $75.
Motor Vehicle Repair Advisory Council
The Motor Vehicle Repair Advisory Council advises and assists DACS in carrying out and reviewing the rules
relating to the Florida Motor Vehicle Repair Act. The council also advises DACS on matters relating to educational
grants, advancements in industry standards and practices, and other issues that require technical expertise and
consultation or that promise better consumer protection in the motor vehicle repair industry. 103
The council is made up of nine members appointed by the Commissioner of Agriculture. One person must be a
motor vehicle mechanic, two persons must be laymen, and six members from the motor vehicle repair business
including one from each of the below categories: 104
• Independent automotive mechanics shop.
• Franchise or company-owned automotive mechanics shop.
• Automotive collision shop.
• Tire dealer.
• Independent motor vehicle dealer.
• Franchise motor vehicle dealer.
Pest Control Enforcement Advisory Council
The Pest Control Enforcement Advisory Council advises the Commissioner of Agriculture regarding the regulation
of pest control practices. The council also advises government agencies with respect to those activities related to
their responsibilities regarding pest control. The council shall serve as the statewide forum for the coordination of
pest control related activities to eliminate duplication of effort and maximize protection of the public. 105
99 Id.
100 Id.
101 Id.
102 Id.
103 S. 559.9221, F.S.
104 Id.
105 S. 482.243, F.S.
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The council shall consist of 11 members appointed to 4-year terms by the Commissioner of Agriculture. The 11
members must include the following: 106
• A representative of DACS.
• A citizen not involved in the conduct of pest control;
• A state university urban entomologist.
• Two pest control operators actively involved in termite control.
• Two pest control operators actively involved in general household pest control.
• Two pest control operators actively involved in structural fumigation.
• Two pest control operators actively involved in lawn and landscape pest control.
Babcock Ranch Advisory Group
The Babcock Ranch Advisory Group assists DACS by providing guidance and advice concerning the management
and stewardship of the Babcock Ranch Preserve. 107
The Advisory Group is composed of nine members appointed to 5-year terms. Members are appointed by the
Commissioner of Agriculture based on recommendations from the Governor and Cabinet, and the governing
boards of Charlotte County and Lee County. The nine members must include: 108
• One member with experience in sustainable management of forest lands for commodity purposes.
• One member with experience in financial management, budget and program analysis, and small business
operations.
• One member with experience in management of game and nongame wildlife and fish populations, including
hunting, fishing, and other recreational activities.
• One member with experience in domesticated livestock management, production, and marketing, including
range management and livestock business management.
• One member with experience in agriculture operations or forestry management.
• One member with experience in hunting, fishing, nongame species management, or wildlife habitat
management, restoration, and conservation.
• One member with experience in public outreach and education.
• One member who is a resident of Lee County, to be designated by the Board of County Commissioners of
Lee County.
• One member who is a resident of Charlotte County, to be designated by the Board of County Commissioners
of Charlotte County.
Agriculture Economic Development Project Review Committee
In 1991, the Legislature created the Agriculture Economic Development Program within DACS to promote and
coordinate efficient and beneficial agricultural economic development within agriculturally depressed areas of the
state.109
The program is administered by the Division of Marketing and Development within DACS. At that time, an
Agriculture Economic Development Project Review Committee was created within DACS to facilitate the project
selection process and to make recommendations to the Commissioner regarding project prioritization and
selection. 110
106 Id.
107 S. 259.1053(4), F.S.; The “Babcock Ranch Preserve constitutes a unique land mass that has significant scientific, cultural,
historical, recreational, ecological, wildlife, fisheries, and productive values. The property is part of a potential greenway of
undeveloped land extending from Lake Okeechobee to the east and Charlotte Harbor to the west. The natural beauty and
abundant resources of the ranch provide numerous public recreational opportunities such as hiking, fishing, camping,
horseback riding, and hunting. Ss. 259.1052, and 259.1053, F.S.
108 S. 259.1053(4), F.S.
109 Ch. 91-268, Laws of Florida
110 S. 570.248, F.S.
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23
The Agricultural Economic Development Project Review Committee includes five members appointed by the
commissioner and should include: The commissioner; One representative from the Farm Credit Service; One
representative from the Department of Commerce; One representative from the Florida Farm Bureau Federation;
One agricultural economist from the Institute of Food and Agricultural Sciences or from Florida Agricultural and
Mechanical University. The committee reviews each application for assistance that meets the basic program
criteria and makes recommendations to the commissioner regarding all aspects of each eligible application,
including the acceptance or rejection of each application. It also prioritizes the applications recommended for
assistance and forwards all written comments and recommendations to the commissioner, which shall be included
in the annual report of the department. If the commissioner does not accept the recommendations or priorities of
the review committee, the annual report of the department shall include justification for any or all rejections. 111
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Industries & Anstead Brackett
Professional Activities
Subcommittee
111 Id.
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24
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1 A bill to be entitled
2 An act relating to industries and professional
3 activities; amending s. 20.165, F.S.; renaming,
4 removing, and redesignating specified boards,
5 commissions, and councils established within the
6 Department of Business and Professional Regulation;
7 requiring the department to provide to the Division of
8 Professions a summary of changes to statutory law
9 within a specified time period after adjournment of
10 session; repealing ss. 310.011, 310.032, 310.042,
11 455.2124, 455.2228, 468.384, 468.399, 468.4315,
12 468.4337, 468.4338, 468.521, 468.522, 468.523,
13 468.605, 468.8316, 468.8416, 471.007, 471.008,
14 471.009, 471.019, 471.0195, 471.038, 472.007, 472.008,
15 472.009, 472.018, 472.019, 474.204, 474.211, 473.303,
16 473.312, 474.206, 475.02, 475.03, 475.04, 475.045,
17 475.05, 475.10, 476.054, 476.064, 477.015, 481.205,
18 481.2055, 481.305, 482.243, 489.107, 489.507, 492.103,
19 493.6116, 499.01211, 559.9221, and 570.81, F.S.,
20 relating to Board of Pilot Commissioners; oath of
21 members of the Board of Pilot Commissioners;
22 organization and meetings of the board; proration of
23 continuing education; barbers and cosmetologists and
24 instruction on HIV and AIDS; Florida Board of
25 Auctioneers; expenditure of excess funds; Regulatory
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26 Council of Community Association Managers; continuing
27 education; reactivation and continuing education; the
28 Board of Employee Leasing Companies, membership,
29 appointments, and terms; rules of the board;
30 applicability of s. 20.165 and chapter 455; Florida
31 Building Code Administrators and Inspectors Board;
32 continuing education; Board of Professional Engineers;
33 rulemaking authority of the board; board headquarters;
34 reactivation; Florida Building Code training for
35 engineers; Florida Engineers Management Corporation;
36 Board of Veterinary Medicine; renewal of license;
37 Board of Accountancy; continuing education; Barbers'
38 Board; organization, headquarters, personnel, and
39 meetings of the board; Board of Cosmetology; Board of
40 Architecture and Interior Design; authority of the
41 board to make rules; Florida Real Estate Commission;
42 delegation of powers and duties; legal services; duty
43 of commission to educate members of profession;
44 Florida Real Estate Commission Education and Research
45 Foundation; power of commission to enact bylaws and
46 rules and decide questions of practice; seal; Board of
47 Landscape Architecture; Pest Control Enforcement
48 Advisory Council; Construction Industry Licensing
49 Board; Electrical Contractors' Licensing Board; Board
50 of Professional Geologists; sponsorship of interns;
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51 Drug Wholesale Distributor Advisory Council; Motor
52 Vehicle Repair Advisory Council; and Agricultural
53 Economic Development Project Review Committee,
54 respectively; requiring the department to conduct a
55 specified study; amending ss. 125.01, 125.56, 212.08,
56 215.5586, 215.55871, 309.01, 310.0015, 310.002,
57 310.051, 310.061, 310.071, 310.073, 310.075, 310.081,
58 310.101, 310.102, 310.111, 310.1115, 310.121, 310.131,
59 310.142, 310.151, 310.183, 310.185, 319.28, 326.002,
60 326.006, 376.303, 381.0065, 403.868, 403.9329, 440.02,
61 448.26, 468.382, 468.385, 468.3852, 468.3855, 468.387,
62 468.388, 468.389, 468.392, 468.393, 468.395, 468.396,
63 468.397, 468.398, 468.431, 468.433, 468.4336, 468.435,
64 468.436, 468.520, 468.522, 468.524, 468.5245, 468.525,
65 468.526, 468.527, 468.5275, 468.529, 468.530, 468.531,
66 468.532, 468.603, 468.606, 468.607, 468.613, 468.619,
67 468.621, 468.627, 468.629, 468.631, 468.8312,
68 468.8315, 468.8415, 468.8417, 468.8419, 469.004,
69 469.012, 469.013, 471.003, 471.0035, 471.005, 471.011,
70 471.013, 471.017, 471.021, 471.023, 471.025, 471.031,
71 471.033, 471.045, 471.055, 473.302, 473.3035, 473.304,
72 473.305, 473.306, 473.309, 473.3101, 473.311,
73 473.3125, 473.313, 473.314, 473.315, 473.316, 473.319,
74 473.3205, 473.321, 473.322, 473.323, 474.202,
75 474.2021, 474.2065, 474.207, 474.2125, 474.213,
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76 474.214, 474.215, 474.216, 474.2165, 474.217, 474.221,
77 476.034, 476.074, 476.114, 476.134, 476.144, 476.154,
78 476.155, 476.192, 476.204, 476.214, 476.234, 477.013,
79 477.0135, 477.016, 477.018, 477.019, 477.0201,
80 477.0212, 477.022, 477.025, 477.026, 477.0263,
81 477.028, 477.029, 481.203, 481.207, 481.209, 481.211,
82 481.215, 481.217, 481.221, 481.222, 481.225, 481.2251,
83 481.303, 481.306, 481.307, 481.309, 481.310, 481.311,
84 481.313, 481.315, 481.317, 481.319, 481.321, 481.323,
85 481.325, 489.103, 489.105, 489.108, 489.109, 489.113,
86 489.1131, 489.1136, 489.114, 489.115, 489.116,
87 489.117, 489.118, 489.119, 489.1195, 489.121, 489.126,
88 489.127, 489.129, 489.131, 489.132, 489.133, 489.1401,
89 489.1402, 489.141, 489.142, 489.1425, 489.143,
90 489.1455, 489.146, 489.509, 489.510, 489.511, 489.513,
91 489.514, 489.515, 489.516, 489.5161, 489.517, 489.518,
92 489.5185, 489.519, 489.520, 489.521, 489.522, 489.523,
93 489.525, 489.533, 489.5335, 489.537, 489.552, 492.102,
94 492.104, 492.105, 492.1051, 492.106, 492.107, 492.108,
95 492.1101, 492.111, 492.113, 493.6101, 493.6105,
96 493.6106, 493.6111, 493.6113, 493.6118, 493.6120,
97 493.6123, 493.6201, 493.6202, 493.6203, 493.6301,
98 493.6302, 493.6303, 493.6401, 493.6402, 493.6403,
99 514.0315, 514.075, 533.791, 553.998, 569.34, 627.192,
100 633.216, 713.01, and 1006.12, F.S.; providing
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101 licensing authority to the department rather than
102 licensing boards; amending s. 259.1053, F.S.; removing
103 the Babcock Ranch Advisory Group; amending s. 399.035,
104 F.S.; revising the requirements for accessibility of
105 elevators for the physically handicapped; amending s.
106 373.219, F.S.; providing an exception to the permit
107 requirement for certain landscape irrigation water
108 users; amending s. 455.02, F.S.; specifying that
109 certain license application requirements apply only to
110 certain professions; amending s. 455.213, F.S.;
111 providing regulation authority to the department to
112 regulate a cosmetologist or cosmetology specialist
113 review an applicant's criminal record; amending s.
114 468.386, F.S.; requiring the department to reduce fees
115 by a specified percentage on a certain date; amending
116 s. 468.609, F.S.; revising the standards for
117 certification as a building code inspector or plans
118 examiner; amending s. 471.015, F.S.; revising who the
119 department must certify as qualified for a license by
120 endorsement for the practice of engineering; amending
121 s. 473.308, F.S.; revising the education and work
122 experience requirements for a certified public
123 accountant license; directing the department to
124 prescribe specified coursework for licensure; revising
125 requirements for licensure by endorsement; removing
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126 provisions relating to licensure of applicants with
127 work experience in foreign countries; providing
128 applicability; creating s. 473.3085, F.S.; requiring
129 an international applicant who seeks licensure as a
130 certified public accountant in this state to meet
131 specified criteria prescribed by the department;
132 requiring such applicants to apply to the department;
133 requiring such applicants to create and maintain an
134 online account with the department; providing that the
135 applicant's e-mail address serves as the primary means
136 of communication from the department; requiring an
137 applicant to submit any change in certain information
138 within a specified timeframe through the department's
139 online system; requiring the department to certify an
140 applicant who meets certain requirements; requiring
141 the department to adopt rules; amending s. 473.3141,
142 F.S.; revising requirements for certified public
143 accountants licensed in another state or a territory
144 of the United States to practice in this state without
145 obtaining a license; amending s. 476.184, F.S.;
146 requiring the department to adopt rules; requiring a
147 mobile barbershop to comply with all licensure and
148 operating requirements that apply to a barbershop at a
149 fixed location; providing an exception; requiring a
150 mobile barbershop to have a permanent business address
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151 in a specified location; requiring that certain
152 records be kept at the permanent business address;
153 requiring a mobile barbershop licenseholder to file
154 with the department a written monthly itinerary that
155 provides certain information; requiring that a
156 licenseholder comply with certain laws and ordinances;
157 amending s. 476.188, F.S.; providing that a barbershop
158 must be licensed with the department, rather than
159 registered; authorizing the practice of barbering to
160 be performed in a location other than a licensed
161 barbershop under certain circumstances; amending s.
162 481.213, F.S.; revising who the department shall
163 certify as qualified for a license by endorsement in
164 the practice of architecture; amending s. 481.219,
165 F.S.; revising construction; amending s. 481.223,
166 F.S.; reenacting and amending s. 499.012, F.S.;
167 removing permit application requirements for a
168 prescription drug wholesale distributor to include a
169 designated representative; amending s. 499.0121, F.S.;
170 removing a designated representative as a responsible
171 person who must be listed by a wholesale distributor;
172 amending s. 499.041, F.S.; removing a requirement that
173 the department assess each person applying for
174 certification as a designated representative a fee,
175 plus the cost of processing a criminal history record
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176 check; amending s. 509.261, F.S.; prohibiting a
177 lodging establishment or a public food service
178 establishment from selling hemp in violation of the
179 state hemp program; amending s. 553.79, F.S.;
180 prohibiting a local enforcement agency from denying
181 the issuance of a certificate of occupancy to an owner
182 of residential or commercial property based on
183 noncompliance with Florida-friendly landscaping
184 ordinances in certain circumstances; prohibiting a
185 local enforcement agency from denying the issuance of
186 a building permit for the alteration, modification, or
187 repair of a single-family residential structure in
188 certain circumstances; prohibiting a local enforcement
189 agency from requiring a building permit for the
190 construction of playground equipment or a fence on
191 certain property; reordering and amending s. 569.002,
192 F.S; making technical changes; amending s. 569.006,
193 F.S.; revising the violations for which retail tobacco
194 products dealers are penalized; amending 569.35, F.S.;
195 revising retail nicotine product dealer administrative
196 penalties; amending s. 581.217, F.S.; defining the
197 term "division"; authorizing the Division of Alcoholic
198 Beverages and Tobacco to assist any agent of the
199 Department of Agriculture and Consumer Services in
200 enforcing the state hemp program; authorizing the
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201 division to enter any public or private premises
202 during a specified timeframe in the performance of its
203 duties; providing effective dates.
204
205 Be It Enacted by the Legislature of the State of Florida:
206
207 Section 1. Section 20.165, Florida Statutes, is amended to
208 read:
209 20.165 Department of Business and Professional
210 Regulation.—There is created a Department of Business and
211 Professional Regulation.
212 (1) The head of the Department of Business and
213 Professional Regulation is the Secretary of Business and
214 Professional Regulation. The secretary shall be appointed by the
215 Governor, subject to confirmation by the Senate. The secretary
216 shall serve at the pleasure of the Governor.
217 (2) The following divisions of the Department of Business
218 and Professional Regulation are established:
219 (a) Division of Administration.
220 (b) Division of Alcoholic Beverages and Tobacco.
221 (c) Division of Certified Public Accounting.
222 1. The director of the division shall be appointed by the
223 secretary of the department, subject to approval by a majority
224 of the Board of Accountancy.
225 2. The offices of the division shall be located in
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226 Tallahassee Gainesville.
227 (d) Division of Drugs, Devices, and Cosmetics.
228 (e) Division of Florida Condominiums, Timeshares, and
229 Mobile Homes.
230 (f) Division of Hotels and Restaurants.
231 (g) Division of Professions.
232 (h) Division of Real Estate.
233 1. The director of the division shall be appointed by the
234 secretary of the department, subject to approval by a majority
235 of the Florida Real Estate Commission.
236 2. The offices of the division shall be located in
237 Tallahassee Orlando.
238 (i) Division of Regulation.
239 (j) Division of Technology.
240 (k) Division of Service Operations.
241 (3) The secretary shall appoint a director for each
242 division established within this section. Each division director
243 shall directly administer the division and shall be responsible
244 to the secretary. The secretary may appoint deputy and assistant
245 secretaries as necessary to aid the secretary in fulfilling the
246 secretary's statutory obligations.
247 (4)(a) The following boards and programs are established
248 within the Division of Professions:
249 1. Board of Architecture and Interior Design licensing
250 program, created under parts part I and II of chapter 481.
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251 2. Florida Board of Auctioneers licensing program, created
252 under part VI of chapter 468.
253 3. Barbers' licensing program Board, created under chapter
254 476.
255 4. Florida Building Code Administrators and Inspectors
256 licensing program Board, created under part XII of chapter 468.
257 5. Construction Industry licensing program Board, created
258 under part I of chapter 489.
259 6. Board of Cosmetology licensing program, created under
260 chapter 477.
261 7. Electrical Contractors' licensing program Board,
262 created under part II of chapter 489.
263 8. Board of Employee Leasing Companies licensing program,
264 created under part XI of chapter 468.
265 9. Board of Landscape Architecture licensing program,
266 created under part II of chapter 481.
267 10. Board of Pilot Commissioners licensing program,
268 created under chapter 310.
269 11. Board of Professional Engineers licensing program,
270 created under chapter 471.
271 12. Board of Professional Geologists licensing program,
272 created under chapter 492.
273 13. Board of Veterinary Medicine licensing program,
274 created under chapter 474.
275 14. Home inspection services licensing program, created
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276 under part XV of chapter 468.
277 15. Mold-related services licensing program, created under
278 part XVI of chapter 468.
279 16. Talent agency licensing program, created under part
280 VII of chapter 468.
281 17. The Florida Building Commission, created under chapter
282 553.
283 18. The Community Association Managers Licensing Program,
284 created under part VIII of chapter 468.
285 19. Yacht and ship brokers licensing program, created
286 under chapter 326.
287 (b) The Florida Real Estate Appraisal Board, created under
288 part II of chapter 475 is following board and commission are
289 established within the Division of Real Estate.:
290 1. Florida Real Estate Appraisal Board, created under part
291 II of chapter 475.
292 2. Florida Real Estate Commission, created under part I of
293 chapter 475.
294 (c) The following board is established within the Division
295 of Certified Public Accounting: Board of Accountancy, created
296 under chapter 473.
297 (5) The members of each board established pursuant to
298 subsection (4) shall be appointed by the Governor, subject to
299 confirmation by the Senate. Consumer members on the board shall
300 be appointed pursuant to subsection (6). Members shall be
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301 appointed for 4-year terms, and such terms shall expire on
302 October 31. However, a term of less than 4 years may be utilized
303 to ensure that:
304 (a) No more than two members' terms expire during the same
305 calendar year for boards consisting of seven or eight members.
306 (b) No more than 3 members' terms expire during the same
307 calendar year for boards consisting of 9 to 12 members.
308 (c) No more than 5 members' terms expire during the same
309 calendar year for boards consisting of 13 or more members.
310
311 A member whose term has expired shall continue to serve on the
312 board until such time as a replacement is appointed. A vacancy
313 on the board shall be filled for the unexpired portion of the
314 term in the same manner as the original appointment. No member
315 may serve for more than the remaining portion of a previous
316 member's unexpired term, plus two consecutive 4-year terms of
317 the member's own appointment thereafter.
318 (6) Each board with five or more members shall have at
319 least two consumer members who are not, and have never been,
320 members or practitioners of the profession regulated by such
321 board or of any closely related profession. Each board with
322 fewer than five members shall have at least one consumer member
323 who is not, and has never been, a member or practitioner of the
324 profession regulated by such board or of any closely related
325 profession.
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326 (7) No board, with the exception of joint
327 coordinatorships, shall be transferred from its present location
328 unless authorized by the Legislature in the General
329 Appropriations Act.
330 (5)(8) Notwithstanding any other provision of law, the
331 department shall is authorized to establish uniform application
332 forms and certificates of licensure for use by the divisions
333 within the department. However, Nothing in this subsection does
334 not authorize authorizes the department to vary any substantive
335 requirements, duties, or eligibilities for licensure or
336 certification as provided by law.
337 (6)(9)
338 (a) All employees authorized by the Division of Alcoholic
339 Beverages and Tobacco shall have access to, and shall have the
340 right to inspect, premises licensed by the division, to collect
341 taxes and remit them to the officers entitled to them, and to
342 examine the books and records of all licensees. The authorized
343 employees shall require of each licensee strict compliance with
344 the laws of this state relating to the transaction of such
345 business.
346 (b) Each employee serving as a law enforcement officer for
347 the division must meet the qualifications for employment or
348 appointment as a law enforcement officer set forth under s.
349 943.13 and must be certified as a law enforcement officer by the
350 Department of Law Enforcement under chapter 943. Upon
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351 certification, each law enforcement officer is subject to and
352 has the same authority as provided for law enforcement officers
353 generally in chapter 901 and has statewide jurisdiction. Each
354 officer also has arrest authority as provided for state law
355 enforcement officers in s. 901.15. Each officer possesses the
356 full law enforcement powers granted to other peace officers of
357 this state, including the authority to make arrests, carry
358 firearms, serve court process, and seize contraband and the
359 proceeds of illegal activities.
360 1. The primary responsibility of each officer appointed
361 under this section is to investigate, enforce, and prosecute,
362 throughout this the state, violations and violators of parts I
363 and II of chapter 210; chapter 310; chapter 326; parts I and III
364 of chapter 450; chapter 455; parts VI-IX, XI, XII, XV, and XVI
365 of chapter 468; chapter 469; chapter 471; chapters 473-477;
366 chapter 481; parts I and II of chapter 489; chapter 499; chapter
367 509; chapter 548; chapter 553;, part VII of chapter 559;, and
368 chapters 561-569; chapters 718-719; chapter 721; and chapter
369 723;, and the rules adopted thereunder, as well as other state
370 laws that the division, all state law enforcement officers, or
371 beverage enforcement agents are specifically authorized to
372 enforce.
373 2. The secondary responsibility of each officer appointed
374 under this section is to enforce all other state laws, provided
375 that the enforcement is incidental to exercising the officer's
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376 primary responsibility as provided in subparagraph 1., and the
377 officer exercises the powers of a deputy sheriff, only after
378 consultation or coordination with the appropriate local
379 sheriff's office or municipal police department or when the
380 division participates in the Florida Mutual Aid Plan during a
381 declared state emergency.
382 (7) The Department of Business and Professional Regulation
383 shall provide, via email, to each person licensed by the
384 department, as promptly after the adjournment of the legislative
385 session as possible, a summary of changes to existing law
386 relating to each business and profession, and the effective date
387 of each change.
388 Section 2. Sections 310.011, 310.032, 310.042, 455.2124,
389 455.2228, 468.384, 468.399, 468.4315, 468.4337, 468.4338,
390 468.521, 468.522, 468.523, 468.605, 468.8316, 468.8416, 471.007,
391 471.008, 471.009, 471.019, 471.0195, 471.038, 472.007, 472.008,
392 472.009, 472.018, 472.019, 474.20, 473.303, 473.312, 474.206,
393 475.02, 475.03, 475.04, 475.045, 475.05, 475.10, 476.054,
394 476.064, 477.015, 481.205, 481.2055, 481.305, 482.243, 489.107,
395 489.507, 492.103, 493.6116, 499.01211, 559.9221, and 570.81,
396 Florida Statutes, are repealed.
397 Section 3. (1) The Department of Business and
398 Professional Regulation created under s. 20.165, Florida
399 Statutes, shall conduct a study to evaluate and make
400 recommendations regarding:
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401 (a) The department's recommendations for creating a
402 uniform process for permit inspections, including a uniform
403 process for virtual inspections. The department's
404 recommendations shall include how building officials can most
405 efficiently perform the most common building inspections and how
406 to reduce the number of inspections performed by such officials.
407 (b) The creation of a uniform permitting process in this
408 state for common building permits issued pursuant to chapter
409 553, Florida Statutes.
410 (2) The department, created under s. 20.165, Florida
411 Statutes, and the Department of Agriculture and Consumer
412 Services, created under s. 20.14, Florida Statutes, shall
413 conduct a study to evaluate and make recommendations regarding
414 the inclusion of a pathway to licensure for all professions,
415 regulated and licensed by the respective departments, that
416 includes work experience only or work experience plus an
417 examination and submit a report to the Legislature on or before
418 January 1, 2026.
419 Section 4. Paragraph (uuu) of subsection (7) of section
420 212.08, Florida Statutes, is amended to read:
421 212.08 Sales, rental, use, consumption, distribution, and
422 storage tax; specified exemptions.—The sale at retail, the
423 rental, the use, the consumption, the distribution, and the
424 storage to be used or consumed in this state of the following
425 are hereby specifically exempt from the tax imposed by this
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426 chapter.
427 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
428 entity by this chapter do not inure to any transaction that is
429 otherwise taxable under this chapter when payment is made by a
430 representative or employee of the entity by any means,
431 including, but not limited to, cash, check, or credit card, even
432 when that representative or employee is subsequently reimbursed
433 by the entity. In addition, exemptions provided to any entity by
434 this subsection do not inure to any transaction that is
435 otherwise taxable under this chapter unless the entity has
436 obtained a sales tax exemption certificate from the department
437 or the entity obtains or provides other documentation as
438 required by the department. Eligible purchases or leases made
439 with such a certificate must be in strict compliance with this
440 subsection and departmental rules, and any person who makes an
441 exempt purchase with a certificate that is not in strict
442 compliance with this subsection and the rules is liable for and
443 shall pay the tax. The department may adopt rules to administer
444 this subsection.
445 (uuu) Small private investigative agencies.—
446 1. As used in this paragraph, the term:
447 a. "Private investigation services" has the same meaning
448 as "private investigation," as defined in s. 493.6101(14) s.
449 493.6101(17).
450 b. "Small private investigative agency" means a private
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451 investigator licensed under s. 493.6201 which:
452 (I) Employs three or fewer full-time or part-time
453 employees, including those performing services pursuant to an
454 employee leasing arrangement as defined in s. 468.520 s.
455 468.520(4), in total; and
456 (II) During the previous calendar year, performed private
457 investigation services otherwise taxable under this chapter in
458 which the charges for the services performed were less than
459 $150,000 for all its businesses related through common
460 ownership.
461 2. The sale of private investigation services by a small
462 private investigative agency to a client is exempt from the tax
463 imposed by this chapter.
464 3. The exemption provided by this paragraph may not apply
465 in the first calendar year a small private investigative agency
466 conducts sales of private investigation services taxable under
467 this chapter.
468 Section 5. Paragraph (f) of subsection (1) of section
469 215.5586, Florida Statutes, is amended to read:
470 215.5586 My Safe Florida Home Program.—There is
471 established within the Department of Financial Services the My
472 Safe Florida Home Program. The department shall provide fiscal
473 accountability, contract management, and strategic leadership
474 for the program, consistent with this section. This section does
475 not create an entitlement for property owners or obligate the
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476 state in any way to fund the inspection or retrofitting of
477 residential property in this state. Implementation of this
478 program is subject to annual legislative appropriations. It is
479 the intent of the Legislature that, subject to the availability
480 of funds, the My Safe Florida Home Program provide licensed
481 inspectors to perform hurricane mitigation inspections of
482 eligible homes and grants to fund hurricane mitigation projects
483 on those homes. The department shall implement the program in
484 such a manner that the total amount of funding requested by
485 accepted applications, whether for inspections, grants, or other
486 services or assistance, does not exceed the total amount of
487 available funds. If, after applications are processed and
488 approved, funds remain available, the department may accept
489 applications up to the available amount. The program shall
490 develop and implement a comprehensive and coordinated approach
491 for hurricane damage mitigation pursuant to the requirements
492 provided in this section.
493 (1) HURRICANE MITIGATION INSPECTIONS.—
494 (f) To qualify for selection by the department as a wind
495 certification entity to provide hurricane mitigation
496 inspections, the entity must, at a minimum, meet the following
497 requirements:
498 1. Use hurricane mitigation inspectors who are licensed or
499 certified as:
500 a. A building inspector under s. 468.607;
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501 b. A general, building, or residential contractor under s.
502 489.111;
503 c. A professional engineer under s. 471.015;
504 d. A professional architect under s. 481.213; or
505 e. A home inspector under s. 468.8314 and who have
506 completed at least 3 hours of hurricane mitigation training
507 approved by the department Construction Industry Licensing
508 Board, which training must include hurricane mitigation
509 techniques, compliance with the uniform mitigation verification
510 form, and completion of a proficiency exam.
511 2. Use hurricane mitigation inspectors who also have
512 undergone drug testing and a background screening. The
513 department may conduct criminal record checks of inspectors used
514 by wind certification entities. Inspectors must submit a set of
515 fingerprints to the department for state and national criminal
516 history checks and must pay the fingerprint processing fee set
517 forth in s. 624.501. The fingerprints must be sent by the
518 department to the Department of Law Enforcement and forwarded to
519 the Federal Bureau of Investigation for processing. The results
520 must be returned to the department for screening. The
521 fingerprints must be taken by a law enforcement agency,
522 designated examination center, or other department-approved
523 entity.
524 3. Provide a quality assurance program including a
525 reinspection component.
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526 Section 6. Paragraph (b) of subsection (3) of section
527 215.55871, Florida Statutes, is amended to read:
528 215.55871 My Safe Florida Condominium Pilot Program.—There
529 is established within the Department of Financial Services the
530 My Safe Florida Condominium Pilot Program to be implemented
531 pursuant to appropriations. The department shall provide fiscal
532 accountability, contract management, and strategic leadership
533 for the pilot program, consistent with this section. This
534 section does not create an entitlement for associations or unit
535 owners or obligate the state in any way to fund the inspection
536 or retrofitting of condominiums in the state. Implementation of
537 this pilot program is subject to annual legislative
538 appropriations. It is the intent of the Legislature that the My
539 Safe Florida Condominium Pilot Program provide licensed
540 inspectors to perform inspections for and grants to eligible
541 associations as funding allows.
542 (3) HURRICANE MITIGATION INSPECTORS.—
543 (b) The department shall contract with wind certification
544 entities to provide hurricane mitigation inspections. To qualify
545 for selection by the department as a wind certification entity
546 to provide hurricane mitigation inspections, the entity must, at
547 a minimum, meet all of the following requirements:
548 1. Use hurricane mitigation inspectors who are licensed or
549 certified as:
550 a. A building inspector under s. 468.607;
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551 b. A general, building, or residential contractor under s.
552 489.111;
553 c. A professional engineer under s. 471.015;
554 d. A professional architect under s. 481.213; or
555 e. A home inspector under s. 468.8314 who has completed at
556 least 3 hours of hurricane mitigation training approved by the
557 department Construction Industry Licensing Board, which must
558 include hurricane mitigation techniques, compliance with the
559 uniform mitigation verification form, and completion of a
560 proficiency exam.
561 2. Use hurricane mitigation inspectors who have undergone
562 drug testing and a background screening. The department may
563 conduct criminal record checks of inspectors used by wind
564 certification entities. Inspectors must submit a full set of
565 fingerprints to the department or to a vendor, an entity, or an
566 agency authorized under s. 943.053(13). The department, vendor,
567 entity, or agency shall forward the fingerprints to the
568 Department of Law Enforcement for state processing, and the
569 Department of Law Enforcement shall forward the fingerprints to
570 the Federal Bureau of Investigation for national processing.
571 Fees for state and federal fingerprint processing shall be borne
572 by the inspector. The state cost for fingerprint processing
573 shall be as provided in s. 943.053(3)(e). The results must be
574 returned to the department for screening. The fingerprints must
575 be taken by a law enforcement agency, designated examination
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576 center, or other department-approved entity.
577 3. Provide a quality assurance program including a
578 reinspection component.
579 Section 7. Subsection (1) of section 309.01, Florida
580 Statutes, is amended to read:
581 309.01 Deposit of material in tidewater regulated.—
582 (1) It is not lawful for any person to discharge or cause
583 to be discharged or deposit or cause to be deposited, in the
584 tide or salt waters of any bay, port, harbor, or river of this
585 state, any ballast or material of any kind other than clear
586 stone or rock, free from gravel or pebbles, which said clear
587 stone or rock shall be deposited or discharged only in the
588 construction of enclosures in connection with wharves, piers,
589 quays, jetties, or in the construction of permanent bulkheads
590 connecting the solid and permanent portion of wharves. It is
591 lawful to construct three characters of bulkheads for retention
592 of material in solid wharves. First, clear stone or rock
593 enclosures, or bulkheads, may be built upon all sides to a
594 height not less than 2 1/2 feet above high watermark; and after
595 the enclosures have been made so solid, tight, and permanent as
596 to prevent any sand, mud, gravel, or other material that may be
597 discharged or deposited in them from drifting or escaping
598 through such enclosures, any kind of ballast may be discharged
599 or deposited within the enclosures. The enclosures may be
600 constructed of wood, stone, and rock combined, the stone and
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601 rocks to be placed on the outside of the wood to a height not
602 less at any point than 2 1/2 feet above high watermark. Second,
603 a bulkhead may be built by a permanent wharf consisting of
604 thoroughly creosoted piles not less than 12 inches in diameter
605 at the butt end, to be driven close together and to be capped
606 with timber not less than 10 or 14 inches drift, bolted to each
607 pile, and one or more longitudinal stringers to be placed on the
608 outside of the bulkhead and securely anchored by means of iron
609 rods to piles driven within the bulkheads, clear rock to be on
610 the inside of the bulkhead, to a height of not less than 2 1/2
611 feet above high water; and after this is done, ballast or other
612 material may be deposited within the permanent enclosure so
613 constructed. Third, a bulkhead may be constructed to consist of
614 creosoted piles, as described herein, driven not exceeding 4
615 feet apart from center to center, inside of which two or more
616 longitudinal stringers may be placed and securely bolted to the
617 piles. Inside of these longitudinal pieces, two thicknesses of
618 creosoted sheet piling are to be driven, each course of the
619 sheet piling to make a joint with the other so as to form an
620 impenetrable wharf; and within this permanent bulkhead so
621 constructed, any ballast or other material may be deposited. No
622 such enclosure, pier, quay, or jetty may not begin shall be
623 begun until the point at which whereat it is to be built shall
624 have been connected by a substantial wharf with a shore or with
625 a permanent wharf; except that the owners of wharves may at any
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626 time, with the consent of the Board of Pilot Commissioners of
627 the Division of Professions of the Department of Business and
628 Professional Regulation, build wharves of clear stone or rock,
629 or creosoted walls as hereinafter provided, on each side of
630 their wharves from the shore to a point at which the water is
631 not more than 15 feet deep, and when such walls have attained a
632 height of 2 1/2 feet above high watermark and have been securely
633 closed at the deepwater end by stone or creosoted walls of the
634 same height, any kind of ballast may be deposited in them.
635 Nothing contained in this section shall interfere with any
636 rights or privileges now enjoyed by riparian owners. While this
637 section empowers those who desire to construct the several
638 characters of wharves, piers, quays, jetties, and bulkheads
639 provided for and described herein, nothing in this section shall
640 be so construed as to require any person not desiring to
641 construct a permanent wharf by filling up with ballast, stone,
642 or other material to construct under the specifications
643 contained herein; and nothing in this chapter shall be so
644 construed as to prevent any person from constructing any wharf
645 or placing any pilings, logs, or lumber in any waters where the
646 person would have heretofore had the right so to do.
647 Section 8. Subsection (3) of section 310.0015, Florida
648 Statutes, is amended to read:
649 310.0015 Piloting regulation; general provisions.—
650 (3) The rate-setting process, the issuance of licenses
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651 only in numbers deemed necessary or prudent by the department
652 board, and other aspects of the economic regulation of piloting
653 established in this chapter are intended to protect the public
654 from the adverse effects of unrestricted competition which would
655 result from an unlimited number of licensed pilots being allowed
656 to market their services on the basis of lower prices rather
657 than safety concerns. This system of regulation benefits and
658 protects the public interest by maximizing safety, avoiding
659 uneconomic duplication of capital expenses and facilities, and
660 enhancing state regulatory oversight. The system seeks to
661 provide pilots with reasonable revenues, taking into
662 consideration the normal uncertainties of vessel traffic and
663 port usage, sufficient to maintain reliable, stable piloting
664 operations. Pilots have certain restrictions and obligations
665 under this system, including, but not limited to, the following:
666 (a) Pilots may not refuse to provide piloting services to
667 any person or entity that may lawfully request such services,
668 except for justifiable concerns relating to safety, or, in the
669 case of a vessel planning a departure, for nonpayment of
670 pilotage.
671 (b) Pilots may not unilaterally determine the pilotage
672 rates they charge. Such pilotage rates shall instead be
673 determined by the Pilotage Rate Review Committee, in the public
674 interest, as set forth in s. 310.151.
675 (c) Pilots shall maintain or secure adequate pilot boats,
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676 office facilities and equipment, dispatch systems, communication
677 equipment and other facilities, and equipment and support
678 services necessary for a modern, dependable piloting operation.
679 (d) The pilot or pilots in a port shall train and
680 compensate all member deputy pilots in that port. Failure to
681 train or compensate such deputy pilots constitutes a ground for
682 disciplinary action under s. 310.101. Nothing in this subsection
683 may be deemed to create an agency or employment relationship
684 between a pilot or deputy pilot and the pilot or pilots in a
685 port.
686 (e) In any instance of a payment or transfer of funds, a
687 request for the payment or transfer of funds, or a contractual
688 obligation assumed in respect to the payment or transfer of
689 funds from a licensee payor to a pilot or group of pilots, or to
690 any legal entity or fund administered or controlled by or under
691 common control with such pilot or group of pilots, the pilot or
692 group of pilots shall provide to the licensee payor, at the time
693 the payment or transfer or request for the payment or transfer
694 is made or the obligation is assumed in respect to the payment
695 or transfer, a detailed accounting of the specific assets,
696 tangible or intangible, in which an interest is being directly
697 or indirectly purchased or for which the licensee payor is being
698 granted an interest in return for such payment or transfer of
699 funds or such contractual obligation. This paragraph does not
700 apply to either payments or transfers of funds if their
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701 aggregate amounts are less than $1,000. As used in this
702 paragraph, "licensee payor" means any current or prospective
703 state pilot or deputy pilot.
704 Section 9. Subsection (3) of section 310.002, Florida
705 Statutes, is amended to read:
706 310.002 Definitions.—As used in this chapter, except where
707 the context clearly indicates otherwise:
708 (3) "Board" means the Board of Pilot Commissioners.
709 Section 10. Section 310.051, Florida Statutes, is amended
710 to read:
711 310.051 Personnel; employment.—
712 (1) The department may appoint or employ such personnel as
713 may be necessary to assist the department and the department
714 board in doing and performing any and all of the powers, duties,
715 and obligations set forth in this chapter. Such personnel need
716 not be licensed state pilots or members of the department board.
717 Such personnel shall be authorized to do and perform such duties
718 and work as may be assigned by the department. Except as
719 otherwise provided in this chapter, the department shall provide
720 all legal services necessary in carrying out the provisions of
721 this chapter.
722 (2) The department shall hire a person knowledgeable and
723 experienced in matters related to piloting. Such person shall
724 act for the department on matters of examination and
725 investigation and, when he or she deems it necessary, in the
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726 selection of legal counsel qualified in admiralty law. On an
727 annual basis, the board shall recommend to the department a
728 person knowledgeable and experienced in matters related to
729 piloting to fill this post, and the department may accept or
730 reject the recommendation. If the department rejects the board's
731 recommendation, the board shall continue to submit
732 recommendations until one is accepted by the department. Unless
733 there is affirmative action by both the board and the
734 department, at the end of each year, the position shall be
735 declared vacant and the board shall submit a new recommendation
736 for a person to fill such position.
737 Section 11. Section 310.061, Florida Statutes, is amended
738 to read:
739 310.061 State pilots; number; cross licensing.—The
740 department board shall determine the number of pilots based on
741 the supply and demand for piloting services and the public
742 interest in maintaining efficient and safe piloting services.
743 Based on the economic conditions of the port, the department
744 board may adopt rules authorizing cross licensing between ports,
745 if this will best serve the public interest.
746 Section 12. Paragraphs (b), (c), and (d) of subsection (1)
747 and subsections (2) and (3) of section 310.071, Florida
748 Statutes, are amended to read:
749 310.071 Deputy pilot certification.—
750 (1) In addition to meeting other requirements specified in
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751 this chapter, each applicant for certification as a deputy pilot
752 must:
753 (b) Have successfully completed 12 years of formal
754 education, as evidenced by a high school diploma or by
755 equivalent evidence thereof that is satisfactory to the
756 department board.
757 (c) Be in good physical and mental health, as evidenced by
758 documentary proof of having satisfactorily passed a complete
759 physical examination administered by a licensed physician within
760 the preceding 6 months. The department board shall adopt rules
761 to establish requirements for passing the physical examination,
762 which rules shall establish minimum standards for the physical
763 or mental capabilities necessary to carry out the professional
764 duties of a certificated deputy pilot. Such standards shall
765 include zero tolerance for any controlled substance regulated
766 under chapter 893 unless that individual is under the care of a
767 physician, an advanced practice registered nurse, or a physician
768 assistant and that controlled substance was prescribed by that
769 physician, advanced practice registered nurse, or physician
770 assistant. To maintain eligibility as a certificated deputy
771 pilot, each certificated deputy pilot must annually provide
772 documentary proof of having satisfactorily passed a complete
773 physical examination administered by a licensed physician. The
774 physician must know the minimum standards and certify that the
775 certificateholder satisfactorily meets the standards. The
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776 standards for certificateholders shall include a drug test.
777 (d) Have had maritime experience satisfactory to the
778 department board prior to taking the examination required under
779 s. 310.081(2), as evidenced by documentation of the following
780 service while holding a United States Coast Guard license:
781 1. At least 2 years of service at sea during the 5-year
782 period immediately preceding the examination, 1 year of which
783 must have been in at least the capacity of an unlimited second
784 mate;
785 2. At least 2 years of service during the 5-year period
786 immediately preceding the examination in a deepwater United
787 States port as an active first-class unlimited pilot serving on
788 at least an unlimited second mate's license or a license as
789 master of freight and towing vessel of at least 1,600 gross
790 registered tons upon oceans, and acting under authority of a
791 duly constituted governmental regulatory entity;
792 3. At least 2 years of service during the 5-year period
793 immediately preceding the examination as an active first-class
794 unlimited pilot serving on a Great Lakes unlimited master's
795 license;
796 4. At least 2 years of towing experience during the 5-year
797 period immediately preceding the examination, 1 year of which
798 must have been in the capacity of master of a tugboat/barge
799 combination of at least 5,000 gross registered tons, combined
800 tonnage, while holding a license as master of freight and towing
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801 vessel of at least 1,600 gross registered tons upon oceans; or
802 5. At least 3 years of experience as a deck watch officer
803 during the 10-year period immediately preceding the examination,
804 1 year of which in the 5-year period immediately preceding the
805 exam must have been as the commanding officer, executive
806 officer, or operations officer of a United States Navy vessel or
807 a United States Coast Guard vessel of at least 1,600 gross tons,
808 and must currently hold a United States Coast Guard license of
809 at least an unlimited second mate.
810 (2) The department board may adopt rules authorizing
811 equivalent combinations of service from two or more of the areas
812 specified in subparagraphs (1)(d)1., 2., 3., 4., and 5. However,
813 the department board may waive the maritime experience
814 requirements prescribed in paragraph (1)(d) when necessary to
815 fill an opening, provided an applicant meeting such requirements
816 has not applied for the opening and the opening has been
817 advertised more than once.
818 (3) The initial certificate issued to a deputy pilot shall
819 be valid for a period of 12 months, and at the end of this
820 period, the certificate shall automatically expire and may shall
821 not be renewed. During this period, the department board shall
822 thoroughly evaluate the deputy pilot's performance for
823 suitability to continue training and shall make appropriate
824 recommendations to the department. Upon the finding receipt of a
825 favorable evaluation recommendation by the board, the department
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826 shall issue a certificate to the deputy pilot, which shall be
827 valid for a period of 2 years. The certificate may be renewed
828 only two times, except in the case of a fully licensed pilot who
829 is cross-licensed as a deputy pilot in another port, and
830 provided the deputy pilot meets the requirements specified for
831 pilots in paragraph (1)(c).
832 Section 13. Section 310.073, Florida Statutes, is amended
833 to read:
834 310.073 State pilot licensing.—In addition to meeting
835 other requirements specified in this chapter, each applicant for
836 license as a state pilot must:
837 (1) Be at least 21 years of age, as evidenced by a copy of
838 a birth certificate or other legal proof of age.
839 (2) Have successfully completed 12 years of formal
840 education, as evidenced by a high school diploma or by
841 equivalent evidence thereof that is satisfactory to the
842 department board.
843 (3) Be in good physical and mental health, as evidenced by
844 documentary proof of having satisfactorily passed a complete
845 physical examination administered by a licensed physician within
846 the preceding 6 months. The department board shall adopt rules
847 to establish requirements for passing the physical examination,
848 which rules shall establish minimum standards for the physical
849 or mental capabilities necessary to carry out the professional
850 duties of a licensed state pilot. Such standards shall include
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851 zero tolerance for any controlled substance regulated under
852 chapter 893 unless that individual is under the care of a
853 physician, an advanced practice registered nurse, or a physician
854 assistant and that controlled substance was prescribed by that
855 physician, advanced practice registered nurse, or physician
856 assistant. To maintain eligibility as a licensed state pilot,
857 each licensed state pilot must annually provide documentary
858 proof of having satisfactorily passed a complete physical
859 examination administered by a licensed physician. The physician
860 must know the minimum standards and certify that the licensee
861 satisfactorily meets the standards. The standards for licensees
862 shall include a drug test.
863 (4) Have had at least 2 years of service as a deputy pilot
864 in the port in which license as a licensed state pilot is
865 desired, which service must have been attained during the period
866 immediately preceding the examination required under s.
867 310.081(1). Further, at the time of application, each applicant
868 must have a valid United States Coast Guard first-class
869 unlimited pilot's license covering all of the waters of the port
870 in which license as a state pilot is desired and must have
871 successfully completed the department-approved board-approved
872 deputy pilot training program in the port in which license as a
873 state pilot is desired.
874 Section 14. Section 310.075, Florida Statutes, is amended
875 to read:
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876 310.075 Deputy pilot training program.—The licensed state
877 pilots in each port shall submit to the department board for its
878 approval a deputy pilot training program of not less than 2
879 years' duration, applicable to all deputy pilots appointed to
880 serve at such port. The following requirements constitute the
881 parameters within which deputy pilot training programs are to be
882 established and carried out by the licensed state pilots at all
883 ports in this state:
884 (1) Upon receiving his or her appointment, a deputy pilot
885 must report to the licensed state pilots at the port he or she
886 is appointed to serve and must serve a period of not less than
887 90 days as an observer trainee. During such period:
888 (a) The observer trainee must accompany licensed state
889 pilots, becoming thoroughly familiar with all of the waters, the
890 channels, the harbor, and the port under varied conditions.
891 (b) The observer trainee must obtain a valid United States
892 Coast Guard first-class unlimited pilot's license covering all
893 of the waters of the port before the department board may
894 authorize him or her to pilot vessels within the limits and
895 specifications established by the licensed state pilots of the
896 port.
897 (2) Upon completion of the observer-trainee period, the
898 deputy pilot must submit to the department board a deputy pilot
899 vessel handling form for each vessel upon which he or she has
900 accompanied a licensed state pilot. Each such form must be
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901 signed by the pilot in charge who accompanied the deputy pilot
902 and must accurately recite:
903 (a) The vessel's registry, length, gross tonnage, and
904 draft;
905 (b) The name of the berth from which or to which the
906 vessel was piloted;
907 (c) The weather and sea conditions encountered;
908 (d) The time of day;
909 (e) Any marine incidents required to be reported under s.
910 310.111; and
911 (f) The comments of the pilot in charge, including
912 whether, under his or her supervision, the pilot in charge
913 turned the navigation of the vessel over to the deputy pilot.
914 (3) Each request to increase the limits and specifications
915 under which a deputy pilot is authorized to pilot must be
916 submitted to the department board and must be accompanied by a
917 deputy pilot vessel handling form as provided in subsection (2)
918 for each vessel the deputy pilot has piloted since his or her
919 limits and specifications were last increased by the department
920 board.
921 (4) For successful completion of the deputy pilot training
922 program, a deputy pilot must have gradually been increased in
923 his or her authorized limits and specifications until the deputy
924 pilot has been authorized by the department board to pilot
925 vessels with a maximum draft of not more than 3 feet less than
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926 the normal maximum draft allowable in the port in which the
927 deputy pilot is authorized to pilot, as proposed by the licensed
928 state pilots in that port and approved by the department board.
929 Section 15. Section 310.081, Florida Statutes, is amended
930 to read:
931 310.081 Department to examine and license state pilots and
932 certificate deputy pilots; vacancies.—
933 (1) The department shall examine persons who file
934 application as state pilot in all matters pertaining to the
935 management of vessels and in regard to their knowledge of the
936 channels, waters, harbors, and port where they wish to serve,
937 and, if upon examination to determine proficiency the department
938 finds them qualified to pilot all classes of vessels liable to
939 enter that port and thoroughly familiar with the waters, the
940 channels, the harbor, and the port, the department shall appoint
941 and license as state pilots such number of pilots as in the
942 discretion of the department board are required to act in the
943 ports of the state. However, the number of pilots appointed and
944 licensed by the department may shall not exceed the number
945 provided for in s. 310.061.
946 (2) The department shall similarly examine persons who
947 file applications for certificate as deputy pilot, and, if upon
948 examination to determine proficiency the department finds them
949 qualified, the department must certify as qualified all
950 applicants who pass the examination, provided that not more than
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951 five persons who passed the examination are certified for each
952 declared opening. If more than five applicants per opening pass
953 the examination, the persons having the highest scores must be
954 certified as qualified up to the number of openings times five.
955 The department shall appoint and certificate such number of
956 deputy pilots from those applicants deemed qualified as in the
957 discretion of the department board are required in the
958 respective ports of the state. A deputy pilot shall be
959 authorized by the department to pilot vessels within the limits
960 and specifications established by the licensed state pilots at
961 the port where the deputy is appointed to serve.
962 (3) Pilots shall hold their licenses or certificates
963 pursuant to the requirements of this chapter so long as they:
964 (a) Possess the qualifications set out in this chapter.
965 (b) Are in good physical and mental health as evidenced by
966 documentary proof of having satisfactorily passed a physical
967 examination administered by a licensed physician or physician
968 assistant within each calendar year. The department board shall
969 adopt rules to establish requirements for passing the physical
970 examination, which rules shall establish minimum standards for
971 the physical or mental capabilities necessary to carry out the
972 professional duties of a licensed state pilot or a certificated
973 deputy pilot. Such standards shall include zero tolerance for
974 any controlled substance regulated under chapter 893 unless that
975 individual is under the care of a physician, an advanced
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976 practice registered nurse, or a physician assistant and that
977 controlled substance was prescribed by that physician, advanced
978 practice registered nurse, or physician assistant. To maintain
979 eligibility as a certificated deputy pilot or licensed state
980 pilot, each certificated deputy pilot or licensed state pilot
981 must annually provide documentary proof of having satisfactorily
982 passed a complete physical examination administered by a
983 licensed physician. The physician must know the minimum
984 standards and certify that the certificateholder or licensee
985 satisfactorily meets the standards. The standards for
986 certificateholders and for licensees shall include a drug test.
987 (c) Are subject to a substance abuse program that has been
988 approved by the department board, which includes provisions for
989 drug testing.
990 (d) Attend a board-approved seminar for continuing
991 education which includes radar certification.
992 (d)(e) Remain in active service in the ports for which
993 they are appointed.
994
995 Upon resignation or in the case of disability permanently
996 affecting a pilot's ability to serve, the state license or
997 certificate issued under this chapter shall be revoked by the
998 department.
999 Section 16. Paragraphs (d), (g), and (h) of subsection (1)
1000 and subsections (2), (3), and (4) of section 310.101, Florida
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1001 Statutes, are amended to read:
1002 310.101 Grounds for disciplinary action by the department
1003 board.—
1004 (1) Any act of misconduct, inattention to duty,
1005 negligence, or incompetence; any willful violation of any law or
1006 rule, including the rules of the road, applicable to a licensed
1007 state pilot or certificated deputy pilot; or any failure to
1008 exercise that care which a reasonable and prudent licensed state
1009 pilot or certificated deputy pilot would exercise under the same
1010 or similar circumstances may result in disciplinary action.
1011 Examples of acts by a licensed state pilot or certificated
1012 deputy pilot which constitute grounds for disciplinary action
1013 include, but are not limited to:
1014 (d) Navigating in channels where the depth of water under
1015 the keel is less than the prescribed bottom clearance as
1016 recommended by the licensed state pilots of that port and
1017 approved by the department board.
1018 (g) Making or filing, or inducing another person to make
1019 or file, a report which the pilot knows to be false or
1020 intentionally or negligently failing to file, or willfully
1021 impeding or obstructing the filing of, a report or record
1022 required by state law or by rule of the board or the department.
1023 Such reports or records include only those which are signed by
1024 the pilot in his or her capacity as a licensed state pilot or
1025 certificated deputy pilot.
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1026 (h) Being unable to perform the duties of a pilot with
1027 reasonable skill and safety by reason of illness or use of
1028 alcohol, drugs, narcotics, chemicals, or any other type of
1029 material or as a result of any mental or physical condition such
1030 as, but not limited to, poor eyesight or hearing, heart disease,
1031 or diabetes. In enforcing this paragraph, the department shall
1032 have authority, upon recommendation of the probable cause panel
1033 of the department board, to compel a licensed state pilot or
1034 certificated deputy pilot to submit to a mental or physical
1035 examination by physicians designated by the department. The
1036 failure of a pilot to submit to such an examination when so
1037 directed constitutes an admission of the allegations against the
1038 pilot, unless the failure is due to circumstances beyond his or
1039 her control, consequent upon which an emergency suspension order
1040 may be entered by the department suspending the pilot's license
1041 until he or she complies with the order for a compulsory mental
1042 or physical examination. A licensed state pilot or certificated
1043 deputy pilot affected under this paragraph must be afforded, at
1044 reasonable intervals, an opportunity to demonstrate that he or
1045 she can resume the competent practice of piloting with
1046 reasonable skill and safety.
1047 (2) When the department board finds any person has
1048 committed any act set forth in subsection (1), it may enter an
1049 order imposing one or more of the following penalties:
1050 (a) Refusing to certify to the department an application
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1051 for license or certification.
1052 (b) Revoking or suspending the license or certificate.
1053 (c) Restricting the practice of the violator.
1054 (d) Imposing an administrative fine not to exceed $5,000
1055 for each count or separate offense.
1056 (e) Issuing a reprimand.
1057 (f) Placing the licensed state pilot or certificated
1058 deputy pilot on probation for such period of time and subject to
1059 such conditions as the department board may specify, including,
1060 but not limited to, requiring the pilot to submit to treatment,
1061 submit to additional or remedial training, submit to
1062 reexamination, or undergo a complete physical examination.
1063 (3) The department board shall not reinstate the license
1064 or certificate of a state pilot or deputy pilot or cause a
1065 license or certificate to be issued to a person whom it has
1066 determined to be unqualified until the department board is
1067 satisfied that such person has complied with all the terms and
1068 conditions set forth in the final order and that such person is
1069 capable of safely engaging in the practice of piloting.
1070 (4) In any foreign vessel or foreign trading vessel
1071 movement that an individual holding a state pilot license or
1072 deputy pilot certificate is engaged in directing, whether
1073 movement of the vessel in or out of the port or movement in
1074 close proximity to a dock or any other movement undertaken in
1075 furtherance of his or her piloting duties, such individual is
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1076 operating under the authority of his or her state license or
1077 certificate and is accountable to the department board for his
1078 or her actions.
1079 Section 17. Subsections (4) and (6) of section 310.102,
1080 Florida Statutes, are amended to read:
1081 310.102 Treatment programs for impaired pilots and deputy
1082 pilots.—
1083 (4) In any disciplinary action for a violation other than
1084 impairment, if a pilot or deputy pilot establishes that the
1085 violation for which the pilot or deputy pilot is being
1086 prosecuted was due to or connected with impairment and further
1087 establishes that the pilot or deputy pilot is satisfactorily
1088 progressing through or has successfully completed an approved
1089 treatment program pursuant to this section, such information may
1090 be considered by the department board as a mitigating factor in
1091 determining the appropriate penalty. This subsection does not
1092 limit mitigating factors the department board may consider.
1093 (6) A consultant, licensee, or approved treatment provider
1094 who makes a disclosure pursuant to this section is not subject
1095 to civil liability for such disclosure or its consequences. The
1096 provisions of s. 766.101 apply to any officer, employee, or
1097 agent of the department or the department board and to any
1098 officer, employee, or agent of any entity with which the
1099 department has contracted pursuant to this section.
1100 Section 18. Section 310.111, Florida Statutes, is amended
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1101 to read:
1102 310.111 Marine incident reports.—Each collision,
1103 grounding, stranding, or other marine peril sustained or caused
1104 by a vessel on which there was employed a licensed state pilot
1105 or certificated deputy pilot shall be reported to the office of
1106 the department board or the piloting consultant within 48 hours
1107 of the occurrence. In addition, a written report shall be
1108 submitted to the department on forms and in the manner
1109 prescribed by the department within 7 days of the occurrence.
1110 However, any marine incident involving oil spillage, pollution,
1111 physical injury, or death shall be reported to the department
1112 board or the piloting consultant by telephone or telegram within
1113 24 hours of the occurrence in addition to submission of the
1114 required written report.
1115 Section 19. Subsection (1) of section 310.1115, Florida
1116 Statutes, is amended to read:
1117 310.1115 Bridge electronic navigation protection
1118 equipment; duty of pilot.—
1119 (1) When a piloted vessel passes under a bridge located in
1120 a harbor, in the approaches to a harbor, or in a river, and when
1121 electronic navigation protection equipment is available, it is
1122 the duty of the pilot or certificated deputy pilot on department
1123 board to use the electronic navigation protection equipment. If
1124 the electronic navigation protection equipment can be utilized
1125 only in conjunction with a portable device or devices located on
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1126 department board the piloted vessel, it is the responsibility of
1127 the pilot to bring such device or devices on department board
1128 the piloted vessel and to remove such device or devices upon
1129 completion of the pilot's duties aboard the piloted vessel.
1130 Section 20. Section 310.121, Florida Statutes, is amended
1131 to read:
1132 310.121 Application, examination, and biennial fees.—
1133 (1) The department shall, in accordance with rules set by
1134 the department board, assess and collect the following fees:
1135 (a) A fee not to exceed $300 for each application for
1136 licensure as a state pilot or certification as a deputy pilot.
1137 This fee shall be nonrefundable.
1138 (b) A fee not to exceed $300 for each examination for
1139 licensure as a state pilot or certification as a deputy pilot.
1140 (c) A fee not to exceed $300 for each examination review.
1141 (2) The department shall assess and collect biennially
1142 from each licensed state pilot and each certificated deputy
1143 pilot a fee, not to exceed $200 in the case of a licensed state
1144 pilot or $100 in the case of a certificated deputy pilot, such
1145 fees to be set by the department board.
1146 Section 21. Section 310.131, Florida Statutes, is amended
1147 to read:
1148 310.131 Assessment of percentage of gross pilotage.—The
1149 department shall assess the licensed state pilots in the
1150 respective ports of the state a percentage of the gross amount
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1151 of pilotage earned by such pilots during each year, which
1152 percentage will be established by the department board not to
1153 exceed 2 percent, to be paid into the Professional Regulation
1154 Trust Fund by such pilots at such time and in such manner as the
1155 department board prescribes or as is set forth in the General
1156 Appropriations Act. The financial records of all pilots and
1157 deputy pilots relating to pilotage are subject to audit by the
1158 department and the Auditor General. The department shall by rule
1159 set a procedure for verifying the amount of pilotage at each
1160 port and may charge costs to the appropriate port if the port
1161 does not comply with such procedure.
1162 Section 22. Section 310.142, Florida Statutes, is amended
1163 to read:
1164 310.142 Pilotage at St. Marys Entrance.—The department may
1165 exercise board is authorized to enter into an agreement with the
1166 Board of Pilotage Commissioners for the corporate authority of
1167 St. Marys, Georgia, for reciprocal pilotage of vessels in the
1168 boundary waters and tributaries of St. Marys Entrance.
1169 Section 23. Subsections (1) and (7) of section 310.151,
1170 Florida Statutes, are amended to read:
1171 310.151 Rates of pilotage; Pilotage Rate Review
1172 Committee.—
1173 (1)(a) As used in this section, the term:
1174 1. "Committee" means the Pilotage Rate Review Committee
1175 established under this section as part of the Board of Pilot
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1176 Commissioners.
1177 2. "Department" means the Department of Business and
1178 Professional Regulation.
1179 2. "Board" means the Board of Pilot Commissioners.
1180 (b) To carry out the provisions of this section, the
1181 Pilotage Rate Review Committee is established as part of the
1182 Board of Pilot Commissioners within the department of Business
1183 and Professional Regulation. The committee shall consist of the
1184 following seven members of the board: two board members who are
1185 licensed state pilots actively practicing their profession, who
1186 shall be appointed by majority vote of the licensed state pilots
1187 serving on the board; two board members who are actively
1188 involved in a professional or business capacity in the maritime
1189 industry, marine shipping industry, or commercial passenger
1190 cruise industry; one board member who is a certified public
1191 accountant with at least 5 years of experience in financial
1192 management; and two board members who are citizens of the state.
1193 (c) Committee members shall comply with the disclosure
1194 requirements of s. 112.3143(4) if participating in any matter
1195 that would result in special private gain or loss as described
1196 in that subsection.
1197 (d) The committee may has authority to adopt rules
1198 pursuant to ss. 120.536(1) and 120.54 to implement provisions of
1199 this section conferring duties upon it. The department shall
1200 provide the staff required by the committee to carry out its
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1201 duties under this section.
1202 (e) All funds received pursuant to this section shall be
1203 placed in the account of the department Board of Pilot
1204 Commissioners, and the department Board of Pilot Commissioners
1205 shall pay for all expenses incurred pursuant to this section.
1206 (7) The decisions of the committee regarding rates are not
1207 appealable to the department board.
1208 Section 24. Section 310.183, Florida Statutes, is amended
1209 to read:
1210 310.183 Immediate inactivation of license or certificate
1211 for certain violations.—The department shall issue an emergency
1212 order placing on inactive status, for a period not to exceed 15
1213 days, the license of any pilot or certificate of any deputy
1214 pilot who, while providing piloting services, is involved in a
1215 marine incident that results in the death of a human or, as
1216 determined by rule of the board, substantial physical injury to
1217 a human or significant property or environmental damage, unless
1218 the department determines that the incident is clearly not the
1219 result of the actions of the pilot or deputy pilot.
1220 Section 25. Subsection (1) of section 310.185, Florida
1221 Statutes, is amended to read:
1222 310.185 Rulemaking.—
1223 (1) The department board has authority to adopt rules
1224 pursuant to ss. 120.536(1) and 120.54 to implement the
1225 provisions of this chapter.
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1226 Section 26. Subsection (3) of section 319.28, Florida
1227 Statutes, is amended to read:
1228 319.28 Transfer of ownership by operation of law.—
1229 (3) A dealer of industrial equipment who conducts a
1230 repossession, as defined in s. 493.6101(19) s. 493.6101(22), of
1231 such equipment is not subject to licensure as a recovery agent
1232 or recovery agency if the dealer is regularly engaged in the
1233 sale of the equipment for a particular manufacturer, the lender
1234 is affiliated with that manufacturer, and the dealer uses his or
1235 her own employees to make such repossessions.
1236 Section 27. Subsections (2) of section 326.002, Florida
1237 Statutes, is amended to read:
1238 326.002 Definitions.—As used in ss. 326.001-326.006, the
1239 term:
1240 (2) "Division" means the Division of Professions Florida
1241 Condominiums, Timeshares, and Mobile Homes of the Department of
1242 Business and Professional Regulation.
1243 Section 28. Subsection (3) of section 326.006, Florida
1244 Statutes, is amended to read:
1245 326.006 Powers and duties of division.—
1246 (3) All fees must be deposited in the Professional
1247 Regulation Division of Florida Condominiums, Timeshares, and
1248 Mobile Homes Trust Fund as provided by law.
1249 Section 29. Paragraph (a) of subsection (3) of section
1250 376.303, Florida Statutes, is amended to read:
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1251 376.303 Powers and duties of the Department of
1252 Environmental Protection.—
1253 (3)(a) The department may inspect the installation of any
1254 pollutant storage tank. Any person installing a pollutant
1255 storage tank, as defined in s. 489.105(16) s. 489.105(17), shall
1256 certify that such installation is in accordance with the
1257 standards adopted pursuant to this section. The department shall
1258 promulgate a form for such certification which shall at a
1259 minimum include:
1260 1. A signed statement by the certified pollutant storage
1261 systems contractor, as defined in s. 489.105(2)(p) s.
1262 489.105(3)(p), that such installation is in accordance with
1263 standards adopted pursuant to this section; and
1264 2. Signed statements by the onsite persons performing or
1265 supervising the installation of a pollutant storage tank, which
1266 statements shall be required of tasks that are necessary for the
1267 proper installation of such tank.
1268 Section 30. Paragraph (n) of subsection (3) of section
1269 381.0065, Florida Statutes, is amended to read:
1270 381.0065 Onsite sewage treatment and disposal systems;
1271 regulation.—
1272 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
1273 PROTECTION.—The department shall:
1274 (n) Regulate and permit maintenance entities for
1275 performance-based treatment systems and aerobic treatment unit
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1276 systems. To ensure systems are maintained and operated according
1277 to manufacturer's specifications and designs, the department
1278 shall establish by rule minimum qualifying criteria for
1279 maintenance entities. The criteria shall include training,
1280 access to approved spare parts and components, access to
1281 manufacturer's maintenance and operation manuals, and service
1282 response time. The maintenance entity shall employ a contractor
1283 licensed under s. 489.105(2)(m) s. 489.105(3)(m), or part III of
1284 chapter 489, or a state-licensed wastewater plant operator, who
1285 is responsible for maintenance and repair of all systems under
1286 contract.
1287 Section 31. Section 403.868, Florida Statutes, is amended
1288 to read:
1289 403.868 Requirements by a utility.—A utility may have more
1290 stringent requirements than set by law, including certification
1291 requirements for water distribution systems and domestic
1292 wastewater collection systems operations, except that a utility
1293 may not require a licensed contractor, as defined in s.
1294 489.105(2) s. 489.105(3) to have any additional license for work
1295 in water distribution systems or domestic wastewater collection
1296 systems.
1297 Section 32. Paragraph (e) of subsection (1) of section
1298 403.9329, Florida Statutes, is amended to read:
1299 403.9329 Professional mangrove trimmers.—
1300 (1) For purposes of ss. 403.9321-403.9333, the following
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1301 persons are considered professional mangrove trimmers:
1302 (e) Persons licensed under part II of chapter 481. The
1303 department Board of Landscape Architecture shall establish
1304 appropriate standards and continuing legal education
1305 requirements to assure the competence of licensees to conduct
1306 the activities authorized under ss. 403.9321-403.9333. Trimming
1307 by landscape architects as professional mangrove trimmers is not
1308 allowed until the establishment of standards by the department
1309 board. The department board shall also establish penalties for
1310 violating ss. 403.9321-403.9333. Only those landscape architects
1311 who are certified in the state may qualify as professional
1312 mangrove trimmers under ss. 403.9321-403.9333, notwithstanding
1313 any reciprocity agreements that may exist between this state and
1314 other states;
1315 Section 33. Paragraph (a) of subsection (19) of section
1316 440.02, Florida Statutes, is amended to read:
1317 440.02 Definitions.—When used in this chapter, unless the
1318 context clearly requires otherwise, the following terms shall
1319 have the following meanings:
1320 (19)(a) "Employer" means the state and all political
1321 subdivisions thereof, all public and quasi-public corporations
1322 therein, every person carrying on any employment, and the legal
1323 representative of a deceased person or the receiver or trustees
1324 of any person. The term also includes employee leasing
1325 companies, as defined in s. 468.520(4) s. 468.520(5), and
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1326 employment agencies that provide their own employees to other
1327 persons. If the employer is a corporation, parties in actual
1328 control of the corporation, including, but not limited to, the
1329 president, officers who exercise broad corporate powers,
1330 directors, and all shareholders who directly or indirectly own a
1331 controlling interest in the corporation, are considered the
1332 employer for the purposes of ss. 440.105, 440.106, and 440.107.
1333 Section 34. Section 448.26, Florida Statutes, is amended
1334 to read:
1335 448.26 Application.—Nothing in this part shall exempt any
1336 client of any labor pool or temporary help arrangement entity as
1337 defined in s. 468.520(3)(a) s. 468.520(4)(a) or any assigned
1338 employee from any other license requirements of state, local, or
1339 federal law. Any employee assigned to a client who is licensed,
1340 registered, or certified pursuant to law shall be deemed an
1341 employee of the client for such licensure purposes but shall
1342 remain an employee of the labor pool or temporary help
1343 arrangement entity for purposes of chapters 440 and 443.
1344 Section 35. Subsection (4) of section 468.382, Florida
1345 Statutes, is amended to read:
1346 468.382 Definitions.—As used in this act, the term:
1347 (4) "Board" means the Florida Board of Auctioneers.
1348 Section 36. Subsections (1), (4), (5), (6) and (7) of
1349 section 468.385, Florida Statutes, are amended, and subsection
1350 (3) of that section is republished, to read:
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1351 468.385 Licenses required; qualifications; examination.—
1352 (1) The department shall license any applicant who the
1353 board certifies is certified and qualified to practice
1354 auctioneering.
1355 (3) A No person may not shall be licensed as an auctioneer
1356 or apprentice if he or she:
1357 (a) Is under 18 years of age; or
1358 (b) Has committed any act or offense in this state or any
1359 other jurisdiction which would constitute a basis for
1360 disciplinary action under s. 468.389.
1361 (4) Any person seeking a license as an auctioneer must
1362 pass a written examination approved by the department board
1363 which tests his or her general knowledge of the laws of this
1364 state relating to provisions of the Uniform Commercial Code that
1365 are relevant to auctions, the laws of agency, and the provisions
1366 of this act.
1367 (5) Each apprentice application and license shall name a
1368 licensed auctioneer who has agreed to serve as the supervisor of
1369 the apprentice. An No apprentice may not conduct, or contract to
1370 conduct, an auction without the express approval of his or her
1371 supervisor. The supervisor shall regularly review the
1372 apprentice's records, which are required by the department board
1373 to be maintained, to determine whether if such records are
1374 accurate and current.
1375 (6) A No person may not shall be licensed as an auctioneer
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1376 unless he or she:
1377 (a) Has held an apprentice license and has served as an
1378 apprentice for 1 year or more, or has completed a course of
1379 study, consisting of not less than 80 classroom hours of
1380 instruction, that meets standards adopted by the department
1381 board;
1382 (b) Has passed the required examination; and
1383 (c) Is approved by the department board.
1384 (7)(a) Any auction that is subject to the provisions of
1385 this part must be conducted by an auctioneer who has an active
1386 license or an apprentice who has an active apprentice auctioneer
1387 license and who has received prior written sponsor consent.
1388 (b) A No business may not shall auction or offer to
1389 auction any property in this state unless it is licensed as an
1390 auction business by the department board or is exempt from
1391 licensure under this act. An Each application for licensure must
1392 shall include the names of the owner and the business, the
1393 business mailing address and location, and any other information
1394 which the department board may require. The owner of an auction
1395 business shall report to the department board within 30 days
1396 after of any change in this required information.
1397 Section 37. Section 468.3852, Florida Statutes, is amended
1398 to read:
1399 468.3852 Reactivation of license; fee.—The department
1400 board shall prescribe a fee not to exceed $250 for the
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1401 reactivation of an inactive license. The fee shall be in
1402 addition to the current biennial renewal fee.
1403 Section 38. Subsections (2), (3), (4), (5), and (8) of
1404 section 468.3855, Florida Statutes, are amended to read:
1405 468.3855 Apprenticeship training requirements.—
1406 (2) Any auctioneer who undertakes the sponsorship of an
1407 apprentice shall ensure that the apprentice receives training as
1408 required by department board rule.
1409 (3) An apprentice must actively participate in auction
1410 sales as required by department board rule, and a record of each
1411 auction for which participation credit is claimed must be made
1412 as required by department board rule.
1413 (4) Apprentices are prohibited from conducting any auction
1414 without the prior express written consent of the sponsor. The
1415 apprentice's sponsor must be present at the auction site at any
1416 time the apprentice is actively participating in the conduct of
1417 the auction. If the apprentice's sponsor cannot attend a
1418 particular auction, the sponsor may appoint a qualified
1419 auctioneer who meets the requirements of department board rule
1420 to attend the auction in his or her place. Prior written consent
1421 must be given by the apprentice's sponsor for each substitution.
1422 (5) Each apprentice and sponsor shall file reports as
1423 required by department board rule.
1424 (8) All apprentice applications shall be valid for a
1425 period of 6 months after department board approval. Any
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1426 applicant who fails to complete the licensure process within
1427 that time shall be required to make application as a new
1428 applicant.
1429 Section 39. Section 468.387, Florida Statutes, is amended
1430 to read:
1431 468.387 Licensing of nonresidents; endorsement;
1432 reciprocity.—The department shall issue a license by endorsement
1433 to practice auctioneering to an applicant who, upon applying to
1434 the department and remitting the required fee, set by the
1435 department board, demonstrates to the department board that he
1436 or she satisfies the requirements of s. 468.385(3) and holds a
1437 valid license to practice auctioneering in another state,
1438 provided that the requirements for licensure in that state are
1439 substantially equivalent to or more stringent than those
1440 existing in this state. The endorsement and reciprocity
1441 provisions of this section shall apply to auctioneers only and
1442 not to professions or occupations regulated by other statutes.
1443 Section 40. Subsections (3) and (9) and paragraph (b) of
1444 subsection (10) of section 468.388, Florida Statutes, are
1445 amended to read:
1446 468.388 Conduct of an auction.—
1447 (3) Each auctioneer or auction business shall maintain a
1448 record book of all sales. The record book shall be open to
1449 inspection by the department board at reasonable times.
1450 (9) The auction business under which the auction is
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1451 conducted is responsible for all other aspects of the auction as
1452 required by department board rule. The auction business may
1453 delegate in whole, or in part, different aspects of the auction
1454 only to the extent that such delegation is permitted by law and
1455 that such delegation will not impede the principal auctioneer's
1456 ability to ensure the proper conduct of his or her independent
1457 responsibility for the auction. The auction business under whose
1458 auspices the auction is conducted is responsible for ensuring
1459 compliance as required by department board rule.
1460 (10)
1461 (b) Each auction business shall maintain, for not less
1462 than 2 years, a separate ledger showing the funds held for
1463 another person deposited and disbursed by the auction business
1464 for each auction. The escrow or trust account must be reconciled
1465 monthly with the bank statement. A signed and dated record shall
1466 be maintained for a 2-year period and be available for
1467 inspection by the department or at the request of the department
1468 board.
1469 Section 41. Paragraph (j) of subsection (1), subsection
1470 (2), and paragraph (a) of subsection (3) of section 468.389,
1471 Florida Statutes, are amended to read:
1472 468.389 Prohibited acts; penalties.—
1473 (1) The following acts shall be grounds for the
1474 disciplinary activities provided in subsections (2) and (3):
1475 (j) Violating a statute or administrative rule regulating
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1476 practice under this part or a lawful disciplinary order of the
1477 board or the department.
1478 (2) When the department board finds any person guilty of
1479 any of the prohibited acts set forth in subsection (1), it may
1480 enter an order imposing one or more of the following penalties:
1481 (a) Refusal to certify to the department an application
1482 for licensure.
1483 (b) Revocation or suspension of a license.
1484 (c) Imposition of an administrative fine not to exceed
1485 $1,000 for each count or separate offense.
1486 (d) Issuance of a reprimand.
1487 (e) Placement of the auctioneer on probation for a period
1488 of time and subject to conditions as the department board may
1489 specify, including requiring the auctioneer to successfully
1490 complete the licensure examination.
1491 (f) Requirement that the person in violation make
1492 restitution to each consumer affected by that violation. Proof
1493 of such restitution shall be a signed and notarized release
1494 executed by the consumer or the consumer's estate.
1495 (3)(a) Failure to pay a fine within a reasonable time, as
1496 prescribed by department board rule, may be grounds for
1497 disciplinary action.
1498 Section 42. Section 468.392, Florida Statutes, is amended
1499 to read:
1500 468.392 Auctioneer Recovery Fund.—There is created the
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1501 Auctioneer Recovery Fund as a separate account in the
1502 Professional Regulation Trust Fund. The fund shall be
1503 administered by the department Florida Board of Auctioneers.
1504 (1) The Chief Financial Officer shall invest the money not
1505 currently needed to meet the obligations of the fund in the same
1506 manner as other public funds may be invested. Interest that
1507 accrues from these investments shall be deposited to the credit
1508 of the Auctioneer Recovery Fund and shall be available for the
1509 same purposes as other moneys deposited in the Auctioneer
1510 Recovery Fund.
1511 (2) All payments and disbursements from the Auctioneer
1512 Recovery Fund shall be made by the Chief Financial Officer upon
1513 a voucher signed by the Secretary of Business and Professional
1514 Regulation or the secretary's designee.
1515 (3) If at any time the moneys in the Auctioneer Recovery
1516 Fund are insufficient to satisfy any valid claim or portion
1517 thereof, the department board shall satisfy such unpaid claim or
1518 portion thereof as soon as a sufficient amount has been
1519 deposited in or transferred to the fund. When there is more than
1520 one unsatisfied claim outstanding, such claims shall be paid in
1521 the order in which the claims were made.
1522 (4) Upon the payment of any amount from the Auctioneer
1523 Recovery Fund in settlement of a claim in satisfaction of a
1524 judgment against an auctioneer or auction business as described
1525 in s. 468.395, the license of such auctioneer or auction
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1526 business shall be automatically suspended until the licensee has
1527 complied with s. 468.398. A discharge of bankruptcy does shall
1528 not relieve a person from the penalties and disabilities
1529 provided in this section.
1530 (5) Moneys in the fund at the end of a fiscal year shall
1531 be retained in the fund and shall accrue for the benefit of
1532 auctioneers and auction businesses. When the fund exceeds the
1533 amount as set forth in s. 468.393(2), all surcharges shall be
1534 suspended until such time as the fund is reduced below the
1535 amount as set forth in s. 468.393(3).
1536 Section 43. Subsections (1), (3), and (4) of section
1537 468.393, Florida Statutes, are amended to read:
1538 468.393 Surcharge to license fee; assessments.—
1539 (1) At the time of licensure under s. 468.385, s.
1540 468.3851, or s. 468.3852, each licensee shall pay, in addition
1541 to an application and license fee, a surcharge in an amount to
1542 be determined by the department board, not to exceed $300, which
1543 shall be deposited in the Auctioneer Recovery Fund.
1544 (3) After October 1, 1995, if the total amount in the
1545 Auctioneer Recovery Fund, including principal and interest, is
1546 less than $200,000 at the end of the fiscal year after the
1547 payment of all claims and expenses, the department board shall
1548 assess, in addition to any other fees under s. 468.3852, a
1549 surcharge against a licensee at the time of initial licensure or
1550 at the time of license renewal, according to the following
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1551 formula in order to maintain the fund at $500,000:
1552 (a) Determine the amount remaining in the fund at the end
1553 of the state fiscal year after all expenses and claims have been
1554 paid.
1555 (b) Subtract the amount determined under paragraph (a)
1556 from $500,000.
1557 (c) Determine the number of initial licenses and license
1558 renewals in the fiscal year that precedes the current fiscal
1559 year.
1560 (d) Divide the amount determined under paragraph (b) by
1561 the number determined under paragraph (c).
1562 (4) The department board shall assess the surcharge
1563 described in subsection (3) against each licensee who receives
1564 an initial license or receives a renewal license during the
1565 fiscal year that follows the year in which the amount remaining
1566 in the fund was less than $200,000.
1567 Section 44. Subsections (1) and (4) of section 468.395,
1568 Florida Statutes, are amended to read:
1569 468.395 Conditions of recovery; eligibility.—
1570 (1) Recovery from the Auctioneer Recovery Fund may be
1571 obtained as follows:
1572 (a) Any aggrieved person is eligible to receive recovery
1573 from the Auctioneer Recovery Fund if the department Florida
1574 Board of Auctioneers has issued a final order directing an
1575 offending licensee to pay restitution to the claimant as the
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1576 result of the licensee violating, within this state, any
1577 provision of s. 468.389 or any rule adopted by the department
1578 board and if the department board determined that the order of
1579 restitution cannot be enforced; or
1580 (b) Any aggrieved person who obtains a final judgment in
1581 any court against any licensee to recover damages for any actual
1582 loss that results from the violation, within this state, by a
1583 licensee of any provision of s. 468.389 or any rule adopted by
1584 the department board may, upon termination of all proceedings,
1585 including appeals and proceedings supplemental to judgment for
1586 collection purposes, file a verified application to the
1587 department board for an order directing payment out of the
1588 Auctioneer Recovery Fund of the amount of actual loss in the
1589 transaction that remains unpaid upon the judgment. The amount of
1590 actual loss may include court costs, but may shall not include
1591 attorney's fees or punitive damages awarded.
1592 (4) The department board may shall not issue an order for
1593 payment of a claim from the Auctioneer Recovery Fund unless the
1594 claimant has reasonably established to the department board that
1595 she or he has taken proper and reasonable action to collect the
1596 amount of her or his claim from the licensee responsible for the
1597 loss and that any recovery made has been applied to reduce the
1598 amount of the claim on the Auctioneer Recovery Fund.
1599 Section 45. Subsections (2) and (3) of section 468.396,
1600 Florida Statutes, are amended to read:
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1601 468.396 Claims against a single licensee in excess of
1602 dollar limitation; joinder of claims, payment; insufficient
1603 funds.—
1604 (2) Upon petition of the department board, the court may
1605 require all claimants and prospective claimants against one
1606 licensee to be joined in one action, to the end that the
1607 respective rights of all the claimants to the department board
1608 may be equitably adjudicated and settled.
1609 (3) On June 30 and December 31 of each year, the
1610 department board shall identify each claim that the court orders
1611 to be paid during the 6-month period that ended on that day. The
1612 department board shall pay the part of each claim that is so
1613 identified within 15 days after the end of the 6-month period in
1614 which the claim is ordered paid. However, if the balance in the
1615 fund is insufficient to pay the full payable amount of each
1616 claim that is ordered to be paid during a 6-month period, the
1617 department board shall pay a prorated portion of each claim that
1618 is ordered to be paid during the period. Any part of the payable
1619 amount of a claim left unpaid due to the prorating of payments
1620 under this subsection shall be paid, subject to the $50,000
1621 limit described in s. 468.395, before the payment of claims
1622 ordered to be paid during the following 6 months.
1623 Section 46. Section 468.397, Florida Statutes, is amended
1624 to read:
1625 468.397 Payment of claim.—Upon a final order of the court
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1626 directing that payment be made out of the Auctioneer Recovery
1627 Fund, the department board shall, subject to the provisions of
1628 this part, make the payment out of the Auctioneer Recovery Fund
1629 as provided in s. 468.395.
1630 Section 47. Section 468.398, Florida Statutes, is amended
1631 to read:
1632 468.398 Suspension of judgment debtor's license; repayment
1633 by licensee; interest.—If the department board is required to
1634 make any payment from the Auctioneer Recovery Fund in settlement
1635 of a claim or toward the satisfaction of a judgment under this
1636 part, the department board shall suspend the judgment debtor's
1637 license. The licensee is not eligible to be licensed again as
1638 either an auctioneer or auction business until the licensee has
1639 repaid in full the amount paid from the Auctioneer Recovery
1640 Fund, with interest at the current applicable rate.
1641 Section 48. Subsection (5) of section 468.431, Florida
1642 Statutes, is amended to read:
1643 468.431 Definitions.—As used in this part:
1644 (5) "Council" means the Regulatory Council of Community
1645 Association Managers.
1646 Section 49. Paragraph (d) of subsection (2) and subsection
1647 (3) of section 468.433, Florida Statutes, are amended to read:
1648 468.433 Licensure by examination.—
1649 (2) The department shall examine each applicant who is at
1650 least 18 years of age, who has successfully completed all
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1651 prelicensure education requirements, and who the department
1652 certifies is of good moral character.
1653 (d) The department council shall establish by rule the
1654 required amount of prelicensure education, which shall consist
1655 of not more than 24 hours of in-person instruction by a
1656 department-approved provider and which shall cover all areas of
1657 the examination specified in subsection (3). Such instruction
1658 shall be completed within 12 months before prior to the date of
1659 the examination. Prelicensure education providers shall be
1660 considered continuing education providers for purposes of
1661 establishing provider approval fees. A licensee shall not be
1662 required to comply with the continuing education requirements of
1663 s. 468.4337 prior to the first license renewal. The department
1664 shall, by rule, set standards for exceptions to the requirement
1665 of in-person instruction in cases of hardship or disability.
1666 (3) The department council shall approve an examination
1667 for licensure. The examination must demonstrate that the
1668 applicant has a fundamental knowledge of state and federal laws
1669 relating to the operation of all types of community associations
1670 and state laws relating to corporations and nonprofit
1671 corporations, proper preparation of community association
1672 budgets, proper procedures for noticing and conducting community
1673 association meetings, insurance matters relating to community
1674 associations, and management skills.
1675 Section 50. Subsection (1) of section 468.4336, Florida
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1676 Statutes, is amended to read:
1677 468.4336 Renewal of license.—
1678 (1) The department shall renew a license upon receipt of
1679 the renewal application and fee and upon proof of compliance
1680 with the continuing education requirements of s. 468.4337.
1681 Section 51. Section 468.435, Florida Statutes, is amended
1682 to read:
1683 468.435 Fees; establishment; disposition.—
1684 (1) The department council shall establish fees for the
1685 described purposes and within the ranges specified in this
1686 section:
1687 (a) Application fee: not less than $25, or more than $50.
1688 (b) Examination fee: not less than $25, or more than $100.
1689 (c) Initial license fee: not less than $25, or more than
1690 $100.
1691 (d) Renewal of license fee: not less than $25, or more
1692 than $100.
1693 (e) Delinquent license fee: not less than $25, or more
1694 than $50.
1695 (f) Inactive license fee: not less than $10, or more than
1696 $25.
1697 (2) Until the department council establishes fees under
1698 subsection (1), the lower amount in each range shall apply.
1699 (3) Fees collected under this section shall be deposited
1700 to the credit of the Professional Regulation Trust Fund.
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1701 (4) The department council shall establish fees that are
1702 adequate to fund the cost to implement the provisions of this
1703 part. Fees shall be based on the department estimates of the
1704 revenue required to implement this part and the provisions of
1705 law with respect to the regulation of community association
1706 managers.
1707 Section 52. Paragraph (b) of subsection (2) and subsection
1708 (3) of section 468.436, Florida Statutes, are amended to read:
1709 468.436 Disciplinary proceedings.—
1710 (2) The following acts constitute grounds for which the
1711 disciplinary actions in subsection (4) may be taken:
1712 (b)1. Violation of this part.
1713 2. Violation of any lawful order or rule rendered or
1714 adopted by the department or the council.
1715 3. Being convicted of or pleading nolo contendere to a
1716 felony in any court in the United States.
1717 4. Obtaining a license or certification or any other
1718 order, ruling, or authorization by means of fraud,
1719 misrepresentation, or concealment of material facts.
1720 5. Committing acts of gross misconduct or gross negligence
1721 in connection with the profession.
1722 6. Contracting, on behalf of an association, with any
1723 entity in which the licensee has a financial interest that is
1724 not disclosed.
1725 7. Failing to disclose any conflict of interest as
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1726 required by s. 468.4335.
1727 8. Violating chapter 718, chapter 719, or chapter 720
1728 during the course of performing community association management
1729 services pursuant to a contract with a community association as
1730 defined in s. 468.431(1).
1731 (3) The department council shall specify by rule the acts
1732 or omissions that constitute a violation of subsection (2).
1733 Section 53. Subsection (2) of section 468.520, Florida
1734 Statutes, is amended to read:
1735 468.520 Definitions.—As used in this part:
1736 (2) "Board" means the Board of Employee Leasing Companies.
1737 Section 54. Section 468.522, Florida Statutes, is amended
1738 to read:
1739 468.522 Rules of the department board.—The department
1740 board has authority to adopt rules pursuant to ss. 120.536(1)
1741 and 120.54 to implement the provisions of this part. Every
1742 licensee shall be governed and controlled by this part and the
1743 rules adopted by the department board.
1744 Section 55. Subsection (2) and paragraph (b) of subsection
1745 (4) of section 468.524, Florida Statutes, are amended to read:
1746 468.524 Application for license.—
1747 (2) The department board may require information and
1748 certifications necessary to determine that the applicant is of
1749 good moral character and meets other licensure requirements of
1750 this part.
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1751 (4) An applicant or licensee is ineligible to reapply for
1752 a license for a period of 1 year following final agency action
1753 on the denial or revocation of a license applied for or issued
1754 under this part. This time restriction does not apply to
1755 administrative denials or revocations entered because:
1756 (b) The experience documented to the department board was
1757 insufficient at the time of the previous application;
1758 Section 56. Section 468.5245, Florida Statutes, is amended
1759 to read:
1760 468.5245 Change of ownership.—
1761 (1) A license or registration issued to any entity under
1762 this part may not be transferred or assigned. The department
1763 board shall adopt rules to provide for a licensee's or
1764 registrant's change of name or location.
1765 (2) A person or entity that seeks to purchase or acquire
1766 control of an employee leasing company or group licensed or
1767 registered under this part must first apply to the department
1768 board for a certificate of approval for the proposed change of
1769 ownership. However, prior approval is not required if, at the
1770 time the purchase or acquisition occurs, a controlling person of
1771 the employee leasing company or group maintains a controlling
1772 person license under this part. Notification must be provided to
1773 the department board within 30 days after the purchase or
1774 acquisition of such company in the manner prescribed by the
1775 department board.
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1776 (3) Any application that is submitted to the department
1777 board under this section shall be deemed approved if the board
1778 has not approved the application or rejected the application,
1779 and provided the applicant with the basis for a rejection,
1780 within 90 days after the receipt of the completed application.
1781 (4) The department board shall establish filing fees for a
1782 change-of-ownership application in accordance with s.
1783 468.524(1).
1784 Section 57. Subsection (2) and paragraphs (c), (d), (e),
1785 and (f) of subsection (3) of section 468.525, Florida Statutes,
1786 are amended to read:
1787 468.525 License requirements.—
1788 (2)(a) As used in this part, "good moral character" means
1789 a personal history of honesty, trustworthiness, fairness, a good
1790 reputation for fair dealings, and respect for the rights of
1791 others and for the laws of this state and nation. A thorough
1792 background investigation of the individual's good moral
1793 character shall be instituted by the department. Such
1794 investigation shall require:
1795 1. The submission of fingerprints, for processing through
1796 appropriate law enforcement agencies, by the applicant and the
1797 examination of police records by the department board.
1798 2. Such other investigation of the individual as the
1799 department board may deem necessary.
1800 (b) The department board may deny an application for
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1801 licensure or renewal citing lack of good moral character.
1802 Conviction of a crime within the last 7 years may shall not
1803 automatically bar any applicant or licensee from obtaining a
1804 license or continuing as a licensee. The department board shall
1805 consider the type of crime committed, the crime's relevancy to
1806 the employee leasing industry, the length of time since the
1807 conviction and any other factors deemed relevant by the
1808 department board.
1809 (3) Each employee leasing company licensed by the
1810 department shall have a registered agent for service of process
1811 in this state and at least one licensed controlling person. In
1812 addition, each licensed employee leasing company shall comply
1813 with the following requirements:
1814 (c) An applicant for initial or renewal license of an
1815 employee leasing company license or employee leasing company
1816 group shall have an accounting net worth or shall have
1817 guaranties, letters of credit, or other security acceptable to
1818 the department board in sufficient amounts to offset any
1819 deficiency. A guaranty will not be acceptable to satisfy this
1820 requirement unless the applicant submits sufficient evidence to
1821 satisfy the department board that the guarantor has adequate
1822 resources to satisfy the obligation of the guaranty.
1823 (d) Each employee leasing company shall maintain an
1824 accounting net worth and positive working capital, as determined
1825 in accordance with generally accepted accounting principles, or
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1826 shall have guaranties, letters of credit, or other security
1827 acceptable to the department board in sufficient amounts to
1828 offset any deficiency. A guaranty will not be acceptable to
1829 satisfy this requirement unless the licensee submits sufficient
1830 evidence, as defined by rule, that the guarantor has adequate
1831 resources to satisfy the obligation of the guaranty. In
1832 determining the amount of working capital, a licensee shall
1833 include adequate reserves for all taxes and insurance, including
1834 plans of self-insurance or partial self-insurance for claims
1835 incurred but not paid and for claims incurred but not reported.
1836 Compliance with the requirements of this paragraph is subject to
1837 verification by department or board audit.
1838 (e) Each employee leasing company or employee leasing
1839 company group shall submit annual financial statements audited
1840 by an independent certified public accountant, with the
1841 application and within 120 days after the end of each fiscal
1842 year, in a manner and time prescribed by the department board,
1843 provided however, that any employee leasing company or employee
1844 leasing company group with gross Florida payroll of less than
1845 $2.5 million during any fiscal year may submit financial
1846 statements reviewed by an independent certified public
1847 accountant for that year.
1848 (f) The licensee shall notify the department or board in
1849 writing within 30 days after any change in the application or
1850 status of the license.
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1851 Section 58. Subsections (3) and (5) of section 468.526,
1852 Florida Statutes, are amended to read:
1853 468.526 License required; fees.—
1854 (3) Each employee leasing company and employee leasing
1855 company group licensee shall pay to the department upon the
1856 initial issuance of a license and upon each renewal thereafter a
1857 license fee not to exceed $2,500 to be established by the
1858 department board. In addition to the license fee, the department
1859 board shall establish an annual assessment for each employee
1860 leasing company and each employee leasing company group
1861 sufficient to cover all costs for regulation of the profession
1862 pursuant to this chapter, chapter 455, and any other applicable
1863 provisions of law. The annual assessment shall:
1864 (a) Be due and payable upon initial licensure and
1865 subsequent renewals thereof and 1 year before the expiration of
1866 any licensure period; and
1867 (b) Be based on a fixed percentage, variable classes, or a
1868 combination of both, as determined by the department board, of
1869 gross Florida payroll for employees leased to clients by the
1870 applicant or licensee during the period beginning five quarters
1871 before and ending one quarter before each assessment. It is the
1872 intent of the Legislature that the greater weight of total fees
1873 for licensure and assessments should be on larger companies and
1874 groups.
1875 (5) Each controlling person licensee shall pay to the
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1876 department upon the initial issuance of a license and upon each
1877 renewal thereafter a license fee to be established by the
1878 department board in an amount not to exceed $2,000.
1879 Section 59. Section 468.527, Florida Statutes, is amended
1880 to read:
1881 468.527 Licensure and license renewal.—
1882 (1) The department shall license any applicant who the
1883 department board certifies is qualified to practice employee
1884 leasing as an employee leasing company, employee leasing company
1885 group, or controlling person.
1886 (2) Each license issued to an employee leasing company,
1887 employee leasing company group, or controlling person shall be
1888 renewed biennially. The department shall renew a license upon
1889 receipt of a renewal application and the applicable renewal fee.
1890 Section 60. Subsection (2) of section 468.5275, Florida
1891 Statutes, is amended to read:
1892 468.5275 Registration and exemption of de minimis
1893 operations.—
1894 (2) A registration is valid for 1 year. Each registrant
1895 shall pay to the department upon initial registration, and upon
1896 each renewal thereafter, a registration fee to be established by
1897 the department board in an amount not to exceed:
1898 (a) Two hundred and fifty dollars for an employee leasing
1899 company.
1900 (b) Five hundred dollars for an employee leasing company
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1901 group.
1902 Section 61. Subsections (2), (4), and (5) of section
1903 468.529, Florida Statutes, are amended to read:
1904 468.529 Licensee's insurance; employment tax; benefit
1905 plans.—
1906 (2) An initial or renewal license may not be issued to any
1907 employee leasing company unless the employee leasing company
1908 first files with the department board evidence of workers'
1909 compensation coverage for all leased employees in this state.
1910 Each employee leasing company shall maintain and make available
1911 to its workers' compensation carrier the following information:
1912 (a) The correct name and federal identification number of
1913 each client company.
1914 (b) A listing of all covered employees provided to each
1915 client company, by classification code.
1916 (c) The total eligible wages by classification code and
1917 the premiums due to the carrier for the employees provided to
1918 each client company.
1919 (4) An initial or renewal license may not be issued to any
1920 employee leasing company unless the employee leasing company
1921 first provides evidence to the department board, as required by
1922 department board rule, that the employee leasing company has
1923 paid all of the employee leasing company's obligations for
1924 payroll, payroll-related taxes, workers' compensation insurance,
1925 and employee benefits. All disputed amounts must be disclosed in
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1926 the application.
1927 (5) The provisions of this section are subject to
1928 verification by department or board audit.
1929 Section 62. Subsections (3) and (4) of section 468.530,
1930 Florida Statutes, are amended to read:
1931 468.530 License, contents; posting.—
1932 (3) A No license is not shall be valid for any person or
1933 entity who engages in the business under any name other than
1934 that specified in the license. A license issued under this part
1935 is shall not be assignable, and a no licensee may not conduct a
1936 business under a fictitious name without prior written
1937 authorization of the department board to do so. The department
1938 board may not authorize the use of a name which is so similar to
1939 that of a public officer or agency, or of that used by another
1940 licensee, that the public may be confused or misled thereby. A
1941 No licensee shall be permitted to conduct business under more
1942 than one name unless it has obtained a separate license. A
1943 licensee desiring to change its licensed name at any time except
1944 upon license renewal shall notify the department board and pay a
1945 fee not to exceed $50 for each authorized change of name.
1946 (4) Each employee leasing company or employee leasing
1947 company group licensed under this part shall be properly
1948 identified in all advertisements, which must include the license
1949 number, licensed business name, and other appropriate
1950 information in accordance with rules established by the
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1951 department board.
1952 Section 63. Paragraph (e) of subsection (1) of section
1953 468.531, Florida Statutes, is amended to read:
1954 468.531 Prohibitions; penalties.—
1955 (1) No person or entity shall:
1956 (e) Knowingly give false or forged evidence to the
1957 department board or a member thereof; or
1958 Section 64. Section 468.532, Florida Statutes, is amended
1959 to read:
1960 468.532 Discipline.—
1961 (1) The following constitute grounds for which
1962 disciplinary action against a licensee may be taken by the
1963 department board:
1964 (a) Being convicted or found guilty of, or entering a plea
1965 of nolo contendere to, regardless of adjudication, bribery,
1966 fraud, or willful misrepresentation in obtaining, attempting to
1967 obtain, or renewing a license.
1968 (b) Being convicted or found guilty of, or entering a plea
1969 of nolo contendere to, regardless of adjudication, a crime in
1970 any jurisdiction which relates to the operation of an employee
1971 leasing business or the ability to engage in business as an
1972 employee leasing company.
1973 (c) Being convicted or found guilty of, or entering a plea
1974 of nolo contendere to, regardless of adjudication, fraud,
1975 deceit, or misconduct in the classification of employees
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1976 pursuant to chapter 440.
1977 (d) Being convicted or found guilty of, or entering a plea
1978 of nolo contendere to, regardless of adjudication, fraud,
1979 deceit, or misconduct in the establishment or maintenance of
1980 self-insurance, be it health insurance or workers' compensation
1981 insurance.
1982 (e) Being convicted or found guilty of, or entering a plea
1983 of nolo contendere to, regardless of adjudication, fraud,
1984 deceit, or misconduct in the operation of an employee leasing
1985 company.
1986 (f) Conducting business without an active license.
1987 (g) Failing to maintain workers' compensation insurance as
1988 required in s. 468.529.
1989 (h) Transferring or attempting to transfer a license
1990 issued pursuant to this part.
1991 (i) Violating any provision of this part or any lawful
1992 order or rule issued under the provisions of this part or
1993 chapter 455.
1994 (j) Failing to notify the department board, in writing, of
1995 any change of the primary business address or the addresses of
1996 any of the licensee's offices in the state.
1997 (k) Having been confined in any county jail,
1998 postadjudication, or being confined in any state or federal
1999 prison or mental institution, or when through mental disease or
2000 deterioration, the licensee can no longer safely be entrusted to
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2001 deal with the public or in a confidential capacity.
2002 (l) Having been found guilty for a second time of any
2003 misconduct that warrants suspension or being found guilty of a
2004 course of conduct or practices which shows that the licensee is
2005 so incompetent, negligent, dishonest, or untruthful that the
2006 money, property, transactions, and rights of investors, or those
2007 with whom the licensee may sustain a confidential relationship,
2008 may not safely be entrusted to the licensee.
2009 (m) Failing to inform the department board in writing
2010 within 30 days after being convicted or found guilty of, or
2011 entering a plea of nolo contendere to, any felony, regardless of
2012 adjudication.
2013 (n) Failing to conform to any lawful order of the
2014 department board.
2015 (o) Being determined liable for civil fraud by a court in
2016 any jurisdiction.
2017 (p) Having adverse material final action taken by any
2018 state or federal regulatory agency for violations within the
2019 scope of control of the licensee.
2020 (q) Failing to inform the department board in writing
2021 within 30 days after any adverse material final action by a
2022 state or federal regulatory agency.
2023 (r) Failing to meet or maintain the requirements for
2024 licensure as an employee leasing company or controlling person.
2025 (s) Engaging as a controlling person any person who is not
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2026 licensed as a controlling person by the department board.
2027 (t) Attempting to obtain, obtaining, or renewing a license
2028 to practice employee leasing by bribery, misrepresentation, or
2029 fraud.
2030 (2) When the department board finds any violation of
2031 subsection (1), it may do one or more of the following:
2032 (a) Deny an application for licensure.
2033 (b) Permanently revoke, suspend, restrict, or not renew a
2034 license.
2035 (c) Impose an administrative fine not to exceed $5,000 for
2036 every count or separate offense.
2037 (d) Issue a reprimand.
2038 (e) Place the licensee on probation for a period of time
2039 and subject to such conditions as the department board may
2040 specify.
2041 (f) Assess costs associated with investigation and
2042 prosecution.
2043 (3) Upon revocation or suspension of a license, the
2044 licensee must immediately return to the department the license
2045 that was revoked or suspended.
2046 (4) The department board shall specify the penalties for
2047 any violation of this part.
2048 Section 65. Subsection (1) of section 468.603, Florida
2049 Statutes, is amended to read:
2050 468.603 Definitions.—As used in this part:
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2051 (1) "Board" means the Florida Building Code Administrators
2052 and Inspectors Board.
2053 Section 66. Section 468.606, Florida Statutes, is amended
2054 to read:
2055 468.606 Authority of the department board.—The department
2056 may board is authorized to:
2057 (1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
2058 implement the provisions of this part.
2059 (2) Certify individuals as being qualified under the
2060 provisions of this part to be building code administrators,
2061 plans examiners, and building code inspectors.
2062 Section 67. Section 468.607, Florida Statutes, is amended
2063 to read:
2064 468.607 Certification of building code administration and
2065 inspection personnel.—The department board shall issue a
2066 certificate to any individual whom the department board
2067 determines to be qualified, within such class and level as
2068 provided in this part and with such limitations as the
2069 department board may place upon it. A No person may not be
2070 employed by a state agency or local governmental authority to
2071 perform the duties of a building code administrator, plans
2072 examiner, or building code inspector after October 1, 1993,
2073 without possessing the proper valid certificate issued in
2074 accordance with the provisions of this part. Any person who acts
2075 as an inspector and plans examiner under s. 1013.37 while
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2076 conducting activities authorized by certification under that
2077 section is certified to continue to conduct inspections for a
2078 local enforcement agency until the person's UBCI certification
2079 expires, after which time such person must possess the proper
2080 valid certificate issued in accordance with this part.
2081 Section 68. Section 468.613, Florida Statutes, is amended
2082 to read:
2083 468.613 Certification by endorsement.—The department board
2084 shall examine other certification or training programs, as
2085 applicable, upon submission to the department board for its
2086 consideration of an application for certification by
2087 endorsement. The department board shall waive its examination,
2088 qualification, education, or training requirements, to the
2089 extent that such examination, qualification, education, or
2090 training requirements of the applicant are determined by the
2091 department board to be comparable with those established by the
2092 department board. The department board shall waive its
2093 examination, qualification, education, or training requirements
2094 if an applicant for certification by endorsement is at least 18
2095 years of age; is of good moral character; has held a valid
2096 building administrator, inspector, plans examiner, or the
2097 equivalent, certification issued by another state or territory
2098 of the United States for at least 10 years before the date of
2099 application; and has successfully passed an applicable
2100 examination administered by the International Code Council. Such
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2101 application must be made either when the license in another
2102 state or territory is active or within 2 years after such
2103 license was last active.
2104 Section 69. Subsections (5) and (7) of section 468.619,
2105 Florida Statutes, are amended to read:
2106 468.619 Building code enforcement officials' bill of
2107 rights.—
2108 (5) The enforcement official shall be considered an agent
2109 of the governmental entity employing him or her and as such
2110 shall be defended by that entity in any action brought by the
2111 department or the board, provided the enforcement official is
2112 working within the scope of his or her employment.
2113 (7) If any action taken against the enforcement official
2114 by the department or the board is found to be without merit by a
2115 court of competent jurisdiction, or if judgment in such an
2116 action is awarded to the enforcement official, the department or
2117 the board, or the assignee of the department or board, shall
2118 reimburse the enforcement official or his or her employer, as
2119 appropriate, for reasonable legal costs and reasonable
2120 attorney's fees incurred. The amount awarded may shall not
2121 exceed the limit provided in s. 120.595.
2122 Section 70. Paragraphs (a) and (k) of subsection (1) and
2123 subsections (2), (3), and (4) of section 468.621, Florida
2124 Statutes, are amended to read:
2125 468.621 Disciplinary proceedings.—
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2126 (1) The following acts constitute grounds for which the
2127 disciplinary actions in subsection (2) may be taken:
2128 (a) Violating or failing to comply with any provision of
2129 this part, or a valid rule or lawful order of the board or
2130 department pursuant thereto.
2131 (k) Obstructing an investigation or providing or inducing
2132 another to provide forged documents, false forensic evidence, or
2133 false testimony to a local or state board or member thereof or
2134 to a licensing investigator.
2135 (2) When the department board finds any person guilty of
2136 any of the grounds set forth in subsection (1), it may enter an
2137 order imposing one or more of the following penalties:
2138 (a) Denial of an application for certification.
2139 (b) Permanent revocation.
2140 (c) Suspension of a certificate.
2141 (d) Imposition of an administrative fine not to exceed
2142 $5,000 for each separate offense. Such fine must be rationally
2143 related to the gravity of the violation.
2144 (e) Issuance of a reprimand.
2145 (f) Placement of the certificateholder on probation for a
2146 period of time and subject to such conditions as the department
2147 board may impose, including alteration of performance level.
2148 (g) Satisfactory completion of continuing education.
2149 (h) Issuance of a citation.
2150 (3) Where a certificate is suspended, placed on probation,
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2151 or has conditions imposed, the department board shall reinstate
2152 the certificate of a disciplined building code administrator,
2153 plans examiner, or building code inspector upon proof the
2154 disciplined individual has complied with all terms and
2155 conditions set forth in the final order.
2156 (4) A No person may not be allowed to apply for
2157 certification under this part for a minimum of 5 years after the
2158 date of revocation of any certificate issued pursuant to this
2159 part. The department board may by rule establish additional
2160 criteria for certification following revocation.
2161 Section 71. Subsections (1) and (5) of section 468.627,
2162 Florida Statutes, are amended to read:
2163 468.627 Application; examination; renewal; fees.—
2164 (1) The department board shall establish by rule fees to
2165 be paid for application, examination, reexamination,
2166 certification and certification renewal, inactive status
2167 application, and reactivation of inactive certificates. The
2168 department board may establish by rule a late renewal penalty.
2169 The department board shall establish fees which are adequate,
2170 when combined with revenue generated by the provisions of s.
2171 468.631, to ensure the continued operation of this part. Fees
2172 shall be based on department estimates of the revenue required
2173 to implement this part.
2174 (5) The certificateholder shall provide proof, in a form
2175 established by board rule, that the certificateholder has
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2176 completed at least 14 classroom hours of at least 50 minutes
2177 each of continuing education courses during each biennium since
2178 the issuance or renewal of the certificate, including the
2179 specialized or advanced coursework approved by the Florida
2180 Building Commission, as part of the building code training
2181 program established pursuant to s. 553.841, appropriate to the
2182 licensing category sought. A minimum of 3 of the required 14
2183 classroom hours must be on state law, rules, and ethics relating
2184 to professional standards of practice, duties, and
2185 responsibilities of the certificateholder. The board shall by
2186 rule establish criteria for approval of continuing education
2187 courses and providers, and may by rule establish criteria for
2188 accepting alternative nonclassroom continuing education on an
2189 hour-for-hour basis.
2190 Section 72. Paragraph (d) of subsection (1) of section
2191 468.629, Florida Statutes, is amended to read:
2192 468.629 Prohibitions; penalties.—
2193 (1) No person may:
2194 (d) Give false or forged evidence to the board or the
2195 department, or a member, an employee, or an officer thereof, for
2196 the purpose of obtaining a certificate.
2197 Section 73. Subsection (1) of section 468.631, Florida
2198 Statutes, is amended to read:
2199 468.631 Building Code Administrators and Inspectors Fund.—
2200 (1) This part shall be funded through a surcharge, to be
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2201 assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
2202 1.5 percent of all permit fees associated with enforcement of
2203 the Florida Building Code as defined by the uniform account
2204 criteria and specifically the uniform account code for building
2205 permits adopted for local government financial reporting
2206 pursuant to s. 218.32. The minimum amount collected on any
2207 permit issued shall be $2. The unit of government responsible
2208 for collecting permit fees pursuant to s. 125.56 or s. 166.201
2209 shall collect such surcharge and shall remit the funds to the
2210 department on a quarterly calendar basis beginning not later
2211 than December 31, 2010, for the preceding quarter, and
2212 continuing each third month thereafter; and such unit of
2213 government shall retain 10 percent of the surcharge collected to
2214 fund the participation of building departments in the national
2215 and state building code adoption processes and to provide
2216 education related to enforcement of the Florida Building Code.
2217 There is created within the Professional Regulation Trust Fund a
2218 separate account to be known as the Building Code Administrators
2219 and Inspectors Fund, which shall deposit and disburse funds as
2220 necessary for the implementation of this part. The proceeds from
2221 this surcharge shall be allocated equally to fund the Florida
2222 Homeowners' Construction Recovery Fund established by s. 489.140
2223 and the functions of the Building Code Administrators and
2224 Inspectors Board. The department may transfer excess cash to the
2225 Florida Homeowners' Construction Recovery Fund that it
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2226 determines is not required to fund the implementation of this
2227 part board from the board's account within the Professional
2228 Regulation Trust Fund. However, the department may not transfer
2229 excess cash that would exceed the amount appropriated in the
2230 General Appropriations Act, and any amount approved by the
2231 Legislative Budget Commission pursuant to s. 216.181, to be used
2232 for the payment of claims from the Florida Homeowners'
2233 Construction Recovery Fund.
2234 Section 74. Subsection (7) of section 468.8312, Florida
2235 Statutes, is amended to read:
2236 468.8312 Fees.—
2237 (7) The fee for applications from providers of continuing
2238 education may not exceed $500.
2239 Section 75. Subsection (1) of section 468.8315, Florida
2240 Statutes, is amended to read:
2241 468.8315 Renewal of license.—
2242 (1) The department shall renew a license upon receipt of
2243 the renewal application and upon certification by the department
2244 that the licensee has satisfactorily completed the continuing
2245 education requirements of s. 468.8316.
2246 Section 76. Subsection (1) of section 468.8415, Florida
2247 Statutes, is amended to read:
2248 468.8415 Renewal of license.—
2249 (1) The department shall renew a license upon receipt of
2250 the renewal application and fee and upon certification by the
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2251 department that the licensee has satisfactorily completed the
2252 continuing education requirements of s. 468.8416.
2253 Section 77. Subsection (2) of section 468.8417, Florida
2254 Statutes, is amended to read:
2255 468.8417 Inactive license.—
2256 (2) A license that becomes inactive may be reactivated
2257 upon application to the department. The department may prescribe
2258 by rule continuing education requirements as a condition of
2259 reactivating a license. The rules may not require more than one
2260 renewal cycle of continuing education to reactivate a license.
2261 Section 78. Paragraph (d) of subsection (1) and paragraph
2262 (d) of subsection (2) of section 468.8419, Florida Statutes, are
2263 amended to read:
2264 468.8419 Prohibitions; penalties.—
2265 (1) A person may not:
2266 (d) Perform or offer to perform any mold remediation to a
2267 structure on which the mold assessor or the mold assessor's
2268 company provided a mold assessment within the last 12 months.
2269 This paragraph does not apply to a certified contractor who is
2270 classified in s. 489.105(2) s. 489.105(3) as a Division I
2271 contractor. However, the department may adopt rules requiring
2272 that, if such contractor performs the mold assessment and offers
2273 to perform the mold remediation, the contract for mold
2274 remediation provided to the homeowner discloses that he or she
2275 has the right to request competitive bids.
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2276 (2) A mold remediator, a company that employs a mold
2277 remediator, or a company that is controlled by a company that
2278 also has a financial interest in a company employing a mold
2279 remediator may not:
2280 (d) Perform or offer to perform any mold assessment to a
2281 structure on which the mold remediator or the mold remediator's
2282 company provided a mold remediation within the last 12 months.
2283 This paragraph does not apply to a certified contractor who is
2284 classified in s. 489.105(2) s. 489.105(3) as a Division I
2285 contractor. However, the department may adopt rules requiring
2286 that, if such contractor performs the mold remediation and
2287 offers to perform the mold assessment, the contract for mold
2288 assessment provided to the homeowner discloses that he or she
2289 has the right to request competitive bids.
2290 Section 79. Subsection (4) of section 469.004, Florida
2291 Statutes, is amended to read:
2292 469.004 License; asbestos consultant; asbestos
2293 contractor.—
2294 (4) A license issued under this chapter must be renewed
2295 every 2 years. Before an asbestos contractor's license may be
2296 renewed, the licensee must complete a 1-day course of continuing
2297 education during each of the preceding 2 years. Before an
2298 asbestos consultant's license may be renewed, the licensee must
2299 complete a 2-day course of continuing education during each of
2300 the preceding 2 years.
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2301 Section 80. Subsection (5) of section 469.012, Florida
2302 Statutes, is renumbered as subsection (4) and subsection (1) and
2303 present subsection (4) of that section are amended, to read:
2304 469.012 Course requirements for onsite supervisors and
2305 asbestos abatement workers.—
2306 (1) Each asbestos contractor's onsite supervisor must
2307 complete an asbestos contractor/supervisor course of not less
2308 than 5 days before prior to engaging in onsite supervision. Such
2309 training shall cover the nature of the health risks, the medical
2310 effects of exposure, federal and state asbestos laws and
2311 regulations, worker protection, and work area protection. Each
2312 onsite supervisor must also complete a continuing education
2313 course of not less than 1 day in length each year.
2314 (4) All asbestos abatement workers, including onsite
2315 supervisors, must complete, as a condition of renewal of
2316 accreditation, such courses of continuing education each year as
2317 are approved and required by the department.
2318 Section 81. Subsection (1) of section 469.013, Florida
2319 Statutes, is amended to read:
2320 469.013 Course requirements for asbestos surveyors,
2321 management planners, project monitors, and project designers.—
2322 (1) All asbestos surveyors, management planners, and
2323 project monitors must comply with the requirements under set
2324 forth in this section before prior to commencing such activities
2325 and must also complete the continuing education necessary to
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2326 maintain accreditation each year.
2327 (a) Management planners must complete all requirements of
2328 s. 469.005(2)(b) and (d).
2329 (b) Asbestos surveyors must complete all requirements of
2330 s. 469.005(2)(a).
2331 (c) Project monitors must complete all requirements of s.
2332 469.005(3)(a) and must also complete an asbestos sampling course
2333 which is equivalent to NIOSH Course 582.
2334 (d) Project designers must complete all requirements of s.
2335 469.005(2)(d).
2336 Section 82. Paragraph (b) of subsection (2) of section
2337 471.003, Florida Statutes, is amended to read:
2338 471.003 Qualifications for practice; exemptions.—
2339 (2) The following persons are not required to be licensed
2340 under the provisions of this chapter as a licensed engineer:
2341 (b)1. A person acting as a public officer employed by any
2342 state, county, municipal, or other governmental unit of this
2343 state when working on any project the total estimated cost of
2344 which is $10,000 or less.
2345 2. Persons who are employees of any state, county,
2346 municipal, or other governmental unit of this state and who are
2347 the subordinates of a person in responsible charge licensed
2348 under this chapter, to the extent that the supervision meets
2349 standards adopted by rule of the department board.
2350 Section 83. Section 471.0035, Florida Statutes, is amended
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2351 to read:
2352 471.0035 Instructors in postsecondary educational
2353 institutions; exemption from licensure requirement.—For the sole
2354 purpose of teaching the principles and methods of engineering
2355 design, notwithstanding the provisions of s. 471.005(6) s.
2356 471.005(7), a person employed by a public postsecondary
2357 educational institution, or by an independent postsecondary
2358 educational institution licensed or exempt from licensure
2359 pursuant to the provisions of chapter 1005, is not required to
2360 be licensed under the provisions of this chapter as a
2361 professional engineer.
2362 Section 84. Subsections (2) through (12) of section
2363 471.005, Florida Statutes, are renumbered as subsections (1)
2364 through (11), respectively, and present subsections (1), (6),
2365 and (10) of that section are amended, to read:
2366 471.005 Definitions.—As used in this chapter, the term:
2367 (1) "Board" means the Board of Professional Engineers.
2368 (6) "Engineer intern" means a person who has graduated
2369 from an engineering curriculum approved by the department board
2370 and has passed the fundamentals of engineering examination as
2371 provided by rules adopted by the department board.
2372 (10) "Retired professional engineer" or "professional
2373 engineer, retired" means a person who has been duly licensed as
2374 a professional engineer by the department board and who chooses
2375 to relinquish or not to renew his or her license and applies to
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2376 and is approved by the department board to be granted the title
2377 "Professional Engineer, Retired."
2378 Section 85. Subsection (1) of section 471.011, Florida
2379 Statutes, is amended to read:
2380 471.011 Fees.—
2381 (1) The department board by rule may establish fees to be
2382 paid for applications, examination, reexamination, licensing and
2383 renewal, inactive status application and reactivation of
2384 inactive licenses, and recordmaking and recordkeeping. The
2385 department board may also establish by rule a delinquency fee.
2386 The board shall establish fees that are adequate to ensure the
2387 continued operation of the board. Fees shall be based on
2388 department estimates of the revenue required to implement this
2389 chapter and the provisions of law with respect to the regulation
2390 of engineers.
2391 Section 86. Section 471.013, Florida Statutes, is amended
2392 to read:
2393 471.013 Examinations; prerequisites.—
2394 (1)(a) A person shall be entitled to take an examination
2395 for the purpose of determining whether she or he is qualified to
2396 practice in this state as an engineer if the person is of good
2397 moral character and:
2398 1. Is a graduate from an approved engineering science
2399 curriculum of 4 years or more in a school, college, or
2400 university which has been approved by the department board; or
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2401 2. Is a graduate of an approved engineering technology
2402 curriculum of 4 years or more in a school, college, or
2403 university which has been approved by the department board.
2404
2405 The department board shall adopt rules providing for the review
2406 and approval of schools or colleges and the courses of study in
2407 engineering in such schools and colleges. The rules shall be
2408 based on the educational requirements for engineering as defined
2409 in s. 471.005. The department board may adopt rules providing
2410 for the acceptance of the approval and accreditation of schools
2411 and courses of study by a nationally accepted accreditation
2412 organization.
2413 (b) A person shall be entitled to take the fundamentals
2414 examination for the purpose of determining whether she or he is
2415 qualified to practice in this state as an engineer intern if she
2416 or he is in the final year of, or is a graduate of, an approved
2417 engineering curriculum in a school, college, or university
2418 approved by the department board.
2419 (c) A person may shall not be entitled to take the
2420 principles and practice examination until that person has
2421 successfully completed the fundamentals examination.
2422 (2)(d) The department board shall deem that an applicant
2423 who seeks licensure by examination has passed the fundamentals
2424 examination when such applicant has received a doctorate degree
2425 in engineering from an institution that has an undergraduate
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2426 engineering program that is accredited by the Engineering
2427 Accreditation Commission of the Accreditation Board for
2428 Engineering and Technology, Inc., and has taught engineering
2429 full time for at least 3 years, at the baccalaureate level or
2430 higher, after receiving that degree.
2431 (3)(e) Every applicant who is qualified to take the
2432 fundamentals examination or the principles and practice
2433 examination shall be allowed to take either examination three
2434 times, notwithstanding the number of times either examination
2435 has been previously failed. If an applicant fails either
2436 examination three times, the department board shall require the
2437 applicant to complete additional college-level education courses
2438 or a department-approved board-approved relevant examination
2439 review course as a condition of future eligibility to take that
2440 examination. If the applicant is delayed in taking the
2441 examination due to reserve or active duty service in the United
2442 States Armed Forces or National Guard, the applicant is allowed
2443 an additional two attempts to take the examination before the
2444 department board may require additional college-level education
2445 or review courses.
2446 (4)(2)(a) The department board may refuse to certify an
2447 applicant for failure to satisfy the requirement of good moral
2448 character only if:
2449 1. There is a substantial connection between the lack of
2450 good moral character of the applicant and the professional
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2451 responsibilities of a licensed engineer; and
2452 2. The finding by the department board of lack of good
2453 moral character is supported by clear and convincing evidence.
2454 (b) When an applicant is found to be unqualified for a
2455 license because of a lack of good moral character, the
2456 department board shall furnish the applicant a statement
2457 containing the findings of the department board, a complete
2458 record of the evidence upon which the determination was based,
2459 and a notice of the rights of the applicant to a rehearing and
2460 appeal.
2461 Section 87. Section 471.017, Florida Statutes, is amended
2462 to read:
2463 471.017 Renewal of license.—
2464 (1) The department management corporation shall renew a
2465 license upon receipt of the renewal application and fee.
2466 (2) The department board shall adopt rules establishing a
2467 procedure for the biennial renewal of licenses.
2468 (3)(a) The board shall require a demonstration of
2469 continuing professional competency of engineers as a condition
2470 of license renewal or relicensure. Every licensee must complete
2471 9 continuing education hours for each year of the license
2472 renewal period, totaling 18 continuing education hours for the
2473 license renewal period. For each renewal period for such
2474 continuing education:
2475 1. One hour must relate to this chapter and the rules
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2476 adopted under this chapter.
2477 2. One hour must relate to professional ethics.
2478 3. Four hours must relate to the licensee's area of
2479 practice.
2480 4. The remaining hours may relate to any topic pertinent
2481 to the practice of engineering.
2482
2483 Continuing education hours may be earned by presenting or
2484 attending seminars, in-house or nonclassroom courses, workshops,
2485 or professional or technical presentations made at meetings,
2486 webinars, conventions, or conferences, including those presented
2487 by vendors with specific knowledge related to the licensee's
2488 area of practice. Up to 4 hours may be earned by serving as an
2489 officer or actively participating on a committee of a board-
2490 recognized professional or technical engineering society. The 2
2491 required continuing education hours relating to this chapter,
2492 the rules adopted pursuant to this chapter, and ethics may be
2493 earned by serving as a member of the Legislature or as an
2494 elected state or local official. The hours required pursuant to
2495 s. 471.0195 may apply to any requirements of this section except
2496 for those required under subparagraph 1.
2497 (b) The board shall adopt rules that are substantially
2498 consistent with the most recent published version of the
2499 Continuing Professional Competency Guidelines of the National
2500 Council of Examiners for Engineering and Surveying, and shall
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2501 allow nonclassroom hours to be credited. The board may, by rule,
2502 exempt from continuing professional competency requirements
2503 retired professional engineers who no longer sign and seal
2504 engineering documents and licensees in unique circumstances that
2505 severely limit opportunities to obtain the required continuing
2506 education hours.
2507 Section 88. Subsections (1) and (2) of section 471.021,
2508 Florida Statutes, are amended to read:
2509 471.021 Engineers and firms of other states; temporary
2510 registration to practice in Florida.—
2511 (1) Upon approval of the department board and payment of
2512 the fee set in s. 471.011, the department management corporation
2513 shall issue a temporary registration for work on one specified
2514 project in this state for a period not to exceed 1 year to an
2515 engineer holding a certificate to practice in another state,
2516 provided Florida licensees are similarly permitted to engage in
2517 work in such state and provided that the engineer be qualified
2518 for licensure by endorsement.
2519 (2) Upon approval by the department board and payment of
2520 the fee set in s. 471.011, the department management corporation
2521 shall issue a temporary registration for work on one specified
2522 project in this state for a period not to exceed 1 year to an
2523 out-of-state corporation, partnership, or firm, provided one of
2524 the principal officers of the corporation, one of the partners
2525 of the partnership, or one of the principals in the fictitiously
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2526 named firm has obtained a temporary registration in accordance
2527 with subsection (1).
2528 Section 89. Subsection (4) of section 471.023, Florida
2529 Statutes, is amended to read:
2530 471.023 Qualification of business organizations.—
2531 (4) Each qualifying agent of a business organization
2532 qualified under this section must notify the department board
2533 within 30 days after any change in the information contained in
2534 the application upon which the qualification is based.
2535 (a) A qualifying agent who terminates an affiliation with
2536 a qualified business organization shall notify the department
2537 management corporation of such termination within 24 hours. If
2538 such qualifying agent is the only qualifying agent for that
2539 business organization, the business organization must be
2540 qualified by another qualifying agent within 60 days after the
2541 termination. Except as provided in paragraph (b), the business
2542 organization may not engage in the practice of engineering until
2543 it is qualified by another qualifying agent.
2544 (b) In the event a qualifying agent ceases employment with
2545 a qualified business organization and the qualifying agent is
2546 the only licensed individual affiliated with the business
2547 organization, the executive director of the department
2548 management corporation or the chair of the board may authorize
2549 another licensee employed by the business organization to
2550 temporarily serve as its qualifying agent for a period of no
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2551 more than 60 days to proceed with incomplete contracts. The
2552 business organization is not authorized to operate beyond such
2553 period under this chapter absent replacement of the qualifying
2554 agent.
2555 (c) A qualifying agent shall notify the department in
2556 writing before engaging in the practice of engineering in the
2557 licensee's name or in affiliation with a different business
2558 organization.
2559 Section 90. Subsections (1) and (2) of section 471.025,
2560 Florida Statutes, are amended to read:
2561 471.025 Seals.—
2562 (1) The department board shall prescribe, by rule, one or
2563 more forms of seal to be used by licensees. Each licensee shall
2564 obtain at least one seal in the form approved by rule of the
2565 department board and may, in addition, register his or her seal
2566 electronically in accordance with ss. 668.001-668.006. All final
2567 drawings, specifications, plans, reports, or documents prepared
2568 or issued by the licensee and being filed for public record and
2569 all final documents provided to the owner or the owner's
2570 representative shall be signed by the licensee, dated, and
2571 sealed with said seal. Such signature, date, and seal shall be
2572 evidence of the authenticity of that to which they are affixed.
2573 Drawings, specifications, plans, reports, final documents, or
2574 documents prepared or issued by a licensee may be transmitted
2575 electronically and may be signed by the licensee, dated, and
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2576 sealed electronically with said seal in accordance with ss.
2577 668.001-668.006.
2578 (2) It is unlawful for any person to seal or digitally
2579 sign any document with a seal or digital signature after his or
2580 her license has expired or been revoked or suspended, unless
2581 such license has been reinstated or reissued. When an engineer's
2582 license has been revoked or suspended by the department board,
2583 the licensee shall, within a period of 30 days after the
2584 revocation or suspension has become effective, surrender his or
2585 her seal to the executive director of the department board and
2586 confirm to the department executive director the cancellation of
2587 the licensee's digital signature in accordance with ss. 668.001-
2588 668.006. In the event the engineer's license has been suspended
2589 for a period of time, his or her seal shall be returned to him
2590 or her upon expiration of the suspension period.
2591 Section 91. Paragraphs (b) and (d) of subsection (1) of
2592 section 471.031, Florida Statutes, are amended to read:
2593 471.031 Prohibitions; penalties.—
2594 (1) A person may not:
2595 (b)1. Except as provided in subparagraph 2. or
2596 subparagraph 3., use the name or title "professional engineer"
2597 or any other title, designation, words, letters, abbreviations,
2598 or device tending to indicate that such person holds an active
2599 license as an engineer when the person is not licensed under
2600 this chapter, including, but not limited to, the following
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2601 titles: "agricultural engineer," "air-conditioning engineer,"
2602 "architectural engineer," "building engineer," "chemical
2603 engineer," "civil engineer," "control systems engineer,"
2604 "electrical engineer," "environmental engineer," "fire
2605 protection engineer," "industrial engineer," "manufacturing
2606 engineer," "mechanical engineer," "metallurgical engineer,"
2607 "mining engineer," "minerals engineer," "marine engineer,"
2608 "nuclear engineer," "petroleum engineer," "plumbing engineer,"
2609 "structural engineer," "transportation engineer," "software
2610 engineer," "computer hardware engineer," or "systems engineer."
2611 2. Any person who is exempt from licensure under s.
2612 471.003(2)(j) may use the title or personnel classification of
2613 "engineer" in the scope of his or her work under that exemption
2614 if the title does not include or connote the term "professional
2615 engineer," "registered engineer," "licensed engineer,"
2616 "registered professional engineer," or "licensed professional
2617 engineer."
2618 3. Any person who is exempt from licensure under s.
2619 471.003(2)(c) or (e) may use the title or personnel
2620 classification of "engineer" in the scope of his or her work
2621 under that exemption if the title does not include or connote
2622 the term "professional engineer," "registered engineer,"
2623 "licensed engineer," "registered professional engineer," or
2624 "licensed professional engineer" and if that person is a
2625 graduate from an approved engineering curriculum of 4 years or
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2626 more in a school, college, or university which has been approved
2627 by the department board.
2628 (d) Give false or forged evidence to the department board
2629 or a member thereof.
2630 Section 92. Paragraphs (a) and (k) of subsection (1) and
2631 subsections (2), (3), and (4) of section 471.033, Florida
2632 Statutes, are amended to read:
2633 471.033 Disciplinary proceedings.—
2634 (1) The following acts constitute grounds for which the
2635 disciplinary actions in subsection (3) may be taken:
2636 (a) Violating any provision of s. 455.227(1), s. 471.025,
2637 or s. 471.031, or any other provision of this chapter or rule of
2638 the board or department.
2639 (k) Violating any order of the board or department
2640 previously entered in a disciplinary hearing.
2641 (2) The department board shall specify, by rule, what acts
2642 or omissions constitute a violation of subsection (1).
2643 (3) When the department board finds any person guilty of
2644 any of the grounds set forth in subsection (1), it may enter an
2645 order imposing one or more of the following penalties:
2646 (a) Denial of an application for licensure.
2647 (b) Revocation or suspension of a license.
2648 (c) Imposition of an administrative fine not to exceed
2649 $5,000 for each count or separate offense.
2650 (d) Issuance of a reprimand.
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2651 (e) Placement of the licensee on probation for a period of
2652 time and subject to such conditions as the department board may
2653 specify.
2654 (f) Restriction of the authorized scope of practice by the
2655 licensee.
2656 (g) Restitution.
2657 (4) The department management corporation shall reissue
2658 the license of a disciplined engineer or business upon
2659 certification by the department board that the disciplined
2660 person has complied with all of the terms and conditions set
2661 forth in the final order.
2662 Section 93. Section 471.045, Florida Statutes, is amended
2663 to read:
2664 471.045 Professional engineers performing building code
2665 inspector duties.—Notwithstanding any other provision of law, a
2666 person who is currently licensed under this chapter to practice
2667 as a professional engineer may provide building code inspection
2668 services described in s. 468.603(4) and (7) s. 468.603(5) and
2669 (8) to a local government or state agency upon its request,
2670 without being certified by the Florida Building Code
2671 Administrators and Inspectors licensing program Board under part
2672 XII of chapter 468. When performing these building code
2673 inspection services, the professional engineer is subject to the
2674 disciplinary guidelines of this chapter and s. 468.621(1)(c)-
2675 (h). Any complaint processing, investigation, and discipline
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2676 that arise out of a professional engineer's performing building
2677 code inspection services shall be conducted by the department
2678 Board of Professional Engineers rather than the Florida Building
2679 Code Administrators and Inspectors Board. A professional
2680 engineer may not perform plans review as an employee of a local
2681 government upon any job that the professional engineer or the
2682 professional engineer's company designed.
2683 Section 94. Subsections (1), (2), and (5) of section
2684 471.055, Florida Statutes, are amended to read:
2685 471.055 Structural Engineering Recognition Program for
2686 Professional Engineers.—
2687 (1) The department board shall establish the Structural
2688 Engineering Recognition Program for Professional Engineers to
2689 recognize professional engineers who specialize in structural
2690 engineering and have gone above and beyond the required minimum
2691 professional engineer licensing standards. The department board
2692 shall establish minimum requirements to receive recognition
2693 through the program. The department board must recognize any
2694 licensed professional engineer who has successfully passed the
2695 National Council of Examiners for Engineering and Surveying
2696 Structural Engineering 16-hour PE Structural examination or any
2697 other examination approved by the department board. In addition,
2698 the department board may recognize any licensed professional
2699 engineer who specializes in structural engineering based on
2700 alternative criteria determined by the department board.
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2701 (2) Upon application to the department board, a
2702 professional engineer who has the minimum program requirements
2703 shall be recognized as a professional engineer who has gone
2704 above and beyond in the field of structural engineering. The
2705 department board may not collect a fee for such application or
2706 for recognition by the program.
2707 (5) The department board shall adopt rules to implement
2708 this section.
2709 Section 95. Subsection (1) of section 472.005, Florida
2710 Statutes, is amended to read:
2711 472.005 Definitions.—As used in ss. 472.001-472.037:
2712 (1) "Board" means the Board of Professional Surveyors and
2713 Mappers.
2714 Section 96. Subsections (2) through (9) of section
2715 473.302, Florida Statutes, are renumbered as subsections (1)
2716 through (8), respectively, and subsection (1), paragraph (c) of
2717 present subsection (8), and present subsection (9) of that
2718 section are amended, to read:
2719 473.302 Definitions.—As used in this chapter, the term:
2720 (1) "Board" means the Board of Accountancy.
2721 (7)(8) "Practice of," "practicing public accountancy," or
2722 "public accounting" means:
2723 (c) Offering to perform or performing for the public one
2724 or more types of service involving the preparation of financial
2725 statements not included within paragraph (a), by a certified
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2726 public accountant who holds an active license, issued pursuant
2727 to this chapter, or who is authorized to practice public
2728 accounting pursuant to the practice privileges granted in s.
2729 473.3141; by a firm of certified public accountants; or by a
2730 firm in which a certified public accountant has an ownership
2731 interest, including the performance of such services in the
2732 employ of another person. The department board shall adopt rules
2733 establishing standards of practice for such reports and
2734 financial statements; provided, however, that nothing in this
2735 paragraph shall be construed to permit the department board to
2736 adopt rules that have the result of prohibiting Florida
2737 certified public accountants employed by unlicensed firms from
2738 preparing financial statements as authorized by this paragraph;
2739 or
2740 (9) "Uniform Accountancy Act" means the Uniform
2741 Accountancy Act, Eighth Edition, dated January 2018 and
2742 published by the American Institute of Certified Public
2743 Accountants and the National Association of State Boards of
2744 Accountancy.
2745
2746 However, these terms may shall not include services provided by
2747 the American Institute of Certified Public Accountants or the
2748 Florida Institute of Certified Public Accountants, or any full
2749 service association of certified public accounting firms whose
2750 plans of administration have been approved by the department
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2751 board, to their members or services performed by these entities
2752 in reviewing the services provided to the public by members of
2753 these entities.
2754 Section 97. Section 473.3035, Florida Statutes, is amended
2755 to read:
2756 473.3035 Division of Certified Public Accounting.—
2757 (1) All services concerning this chapter, including, but
2758 not limited to, recordkeeping services, examination services,
2759 legal services, and investigative services, and those services
2760 in chapter 455 necessary to perform the duties of this chapter
2761 shall be provided by the Division of Certified Public
2762 Accounting. The department board may, by majority vote, delegate
2763 a duty or duties to the appropriate division within the
2764 department. The department board may, by majority vote, rescind
2765 any such delegation of duties at any time.
2766 (2) The Division of Certified Public Accounting shall be
2767 funded by fees and assessments of the department board, and
2768 funds collected by the department board shall be used only to
2769 fund public accounting regulation. Funding for the Division of
2770 Certified Public Accounting shall be governed by ss. 215.37 and
2771 455.219.
2772 Section 98. Section 473.304, Florida Statutes, is amended
2773 to read:
2774 473.304 Rules of department board; powers and duties;
2775 legal services.—
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2776 (1) The department board shall adopt rules pursuant to ss.
2777 120.536(1) and 120.54 to implement the provisions of this act.
2778 Every certified public accountant and firm shall be governed and
2779 controlled by this act and the rules adopted by the department
2780 board.
2781 (2) Subject to the prior approval of the Attorney General,
2782 the department board may retain independent legal counsel to
2783 provide legal advice to the department board on a specific
2784 matter.
2785 (3) An attorney employed or used by the department board
2786 may not both prosecute a matter and provide legal services to
2787 the department board with respect to the same matter.
2788 Section 99. Section 473.305, Florida Statutes, is amended
2789 to read:
2790 473.305 Fees.—The department board, by rule, may establish
2791 fees to be paid for applications, examination, reexamination,
2792 licensing and renewal, reinstatement, and recordmaking and
2793 recordkeeping. The fee for the examination shall be established
2794 at an amount that covers the costs for the procurement or
2795 development, administration, grading, and review of the
2796 examination. The fee for the examination is refundable if the
2797 applicant is found to be ineligible to sit for the examination.
2798 The fee for initial application is nonrefundable, and the
2799 combined fees for application and examination may not exceed
2800 $250 plus the actual per applicant cost to the department for
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2801 purchase of the examination from the American Institute of
2802 Certified Public Accountants or a similar national organization.
2803 The biennial renewal fee may not exceed $250. The department
2804 board may also establish, by rule, a reactivation fee, and a
2805 delinquency fee not to exceed $50 for continuing professional
2806 education reporting forms. The department board shall establish
2807 fees which are adequate to ensure the continued operation of the
2808 department board and to fund the proportionate expenses incurred
2809 by the department which are allocated to the regulation of
2810 public accountants. Fees shall be based on department estimates
2811 of the revenue required to implement this chapter and the
2812 provisions of law with respect to the regulation of certified
2813 public accountants.
2814 Section 100. Paragraph (b) of subsection (3) and
2815 subsections (4), (5), and (6) of section 473.306, Florida
2816 Statutes, are amended to read:
2817 473.306 Examinations.—
2818 (3) An applicant is entitled to take the licensure
2819 examination to practice in this state as a certified public
2820 accountant if:
2821 (b) The applicant shows that she or he has good moral
2822 character. For purposes of this paragraph, the term "good moral
2823 character" has the same meaning as provided in s. 473.308(6)(a)
2824 s. 473.308(7)(a). The department board may refuse to allow an
2825 applicant to take the licensure examination for failure to
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2826 satisfy this requirement if:
2827 1. The department board finds a reasonable relationship
2828 between the lack of good moral character of the applicant and
2829 the professional responsibilities of a certified public
2830 accountant; and
2831 2. The finding by the department board of lack of good
2832 moral character is supported by competent substantial evidence.
2833
2834 If an applicant is found pursuant to this paragraph to be
2835 unqualified to take the licensure examination because of a lack
2836 of good moral character, the department board shall furnish to
2837 the applicant a statement containing the findings of the
2838 department board, a complete record of the evidence upon which
2839 the determination was based, and a notice of the rights of the
2840 applicant to a rehearing and appeal.
2841 (4) The department board shall have the authority to
2842 establish the standards for determining and shall determine:
2843 (a) What constitutes a passing grade for each subject or
2844 part of the licensure examination;
2845 (b) Which educational institutions, in addition to the
2846 universities in the State University System of Florida, shall be
2847 deemed to be accredited colleges or universities;
2848 (c) What courses and number of hours constitute a major in
2849 accounting; and
2850 (d) What courses and number of hours constitute additional
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2851 accounting courses acceptable under s. 473.308(4).
2852 (5) The department board may adopt an alternative
2853 licensure examination for persons who have been licensed to
2854 practice public accountancy or its equivalent in a foreign
2855 country so long as the International Qualifications Appraisal
2856 Board of the National Association of State Boards of Accountancy
2857 has ratified an agreement with that country for reciprocal
2858 licensure.
2859 (6) For the purposes of maintaining the proper educational
2860 qualifications for licensure under this chapter, the department
2861 board may appoint an Educational Advisory Committee, which shall
2862 be composed of one member of the department board, two persons
2863 in public practice who are licensed under this chapter, and four
2864 academicians on faculties of universities in this state.
2865 Section 101. Subsections (1), (2), and (3) of section
2866 473.309, Florida Statutes, are amended to read:
2867 473.309 Practice requirements for partnerships,
2868 corporations, and limited liability companies; business entities
2869 practicing public accounting.—
2870 (1) A partnership may not engage in the practice of public
2871 accounting, as defined in s. 473.302(7)(a) s. 473.302(8)(a), or
2872 meet the requirements of s. 473.3101(1)(b), unless:
2873 (a) It is a form of partnership recognized by Florida law.
2874 (b) Partners owning at least 51 percent of the financial
2875 interest and voting rights of the partnership are certified
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2876 public accountants in some state. However, each partner who is a
2877 certified public accountant in another state and is domiciled in
2878 this state must be a certified public accountant of this state
2879 and hold an active license.
2880 (c) At least one general partner is a certified public
2881 accountant of this state and holds an active license or, in the
2882 case of a firm that must have a license pursuant to s.
2883 473.3101(1)(c), at least one general partner is a certified
2884 public accountant in some state and meets the requirements of s.
2885 473.3141(1) s. 473.3141(1)(a) or (b).
2886 (d) All partners who are not certified public accountants
2887 in any state are engaged in the business of the partnership as
2888 their principal occupation.
2889 (e) It is in compliance with rules adopted by the
2890 department board pertaining to minimum capitalization, letters
2891 of credit, and adequate public liability insurance.
2892 (2) A corporation may not engage in the practice of public
2893 accounting, as defined in s. 473.302(7)(a) s. 473.302(8)(a), or
2894 meet the requirements of s. 473.3101(1)(b), unless:
2895 (a) It is a corporation duly organized in this or some
2896 other state.
2897 (b) Shareholders of the corporation owning at least 51
2898 percent of the financial interest and voting rights of the
2899 corporation are certified public accountants in some state and
2900 are principally engaged in the business of the corporation.
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2901 However, each shareholder who is a certified public accountant
2902 in another state and is domiciled in this state must be a
2903 certified public accountant of this state and hold an active
2904 license.
2905 (c) The principal officer of the corporation is a
2906 certified public accountant in some state.
2907 (d) At least one shareholder of the corporation is a
2908 certified public accountant and holds an active license in this
2909 state or, in the case of a firm that must have a license
2910 pursuant to s. 473.3101(1)(c), at least one shareholder is a
2911 certified public accountant in some state and meets the
2912 requirements of s. 473.3141(1) s. 473.3141(1)(a) or (b).
2913 (e) All shareholders who are not certified public
2914 accountants in any state are engaged in the business of the
2915 corporation as their principal occupation.
2916 (f) It is in compliance with rules adopted by the
2917 department board pertaining to minimum capitalization, letters
2918 of credit, and adequate public liability insurance.
2919 (3) A limited liability company may not engage in the
2920 practice of public accounting, as defined in s. 473.302(7)(a) s.
2921 473.302(8)(a), or meet the requirements of s. 473.3101(1)(b),
2922 unless:
2923 (a) It is a limited liability company duly organized in
2924 this or some other state.
2925 (b) Members of the limited liability company owning at
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2926 least 51 percent of the financial interest and voting rights of
2927 the company are certified public accountants in some state.
2928 However, each member who is a certified public accountant in
2929 some state and is domiciled in this state must be a certified
2930 public accountant of this state and hold an active license.
2931 (c) At least one member of the limited liability company
2932 is a certified public accountant and holds an active license in
2933 this state or, in the case of a firm that must have a license
2934 pursuant to s. 473.3101(1)(c), at least one member is a
2935 certified public accountant in some state and meets the
2936 requirements of s. 473.3141(1) s. 473.3141(1)(a) or (b).
2937 (d) All members who are not certified public accountants
2938 in any state are engaged in the business of the company as their
2939 principal occupation.
2940 (e) It is in compliance with rules adopted by the
2941 department board pertaining to minimum capitalization, letters
2942 of credit, and adequate public liability insurance.
2943 (f) It is currently licensed as required by s. 473.3101.
2944 Section 102. Subsections (1) and (4) of section 473.3101,
2945 Florida Statutes, are amended to read:
2946 473.3101 Licensure of firms or public accounting firms.—
2947 (1) The following must hold a license issued under this
2948 section:
2949 (a) Any firm with an office in this state which performs
2950 services as defined in s. 473.302(7)(a) s. 473.302(8)(a);
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2951 (b) Any firm with an office in this state which uses the
2952 title "CPA," "CPA firm," or any other title, designation, words,
2953 letters, abbreviations, or device tending to indicate that it is
2954 a CPA firm. The department board shall define by rule what
2955 constitutes a CPA firm; or
2956 (c)1. Any firm that does not have an office in this state
2957 but performs the services described in s. 473.3141(4) for a
2958 client having its home office in this state, unless it:
2959 a. Complies with the qualifications described in s.
2960 473.309.
2961 b. Is enrolled in a peer review program pursuant to s.
2962 473.3125(4).
2963 c. Performs services through an individual with practice
2964 privileges under s. 473.3141.
2965 d. Lawfully performs services in a state where an
2966 individual with practice privileges granted under s. 473.3141
2967 has his or her principal place of business.
2968 2. The department board shall define by rule what
2969 constitutes an office.
2970 (4) The department board shall determine whether the firm
2971 or public accounting firm meets the requirements for practice
2972 and, pending that determination, may certify to the department
2973 the firm or public accounting firm for provisional licensure.
2974 Section 103. Subsection (1) of section 473.311, Florida
2975 Statutes, is amended to read:
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2976 473.311 Renewal of license.—
2977 (1)(a) The department shall renew a license issued under
2978 s. 473.308 upon receipt of the renewal application and fee and
2979 upon certification by the board that the Florida certified
2980 public accountant has satisfactorily completed the continuing
2981 education requirements of s. 473.312.
2982 (b) A nonresident licensee seeking renewal of a license in
2983 this state shall be determined to have met the continuing
2984 education requirements in s. 473.312, except for the
2985 requirements in s. 473.312(1)(c), if the licensee has complied
2986 with the continuing education requirements applicable in the
2987 state in which his or her office is located. If the state in
2988 which the nonresident licensee's office is located has no
2989 continuing education requirements for license renewals, the
2990 nonresident licensee must comply with the continuing education
2991 requirements in s. 473.312.
2992 Section 104. Paragraph (a) of subsection (1), and
2993 subsections (2), (3), and (4) of section 473.3125, Florida
2994 Statutes, are amended to read:
2995 473.3125 Peer review.—
2996 (1) As used in this section, the term:
2997 (a) "Licensee" means a licensed firm or public accounting
2998 firm as defined in s. 473.302 s. 473.302(7) and engaged in the
2999 practice of public accounting as defined in s. 473.302(7)(a) s.
3000 473.302(8)(a) that is required to be licensed under s. 473.3101.
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3001 (2) The department board shall adopt rules establishing
3002 minimum standards for peer review programs, including, but not
3003 limited to, standards for administering, performing, and
3004 reporting peer reviews. The department board shall also adopt
3005 rules establishing minimum criteria for the department's board's
3006 approval of one or more organizations that facilitate and
3007 administer peer review programs.
3008 (3) For the purposes of maintaining oversight of the
3009 license renewal requirements of s. 473.311(2), the department
3010 board may establish a peer review oversight committee, which
3011 shall be composed of at least three, but no more than five,
3012 members who are licensed under this chapter and whose firms are
3013 subject to s. 473.311(2) and have received a review rating of
3014 "pass" on the most recent peer review.
3015 (4) Effective January 1, 2015, a licensed firm or public
3016 accounting firm as defined in s. 473.302 s. 473.302(7) and
3017 licensed under s. 473.3101 and engaged in the practice of public
3018 accounting as defined in s. 473.302(7)(a) s. 473.302(8)(a),
3019 except for the performance of compilations and reviews as those
3020 terms are defined by the department board, must be enrolled in a
3021 peer review program.
3022 Section 105. Section 473.313, Florida Statutes, is amended
3023 to read:
3024 473.313 Inactive status; retired status.—
3025 (1) A Florida certified public accountant may request that
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3026 her or his license be placed in an inactive status by making
3027 application to the department. The department board may
3028 prescribe by rule fees for placing a license on inactive status,
3029 renewal of inactive status, and reactivation of an inactive
3030 license.
3031 (a) A license that has become inactive under this
3032 subsection or for failure to complete the requirements in s.
3033 473.312 may be reactivated under s. 473.311 upon application to
3034 the department. The board may prescribe by rule continuing
3035 education requirements as a condition of reactivating a license.
3036 The maximum continuing education requirements for reactivating a
3037 license are 120 hours, including at least 30 hours in
3038 accounting-related and auditing-related subjects, not more than
3039 30 hours in behavioral subjects, and a minimum of 8 hours in
3040 ethics subjects approved by the board, for the reactivation of a
3041 license that is inactive or delinquent.
3042 (b) A license that is delinquent for failure to report
3043 completion of the requirements in s. 473.312 may be reactivated
3044 under s. 473.311 upon application to the department.
3045 Reactivation requires the payment of an application fee as
3046 determined by the board and certification by the Florida
3047 certified public accountant that the applicant satisfactorily
3048 completed the continuing education requirements set forth under
3049 s. 473.311. If the license is delinquent on January 1 because of
3050 failure to report completed continuing education requirements,
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3051 the applicant must submit a complete application to the board by
3052 March 15 immediately after the delinquent period.
3053 (a)(c) Any Florida certified public accountant holding an
3054 inactive license may be permitted to reactivate such license in
3055 a conditional manner. The conditions of reactivation shall
3056 require the payment of fees and the completion of required
3057 continuing education.
3058 (b)(d) Notwithstanding the provisions of s. 455.271, the
3059 department board may, at its discretion, reinstate the license
3060 of an individual whose license has become null and void if the
3061 individual has made a good faith effort to comply with this
3062 section but has failed to comply because of illness or unusual
3063 hardship. The individual shall apply to the department board for
3064 reinstatement in a manner prescribed by rules of the department
3065 board and shall pay an application fee in an amount determined
3066 by rule of the department board. The department board shall
3067 require that the individual meet all continuing education
3068 requirements as provided in paragraph (a), pay appropriate
3069 licensing fees, and otherwise be eligible for renewal of
3070 licensure under this chapter.
3071 (2) A Florida certified public accountant who is at least
3072 65 years of age, currently holds an active or inactive license
3073 in good standing under this chapter, and is not the subject of
3074 any sanction or disciplinary action may request that her or his
3075 license be placed on retired status by making application to the
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3076 department. The department board may prescribe by rule the
3077 application for placing a license on retired status, which must
3078 state that the applicant has no association with accounting or
3079 any of the services described in s. 473.302 s. 473.302(8). If a
3080 licensee who has been granted retired status reenters the
3081 workforce in a position that has an association with accounting
3082 or any of the services described in s. 473.302 s. 473.302(8),
3083 the licensee automatically loses her or his retired status.
3084 (a) A retired licensee may, without losing her or his
3085 retired status, serve without compensation on a board of
3086 directors or board of trustees, provide volunteer tax
3087 preparation services, participate in a government-sponsored
3088 business mentoring program such as the Internal Revenue
3089 Service's Volunteer Income Tax Assistance program or the Small
3090 Business Administration's SCORE program, or participate in an
3091 advisory role for a similar charitable, civic, or other non-
3092 profit organization.
3093 (b) The department board shall require a retired licensee
3094 to affirm in writing her or his understanding of the limited
3095 types of activities in which she or he may engage while in
3096 retired status and that she or he has a professional duty to
3097 ensure that she or he holds the professional competencies
3098 necessary to participate in such activities.
3099 (c) A retired licensee may accept routine reimbursement
3100 for actual costs of travel and meals associated with volunteer
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3101 services or de minimis per diem amounts paid to the licensee to
3102 cover such expenses as allowed by law.
3103 (d) A retired licensee may use the title of "retired CPA"
3104 on any business card or letterhead or any other printed or
3105 electronic document. However, such title must not be applied in
3106 such a manner that could confuse the public as to the current
3107 status of the licensee. The licensee is not required to have a
3108 certificate issued with the word "retired" on the certificate.
3109 (e) A retired licensee is not required to maintain the
3110 continuing education requirements under s. 473.312.
3111 (e)(f) A retired licensee may not offer or render
3112 professional services that require her or his signature and the
3113 use of the CPA title, regardless of whether "retired" is
3114 attached to such title.
3115 (f)(g) A retired licensee may be permitted to reactivate
3116 her or his license in a conditional manner as determined by the
3117 department board. The conditions of reactivation must require
3118 the payment of fees and the completion of required continuing
3119 education. The department board may prescribe by rule an
3120 application for reactivating a license placed on retired status
3121 and continuing education requirements as a condition of
3122 reactivating a license placed on retired status. The minimum
3123 continuing education requirements for reactivating a license
3124 placed on retired status are those of the most recent biennium
3125 plus one-half of the requirements in s. 473.312 for each
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3126 biennium or part thereof during which the license was on retired
3127 status.
3128
3129 For the purposes of this subsection, the term "retired licensee"
3130 means a licensee whose license has been placed in retired status
3131 by the department.
3132 Section 106. Subsections (1), (2), and (4) of section
3133 473.314, Florida Statutes, are amended to read:
3134 473.314 Temporary license.—
3135 (1) The department board shall adopt rules providing for
3136 the issuance of temporary licenses to certified public
3137 accountants or firms of other states who do not meet the
3138 requirements of s. 473.3141, for the purpose of enabling them or
3139 their employees to perform specific engagements involving the
3140 practice of public accountancy in this state. No temporary
3141 license shall be valid for more than 90 days after its issuance,
3142 and no license shall cover more than one engagement. After the
3143 expiration of 90 days, a new license shall be required.
3144 (2) Each application for a temporary license shall state
3145 the names of all persons who are to enter this state and shall
3146 be accompanied by a fee in an amount established by the
3147 department board not to exceed $400.
3148 (4) Upon certification of the applicant by the department
3149 board, the department shall issue a temporary license to the
3150 applicant.
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3151 Section 107. Subsections (3) and (4) of section 473.315,
3152 Florida Statutes, are amended to read:
3153 473.315 Independence, technical standards.—
3154 (3) The department board shall adopt rules establishing
3155 the standards of practice of public accounting, including, but
3156 not limited to, independence, competence, and technical
3157 standards.
3158 (4) Attorneys who are admitted to practice law by the
3159 Supreme Court of Florida are exempt from the standards of
3160 practice of public accounting as defined in s. 473.302(7)(b) and
3161 (c) s. 473.302(8)(b) and (c) when such standards conflict with
3162 the rules of The Florida Bar or orders of the Florida Supreme
3163 Court.
3164 Section 108. Subsections (5) and (6) of section 473.316,
3165 Florida Statutes, are amended to read:
3166 473.316 Communications between the accountant and client
3167 privileged.—
3168 (5) Communications are not privileged from disclosure in
3169 any disciplinary investigation or proceeding conducted pursuant
3170 to this act by the department or before the department board or
3171 in any judicial review of such a proceeding. In any such
3172 proceeding, a certified public accountant or public accountant,
3173 without the consent of her or his client, may testify with
3174 respect to any communication between the accountant and the
3175 accountant's client or be compelled, pursuant to a subpoena of
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3176 the department or the board, to testify or produce records,
3177 books, or papers. Such a communication disclosed to the
3178 department board and records of the department board relating to
3179 the communication shall for all other purposes and proceedings
3180 be a privileged communication in all of the courts of this
3181 state.
3182 (6) The proceedings, records, and workpapers of a review
3183 committee are privileged and are not subject to discovery,
3184 subpoena, or other means of legal process or to introduction
3185 into evidence in a civil action or arbitration, administrative
3186 proceeding, or state accountancy board proceeding. A member of a
3187 review committee or person who was involved in a quality review
3188 may not testify in a civil action or arbitration, administrative
3189 proceeding, or state accountancy board proceeding as to any
3190 matter produced or disclosed during the quality review or as to
3191 any findings, recommendations, evaluations, opinions, or other
3192 actions of the review committee or any members thereof. Public
3193 records and materials prepared for a particular engagement are
3194 not privileged merely because they were presented during the
3195 quality review. This privilege does not apply to disputes
3196 between a review committee and a person subject to a quality
3197 review.
3198 Section 109. Section 473.319, Florida Statutes, is amended
3199 to read:
3200 473.319 Contingent fees.—Public accounting services as
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3201 defined in s. 473.302(7)(a) and (c) s. 473.302(8)(a) and (c),
3202 and those that include tax filings with federal, state, or local
3203 government, may shall not be offered or rendered for a fee
3204 contingent upon the findings or results of such service. This
3205 section does not apply to services involving federal, state, or
3206 other taxes in which the findings are those of the tax
3207 authorities and not those of the certified public accountant or
3208 firm. Fees to be fixed by courts or other public authorities,
3209 which are of an indeterminate amount at the time a public
3210 accounting service is undertaken, may shall not be regarded as
3211 contingent fees for purposes of this section.
3212 Section 110. Section 473.3205, Florida Statutes, is
3213 amended to read:
3214 473.3205 Commissions or referral fees.—A certified public
3215 accountant or firm may not accept or pay a commission or
3216 referral fee in connection with the sale or referral of public
3217 accounting services as defined in s. 473.302(7)(a) and (c) s.
3218 473.302(8)(a) and (c). Any certified public accountant or firm
3219 that is engaged in the practice of public accounting and that
3220 accepts a commission for the sale of a product or service to a
3221 client must disclose that fact to the client in writing in
3222 accordance with rules adopted by the department board. However,
3223 this section may shall not prohibit:
3224 (1) Payments for the purchase of an accounting practice;
3225 (2) Retirement payments to individuals formerly engaged in
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3226 the practice of public accounting or payments to their heirs or
3227 estates; or
3228 (3) Payment of fees to a referring certified public
3229 accountant or firm for public accounting services to the
3230 successor certified public accountant or firm or the client in
3231 connection with an engagement.
3232 Section 111. Subsection (3) of section 473.321, Florida
3233 Statutes, is amended to read:
3234 473.321 Fictitious names.—
3235 (3) The department board shall adopt rules for
3236 interpretation of this section.
3237 Section 112. Paragraphs (c) and (e) of subsection (1) of
3238 section 473.322, Florida Statutes, are amended to read:
3239 473.322 Prohibitions; penalties.—
3240 (1) A person may not knowingly:
3241 (c) Perform or offer to perform any services described in
3242 s. 473.302(7)(a) or (d) s. 473.302(8)(a) or (d) unless such
3243 person holds an active license under this chapter and is a
3244 licensed firm, provides such services through a licensed firm,
3245 or complies with ss. 473.3101 and 473.3141. This paragraph does
3246 not prohibit the performance by persons other than certified
3247 public accountants of other services involving the use of
3248 accounting skills, including the preparation of tax returns and
3249 the preparation of financial statements without expression of
3250 opinion thereon;
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3251 (e) Give false or forged evidence to the department board
3252 or a member thereof;
3253 Section 113. Paragraph (m) of subsection (1) and
3254 subsections (2), (3), and (4) of section 473.323, Florida
3255 Statutes, are amended to read:
3256 473.323 Disciplinary proceedings.—
3257 (1) The following acts constitute grounds for which the
3258 disciplinary actions in subsection (3) may be taken:
3259 (m) Failing to provide any written disclosure to a client
3260 or the public which is required by this chapter or rule of the
3261 department board.
3262 (2) The department board shall specify, by rule, what acts
3263 or omissions constitute a violation of subsection (1).
3264 (3) When the department board finds any certified public
3265 accountant or firm guilty of any of the grounds set forth in
3266 subsection (1), it may enter an order imposing one or more of
3267 the following penalties:
3268 (a) Denial of an application for licensure.
3269 (b) Revocation or suspension of the certified public
3270 accountant or firm's license or practice privileges in this
3271 state.
3272 (c) Imposition of an administrative fine not to exceed
3273 $5,000 for each count or separate offense.
3274 (d) Issuance of a reprimand.
3275 (e) Placement of the certified public accountant on
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3276 probation for a period of time and subject to such conditions as
3277 the department board may specify, including requiring the
3278 certified public accountant to attend continuing education
3279 courses or to work under the supervision of another licensee.
3280 (f) Restriction of the authorized scope of practice by the
3281 certified public accountant.
3282 (4) The department shall reissue the license of a
3283 disciplined licensee upon certification by the department board
3284 that the disciplined licensee has complied with all of the terms
3285 and conditions set forth in the final order.
3286 Section 114. Subsections (2) of section 474.202, Florida
3287 Statutes, is amended to read:
3288 474.202 Definitions.—As used in this chapter:
3289 (2) "Board" means the Board of Veterinary Medicine.
3290 Section 115. Subsection (3) of section 474.2021, Florida
3291 Statutes, is amended to read:
3292 474.2021 Veterinary telehealth.—
3293 (3) The department board has jurisdiction over a
3294 veterinarian practicing veterinary telehealth, regardless of
3295 where the veterinarian's physical office is located. The
3296 practice of veterinary medicine is deemed to occur when the
3297 veterinarian, the patient, or both are located within this state
3298 at the time the veterinarian practices veterinary telehealth.
3299 Section 116. Section 474.2065, Florida Statutes, is
3300 amended to read:
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3301 474.2065 Fees.—The department board, by rule, shall
3302 establish fees for application and examination, reexamination,
3303 license renewal, inactive status, renewal of inactive status,
3304 license reactivation, periodic inspection of veterinary
3305 establishments, and duplicate copies of licenses, certificates,
3306 and permits. The fee for the initial application and examination
3307 may not exceed $650 plus the actual per applicant cost to the
3308 department for purchase of portions of the examination from the
3309 Professional Examination Service for the American Veterinary
3310 Medical Association or a similar national organization. The fee
3311 for licensure by endorsement may not exceed $500. The fee for
3312 temporary licensure may not exceed $200. The department board
3313 shall establish fees that are adequate to ensure its continued
3314 operation and to fund the proportionate expenses incurred by the
3315 department which are allocated to the regulation of
3316 veterinarians. Fees shall be based on departmental estimates of
3317 the revenue required to administer this chapter and the
3318 provisions relating to the regulation of veterinarians.
3319 Section 117. Subsections (1) through (4) of section
3320 474.207, Florida Statutes, are amended to read:
3321 474.207 Licensure by examination.—
3322 (1) Any person desiring to be licensed as a veterinarian
3323 shall apply to the department to take a licensure examination.
3324 The department board may by rule adopt use of a national
3325 examination in lieu of part or all of the examination required
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3326 by this section, with a reasonable passing score to be set by
3327 rule of the department board.
3328 (2) The department shall license each applicant who the
3329 board certifies has:
3330 (a) Completed the application form and remitted an
3331 examination fee set by the department board.
3332 (b)1. Graduated from a college of veterinary medicine
3333 accredited by the American Veterinary Medical Association
3334 Council on Education; or
3335 2. Graduated from a college of veterinary medicine listed
3336 in the American Veterinary Medical Association Roster of
3337 Veterinary Colleges of the World and obtained a certificate from
3338 the Education Commission for Foreign Veterinary Graduates or the
3339 Program for the Assessment of Veterinary Education Equivalence.
3340 (c) Successfully completed the examination provided by the
3341 department for this purpose, or an examination determined by the
3342 department board to be equivalent.
3343 (d) Demonstrated knowledge of the laws and rules governing
3344 the practice of veterinary medicine in Florida in a manner
3345 designated by rules of the department board.
3346
3347 The department may shall not issue a license to any applicant
3348 who is under investigation in any state or territory of the
3349 United States or in the District of Columbia for an act which
3350 would constitute a violation of this chapter until the
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3351 investigation is complete and disciplinary proceedings have been
3352 terminated, at which time the provisions of s. 474.214 shall
3353 apply.
3354 (3) Notwithstanding the provisions of paragraph (2)(b), an
3355 applicant shall be deemed to have met the education requirements
3356 for licensure upon submission of evidence that the applicant
3357 meets one of the following:
3358 (a) The applicant was certified for examination by the
3359 board prior to October 1, 1989; or
3360 (b) The applicant immigrated to the United States after
3361 leaving her or his home country because of political reasons,
3362 provided such country is located in the Western Hemisphere and
3363 lacks diplomatic relations with the United States; and
3364 1. Was a Florida resident immediately preceding her or his
3365 application for licensure;
3366 2. Demonstrates to the department board, through
3367 submission of documentation verified by the applicant's
3368 respective professional association in exile, that she or he
3369 received a professional degree in veterinary medicine from a
3370 college or university located in the country from which she or
3371 he emigrated. However, the department board may not require
3372 receipt transcripts from the Republic of Cuba as a condition of
3373 eligibility under this section; and
3374 3. Lawfully practiced her or his profession for at least 3
3375 years.
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3376 (4) Applicants certified for examination or reexamination
3377 under subsection (3) who fail the examination three times
3378 subsequent to October 1, 1989, shall be required to demonstrate
3379 to the department board that they meet the requirements of
3380 paragraph (2)(b) before prior to any further reexamination or
3381 certification for licensure.
3382 Section 118. Section 474.211, Florida Statutes, is amended
3383 to read:
3384 474.211 Renewal of license.—
3385 (1) The department shall renew a license upon receipt of
3386 the renewal application and fee and an affidavit of compliance
3387 with continuing education requirements set by rule of the board.
3388 (2) The department shall adopt rules establishing a
3389 procedure for the biennial renewal of licenses.
3390 (3) The board may by rule prescribe continuing education,
3391 not to exceed 30 hours biennially, as a condition for renewal of
3392 a license or certificate. The criteria for such programs,
3393 providers, and courses shall be approved by the board.
3394 Section 119. Subsections (1), (2), and (3) of section
3395 474.2125, Florida Statutes, are amended to read:
3396 474.2125 Temporary license.—
3397 (1) The department board shall adopt rules providing for
3398 the issuance of a temporary license to a licensed veterinarian
3399 of another state for the purpose of enabling her or him to
3400 provide veterinary medical services in this state for the
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3401 animals of a specific owner or, as may be needed in an emergency
3402 as defined in s. 252.34(4), for the animals of multiple owners,
3403 provided the applicant would qualify for licensure by
3404 endorsement under s. 474.217. No temporary license shall be
3405 valid for more than 30 days after its issuance, and no license
3406 shall cover more than the treatment of the animals of one owner
3407 except in an emergency as defined in s. 252.34(4). After the
3408 expiration of 30 days, a new license is required.
3409 (2) Each application for a temporary license shall state
3410 the names of all persons who are to enter this state and shall
3411 be accompanied by a fee in an amount established by the
3412 department board.
3413 (3) Upon certification of the applicant by the department
3414 board, the department shall issue a temporary license to the
3415 applicant.
3416 Section 120. Paragraph (d) of subsection (1) of section
3417 474.213, Florida Statutes, is amended to read:
3418 474.213 Prohibitions; penalties.—
3419 (1) No person shall:
3420 (d) Give false or forged evidence to the department board
3421 or a member thereof for the purpose of obtaining a license;
3422 Section 121. Paragraphs (a), (f), (h), (j), (v), (aa),
3423 (ee), (jj), and (nn) of subsection (1) and subsections (2) and
3424 (3) of section 474.214, Florida Statutes, are amended to read:
3425 474.214 Disciplinary proceedings.—
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3426 (1) The following acts shall constitute grounds for which
3427 the disciplinary actions in subsection (2) may be taken:
3428 (a) Attempting to procure a license to practice veterinary
3429 medicine by bribery, by fraudulent representations, or through
3430 an error of the department or the board.
3431 (f) Violating any provision of this chapter or chapter
3432 455, a rule of the board or department, or a lawful order of the
3433 board or department previously entered in a disciplinary
3434 hearing, or failing to comply with a lawfully issued subpoena of
3435 the department.
3436 (h) Being unable to practice veterinary medicine with
3437 reasonable skill or safety to patients by reason of illness,
3438 drunkenness, use of drugs, narcotics, chemicals, or any other
3439 material or substance or as a result of any mental or physical
3440 condition. In enforcing this paragraph, upon a finding by the
3441 secretary, the secretary's designee, or the probable cause panel
3442 of the department board that probable cause exists to believe
3443 that the licensee is unable to practice the profession because
3444 of the reasons stated in this paragraph, the department shall
3445 have the authority to compel a licensee to submit to a mental or
3446 physical examination by a physician designated by the
3447 department. If the licensee refuses to comply with the
3448 department's order, the department may file a petition for
3449 enforcement in the circuit court of the circuit in which the
3450 licensee resides or does business. The licensee may shall not be
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3451 named or identified by initials in any other public court
3452 records or documents and the enforcement proceedings shall be
3453 closed to the public. The department shall be entitled to the
3454 summary procedure provided in s. 51.011. A licensee affected
3455 under this paragraph shall be afforded an opportunity at
3456 reasonable intervals to demonstrate that she or he can resume
3457 the competent practice for which she or he is licensed with
3458 reasonable skill and safety to patients. Neither the record of
3459 proceedings nor the orders entered by the department board in
3460 any proceedings under this paragraph shall be used against a
3461 licensee in any other proceedings.
3462 (j) Knowingly maintaining a professional connection or
3463 association with any person who is in violation of the
3464 provisions of this chapter or the rules of the board or
3465 department. However, if the licensee verifies that the person is
3466 actively participating in a department-approved board-approved
3467 program for the treatment of a physical or mental condition, the
3468 licensee is required only to report such person to the
3469 consultant.
3470 (v) Failing to keep the equipment and premises of the
3471 business establishment in a clean and sanitary condition, having
3472 a premises permit suspended or revoked pursuant to s. 474.215,
3473 or operating or managing premises that do not comply with
3474 requirements established by rule of the department board.
3475 (aa) Failing to report to the department any person the
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3476 licensee knows to be in violation of this chapter or of the
3477 rules of the department or board. However, if the licensee
3478 verifies that the person is actively participating in a
3479 department-approved board-approved program for the treatment of
3480 a physical or mental condition, the licensee is required only to
3481 report such person to the consultant.
3482 (ee) Failing to keep contemporaneously written medical
3483 records as required by rule of the department board.
3484 (jj) Failing to report to the department board within 30
3485 days, in writing, any action set forth in paragraph (b) that has
3486 been taken against the practitioner's license to practice
3487 veterinary medicine by any jurisdiction, including any agency or
3488 subdivision thereof.
3489 (nn) Failing to report a change of address to the
3490 department board within 60 days thereof.
3491 (2) When the department board finds any applicant or
3492 veterinarian guilty of any of the grounds set forth in
3493 subsection (1), regardless of whether the violation occurred
3494 before prior to licensure, it may enter an order imposing one or
3495 more of the following penalties:
3496 (a) Denial of certification for examination or licensure.
3497 (b) Revocation or suspension of a license.
3498 (c) Imposition of an administrative fine not to exceed
3499 $5,000 for each count or separate offense.
3500 (d) Issuance of a reprimand.
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3501 (e) Placement of the veterinarian on probation for a
3502 period of time and subject to such conditions as the department
3503 board may specify, including requiring the veterinarian to
3504 attend continuing education courses or to work under the
3505 supervision of another veterinarian.
3506 (f) Restricting the authorized scope of practice.
3507 (g) Imposition of costs of the investigation and
3508 prosecution.
3509 (h) Requiring the veterinarian to undergo remedial
3510 education.
3511
3512 In determining appropriate action, the department board must
3513 first consider those sanctions necessary to protect the public.
3514 Only after those sanctions have been imposed may the
3515 disciplining authority consider and include in its order
3516 requirements designed to rehabilitate the veterinarian. All
3517 costs associated with compliance with any order issued under
3518 this subsection are the obligation of the veterinarian.
3519 (3) The department shall reissue the license of a
3520 disciplined veterinarian upon certification by the department
3521 board that the disciplined veterinarian has complied with all of
3522 the terms and conditions set forth in the final order and is
3523 capable of competently and safely engaging in the practice of
3524 veterinary medicine.
3525 Section 122. Subsections (1), (5), (7), (8), and (9) of
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3526 section 474.215, Florida Statutes, are amended to read:
3527 474.215 Premises permits.—
3528 (1) Any establishment, permanent or mobile, where a
3529 licensed veterinarian practices must have a premises permit
3530 issued by the department. Upon application and payment of a fee
3531 not to exceed $250, as set by rule of the board, the department
3532 shall cause such establishment to be inspected. A premises
3533 permit shall be issued if the establishment meets minimum
3534 standards, to be adopted by rule of the department board, as to
3535 sanitary conditions, recordkeeping, equipment, radiation
3536 monitoring, services required, and physical plant.
3537 (5) The department may issue a temporary premises permit
3538 to a responsible veterinarian who has submitted the application
3539 fee and a completed application form affirming compliance with
3540 the standards set by rule of the department board. If the
3541 department inspects the establishment and discovers that it is
3542 not in compliance with the department's standards, the
3543 department shall notify the veterinarian in writing of the
3544 deficiencies and shall provide 30 days for correction of the
3545 deficiencies and reinspection. Such temporary permit shall
3546 become void upon notification by the department that the
3547 establishment has failed, after reinspection, to meet those
3548 standards. Upon receipt of such notice, the responsible
3549 veterinarian shall close the establishment until completion of a
3550 subsequent inspection affirming that the required standards have
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3551 been met and until another permit has been issued by the
3552 department.
3553 (7) The department board by rule shall establish minimum
3554 standards for the operation of limited service veterinary
3555 medical practices. Such rules may shall not restrict limited
3556 service veterinary medical practices and shall be consistent
3557 with the type of limited veterinary medical service provided.
3558 (a) Any person that offers or provides limited service
3559 veterinary medical practice shall obtain a biennial permit from
3560 the department board the cost of which may shall not exceed
3561 $250. The limited service permittee shall register each location
3562 where a limited service clinic is held and shall pay a fee set
3563 by rule not to exceed $25 to register each such location.
3564 (b) All permits issued under this subsection are subject
3565 to the provisions of ss. 474.213 and 474.214.
3566 (c) Notwithstanding any provision of this subsection to
3567 the contrary, any temporary rabies vaccination effort operated
3568 by a county health department in response to a public health
3569 threat, as declared by the State Health Officer in consultation
3570 with the State Veterinarian, is not subject to any
3571 preregistration, time limitation, or fee requirements, but must
3572 adhere to all other requirements for limited service veterinary
3573 medical practice as prescribed by rule. The fee charged to the
3574 public for a rabies vaccination administered during such
3575 temporary rabies vaccination effort may not exceed the actual
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3576 cost of administering the rabies vaccine. Such rabies
3577 vaccination efforts may not be used for any purpose other than
3578 to address the public health consequences of the rabies
3579 outbreak. The department board shall be immediately notified in
3580 writing of any temporary rabies vaccination effort operated
3581 under this paragraph.
3582 (8) Any person who is not a veterinarian licensed under
3583 this chapter but who desires to own and operate a veterinary
3584 medical establishment or limited service clinic shall apply to
3585 the department board for a premises permit. If the department
3586 board certifies that the applicant complies with the applicable
3587 laws and rules of the department board, the department shall
3588 issue a premises permit. No permit shall be issued unless a
3589 licensed veterinarian is designated to undertake the
3590 professional supervision of the veterinary medical practice and
3591 the minimum standards set by rule of the department board for
3592 premises where veterinary medicine is practiced. Upon
3593 application, the department shall submit the permittee's name
3594 for a statewide criminal records correspondence check through
3595 the Department of Law Enforcement. The permittee shall notify
3596 the department board within 10 days after any designation of a
3597 new licensed veterinarian responsible for such duties. A
3598 permittee under this subsection is subject to the provisions of
3599 subsection (9) and s. 474.214.
3600 (9)(a) The department or the board may deny, revoke, or
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3601 suspend the permit of any permittee under this section and may
3602 fine, place on probation, or otherwise discipline any such
3603 permittee who has:
3604 1. Obtained a permit by misrepresentation or fraud or
3605 through an error of the department or board;
3606 2. Attempted to procure, or has procured, a permit for any
3607 other person by making, or causing to be made, any false
3608 representation;
3609 3. Violated any of the requirements of this chapter or any
3610 rule of the department board; or
3611 4. Been convicted or found guilty of, or entered a plea of
3612 nolo contendere to, regardless of adjudication, a felony in any
3613 court of this state, of any other state, or of the United
3614 States.
3615 (b) If the permit is revoked or suspended, the owner,
3616 manager, or proprietor shall cease to operate the premises as a
3617 veterinary medical practice as of the effective date of the
3618 suspension or revocation. In the event of such revocation or
3619 suspension, the owner, manager, or proprietor shall remove from
3620 the premises all signs and symbols identifying the premises as a
3621 veterinary medical practice. The period of any such suspension
3622 shall be prescribed by rule of the department board, but may not
3623 exceed 1 year. If the permit is revoked, the person owning or
3624 operating the establishment may not apply for a permit to
3625 operate a premises for a period of 1 year after the effective
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3626 date of such revocation. Upon the effective date of such
3627 revocation, the permittee must advise the department board of
3628 the disposition of all medicinal drugs and must provide for
3629 ensuring the security, confidentiality, and availability to
3630 clients of all patient medical records.
3631 Section 123. Section 474.216, Florida Statutes, is amended
3632 to read:
3633 474.216 License and premises permit to be displayed.—Each
3634 person to whom a license or premises permit is issued shall keep
3635 such document conspicuously displayed in her or his office,
3636 place of business, or place of employment, whether a permanent
3637 or mobile veterinary establishment or clinic, and shall,
3638 whenever required, exhibit said document to any member or
3639 authorized representative of the department board.
3640 Section 124. Subsections (6), (8), (10), and (11) of
3641 section 474.2165, Florida Statutes, are amended to read:
3642 474.2165 Ownership and control of veterinary medical
3643 patient records; report or copies of records to be furnished.—
3644 (6) The department may obtain patient records pursuant to
3645 a subpoena without written authorization from the client if the
3646 department and the probable cause panel of the board find
3647 reasonable cause to believe that a veterinarian has excessively
3648 or inappropriately prescribed any controlled substance specified
3649 in chapter 893 in violation of this chapter or that a
3650 veterinarian has practiced his or her profession below that
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3651 level of care, skill, and treatment required as defined by this
3652 chapter.
3653 (8) Notwithstanding the provisions of s. 455.242, records
3654 owners shall notify the department board office when they are
3655 terminating practice, retiring, or relocating and are no longer
3656 available to patients, specifying who the new records owner is
3657 and where the medical records can be found.
3658 (10) Veterinarians in violation of the provisions of this
3659 section shall be disciplined by the department board.
3660 (11) A records owner furnishing copies of reports or
3661 records pursuant to this section shall charge no more than the
3662 actual cost of copying, including reasonable staff time, or the
3663 amount specified in administrative rule by the department board.
3664 Section 125. Subsection (1) of section 474.217, Florida
3665 Statutes, is amended to read:
3666 474.217 Licensure by endorsement.—
3667 (1) The department shall issue a license by endorsement to
3668 any applicant who, upon applying to the department and remitting
3669 a fee set by the department board, demonstrates to the
3670 department board that she or he:
3671 (a) Has demonstrated, in a manner designated by rule of
3672 the department board, knowledge of the laws and rules governing
3673 the practice of veterinary medicine in this state; and
3674 (b)1. Holds, and has held for the 3 years immediately
3675 preceding the application for licensure, a valid, active license
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3676 to practice veterinary medicine in another state of the United
3677 States, the District of Columbia, or a territory of the United
3678 States, provided that the applicant has successfully completed a
3679 state, regional, national, or other examination that is
3680 equivalent to or more stringent than the examination required by
3681 the department board; or
3682 2. Meets the qualifications of s. 474.207(2)(b) and has
3683 successfully completed a state, regional, national, or other
3684 examination which is equivalent to or more stringent than the
3685 examination given by the department and has passed the board's
3686 clinical competency examination or another clinical competency
3687 examination specified by rule of the department board.
3688 Section 126. Section 474.221, Florida Statutes, is amended
3689 to read:
3690 474.221 Impaired practitioner provisions; applicability.—
3691 Notwithstanding the transfer of the Division of Medical Quality
3692 Assurance to the Department of Health or any other provision of
3693 law to the contrary, veterinarians licensed under this chapter
3694 shall be governed by the impaired practitioner program
3695 provisions of s. 456.076 as if they were under the jurisdiction
3696 of the Division of Medical Quality Assurance, except that for
3697 veterinarians the Department of Business and Professional
3698 Regulation shall, at its option, exercise any of the powers
3699 granted to the Department of Health by that section, and "board"
3700 shall mean board as defined in this chapter.
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3701 Section 127. Subsection (4) of section 476.034, Florida
3702 Statutes, is amended to read:
3703 476.034 Definitions.—As used in this act:
3704 (4) "Board" means the Barbers' Board.
3705 Section 128. Subsection (2) of section 476.074, Florida
3706 Statutes, is amended to read:
3707 476.074 Legal, investigative, and inspection services.—
3708 (2) The department shall provide all investigative
3709 services required by the board or the department in carrying out
3710 the provisions of this act.
3711 Section 129. Paragraph (c) of subsection (2) and
3712 subsection (3) of section 476.114, Florida Statutes, are amended
3713 to read:
3714 476.114 Examination; prerequisites.—
3715 (2) An applicant is eligible for licensure by examination
3716 to practice barbering if the applicant:
3717 (c) Has received a minimum of 900 hours of training in
3718 sanitation, safety, and laws and rules, as established by the
3719 department board, which must include, but is not limited to, the
3720 equivalent of completion of services directly related to the
3721 practice of barbering at one of the following:
3722 1. A school of barbering licensed pursuant to chapter
3723 1005;
3724 2. A barbering program within the public school system; or
3725 3. A government-operated barbering program in this state.
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3726
3727 The department board shall establish by rule procedures whereby
3728 the school or program may certify that a person is qualified to
3729 take the required examination after the completion of a minimum
3730 of 600 actual school hours. If the person passes the
3731 examination, she or he has satisfied this requirement; but if
3732 the person fails the examination, she or he may not be qualified
3733 to take the examination again until the completion of the full
3734 requirements provided by this section.
3735 (3) An applicant who meets the requirements set forth in
3736 paragraph (2)(c) who fails to pass the examination may take
3737 subsequent examinations as many times as necessary to pass,
3738 except that the department board may specify by rule reasonable
3739 timeframes for rescheduling the examination and additional
3740 training requirements for applicants who, after the third
3741 attempt, fail to pass the examination. Before Prior to
3742 reexamination, the applicant must file the appropriate form and
3743 pay the reexamination fee as required by rule.
3744 Section 130. Subsections (1) and (2) of section 476.134,
3745 Florida Statutes, are amended to read:
3746 476.134 Examinations.—
3747 (1) Examinations of applicants for licenses as barbers
3748 shall be offered not less than four times each year. The
3749 examination of applicants for licenses as barbers shall include
3750 a written test. The department may board shall have the
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3751 authority to adopt rules with respect to the examination of
3752 applicants for licensure. The department board may provide rules
3753 with respect to written examinations in such manner as the
3754 department board may deem fit.
3755 (2) The department board shall adopt rules specifying the
3756 areas of competency to be covered by the examination. Such rules
3757 shall include the relative weight assigned in grading each area.
3758 All areas tested shall be reasonably related to the protection
3759 of the public and the applicant's competency to practice
3760 barbering in a manner which will not endanger the public.
3761 Section 131. Subsections (1), (2), (5), and (6) of section
3762 476.144, Florida Statutes, are amended to read:
3763 476.144 Licensure.—
3764 (1) The department shall license any applicant who the
3765 department board certifies is qualified to practice barbering in
3766 this state.
3767 (2) The department board shall certify for licensure any
3768 applicant who satisfies the requirements of s. 476.114, and who
3769 passes the required examination, achieving a passing grade as
3770 established by department board rule.
3771 (5) The department board shall certify as qualified for
3772 licensure by endorsement as a barber in this state an applicant
3773 who holds a current active license to practice barbering in
3774 another state. The department board shall adopt rules specifying
3775 procedures for the licensure by endorsement of practitioners
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3776 desiring to be licensed in this state who hold a current active
3777 license in another country and who have met qualifications
3778 substantially similar to, equivalent to, or greater than the
3779 qualifications required of applicants from this state.
3780 (6) A person may apply for a restricted license to
3781 practice barbering. The department board shall adopt rules
3782 specifying procedures for an applicant to obtain a restricted
3783 license if the applicant:
3784 (a)1. Has successfully completed a restricted barber
3785 course, as established by rule of the department board, at a
3786 school of barbering licensed pursuant to chapter 1005, a
3787 barbering program within the public school system, or a
3788 government-operated barbering program in this state; or
3789 2.a. Holds or has within the previous 5 years held an
3790 active valid license to practice barbering in another state or
3791 country or has held a Florida barbering license which has been
3792 declared null and void for failure to renew the license, and the
3793 applicant fulfilled the requirements of s. 476.114(2)(c) for
3794 initial licensure; and
3795 b. Has not been disciplined relating to the practice of
3796 barbering in the previous 5 years; and
3797 (b) Passes a written examination on the laws and rules
3798 governing the practice of barbering in Florida, as established
3799 by the department board.
3800
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3801 The restricted license shall limit the licensee's practice to
3802 those specific areas in which the applicant has demonstrated
3803 competence pursuant to rules adopted by the department board.
3804 Section 132. Subsection (2) of section 476.154, Florida
3805 Statutes, is amended to read:
3806 476.154 Biennial renewal of licenses.—
3807 (2) Any license or certificate of registration issued
3808 pursuant to this act for a period less than the established
3809 biennial issuance period may be issued for that lesser period of
3810 time, and the department shall adjust the required fee
3811 accordingly. The department board shall adopt rules providing
3812 for such partial period fee adjustments.
3813 Section 133. Subsection (2) of section 476.155, Florida
3814 Statutes, is amended to read:
3815 476.155 Inactive status; reactivation of inactive
3816 license.—
3817 (2) The department board shall adopt promulgate rules
3818 relating to licenses which have become inactive and for the
3819 renewal of inactive licenses. The department board shall
3820 prescribe by rule a fee not to exceed $100 for the reactivation
3821 of an inactive license and a fee not to exceed $50 for the
3822 renewal of an inactive license.
3823 Section 134. Subsection (1) of section 476.192, Florida
3824 Statutes, is amended to read:
3825 476.192 Fees; disposition.—
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3826 (1) The department board shall set by rule fees according
3827 to the following schedule:
3828 (a) For barbers, fees for original licensing, license
3829 renewal, and delinquent renewal may shall not exceed $100.
3830 (b) For barbers, fees for endorsement application,
3831 examination, and reexamination may shall not exceed $150.
3832 (c) For barbershops, fees for license application,
3833 original licensing, license renewal, and delinquent renewal may
3834 shall not exceed $150.
3835 (d) For duplicate licenses and certificates, fees may
3836 shall not exceed $25.
3837 Section 135. Paragraph (i) of subsection (1) and
3838 subsection (2) of section 476.204, Florida Statutes, are amended
3839 to read:
3840 476.204 Penalties.—
3841 (1) It is unlawful for any person to:
3842 (i) Violate or refuse to comply with any provision of this
3843 chapter or chapter 455 or a rule or final order of the
3844 department board.
3845 (2) Any person who violates any provision of this section
3846 shall be subject to one or more of the following penalties, as
3847 determined by the department board:
3848 (a) Revocation or suspension of any license or
3849 registration issued pursuant to this chapter.
3850 (b) Issuance of a reprimand or censure.
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3851 (c) Imposition of an administrative fine not to exceed
3852 $500 for each count or separate offense.
3853 (d) Placement on probation for a period of time and
3854 subject to such reasonable conditions as the department board
3855 may specify.
3856 (e) Refusal to certify to the department an applicant for
3857 licensure.
3858 Section 136. Section 476.214, Florida Statutes, is amended
3859 to read:
3860 476.214 Grounds for suspending, revoking, or refusing to
3861 grant license or certificate.—
3862 (1) The department may board shall have the power to
3863 revoke or suspend any license, registration card, or certificate
3864 of registration issued pursuant to this act, or to reprimand,
3865 censure, deny subsequent licensure of, or otherwise discipline
3866 any holder of a license, registration card, or certificate of
3867 registration issued pursuant to this act, for any of the
3868 following causes:
3869 (a) Gross malpractice or gross incompetency in the
3870 practice of barbering;
3871 (b) Practice by a person knowingly having an infectious or
3872 contagious disease; or
3873 (c) Commission of any of the offenses described in s.
3874 476.194.
3875 (2) The department board shall keep a record of its
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3876 disciplinary proceedings against holders of licenses or
3877 certificates of registration issued pursuant to this act.
3878 (3) The department may shall not issue or renew a license
3879 or certificate of registration under this chapter to any person
3880 against whom or barbershop against which the department board
3881 has assessed a fine, interest, or costs associated with
3882 investigation and prosecution until the person or barbershop has
3883 paid in full such fine, interest, or costs associated with
3884 investigation and prosecution or until the person or barbershop
3885 complies with or satisfies all terms and conditions of the final
3886 order.
3887 Section 137. Section 476.234, Florida Statutes, is amended
3888 to read:
3889 476.234 Civil proceedings.—In addition to any other
3890 remedy, the department may file a proceeding in the name of the
3891 state seeking issuance of a restraining order, injunction, or
3892 writ of mandamus against any person who is or has been violating
3893 any of the provisions of this act or the lawful rules or orders
3894 of the board, commission, or department.
3895 Section 138. Subsections (2) through (13) of section
3896 477.013, Florida Statutes, are renumbered as subsections (1)
3897 through (12), respectively, and present subsections (1) and (8)
3898 of that section are amended, to read:
3899 477.013 Definitions.—As used in this chapter:
3900 (1) "Board" means the Board of Cosmetology.
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3901 (8) "Specialty salon" means any place of business wherein
3902 the practice of one or all of the specialties as defined in
3903 subsection (5) (6) are engaged in or carried on.
3904 Section 139. Subsections (7), (8), and (9) of section
3905 477.0135, Florida Statutes, are amended to read:
3906 477.0135 Exemptions.—
3907 (7) A license or registration is not required for a person
3908 whose occupation or practice is confined solely to hair braiding
3909 as defined in s. 477.013(8) s. 477.013(9).
3910 (8) A license or registration is not required for a person
3911 whose occupation or practice is confined solely to hair wrapping
3912 as defined in s. 477.013(9) s. 477.013(10).
3913 (9) A license or registration is not required for a person
3914 whose occupation or practice is confined solely to body wrapping
3915 as defined in s. 477.013(11) s. 477.013(12).
3916 Section 140. Section 477.016, Florida Statutes, is amended
3917 to read:
3918 477.016 Rulemaking.—
3919 (1) The department board may adopt rules pursuant to ss.
3920 120.536(1) and 120.54 to implement the provisions of this
3921 chapter conferring duties upon it.
3922 (2) The department board may by rule adopt any restriction
3923 established by a regulation of the United States Food and Drug
3924 Administration related to the use of a cosmetic product or any
3925 substance used in the practice of cosmetology if the department
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3926 board finds that the product or substance poses a risk to the
3927 health, safety, and welfare of clients or persons providing
3928 cosmetology services.
3929 Section 141. Section 477.018, Florida Statutes, is amended
3930 to read:
3931 477.018 Investigative services.—The department shall
3932 provide all investigative services required by the board or the
3933 department in carrying out the provisions of this act.
3934 Section 142. Subsections (2), (3), (5), (6), and (7) of
3935 section 477.019, Florida Statutes, are amended to read:
3936 477.019 Cosmetologists; qualifications; licensure;
3937 supervised practice; license renewal; endorsement; continuing
3938 education.—
3939 (2) An applicant is eligible for licensure by examination
3940 to practice cosmetology if the applicant:
3941 (a) Is at least 16 years of age or has received a high
3942 school diploma;
3943 (b) Pays the required application fee, which is not
3944 refundable, and the required examination fee, which is
3945 refundable if the applicant is determined to not be eligible for
3946 licensure for any reason other than failure to successfully
3947 complete the licensure examination; and
3948 (c) Has received a minimum of 1,200 hours of training as
3949 established by the department board, which must include, but is
3950 not limited to, the equivalent of completion of services
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3951 directly related to the practice of cosmetology at one of the
3952 following:
3953 1. A school of cosmetology licensed pursuant to chapter
3954 1005.
3955 2. A cosmetology program within the public school system.
3956 3. The Cosmetology Division of the Florida School for the
3957 Deaf and the Blind, provided the division meets the standards of
3958 this chapter.
3959 4. A government-operated cosmetology program in this
3960 state.
3961
3962 The department board shall establish by rule procedures whereby
3963 the school or program may certify that a person is qualified to
3964 take the required examination after the completion of a minimum
3965 of 1,000 actual school hours. If the person then passes the
3966 examination, he or she has satisfied this requirement; but if
3967 the person fails the examination, he or she may not be qualified
3968 to take the examination again until the completion of the full
3969 requirements provided by this section.
3970 (3) Upon an applicant receiving a passing grade, as
3971 established by department board rule, on the examination and
3972 paying the initial licensing fee, the department shall issue a
3973 license to practice cosmetology.
3974 (5) Renewal of license registration shall be accomplished
3975 pursuant to rules adopted by the department board.
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3976 (6) The department board shall certify as qualified for
3977 licensure by endorsement as a cosmetologist in this state an
3978 applicant who holds a current active license to practice
3979 cosmetology in another state.
3980 (7)(a) The board shall prescribe by rule continuing
3981 education requirements intended to ensure protection of the
3982 public through updated training of licensees and registered
3983 specialists, not to exceed 10 hours biennially, as a condition
3984 for renewal of a license or registration as a specialist under
3985 this chapter. Continuing education courses shall include, but
3986 not be limited to, the following subjects as they relate to the
3987 practice of cosmetology: human immunodeficiency virus and
3988 acquired immune deficiency syndrome; Occupational Safety and
3989 Health Administration regulations; workers' compensation issues;
3990 state and federal laws and rules as they pertain to
3991 cosmetologists, cosmetology, salons, specialists, specialty
3992 salons, and booth renters; chemical makeup as it pertains to
3993 hair, skin, and nails; and environmental issues. Courses given
3994 at cosmetology conferences may be counted toward the number of
3995 continuing education hours required if approved by the board.
3996 (b) The board may, by rule, require any licensee in
3997 violation of a continuing education requirement to take a
3998 refresher course or refresher course and examination in addition
3999 to any other penalty. The number of hours for the refresher
4000 course may not exceed 48 hours.
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4001 Section 143. Paragraphs (b) and (c) of subsection (1) and
4002 subsections (4) and (5) of section 477.0201, Florida Statutes,
4003 are amended to read:
4004 477.0201 Specialty registration; qualifications;
4005 registration renewal; endorsement.—
4006 (1) Any person is qualified for registration as a
4007 specialist in any specialty practice within the practice of
4008 cosmetology under this chapter who:
4009 (b) Has received a certificate of completion for:
4010 1. One hundred and eighty hours of training, as
4011 established by the department board, which shall focus primarily
4012 on sanitation and safety, to practice specialties as defined in
4013 s. 477.013(11)(a) and (b) s. 477.013(6)(a) and (b);
4014 2. Two hundred and twenty hours of training, as
4015 established by the department board, which shall focus primarily
4016 on sanitation and safety, to practice the specialty as defined
4017 in s. 477.013(11)(c) s. 477.013(6)(c); or
4018 3. Four hundred hours of training or the number of hours
4019 of training required to maintain minimum Pell Grant
4020 requirements, as established by the department board, which
4021 shall focus primarily on sanitation and safety, to practice the
4022 specialties as defined in s. 477.013(11)(a)-(c) s.
4023 477.013(6)(a)-(c).
4024 (c) The certificate of completion specified in paragraph
4025 (b) must be from one of the following:
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4026 1. A school licensed pursuant to s. 477.023.
4027 2. A school licensed pursuant to chapter 1005 or the
4028 equivalent licensing authority of another state.
4029 3. A specialty program within the public school system.
4030 4. A specialty division within the Cosmetology Division of
4031 the Florida School for the Deaf and the Blind, provided the
4032 training programs comply with minimum curriculum requirements
4033 established by the department board.
4034 (4) Renewal of registration shall be accomplished pursuant
4035 to rules adopted by the department board.
4036 (5) The department board shall adopt rules specifying
4037 procedures for the registration of specialty practitioners
4038 desiring to be registered in this state who have been registered
4039 or licensed and are practicing in states which have registering
4040 or licensing standards substantially similar to, equivalent to,
4041 or more stringent than the standards of this state.
4042 Section 144. Subsection (2) of section 477.0212, Florida
4043 Statutes, is amended to read:
4044 477.0212 Inactive status.—
4045 (2) The department board shall adopt rules relating to
4046 licenses that become inactive and for the renewal of inactive
4047 licenses. The rules may not require more than one renewal cycle
4048 of continuing education to reactivate a license. The department
4049 board shall prescribe by rule a fee not to exceed $50 for the
4050 reactivation of an inactive license and a fee not to exceed $50
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4051 for the renewal of an inactive license.
4052 Section 145. Subsections (1) and (2) of section 477.022,
4053 Florida Statutes, are amended to read:
4054 477.022 Examinations.—
4055 (1) The department board shall ensure that examinations
4056 adequately measure both an applicant's competency and her or his
4057 knowledge of related statutory requirements. Professional
4058 testing services may be utilized to formulate the examinations.
4059 The department board may offer a written clinical examination or
4060 a performance examination, or both, in addition to a written
4061 theory examination.
4062 (2) The department board shall ensure that examinations
4063 comply with state and federal equal employment opportunity
4064 guidelines.
4065 Section 146. Subsections (2), (8), (9), and (10) of
4066 section 477.025, Florida Statutes, are amended to read:
4067 477.025 Cosmetology salons; specialty salons; requisites;
4068 licensure; inspection; mobile cosmetology salons.—
4069 (2) The department board shall adopt rules governing the
4070 licensure and operation of salons and specialty salons and their
4071 facilities, personnel, safety and sanitary requirements, and the
4072 license application and granting process.
4073 (8) Renewal of license registration for cosmetology salons
4074 or specialty salons shall be accomplished pursuant to rules
4075 adopted by the department board. The department board is further
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4076 authorized to adopt rules governing delinquent renewal of
4077 licenses and may impose penalty fees for delinquent renewal.
4078 (9) The department board is authorized to adopt rules
4079 governing the periodic inspection of cosmetology salons and
4080 specialty salons licensed under this chapter.
4081 (10)(a) The department board shall adopt rules governing
4082 the licensure, operation, and inspection of mobile cosmetology
4083 salons, including their facilities, personnel, and safety and
4084 sanitary requirements.
4085 (b) Each mobile salon must comply with all licensure and
4086 operating requirements specified in this chapter or chapter 455
4087 or rules of the board or department that apply to cosmetology
4088 salons at fixed locations, except to the extent that such
4089 requirements conflict with this subsection or rules adopted
4090 pursuant to this subsection.
4091 (c) A mobile cosmetology salon must maintain a permanent
4092 business address, located in the inspection area of the local
4093 department office, at which records of appointments,
4094 itineraries, license numbers of employees, and vehicle
4095 identification numbers of the licenseholder's mobile salon shall
4096 be kept and made available for verification purposes by
4097 department personnel, and at which correspondence from the
4098 department can be received.
4099 (d) To facilitate periodic inspections of mobile
4100 cosmetology salons, before prior to the beginning of each month
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4101 each mobile salon licenseholder must file with the department
4102 board a written monthly itinerary listing the locations where
4103 and the dates and hours when the mobile salon will be operating.
4104 (e) The department board shall establish fees for mobile
4105 cosmetology salons, not to exceed the fees for cosmetology
4106 salons at fixed locations.
4107 (f) The operation of mobile cosmetology salons must be in
4108 compliance with all local laws and ordinances regulating
4109 business establishments, with all applicable requirements of the
4110 Americans with Disabilities Act relating to accommodations for
4111 persons with disabilities, and with all applicable OSHA
4112 requirements.
4113 Section 147. Section 477.026, Florida Statutes, is amended
4114 to read:
4115 477.026 Fees; disposition.—
4116 (1) The department board shall set fees according to the
4117 following schedule:
4118 (a) For cosmetologists, fees for original licensing,
4119 license renewal, and delinquent renewal may shall not exceed
4120 $50.
4121 (b) For cosmetologists, fees for endorsement application,
4122 examination, and reexamination may shall not exceed $50.
4123 (c) For cosmetology and specialty salons, fees for license
4124 application, original licensing, license renewal, and delinquent
4125 renewal may shall not exceed $50.
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4126 (d) For specialists, fees for application and endorsement
4127 registration may shall not exceed $30.
4128 (e) For specialists, fees for initial registration,
4129 registration renewal, and delinquent renewal may shall not
4130 exceed $50.
4131 (2) All moneys collected by the department from fees
4132 authorized by this chapter shall be paid into the Professional
4133 Regulation Trust Fund, which fund is created in the department,
4134 and shall be applied in accordance with ss. 215.37 and 455.219.
4135 The Legislature may appropriate any excess moneys from this fund
4136 to the General Revenue Fund.
4137 (3) The department, with the advice of the department
4138 board, shall prepare and submit a proposed budget in accordance
4139 with law.
4140 Section 148. Subsections (2) and (4) of section 477.0263,
4141 Florida Statutes, are amended to read:
4142 477.0263 Cosmetology services to be performed in licensed
4143 salon; exceptions.—
4144 (2) Pursuant to rules established by the department board,
4145 cosmetology services may be performed by a licensed
4146 cosmetologist in a location other than a licensed salon,
4147 including, but not limited to, a nursing home, hospital, or
4148 residence, when a client for reasons of ill health is unable to
4149 go to a licensed salon. Arrangements for the performance of such
4150 cosmetology services in a location other than a licensed salon
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4151 shall be made only through a licensed salon.
4152 (4) Pursuant to rules adopted by the department board, any
4153 cosmetology or specialty service may be performed in a location
4154 other than a licensed salon when the service is performed in
4155 connection with a special event and is performed by a person who
4156 holds the proper license or specialty registration.
4157 Section 149. Section 477.028, Florida Statutes, is amended
4158 to read:
4159 477.028 Disciplinary proceedings.—
4160 (1) The department may board shall have the power to
4161 revoke or suspend the license of a cosmetologist licensed under
4162 this chapter, or the registration of a specialist registered
4163 under this chapter, and to reprimand, censure, deny subsequent
4164 licensure or registration of, or otherwise discipline a
4165 cosmetologist or a specialist licensed or registered under this
4166 chapter in any of the following cases:
4167 (a) Upon proof that a license or registration has been
4168 obtained by fraud or misrepresentation.
4169 (b) Upon proof that the holder of a license or
4170 registration is guilty of fraud or deceit or of gross
4171 negligence, incompetency, or misconduct in the practice or
4172 instruction of cosmetology or a specialty.
4173 (c) Upon proof that the holder of a license or
4174 registration is guilty of aiding, assisting, procuring, or
4175 advising any unlicensed person to practice as a cosmetologist.
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4176 (2) The department may board shall have the power to
4177 revoke or suspend the license of a cosmetology salon or a
4178 specialty salon licensed under this chapter, to deny subsequent
4179 licensure of such salon, or to reprimand, censure, or otherwise
4180 discipline the owner of such salon in either of the following
4181 cases:
4182 (a) Upon proof that a license has been obtained by fraud
4183 or misrepresentation.
4184 (b) Upon proof that the holder of a license is guilty of
4185 fraud or deceit or of gross negligence, incompetency, or
4186 misconduct in the operation of the salon so licensed.
4187 (3) Disciplinary proceedings shall be conducted pursuant
4188 to the provisions of chapter 120.
4189 (4) The department may shall not issue or renew a license
4190 or certificate of registration under this chapter to any person
4191 against whom or salon against which the department board has
4192 assessed a fine, interest, or costs associated with
4193 investigation and prosecution until the person or salon has paid
4194 in full such fine, interest, or costs associated with
4195 investigation and prosecution or until the person or salon
4196 complies with or satisfies all terms and conditions of the final
4197 order.
4198 Section 150. Paragraph (i) of subsection (1) and
4199 subsection (2) of section 477.029, Florida Statutes, are amended
4200 to read:
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4201 477.029 Penalty.—
4202 (1) It is unlawful for any person to:
4203 (i) Violate or refuse to comply with any provision of this
4204 chapter or chapter 455 or a rule or final order of the board or
4205 the department.
4206 (2) Any person who violates the provisions of this section
4207 shall be subject to one or more of the following penalties, as
4208 determined by the department board:
4209 (a) Revocation or suspension of any license or
4210 registration issued pursuant to this chapter.
4211 (b) Issuance of a reprimand or censure.
4212 (c) Imposition of an administrative fine not to exceed
4213 $500 for each count or separate offense.
4214 (d) Placement on probation for a period of time and
4215 subject to such reasonable conditions as the department board
4216 may specify.
4217 (e) Refusal to certify to the department an applicant for
4218 licensure.
4219 Section 151. Subsections (4) through (16) of section
4220 481.203, Florida Statutes, are renumbered as subsections (3)
4221 through (15), respectively, and subsection (3) and present
4222 subsection (8) of that section are amended, to read:
4223 481.203 Definitions.—As used in this part, the term:
4224 (3) "Board" means the Board of Architecture and Interior
4225 Design.
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4226 (7)(8) "Diversified interior design experience" means
4227 experience which substantially encompasses the various elements
4228 of interior design services set forth under the definition of
4229 "interior design" in subsection (9) (10).
4230 Section 152. Section 481.207, Florida Statutes, is amended
4231 to read:
4232 481.207 Fees.—The department board, by rule, may establish
4233 fees for architects and registered interior designers, to be
4234 paid for applications, examination, reexamination, licensing and
4235 renewal, delinquency, reinstatement, and recordmaking and
4236 recordkeeping. The examination fee shall be in an amount that
4237 covers the cost of obtaining and administering the examination
4238 and shall be refunded if the applicant is found ineligible to
4239 sit for the examination. The application fee is nonrefundable.
4240 The fee for initial application and examination for architects
4241 may not exceed $775 plus the actual per applicant cost to the
4242 department for purchase of the examination from the National
4243 Council of Architectural Registration Boards or similar national
4244 organizations. The initial nonrefundable fee for registered
4245 interior designers may not exceed $75. The biennial renewal fee
4246 for architects may not exceed $200. The biennial renewal fee for
4247 registered interior designers may not exceed $75. The
4248 delinquency fee may not exceed the biennial renewal fee
4249 established by the department board for an active license. The
4250 department board shall establish fees that are adequate to
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4251 ensure the continued operation of the department board and to
4252 fund the proportionate expenses incurred by the department which
4253 are allocated to the regulation of architects and registered
4254 interior designers. Fees shall be based on department estimates
4255 of the revenue required to implement this part and the
4256 provisions of law with respect to the regulation of architects
4257 and interior designers.
4258 Section 153. Subsection (1) of section 481.209, Florida
4259 Statutes, is amended to read:
4260 481.209 Examinations.—
4261 (1) A person desiring to be licensed as a registered
4262 architect by initial examination shall apply to the department,
4263 complete the application form, and remit a nonrefundable
4264 application fee. The department shall license any applicant who
4265 the department board certifies has passed the licensure
4266 examination prescribed by department board rule and is a
4267 graduate of a school or college of architecture with a program
4268 accredited by the National Architectural Accreditation Board.
4269 Section 154. Section 481.211, Florida Statutes, is amended
4270 to read:
4271 481.211 Architecture internship required.—An applicant for
4272 licensure as a registered architect shall complete, before
4273 licensure, an internship of diversified architectural experience
4274 approved by the department board, which meets the requirements
4275 set forth by rule.
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4276 Section 155. Subsections (3), (4), and (5) of section
4277 481.215, Florida Statutes, are amended to read:
4278 481.215 Renewal of license or certificate of
4279 registration.—
4280 (3) A license or certificate of registration renewal may
4281 not be issued to an architect or a registered interior designer
4282 by the department until the licensee or registrant submits proof
4283 satisfactory to the department that, during the 2 years before
4284 application for renewal, the licensee or registrant participated
4285 per biennium in not less than 20 hours of at least 50 minutes
4286 each per biennium of continuing education approved by the board.
4287 The board shall approve only continuing education that builds
4288 upon the basic knowledge of architecture or interior design. The
4289 board may make exception from the requirements of continuing
4290 education in emergency or hardship cases.
4291 (4) The board shall by rule establish criteria for the
4292 approval of continuing education courses and providers and shall
4293 by rule establish criteria for accepting alternative
4294 nonclassroom continuing education on an hour-for-hour basis.
4295 (5) For a license or certificate of registration, the
4296 board shall require, by rule adopted pursuant to ss. 120.536(1)
4297 and 120.54, 2 hours in specialized or advanced courses on any
4298 portion of the Florida Building Code, adopted pursuant to part
4299 IV of chapter 553, relating to the licensee's respective area of
4300 practice. Such hours count toward the continuing education hours
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4301 required under subsection (3). A licensee may complete the
4302 courses required under this subsection online.
4303 Section 156. Section 481.217, Florida Statutes, is amended
4304 to read:
4305 481.217 Inactive status.—
4306 (1) The board may prescribe by rule continuing education
4307 requirements as a condition of reactivating a license. The rules
4308 may not require more than one renewal cycle of continuing
4309 education to reactivate a license or registration for a
4310 registered architect or registered interior designer.
4311 (2) The department board shall adopt rules relating to
4312 application procedures for inactive status and for the
4313 reactivation of inactive licenses and registrations.
4314 Section 157. Section 481.222, Florida Statutes, is amended
4315 to read:
4316 481.222 Architects performing building code inspection
4317 services.—Notwithstanding any other provision of law, a person
4318 who is currently licensed to practice as an architect under this
4319 part may provide building code inspection services described in
4320 s. 468.603(4) and (7) s. 468.603(5) and (8) to a local
4321 government or state agency upon its request, without being
4322 certified by the Florida Building Code Administrators and
4323 Inspectors licensing program Board under part XII of chapter
4324 468. With respect to the performance of such building code
4325 inspection services, the architect is subject to the
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4326 disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
4327 Any complaint processing, investigation, and discipline that
4328 arise out of an architect's performance of building code
4329 inspection services shall be conducted by the Department of
4330 Business and Professional Regulation Board of Architecture and
4331 Interior Design rather than the Florida Building Code
4332 Administrators and Inspectors Board. An architect may not
4333 perform plans review as an employee of a local government upon
4334 any job that the architect or the architect's company designed.
4335 Section 158. Paragraphs (a), (g), and (i) of subsection
4336 (1) and subsections (2), (3), and (4) of section 481.225,
4337 Florida Statutes, are amended to read:
4338 481.225 Disciplinary proceedings against registered
4339 architects.—
4340 (1) The following acts constitute grounds for which the
4341 disciplinary actions in subsection (3) may be taken:
4342 (a) Violating any provision of s. 455.227(1), s. 481.221,
4343 or s. 481.223, or any rule of the board or department lawfully
4344 adopted pursuant to this part or chapter 455.
4345 (g) Committing an act of fraud or deceit, or of
4346 negligence, incompetency, or misconduct, in the practice of
4347 architecture, including, but not limited to, allowing the
4348 preparation of any architectural studies, plans, or other
4349 instruments of service in an office that does not have a full-
4350 time Florida-registered architect assigned to such office or
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4351 failing to ensure the responsible supervising control of
4352 services or projects, as required by department board rule.
4353 (i) Aiding, assisting, procuring, or advising any
4354 unlicensed person to practice architecture contrary to this part
4355 or to a rule of the department or the board.
4356 (2) The department board shall specify, by rule, what acts
4357 or omissions constitute a violation of subsection (1).
4358 (3) When the department board finds any registered
4359 architect guilty of any of the grounds set forth in subsection
4360 (1), it may enter an order imposing one or more of the following
4361 penalties:
4362 (a) Denial of an application for licensure.
4363 (b) Revocation or suspension of a license.
4364 (c) Imposition of an administrative fine not to exceed
4365 $1,000 for each count or separate offense and a fine of up to
4366 $5,000 for matters pertaining to a material violation of the
4367 Florida Building Code as reported by a local jurisdiction.
4368 (d) Issuance of a reprimand.
4369 (e) Placement of the registered architect on probation for
4370 a period of time and subject to such conditions as the
4371 department board may specify, including requiring the registered
4372 architect to attend continuing education courses or to work
4373 under the supervision of another registered architect.
4374 (f) Restriction of the authorized scope of practice by the
4375 registered architect.
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4376 (4) The department shall reissue the license of a
4377 disciplined registered architect upon certification by the
4378 department board that he or she has complied with all of the
4379 terms and conditions set forth in the final order.
4380 Section 159. Paragraph (a) of subsection (1) and
4381 subsection (2) of section 481.2251, Florida Statutes, are
4382 amended to read:
4383 481.2251 Disciplinary proceedings against registered
4384 interior designers.—
4385 (1) The following acts constitute grounds for which the
4386 disciplinary actions specified in subsection (2) may be taken:
4387 (a) Attempting to register or renewing registration by
4388 bribery, by fraudulent misrepresentation, or through an error of
4389 the department board;
4390 (2) When the department board finds any person guilty of
4391 any of the grounds set forth in subsection (1), it may enter an
4392 order taking the following action or imposing one or more of the
4393 following penalties:
4394 (a) Refusal to register the applicant;
4395 (b) Refusal to renew an existing registration;
4396 (c) Removal from the state registry; or
4397 (d) Imposition of an administrative fine not to exceed
4398 $500 for each violation or separate offense and a fine of up to
4399 $2,500 for matters pertaining to a material violation of the
4400 Florida Building Code as reported by a local jurisdiction.
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4401 Section 160. Subsection (1) of section 481.303, Florida
4402 Statutes, is amended to read:
4403 481.303 Definitions.—As used in this chapter, the term:
4404 (1) "Board" means the Board of Landscape Architecture.
4405 Section 161. Section 481.306, Florida Statutes, is amended
4406 to read:
4407 481.306 Authority to make rules.—The department may board
4408 has authority to adopt rules pursuant to ss. 120.536(1) and
4409 120.54 to implement the provisions of this chapter and chapter
4410 455 conferring duties upon it.
4411 Section 162. Section 481.307, Florida Statutes, is amended
4412 to read:
4413 481.307 Fees.—The department board, by rule, may establish
4414 fees to be paid for applications, examination, reexamination,
4415 licensing and renewal, delinquency, reinstatement, and
4416 recordmaking and recordkeeping. The examination fee shall be in
4417 an amount that covers the costs of obtaining and administering
4418 the examination and shall be refunded if the applicant is found
4419 ineligible to sit for the examination. The application fee is
4420 nonrefundable. The combined fees for initial application and
4421 examination may not exceed $800 plus the actual per applicant
4422 cost to the department for purchase of portions of the
4423 examination from the Council of Landscape Architectural
4424 Registration Boards or a similar national organization. The
4425 biennial renewal fee may not exceed $600. The delinquency fee
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4426 may not exceed the biennial renewal fee established by the
4427 department board for an active license. The department board
4428 shall establish fees that are adequate to ensure the continued
4429 operation of the department board and to fund the proportionate
4430 expenses incurred by the department which are allocated to the
4431 regulation of landscape architects. Fees shall be based on
4432 department estimates of the revenue required to implement this
4433 part and the provisions of law with respect to the regulation of
4434 landscape architects.
4435 Section 163. Subsection (1) of section 481.309, Florida
4436 Statutes, is amended to read:
4437 481.309 Examinations.—
4438 (1) A person desiring to be licensed as a registered
4439 landscape architect shall apply to the department to take the
4440 licensure examination. The department shall examine each
4441 applicant who the department board certifies:
4442 (a) Has completed the application form and remitted a
4443 nonrefundable application fee and an examination fee which is
4444 refundable if the applicant is found to be ineligible to take
4445 the examination; and
4446 (b)1. Has completed a professional degree program in
4447 landscape architecture as approved by the department Landscape
4448 Architectural Accreditation Board; or
4449 2. Presents evidence of not less than 6 years of actual
4450 practical experience in landscape architectural work of a grade
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4451 and character satisfactory to the department board. Each year of
4452 education completed in a recognized school shall be considered
4453 to be equivalent to 1 year of experience, with a maximum credit
4454 of 4 years.
4455 Section 164. Section 481.310, Florida Statutes, is amended
4456 to read:
4457 481.310 Practical experience requirement.—Beginning
4458 October 1, 1990, every applicant for licensure as a registered
4459 landscape architect shall demonstrate, before prior to
4460 licensure, 1 year of practical experience in landscape
4461 architectural work. An applicant who holds a master of landscape
4462 architecture degree and a bachelor's degree in a related field
4463 is not required to demonstrate 1 year of practical experience in
4464 landscape architectural work to obtain licensure. The department
4465 board shall adopt rules providing standards for the required
4466 experience. An applicant who qualifies for examination pursuant
4467 to s. 481.309(1)(b)1. may obtain the practical experience after
4468 completing the required professional degree. Experience used to
4469 qualify for examination pursuant to s. 481.309(1)(b)2. may not
4470 be used to satisfy the practical experience requirement under
4471 this section.
4472 Section 165. Section 481.311, Florida Statutes, is amended
4473 to read:
4474 481.311 Licensure.—
4475 (1) The department shall license any applicant who the
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4476 department board certifies is qualified to practice landscape
4477 architecture and who has paid the initial licensure fee.
4478 (2) The department board shall certify for licensure any
4479 applicant who:
4480 (a) Passes the examination required by s. 481.309; and
4481 (b) Satisfies the experience requirement of s. 481.310.
4482 (3) The department board shall certify as qualified for a
4483 license by endorsement an applicant who:
4484 (a) Qualifies to take the examination as set forth in s.
4485 481.309; and has passed a national, regional, state, or
4486 territorial licensing examination which is substantially
4487 equivalent to the examination required by s. 481.309;
4488 (b) Holds a valid license to practice landscape
4489 architecture issued by another state or territory of the United
4490 States, if the criteria for issuance of such license were
4491 substantially identical to the licensure criteria which existed
4492 in this state at the time the license was issued; or
4493 (c) Has held a valid license to practice landscape
4494 architecture in another state or territory of the United States
4495 for at least 10 years before the date of application and has
4496 successfully completed a state, regional, national, or other
4497 examination that is equivalent to or more stringent than the
4498 examination required by the department board, subject to
4499 subsection (5). An applicant who has met the requirements to be
4500 qualified for a license by endorsement, except for successful
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4501 completion of an examination that is equivalent to or more
4502 stringent than the examination required by the department board,
4503 may take the examination required by the department board
4504 without completing additional education requirements. Such
4505 application must be submitted to the department board while the
4506 applicant holds a valid license in another state or territory or
4507 within 2 years after the expiration of such license.
4508 (4) The department board may refuse to certify any
4509 applicant who is under investigation in any jurisdiction for any
4510 act which would constitute a violation of this act or of chapter
4511 455, until the investigation is complete and disciplinary
4512 proceedings have been terminated.
4513 (5) The department board may refuse to certify any
4514 applicant who has violated any of the provisions of s. 481.325.
4515 Section 166. Subsections (3), (4), and (5) of section
4516 481.313, Florida Statutes, are amended to read:
4517 481.313 Renewal of license.—
4518 (3) No license renewal shall be issued to a landscape
4519 architect by the department until the licensee submits proof,
4520 satisfactory to the department, that during the 2-year period
4521 prior to application for renewal, the licensee participated in
4522 such continuing education courses required by the board. The
4523 board shall approve only continuing education courses that
4524 relate to and increase the basic knowledge of landscape
4525 architecture. The board may make an exception from the
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4526 requirements of continuing education in emergency or hardship
4527 cases.
4528 (4) The board, by rule adopted pursuant to ss. 120.536(1)
4529 and 120.54, shall establish criteria for the approval of
4530 continuing education courses and providers, and shall by rule
4531 establish criteria for accepting alternative nonclassroom
4532 continuing education on an hour-for-hour basis. A landscape
4533 architect shall receive hour-for-hour credit for attending
4534 continuing education courses approved by the Landscape
4535 Architecture Continuing Education System or another nationally
4536 recognized clearinghouse for continuing education that relate to
4537 and increase his or her basic knowledge of landscape
4538 architecture, as determined by the board, if the landscape
4539 architect submits proof satisfactory to the board that such
4540 course was approved by the Landscape Architecture Continuing
4541 Education System or another nationally recognized clearinghouse
4542 for continuing education, along with the syllabus or outline for
4543 such course and proof of course attendance.
4544 (5) The board shall require, by rule adopted pursuant to
4545 ss. 120.536(1) and 120.54, a specified number of hours in
4546 specialized or advanced courses, approved by the Florida
4547 Building Commission, on any portion of the Florida Building
4548 Code, adopted pursuant to part IV of chapter 553, relating to
4549 the licensee's respective area of practice.
4550 Section 167. Section 481.315, Florida Statutes, is amended
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4551 to read:
4552 481.315 Inactive status.—
4553 (1) A license that has become inactive or delinquent may
4554 be reactivated under this section upon application to the
4555 department and payment of any applicable biennial renewal or
4556 delinquency fee, or both, and a reactivation fee. The board may
4557 not require a licensee to complete more than one renewal cycle
4558 of continuing education requirements.
4559 (2) The department board shall adopt rules relating to
4560 application procedures for inactive status and for the
4561 reactivation of inactive licenses.
4562 Section 168. Subsection (1) of section 481.317, Florida
4563 Statutes, is amended to read:
4564 481.317 Temporary certificates.—
4565 (1) Upon the approval by the department board and payment
4566 of the fee set in s. 481.307, the department shall grant a
4567 temporary certificate of registration for work on a specified
4568 project in this state for a period not to exceed 1 year to an
4569 applicant who is licensed in another state or territory to
4570 practice landscape architecture.
4571 Section 169. Subsection (3) of section 481.319, Florida
4572 Statutes, is amended to read:
4573 481.319 Corporate and partnership practice of landscape
4574 architecture.—
4575 (3) A landscape architect applying to practice in the name
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4576 of a corporation must file with the department the names and
4577 addresses of all officers and department board members of the
4578 corporation, including the principal officer or officers, duly
4579 registered to practice landscape architecture in this state and,
4580 also, of all individuals duly registered to practice landscape
4581 architecture in this state who shall be in responsible charge of
4582 the practice of landscape architecture by the corporation in
4583 this state. A landscape architect applying to practice in the
4584 name of a partnership must file with the department the names
4585 and addresses of all partners of the partnership, including the
4586 partner or partners duly registered to practice landscape
4587 architecture in this state and, also, of an individual or
4588 individuals duly registered to practice landscape architecture
4589 in this state who shall be in responsible charge of the practice
4590 of landscape architecture by said partnership in this state.
4591 Section 170. Subsections (1) and (2) of section 481.321,
4592 Florida Statutes, are amended to read:
4593 481.321 Seals; display of certificate number.—
4594 (1) The department board shall prescribe, by rule, one or
4595 more forms of seals for use by a registered landscape architect
4596 who holds a valid certificate of registration. Each registered
4597 landscape architect shall obtain one seal in a form approved by
4598 rule of the department board and may, in addition, register her
4599 or his seal electronically in accordance with ss. 668.001-
4600 668.006. All final plans, specifications, or reports prepared or
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4601 issued by the registered landscape architect and filed for
4602 public record shall be signed by the registered landscape
4603 architect, dated, and stamped or sealed electronically with her
4604 or his seal. The signature, date, and seal constitute evidence
4605 of the authenticity of that to which they are affixed. Final
4606 plans, specifications, or reports prepared or issued by a
4607 registered landscape architect may be transmitted electronically
4608 and may be signed by the registered landscape architect, dated,
4609 and sealed electronically with the seal in accordance with ss.
4610 668.001-668.006.
4611 (2) It is unlawful for any person to sign and seal by any
4612 means any final plan, specification, or report after her or his
4613 certificate of registration is expired, suspended, or revoked. A
4614 registered landscape architect whose certificate of registration
4615 is suspended or revoked shall, within 30 days after the
4616 effective date of the suspension or revocation, surrender her or
4617 his seal to the department executive director of the board and
4618 confirm in writing to the department executive director the
4619 cancellation of the landscape architect's electronic signature
4620 in accordance with ss. 668.001-668.006. When a landscape
4621 architect's certificate of registration is suspended for a
4622 period of time, her or his seal shall be returned upon
4623 expiration of the period of suspension.
4624 Section 171. Paragraph (d) of subsection (1) of section
4625 481.323, Florida Statutes, is amended to read:
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4626 481.323 Prohibitions; penalties.—
4627 (1) A person may not knowingly:
4628 (d) Give false or forged evidence to the department board
4629 or a member thereof;
4630 Section 172. Subsections (2), (3), and (4) of section
4631 481.325, Florida Statutes, are amended to read:
4632 481.325 Disciplinary proceedings.—
4633 (2) The department board shall specify, by rule, what acts
4634 or omissions constitute a violation of subsection (1).
4635 (3) When the department board finds any registered
4636 landscape architect guilty of any of the grounds set forth in
4637 subsection (1), it may enter an order imposing one or more of
4638 the following penalties:
4639 (a) Denial of an application for licensure.
4640 (b) Revocation or suspension of a license.
4641 (c) Imposition of an administrative fine not to exceed
4642 $1,000 for each count or separate offense and a fine of up to
4643 $5,000 for matters pertaining to a material violation of the
4644 Florida Building Code as reported by a local jurisdiction.
4645 (d) Issuance of a reprimand.
4646 (e) Placement of the registered landscape architect on
4647 probation for a period of time and subject to such conditions as
4648 the department board may specify, including requiring the
4649 registered landscape architect to attend continuing education
4650 courses or to work under the supervision of another registered
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4651 landscape architect.
4652 (f) Restriction of the authorized scope of practice by the
4653 registered landscape architect.
4654 (4) The department shall reissue the license of a
4655 disciplined registered landscape architect upon certification by
4656 the department board that she or he has complied with all of the
4657 terms and conditions set forth in the final order.
4658 Section 173. Paragraph (c) of subsection (7) of section
4659 489.103, Florida Statutes, is amended to read:
4660 489.103 Exemptions.—This part does not apply to:
4661 (7)
4662 (c) To qualify for exemption under this subsection, an
4663 owner must personally appear and sign the building permit
4664 application and must satisfy local permitting agency
4665 requirements, if any, proving that the owner has a complete
4666 understanding of the owner's obligations under the law as
4667 specified in the disclosure statement in this section. However,
4668 for purposes of implementing a "United States Department of
4669 Energy SunShot Initiative: Rooftop Solar Challenge" grant and
4670 the participation of county and municipal governments, including
4671 local permitting agencies under the jurisdiction of such county
4672 and municipal governments, an owner's notarized signature or
4673 personal appearance to sign the permit application is not
4674 required for a solar project, as described in subparagraph
4675 (a)3., if the building permit application is submitted
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4676 electronically to the permitting agency and the owner certifies
4677 the application and disclosure statement using the permitting
4678 agency's electronic confirmation system. If any person violates
4679 the requirements of this subsection, the local permitting agency
4680 shall withhold final approval, revoke the permit, or pursue any
4681 action or remedy for unlicensed activity against the owner and
4682 any person performing work that requires licensure under the
4683 permit issued. The local permitting agency shall provide the
4684 person with a disclosure statement in substantially the
4685 following form:
4686 DISCLOSURE STATEMENT
4687 1. I understand that state law requires construction to be done
4688 by a licensed contractor and have applied for an owner-builder
4689 permit under an exemption from the law. The exemption specifies
4690 that I, as the owner of the property listed, may act as my own
4691 contractor with certain restrictions even though I do not have a
4692 license.
4693 2. I understand that building permits are not required to be
4694 signed by a property owner unless he or she is responsible for
4695 the construction and is not hiring a licensed contractor to
4696 assume responsibility.
4697 3. I understand that, as an owner-builder, I am the responsible
4698 party of record on a permit. I understand that I may protect
4699 myself from potential financial risk by hiring a licensed
4700 contractor and having the permit filed in his or her name
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4701 instead of my own name. I also understand that a contractor is
4702 required by law to be licensed in Florida and to list his or her
4703 license numbers on permits and contracts.
4704 4. I understand that I may build or improve a one-family or
4705 two-family residence or a farm outbuilding. I may also build or
4706 improve a commercial building if the costs do not exceed
4707 $75,000. The building or residence must be for my own use or
4708 occupancy. It may not be built or substantially improved for
4709 sale or lease, unless I am completing the requirements of a
4710 building permit where the contractor listed on the permit
4711 substantially completed the project. If a building or residence
4712 that I have built or substantially improved myself is sold or
4713 leased within 1 year after the construction is complete, the law
4714 will presume that I built or substantially improved it for sale
4715 or lease, which violates the exemption.
4716 5. I understand that, as the owner-builder, I must provide
4717 direct, onsite supervision of the construction.
4718 6. I understand that I may not hire an unlicensed person to act
4719 as my contractor or to supervise persons working on my building
4720 or residence. It is my responsibility to ensure that the persons
4721 whom I employ have the licenses required by law and by county or
4722 municipal ordinance.
4723 7. I understand that it is a frequent practice of unlicensed
4724 persons to have the property owner obtain an owner-builder
4725 permit that erroneously implies that the property owner is
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4726 providing his or her own labor and materials. I, as an owner-
4727 builder, may be held liable and subjected to serious financial
4728 risk for any injuries sustained by an unlicensed person or his
4729 or her employees while working on my property. My homeowner's
4730 insurance may not provide coverage for those injuries. I am
4731 willfully acting as an owner-builder and am aware of the limits
4732 of my insurance coverage for injuries to workers on my property.
4733 8. I understand that I may not delegate the responsibility for
4734 supervising work to a licensed contractor who is not licensed to
4735 perform the work being done. Any person working on my building
4736 who is not licensed must work under my direct supervision and
4737 must be employed by me, which means that I must comply with laws
4738 requiring the withholding of federal income tax and social
4739 security contributions under the Federal Insurance Contributions
4740 Act (FICA) and must provide workers' compensation for the
4741 employee. I understand that my failure to follow these laws may
4742 subject me to serious financial risk.
4743 9. I agree that, as the party legally and financially
4744 responsible for this proposed construction activity, I will
4745 abide by all applicable laws and requirements that govern owner-
4746 builders as well as employers. I also understand that the
4747 construction must comply with all applicable laws, ordinances,
4748 building codes, and zoning regulations.
4749 10. I understand that I may obtain more information regarding
4750 my obligations as an employer from the Internal Revenue Service,
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4751 the United States Small Business Administration, the Florida
4752 Department of Financial Services, and the Florida Department of
4753 Revenue. I also understand that I may contact the Department of
4754 Business and Professional Regulation Florida Construction
4755 Industry Licensing Board at ...(telephone number)... or
4756 ...(Internet website address)... for more information about
4757 licensed contractors.
4758 11. I am aware of, and consent to, an owner-builder building
4759 permit applied for in my name and understand that I am the party
4760 legally and financially responsible for the proposed
4761 construction activity at the following address: ...(address of
4762 property)....
4763 12. I agree to notify ...(issuer of disclosure statements)...
4764 immediately of any additions, deletions, or changes to any of
4765 the information that I have provided on this disclosure.
4766 Licensed contractors are regulated by laws designed to protect
4767 the public. If you contract with a person who does not have a
4768 license, the Construction Industry Licensing Board and
4769 Department of Business and Professional Regulation may be unable
4770 to assist you with any financial loss that you sustain as a
4771 result of a complaint. Your only remedy against an unlicensed
4772 contractor may be in civil court. It is also important for you
4773 to understand that, if an unlicensed contractor or employee of
4774 an individual or firm is injured while working on your property,
4775 you may be held liable for damages. If you obtain an owner-
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4776 builder permit and wish to hire a licensed contractor, you will
4777 be responsible for verifying whether the contractor is properly
4778 licensed and the status of the contractor's workers'
4779 compensation coverage.
4780 Before a building permit can be issued, this disclosure
4781 statement must be completed and signed by the property owner and
4782 returned to the local permitting agency responsible for issuing
4783 the permit. A copy of the property owner's driver license, the
4784 notarized signature of the property owner, or other type of
4785 verification acceptable to the local permitting agency is
4786 required when the permit is issued.
4787 Signature: ...(signature of property owner)....
4788 Date: ...(date)....
4789 Section 174. Subsections (2) through (19) of section
4790 489.105, Florida Statutes, are renumbered as subsections (1)
4791 through (18), respectively, and present subsections (1) and (6)
4792 of that section are amended, to read:
4793 489.105 Definitions.—As used in this part:
4794 (1) "Board" means the Construction Industry Licensing
4795 Board.
4796 (5)(6) "Contracting" means, except as exempted in this
4797 part, engaging in business as a contractor and includes, but is
4798 not limited to, performance of any of the acts as set forth in
4799 subsection (2) (3) which define types of contractors. The
4800 attempted sale of contracting services and the negotiation or
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4801 bid for a contract on these services also constitutes
4802 contracting. If the services offered require licensure or agent
4803 qualification, the offering, negotiation for a bid, or attempted
4804 sale of these services requires the corresponding licensure.
4805 However, the term "contracting" does shall not extend to an
4806 individual, partnership, corporation, trust, or other legal
4807 entity that offers to sell or sells completed residences on
4808 property on which the individual or business entity has any
4809 legal or equitable interest, or to the individual or business
4810 entity that offers to sell or sells manufactured or factory-
4811 built buildings that will be completed on site on property on
4812 which either party to a contract has any legal or equitable
4813 interest, if the services of a qualified contractor certified or
4814 registered pursuant to the requirements of this chapter have
4815 been or will be retained for the purpose of constructing or
4816 completing such residences.
4817 Section 175. Section 489.108, Florida Statutes, is amended
4818 to read:
4819 489.108 Rulemaking authority.—The department board has
4820 authority to adopt rules pursuant to ss. 120.536(1) and 120.54
4821 to implement the provisions of this chapter conferring duties
4822 upon it.
4823 Section 176. Paragraphs (c), (e), (f), and (g) of
4824 subsection (1) and subsection (2) of section 489.109, Florida
4825 Statutes, are amended to read:
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4826 489.109 Fees.—
4827 (1) The department board, by rule, shall establish
4828 reasonable fees to be paid for applications, certification and
4829 renewal, registration and renewal, and recordmaking and
4830 recordkeeping. The fees shall be established as follows:
4831 (c) The department board, by rule, may establish
4832 delinquency fees, not to exceed the applicable renewal fee for
4833 renewal applications made after the expiration date of the
4834 certificate or registration.
4835 (e) The department board, by rule, shall impose a renewal
4836 fee for an inactive status certificate or registration, not to
4837 exceed the renewal fee for an active status certificate or
4838 registration. Neither the inactive certification fee nor the
4839 inactive registration fee may exceed $50. The department board,
4840 by rule, may provide for a different fee for inactive status
4841 where such status is sought by a building code administrator,
4842 plans examiner, or inspector certified pursuant to part XII of
4843 chapter 468 who is employed by a local government and is not
4844 allowed by the terms of such employment to maintain a
4845 certificate on active status issued pursuant to this part.
4846 (f) The department board, by rule, shall impose an
4847 additional late fee on a delinquent status certificateholder or
4848 registrant when such certificateholder or registrant applies for
4849 active or inactive status.
4850 (g) The department board, by rule, shall impose an
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4851 additional fee, not to exceed the applicable renewal fee, which
4852 reasonably reflects the costs of processing a
4853 certificateholder's or registrant's request to change licensure
4854 status at any time other than at the beginning of a licensure
4855 cycle.
4856 (2) The board shall establish fees that are adequate to
4857 ensure the continued operation of the board. Fees shall be based
4858 on department estimates of the revenue required to implement
4859 this part and the provisions of law with respect to the
4860 regulation of the construction industry.
4861 Section 177. Subsections (1) and (2), paragraph (f) of
4862 subsection (3), and subsections (6), (7), and (8) of section
4863 489.113, Florida Statutes, are amended to read:
4864 489.113 Qualifications for practice; restrictions.—
4865 (1) Any person who desires to engage in contracting on a
4866 statewide basis shall, as a prerequisite thereto, establish his
4867 or her competency and qualifications to be certified pursuant to
4868 this part. To establish competency, a person shall pass the
4869 appropriate examination approved by the board and certified by
4870 the department. If an applicant has received a baccalaureate
4871 degree in building construction from an accredited 4-year
4872 college, or a related degree as approved by the department board
4873 by rule, and has a grade point average of 3.0 or higher, such
4874 applicant is only required to take and pass the business and
4875 finance portion of the examination. Any person who desires to
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4876 engage in contracting on other than a statewide basis shall, as
4877 a prerequisite thereto, be registered pursuant to this part,
4878 unless exempted by this part.
4879 (2) A person must be certified or registered in order to
4880 engage in the business of contracting in this state. However,
4881 for purposes of complying with the provisions of this chapter, a
4882 subcontractor who is not certified or registered may perform
4883 construction work under the supervision of a person who is
4884 certified or registered, provided that the work is within the
4885 scope of the supervising contractor's license, the supervising
4886 contractor is responsible for the work, and the subcontractor
4887 being supervised is not engaged in construction work that would
4888 require a license as a contractor under any of the categories
4889 listed in s. 489.105(2)(d)-(o) s. 489.105(3)(d)-(o). This
4890 subsection does not affect the application of any local
4891 construction licensing ordinances. To enforce this subsection:
4892 (a) The department shall issue a cease and desist order to
4893 prohibit any person from engaging in the business of contracting
4894 who does not hold the required certification or registration for
4895 the work being performed under this part. For the purpose of
4896 enforcing a cease and desist order, the department may file a
4897 proceeding in the name of the state seeking issuance of an
4898 injunction or a writ of mandamus against any person who violates
4899 any provision of such order.
4900 (b) A county, municipality, or local licensing board
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4901 created by special act may issue a cease and desist order to
4902 prohibit any person from engaging in the business of contracting
4903 who does not hold the required certification or registration for
4904 the work being performed under this part.
4905 (3) A contractor shall subcontract all electrical,
4906 mechanical, plumbing, roofing, sheet metal, swimming pool, and
4907 air-conditioning work, unless such contractor holds a state
4908 certificate or registration in the respective trade category,
4909 however:
4910 (f) A solar contractor may shall not be required to
4911 subcontract minor, as defined by department board rule,
4912 electrical, mechanical, plumbing, or roofing work so long as
4913 that work is within the scope of the license held by the solar
4914 contractor and where such work exclusively pertains to the
4915 installation of residential solar energy equipment as defined by
4916 rules of the department board adopted in conjunction with the
4917 Electrical Contracting Licensing Board.
4918 (6)(a) The department board shall, by rule, designate
4919 those types of specialty contractors which may be certified
4920 under this part. The limit of the scope of work and
4921 responsibility of a specialty contractor shall be established by
4922 the department board by rule. However, a certified specialty
4923 contractor category established by department board rule exists
4924 as a voluntary statewide licensing category and does not create
4925 a mandatory licensing requirement. Any mandatory statewide
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4926 construction contracting licensure requirement may only be
4927 established through specific statutory provision.
4928 (b) By July 1, 2025, the department board shall, by rule,
4929 establish certified specialty contractor categories for
4930 voluntary licensure for all of the following:
4931 1. Structural aluminum or screen enclosures.
4932 2. Marine seawall work.
4933 3. Marine bulkhead work.
4934 4. Marine dock work.
4935 5. Marine pile driving.
4936 6. Structural masonry.
4937 7. Structural prestressed, precast concrete work.
4938 8. Rooftop solar heating installation.
4939 9. Structural steel.
4940 10. Window and door installation, including garage door
4941 installation and hurricane or windstorm protection.
4942 11. Plaster and lath.
4943 12. Structural carpentry.
4944 (7) If an eligible applicant fails any contractor's
4945 written examination, except the general and building
4946 contractors' examination, and provides the department board with
4947 acceptable proof of lack of comprehension of written
4948 examinations, the applicant may petition the department board to
4949 be administered a uniform oral examination, subject to the
4950 following conditions:
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4951 (a) The applicant documents 10 years of experience in the
4952 appropriate construction craft.
4953 (b) The applicant files written recommendations concerning
4954 his or her competency in the appropriate construction craft.
4955 (c) The applicant is administered only one oral
4956 examination within a period of 1 year.
4957 (8) Any public record of the department board, when
4958 certified by the department executive director of the board or
4959 the executive director's representative, may be received as
4960 prima facie evidence in any administrative or judicial
4961 proceeding.
4962 Section 178. Subsection (1) of section 489.1131, Florida
4963 Statutes, is amended to read:
4964 489.1131 Credit for relevant military training and
4965 education.—
4966 (1) The department shall provide a method by which
4967 honorably discharged veterans may apply for licensure. The
4968 method must include a veteran-specific application and provide:
4969 (a) To the fullest extent possible, credit toward the
4970 requirements for licensure for military experience, training,
4971 and education received and completed during service in the
4972 United States Armed Forces if the military experience, training,
4973 or education is substantially similar to the experience,
4974 training, or education required for licensure.
4975 (b) Acceptance of up to 3 years of active duty service in
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4976 the United States Armed Forces, regardless of duty or training,
4977 to meet the experience requirements of s. 489.111(2)(c). At
4978 least 1 additional year of active experience as a foreman in the
4979 trade, either civilian or military, is required to fulfill the
4980 experience requirement of s. 489.111(2)(c).
4981
4982 The department board may adopt rules pursuant to ss. 120.536(1)
4983 and 120.54 to implement this subsection.
4984 Section 179. Subsection (1) of section 489.1136, Florida
4985 Statutes, is amended to read:
4986 489.1136 Medical gas certification.—
4987 (1)(a) In addition to the certification or registration
4988 required to engage in business as a plumbing contractor, any
4989 plumbing contractor who wishes to engage in the business of
4990 installation, improvement, repair, or maintenance of any tubing,
4991 pipe, or similar conduit used to transport gaseous or partly
4992 gaseous substances for medical purposes shall take, as part of
4993 the contractor's continuing education requirement, at least once
4994 during the holding of such license, a course of at least 6 hours
4995 before any installation, improvement, repair, or maintenance of
4996 any tubing, pipe, or similar conduit used to transport gaseous
4997 or partly gaseous substances for medical purposes. Such course
4998 shall be given by an instructional facility or teaching entity
4999 that has been approved by the department board. In order for a
5000 course to be approved, the department board must find that the
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5001 course is designed to teach familiarity with the National Fire
5002 Prevention Association Standard 99C (Standard on Gas and Vacuum
5003 Systems, latest edition) and also designed to teach familiarity
5004 and practical ability in performing and inspecting brazing
5005 duties required of medical gas installation, improvement,
5006 repair, or maintenance work. Such course shall issue a
5007 certificate of completion to the taker of the course, which
5008 certificate shall be available for inspection by any entity or
5009 person seeking to have such contractor engage in the business of
5010 installation, improvement, repair, or maintenance of a medical
5011 gas system.
5012 (b) Any other natural person who is employed by a licensed
5013 plumbing contractor to provide work on the installation,
5014 improvement, repair, or maintenance of a medical gas system,
5015 except as noted in paragraph (c), shall, as a prerequisite to
5016 his or her ability to provide such service, take a course
5017 approved by the department board. Such course shall be at least
5018 8 hours and consist of both classroom and practical work
5019 designed to teach familiarity with the National Fire Prevention
5020 Association Standard 99C (Standard on Gas and Vacuum Systems,
5021 latest edition) and also designed to teach familiarity and
5022 practical ability in performing and inspecting brazing duties
5023 required of medical gas installation, improvement, repair, or
5024 maintenance work. Such course shall also include the
5025 administration of a practical examination in the skills required
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5026 to perform work as outlined above, including brazing, and each
5027 examination shall be reasonably constructed to test for
5028 knowledge of the subject matter. The person taking such course
5029 and examination must, upon successful completion of both, be
5030 issued a certificate of completion by the giver of such course,
5031 which certificate shall be made available by the holder for
5032 inspection by any person or entity seeking to have such person
5033 perform work on the installation, improvement, repair, or
5034 maintenance of a medical gas system.
5035 (c) Any other natural person who wishes to perform only
5036 brazing duties incidental to the installation, improvement,
5037 repair, or maintenance of a medical gas system shall pass an
5038 examination designed to show that person's familiarity with and
5039 practical ability in performing brazing duties required of
5040 medical gas installation, improvement, repair, or maintenance.
5041 Such examination shall be from a test approved by the department
5042 board. Such examination must test for knowledge of National Fire
5043 Prevention Association Standard 99C (Standard on Gas and Vacuum
5044 Systems, latest edition). The person taking such examination
5045 must, upon passing such examination, be issued a certificate of
5046 completion by the giver of such examination, and such
5047 certificate shall be made available by the holder for inspection
5048 by any person or entity seeking to have or employ such person to
5049 perform brazing duties on a medical gas system.
5050 (d) It is the responsibility of the licensed plumbing
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5051 contractor to ascertain whether members of his or her workforce
5052 are in compliance with this subsection, and such contractor is
5053 subject to discipline under s. 489.129 for violation of this
5054 subsection.
5055 (e) Training programs in medical gas piping installation,
5056 improvement, repair, or maintenance shall be reviewed annually
5057 by the department board to ensure that programs have been
5058 provided equitably across the state.
5059 (f) Periodically, the department board shall review
5060 training programs in medical gas piping installation for quality
5061 in content and instruction in accordance with the National Fire
5062 Prevention Association Standard 99C (Standard on Gas and Vacuum
5063 Systems, latest edition). The department board shall also
5064 respond to complaints regarding approved programs.
5065 Section 180. Section 489.114, Florida Statutes, is amended
5066 to read:
5067 489.114 Evidence of workers' compensation coverage.—Except
5068 as provided in s. 489.115(5)(d), any person, business
5069 organization, or qualifying agent engaged in the business of
5070 contracting in this state and certified or registered under this
5071 part shall, as a condition precedent to the issuance or renewal
5072 of a certificate or registration of the contractor, provide to
5073 the department Construction Industry Licensing Board, as
5074 provided by department board rule, evidence of workers'
5075 compensation coverage pursuant to chapter 440. In the event that
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5076 the Division of Workers' Compensation of the Department of
5077 Financial Services receives notice of the cancellation of a
5078 policy of workers' compensation insurance insuring a person or
5079 entity governed by this section, the Division of Workers'
5080 Compensation shall certify and identify all persons or entities
5081 by certification or registration license number to the
5082 department after verification is made by the Division of
5083 Workers' Compensation that persons or entities governed by this
5084 section are no longer covered by workers' compensation
5085 insurance. Such certification and verification by the Division
5086 of Workers' Compensation may result from records furnished to
5087 the Division of Workers' Compensation by the persons or entities
5088 governed by this section or an investigation completed by the
5089 Division of Workers' Compensation. The department shall notify
5090 the persons or entities governed by this section who have been
5091 determined to be in noncompliance with chapter 440, and the
5092 persons or entities notified shall provide certification of
5093 compliance with chapter 440 to the department and pay an
5094 administrative fine in the amount of $500. The failure to
5095 maintain workers' compensation coverage as required by law shall
5096 be grounds for the department board to revoke, suspend, or deny
5097 the issuance or renewal of a certificate or registration of the
5098 contractor under the provisions of s. 489.129.
5099 Section 181. Paragraph (a) of subsection (2), subsection
5100 (3), paragraph (b) of subsection (4), and subsections (5), (6),
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5101 (7), and (9) of section 489.115, Florida Statutes, are amended
5102 to read:
5103 489.115 Certification and registration; endorsement;
5104 reciprocity; renewals; continuing education.—
5105 (2)(a) The department shall issue a certificate or
5106 registration to each person qualified by the department board
5107 and upon receipt of the original license fee.
5108 (3) The department board shall certify as qualified for
5109 certification by endorsement any applicant who:
5110 (a) Meets the requirements for certification as set forth
5111 in this section; has passed a national, regional, state, or
5112 United States territorial licensing examination that is
5113 substantially equivalent to the examination required by this
5114 part; and has satisfied the requirements set forth in s.
5115 489.111;
5116 (b) Holds a valid license to practice contracting issued
5117 by another state or territory of the United States, if the
5118 criteria for issuance of such license were substantially
5119 equivalent to Florida's current certification criteria;
5120 (c) Holds a valid, current license to practice contracting
5121 issued by another state or territory of the United States, if
5122 the state or territory has entered into a reciprocal agreement
5123 with the department board for the recognition of contractor
5124 licenses issued in that state, based on criteria for the
5125 issuance of such licenses that are substantially equivalent to
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5126 the criteria for certification in this state; or
5127 (d) Has held a valid, current license to practice
5128 contracting issued by another state or territory of the United
5129 States for at least 10 years before the date of application and
5130 is applying for the same or similar license in this state,
5131 subject to subsections (5)-(9). The department board may
5132 consider an applicant's technical competence to ensure the
5133 applicant is able to meet the requirements of this state's codes
5134 and standards for wind mitigation and water intrusion. The
5135 department board may also consider whether such applicant has
5136 had a license to practice contracting revoked, suspended, or
5137 otherwise acted against by the licensing authority of another
5138 state, territory, or country. Such application must be made
5139 either when the license in another state or territory is active
5140 or within 2 years after such license was last active. Division I
5141 contractors and roofing contractors must complete a 2-hour
5142 course on the Florida Building Code which includes information
5143 on wind mitigation techniques. The required courses may be
5144 completed online.
5145 (4)
5146 (b)1. Each certificateholder or registrant shall provide
5147 proof, in a form established by rule of the board, that the
5148 certificateholder or registrant has completed at least 14
5149 classroom hours of at least 50 minutes each of continuing
5150 education courses during each biennium since the issuance or
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5151 renewal of the certificate or registration. The board shall
5152 establish by rule that a portion of the required 14 hours must
5153 deal with the subject of workers' compensation, business
5154 practices, workplace safety, and, for applicable licensure
5155 categories, wind mitigation methodologies, and 1 hour of which
5156 must deal with laws and rules. The board shall by rule establish
5157 criteria for the approval of continuing education courses and
5158 providers, including requirements relating to the content of
5159 courses and standards for approval of providers, and may by rule
5160 establish criteria for accepting alternative nonclassroom
5161 continuing education on an hour-for-hour basis. The board shall
5162 prescribe by rule the continuing education, if any, which is
5163 required during the first biennium of initial licensure. A
5164 person who has been licensed for less than an entire biennium
5165 must not be required to complete the full 14 hours of continuing
5166 education.
5167 2. In addition, the board may approve specialized
5168 continuing education courses on compliance with the wind
5169 resistance provisions for one and two family dwellings contained
5170 in the Florida Building Code and any alternate methodologies for
5171 providing such wind resistance which have been approved for use
5172 by the Florida Building Commission. Division I
5173 certificateholders or registrants who demonstrate proficiency
5174 upon completion of such specialized courses may certify plans
5175 and specifications for one and two family dwellings to be in
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5176 compliance with the code or alternate methodologies, as
5177 appropriate, except for dwellings located in floodways or
5178 coastal hazard areas as defined in ss. 60.3D and E of the
5179 National Flood Insurance Program.
5180 3. The board shall require, by rule adopted pursuant to
5181 ss. 120.536(1) and 120.54, a specified number of hours in
5182 specialized or advanced module courses, approved by the Florida
5183 Building Commission, on any portion of the Florida Building
5184 Code, adopted pursuant to part IV of chapter 553, relating to
5185 the contractor's respective discipline.
5186 (5)(a) As a prerequisite to the initial issuance or the
5187 renewal of a certificate or registration, the applicant shall
5188 submit an affidavit on a form provided by the department board
5189 attesting to the fact that the applicant has obtained workers'
5190 compensation insurance as required by chapter 440, public
5191 liability insurance, and property damage insurance for the
5192 safety and welfare of the public, in amounts determined by rule
5193 of the department board. The department board shall by rule
5194 establish a procedure to verify the accuracy of such affidavits
5195 based upon a random sample method.
5196 (b) In addition to the affidavit of insurance, as a
5197 prerequisite to the initial issuance of a certificate, the
5198 applicant shall furnish a credit report from a nationally
5199 recognized credit agency that reflects the financial
5200 responsibility of the applicant and evidence of financial
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5201 responsibility, credit, and business reputation of either
5202 himself or herself or the business organization he or she
5203 desires to qualify. The department board shall adopt rules
5204 defining financial responsibility based upon the applicant's
5205 credit history, ability to be bonded, and any history of
5206 bankruptcy or assignment of receivers. The department board may
5207 also adopt rules that would allow applicants to demonstrate
5208 financial responsibility, as an alternative to the foregoing, by
5209 providing minimum credit scores or bonds payable as prescribed
5210 for financially responsible officers. Such rules shall specify
5211 the financial responsibility grounds on which the department
5212 board may refuse to qualify an applicant for certification.
5213 (c) If, within 60 days from the date the applicant is
5214 notified that he or she has qualified, he or she does not
5215 provide the evidence required, he or she shall apply to the
5216 department for an extension of time which shall be granted upon
5217 a showing of just cause.
5218 (d) An applicant for initial issuance of a certificate or
5219 registration shall submit as a prerequisite to qualifying for an
5220 exemption from workers' compensation coverage requirements under
5221 s. 440.05 an affidavit attesting to the fact that the applicant
5222 will obtain an exemption within 30 days after the date the
5223 initial certificate or registration is issued by the department
5224 board.
5225 (6) An applicant for initial issuance of a certificate or
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5226 registration shall submit to a statewide criminal history
5227 records check through the Department of Law Enforcement. The
5228 Department of Business and Professional Regulation shall submit
5229 the requests for the criminal history records check to the
5230 Department of Law Enforcement for state processing, and the
5231 Department of Law Enforcement shall return the results to the
5232 department to determine if the applicant meets certification or
5233 registration requirements. If the applicant has been convicted
5234 of a felony, the department board may deny licensure to the
5235 applicant based upon the severity of the crime, the relationship
5236 of the crime to contracting, or the potential for public harm.
5237 The department board shall also, in denying or approving
5238 licensure, consider the length of time since the commission of
5239 the crime and the rehabilitation of the applicant. The
5240 department board may not deny licensure to an applicant based
5241 solely upon a felony conviction or the applicant's failure to
5242 provide proof of restoration of civil rights.
5243 (7) An initial applicant shall, along with the
5244 application, and a certificateholder or registrant shall, upon
5245 requesting a change of status, submit to the department board a
5246 credit report from a nationally recognized credit agency that
5247 reflects the financial responsibility of the applicant or
5248 certificateholder or registrant. The credit report required for
5249 the initial applicant shall be considered the minimum evidence
5250 necessary to satisfy the department board that he or she is
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5251 financially responsible to be certified, has the necessary
5252 credit and business reputation to engage in contracting in the
5253 state, and has the minimum financial stability necessary to
5254 avoid the problem of financial mismanagement or misconduct. The
5255 department board shall, by rule, adopt guidelines for
5256 determination of financial stability, which may include minimum
5257 requirements for net worth, cash, and bonding for Division I
5258 certificateholders of no more than $20,000 and for Division II
5259 certificateholders of no more than $10,000. Fifty percent of the
5260 financial requirements may be met by completing a 14-hour
5261 financial responsibility course approved by the department
5262 board.
5263 (9) An initial applicant shall submit, along with the
5264 application, a complete set of fingerprints to the department.
5265 The fingerprints shall be submitted to the Department of Law
5266 Enforcement for state processing, and the Department of Law
5267 Enforcement shall forward them to the Federal Bureau of
5268 Investigation for national processing for the purpose of
5269 determining if the applicant has a criminal history record. The
5270 department shall and the department board may review the
5271 background results to determine if an applicant meets licensure
5272 requirements. The cost for the fingerprint processing shall be
5273 borne by the person subject to the background screening. These
5274 fees are to be collected by the authorized agencies or vendors.
5275 The authorized agencies or vendors are responsible for paying
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5276 the processing costs to the Department of Law Enforcement.
5277 Section 182. Subsections (7) and (8) of section 489.116,
5278 Florida Statutes, are renumbered as subsections (6) and (7),
5279 respectively, and subsections (2) through (5) and present
5280 subsections (6) and (7) of that section are amended, to read:
5281 489.116 Inactive and delinquent status; renewal and
5282 cancellation notices.—
5283 (2) The department board shall permit a certificateholder
5284 or registrant to elect, at the time of licensure renewal, an
5285 active or inactive status.
5286 (3) An inactive status certificateholder or registrant may
5287 change to active status at any time, if the certificateholder or
5288 registrant meets all requirements for active status, pays any
5289 additional licensure fees necessary to equal those imposed on an
5290 active status certificateholder or registrant, pays any
5291 applicable late fees, and meets all continuing education
5292 requirements prescribed by the department board.
5293 (4) A certificateholder or registrant shall apply with a
5294 completed application, as determined by department board rule,
5295 to renew an active or inactive status certificate or
5296 registration before the certificate or registration expires.
5297 Failure of a certificateholder or registrant to so apply shall
5298 cause the certificate or registration to become a delinquent
5299 certificate or registration. Further, any delinquent
5300 certificateholder or registrant who fails to apply to renew
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5301 licensure on either active or inactive status before expiration
5302 of the current licensure cycle must reapply in the same manner
5303 as an applicant for initial certification or registration.
5304 (5) A delinquent status certificateholder or registrant
5305 must apply with a completed application, as determined by
5306 department board rule, for active or inactive status during the
5307 current licensure cycle. Failure by a delinquent status
5308 certificateholder or registrant to become active or inactive
5309 before the expiration of the current licensure cycle renders the
5310 certificate or registration void, and any subsequent licensure
5311 shall be subject to all procedures and requirements imposed on
5312 an applicant for initial licensure.
5313 (6) The board may not require an inactive
5314 certificateholder or registrant to complete more than one
5315 renewal cycle of continuing education for reactivating a
5316 certificate or registration.
5317 (6)(7) The status or any change in status of a
5318 certificateholder or registrant may shall not alter in any way
5319 the department's board's right to impose discipline or to
5320 enforce discipline previously imposed on a certificateholder or
5321 registrant for acts or omissions committed by the
5322 certificateholder or registrant while holding a certificate or
5323 registration.
5324 Section 183. Paragraphs (a) and (c) of subsection (1),
5325 subsection (2), paragraph (a) of subsection (3), and subsection
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5326 (4) of section 489.117, Florida Statutes, are amended to read:
5327 489.117 Registration; specialty contractors.—
5328 (1)(a) A person engaged in the business of a contractor as
5329 defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o) must be
5330 registered before engaging in business as a contractor in this
5331 state, unless he or she is certified. Except as provided in
5332 paragraph (2)(b), to be initially registered, the applicant must
5333 submit the required fee and file evidence of successful
5334 compliance with the local examination and licensing
5335 requirements, if any, in the area for which registration is
5336 desired. An examination is not required for registration.
5337 (c) Each registrant shall report to the department board
5338 each local jurisdiction and each category of registration in
5339 which the registrant holds a certificate of competency or
5340 license, or where the registrant has been granted a certificate
5341 of competency or license by reciprocal agreement, for which
5342 registration is required by this part, within 30 days after
5343 obtaining such certificate or license.
5344 (2)(a) Except as provided in paragraph (b), the department
5345 board may not issue a new registration after July 1, 1993, based
5346 on any certificate of competency or license for a category of
5347 contractor defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o)
5348 which is issued by a municipal or county government that does
5349 not exercise disciplinary control and oversight over such
5350 locally licensed contractors, including forwarding a recommended
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5351 order in each action to the department board as provided in s.
5352 489.131(7). For purposes of this subsection and s. 489.131(10),
5353 the department board shall determine the adequacy of such
5354 disciplinary control by reviewing the local government's ability
5355 to process and investigate complaints and to take disciplinary
5356 action against locally licensed contractors.
5357 (b) The department board shall issue a registration to an
5358 eligible applicant to engage in the business of a contractor in
5359 a specified local jurisdiction, provided each of the following
5360 conditions are satisfied:
5361 1. The applicant held, in any local jurisdiction in this
5362 state during 2021, 2022, or 2023, a certificate of registration
5363 issued by the state or a local license issued by a local
5364 jurisdiction to perform work in a category of contractor defined
5365 in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o).
5366 2. The applicant submits all of the following to the
5367 department board:
5368 a. Evidence of the certificate of registration or local
5369 license held by the applicant as required by subparagraph 1.
5370 b. Evidence that the specified local jurisdiction does not
5371 have a license type available for the category of work for which
5372 the applicant was issued a certificate of registration or local
5373 license during 2021, 2022, or 2023, such as a notification on
5374 the website of the local jurisdiction or an e-mail or letter
5375 from the office of the local building official or local building
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5376 department stating that such license type is not available in
5377 that local jurisdiction.
5378 c. Evidence that the applicant has submitted the required
5379 fee.
5380 d. Evidence of compliance with the insurance and financial
5381 responsibility requirements of s. 489.115(5).
5382
5383 An examination is not required for an applicant seeking a
5384 registration under this paragraph.
5385 (c) The department board is responsible for disciplining
5386 licensees issued a registration under paragraph (b). The
5387 department board shall make such licensure and disciplinary
5388 information available through the automated information system
5389 provided pursuant to s. 455.2286.
5390 (d) The fees for an applicant seeking a registration under
5391 paragraph (b) and renewal of such registration every 2 years are
5392 the same as the fees established by the department board for
5393 applications, registration and renewal, and record making and
5394 recordkeeping, as set forth in s. 489.109. The department shall
5395 provide license, renewal, and cancellation notices pursuant to
5396 ss. 455.273 and 455.275.
5397 (3)(a) Upon findings of fact supporting the need therefor,
5398 the department board may grant a limited nonrenewable
5399 registration to a contractor not domiciled in the state, for one
5400 project. During the period of such registration the department
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5401 board may require compliance with this and any other statute of
5402 the state.
5403 (4)(a)1. A person whose job scope does not substantially
5404 correspond to either the job scope of one of the contractor
5405 categories defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o),
5406 or the job scope of one of the certified specialty contractor
5407 categories established by department board rule, is not required
5408 to register with the department board. A local government, as
5409 defined in s. 163.211, may not require a person to obtain a
5410 license, issued by the local government or the state, for a job
5411 scope which does not substantially correspond to the job scope
5412 of one of the contractor categories defined in s. 489.105(2)(a)-
5413 (o) and (q) s. 489.105(3)(a)-(o) and (q) or authorized in s.
5414 489.1455(1), or the job scope of one of the certified specialty
5415 contractor categories established pursuant to s. 489.113(6). A
5416 local government may not require a state or local license to
5417 obtain a permit for such job scopes. For purposes of this
5418 section, job scopes for which a local government may not require
5419 a license include, but are not limited to, painting; flooring;
5420 cabinetry; interior remodeling when the scope of the project
5421 does not include a task for which a state license is required;
5422 driveway or tennis court installation; handyman services;
5423 decorative stone, tile, marble, granite, or terrazzo
5424 installation; plastering; pressure washing; stuccoing; caulking;
5425 and canvas awning and ornamental iron installation.
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5426 2. A county that includes an area designated as an area of
5427 critical state concern under s. 380.05 may offer a license for
5428 any job scope which requires a contractor license under this
5429 part if the county imposed such a licensing requirement before
5430 January 1, 2021.
5431 3. A local government may continue to offer a license for
5432 veneer, including aluminum or vinyl gutters, siding, soffit, or
5433 fascia; rooftop painting, coating, and cleaning above three
5434 stories in height; or fence installation and erection if the
5435 local government imposed such a licensing requirement before
5436 January 1, 2021.
5437 4. A local government may not require a license as a
5438 prerequisite to submit a bid for public works projects if the
5439 work to be performed does not require a license under general
5440 law.
5441 (b) The local jurisdictions are responsible for providing
5442 the following information to the department board within 30 days
5443 after licensure of, or any disciplinary action against, a
5444 locally licensed contractor who is registered under this part:
5445 1. Licensure information.
5446 2. Code violation information pursuant to s. 553.781.
5447 3. Disciplinary information.
5448
5449 The department board shall maintain such licensure and
5450 disciplinary information as it is provided to the department
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5451 board and shall make the information available through the
5452 automated information system provided pursuant to s. 455.2286.
5453 (c) Providing discipline to such locally licensed
5454 contractors is the responsibility of the local jurisdiction.
5455 (d) Any person who is not required to obtain registration
5456 or certification pursuant to s. 489.105(2)(d)-(o) s.
5457 489.105(3)(d)-(o) may perform contracting services for the
5458 construction, remodeling, repair, or improvement of single-
5459 family residences, including a townhouse as defined in the
5460 Florida Building Code, without obtaining a local license if such
5461 person is under the supervision of a certified or registered
5462 general, building, or residential contractor. As used in this
5463 paragraph, supervision may shall not be deemed to require the
5464 existence of a direct contract between the certified or
5465 registered general, building, or residential contractor and the
5466 person performing specialty contracting services.
5467 (e) Any person who is not certified or registered may
5468 perform the work of a specialty contractor whose scope of
5469 practice is limited to the type of work specified under s.
5470 489.105(2)(j), (k), or (l) s. 489.105(3)(j), (k), or (l) for the
5471 construction, remodeling, repair, or improvement of commercial
5472 or residential swimming pools, interactive water features as
5473 defined in the Florida Building Code, hot tubs, and spas without
5474 obtaining a local license or certification as a specialty
5475 contractor if he or she is supervised by a contractor who is
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5476 certified or registered under s. 489.105(2)(j), (k), or (l) s.
5477 489.105(3)(j), (k), or (l); the work is within the scope of the
5478 supervising contractor's license; the supervising contractor is
5479 responsible for the work; and the work does not require
5480 certification or registration under s. 489.105(2)(d)-(i), (m)-
5481 (o) s. 489.105(3)(d)-(i), (m)-(o), or s. 489.505. Such
5482 supervision does not require a direct contract between the
5483 contractor certified or registered under s. 489.105(2)(j), (k),
5484 or (l) s. 489.105(3)(j), (k), or (l) and the person performing
5485 the work, or for the person performing the work to be an
5486 employee of the contractor certified or registered under s.
5487 489.105(2)(j), (k), or (l) s. 489.105(3)(j), (k), or (l). This
5488 paragraph does not limit the exemptions provided in s. 489.103
5489 and may not be construed to expand the scope of a contractor
5490 certified or registered under s. 489.105(2)(j), (k), or (l) s.
5491 489.105(3)(j), (k), or (l) to provide plumbing or electrical
5492 services for which certification or registration is required by
5493 this part or part II.
5494 Section 184. Section 489.118, Florida Statutes, is amended
5495 to read:
5496 489.118 Certification of registered contractors;
5497 grandfathering provisions.—The department board shall, upon
5498 receipt of a completed application and appropriate fee, issue a
5499 certificate in the appropriate category to any contractor
5500 registered under this part who makes application to the
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5501 department board and can show that he or she meets each of the
5502 following requirements:
5503 (1) Currently holds a valid registered local license in
5504 one of the contractor categories defined in s. 489.105(3)(a)-(p)
5505 s. 489.105(3)(a)-(p).
5506 (2) Has, for that category, passed a written examination
5507 that the department board finds to be substantially similar to
5508 the examination required to be licensed as a certified
5509 contractor under this part. For purposes of this subsection, a
5510 written, proctored examination such as that produced by the
5511 National Assessment Institute, Block and Associates, NAI/Block,
5512 Experior Assessments, Professional Testing, Inc., or Assessment
5513 Systems, Inc., shall be considered to be substantially similar
5514 to the examination required to be licensed as a certified
5515 contractor. The department board may not impose or make any
5516 requirements regarding the nature or content of these cited
5517 examinations.
5518 (3) Has at least 5 years of experience as a contractor in
5519 that contracting category, or as an inspector or building
5520 administrator with oversight over that category, at the time of
5521 application. For contractors, only time periods in which the
5522 contractor license is active and the contractor is not on
5523 probation shall count toward the 5 years required by this
5524 subsection.
5525 (4) Has not had his or her contractor's license revoked at
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5526 any time, had his or her contractor's license suspended within
5527 the last 5 years, or been assessed a fine in excess of $500
5528 within the last 5 years.
5529 (5) Is in compliance with the insurance and financial
5530 responsibility requirements in s. 489.115(5).
5531 Section 185. Paragraphs (b), (c), and (e) of subsection
5532 (2), paragraph (a) of subsection (3), paragraphs (a), (b), and
5533 (e) of subsection (5), subsection (6), and paragraphs (a) and
5534 (b) of subsection (7) of section 489.119, Florida Statutes, are
5535 amended to read:
5536 489.119 Business organizations; qualifying agents.—
5537 (2) If the applicant proposes to engage in contracting as
5538 a business organization, including any partnership, corporation,
5539 business trust, or other legal entity, or in any name other than
5540 the applicant's legal name or a fictitious name where the
5541 applicant is doing business as a sole proprietorship, the
5542 applicant must apply for registration or certification as the
5543 qualifying agent of the business organization.
5544 (b)1. An application for registration or certification to
5545 qualify a business organization must include an affidavit on a
5546 form provided by the department board attesting that the
5547 applicant has final approval authority for all construction work
5548 performed by the business organization and that the applicant
5549 has final approval authority on all business matters, including
5550 contracts, specifications, checks, drafts, or payments,
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5551 regardless of the form of payment, made by the business
5552 organization, except where a financially responsible officer is
5553 approved.
5554 2. The application for financially responsible officer
5555 must include an affidavit on a form provided by the department
5556 board attesting that the applicant's approval is required for
5557 all checks, drafts, or payments, regardless of the form of
5558 payment, made by the business organization and that the
5559 applicant has authority to act for the business organization in
5560 all financial matters.
5561 3. The application for secondary qualifying agent must
5562 include an affidavit on a form provided by the department board
5563 attesting that the applicant has authority to supervise all
5564 construction work performed by the business organization as
5565 provided in s. 489.1195(2).
5566 (c) The department board may deny an application for
5567 registration or certification to qualify a business organization
5568 if the applicant, or any person listed in paragraph (a), has
5569 been involved in past disciplinary actions or on any grounds for
5570 which an individual registration or certification may be denied.
5571 (e) A joint venture, including a joint venture composed of
5572 qualified business organizations, is itself a separate and
5573 distinct organization that must be qualified in accordance with
5574 department board rules.
5575 (3)(a) A qualifying agent must be certified or registered
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5576 under this part in order for the business organization to
5577 operate in the category of contracting in which the qualifying
5578 agent is certified or registered. If any qualifying agent ceases
5579 to be affiliated with a business organization, he or she shall
5580 inform the department. In addition, if the qualifying agent is
5581 the only certified or registered contractor affiliated with the
5582 business organization, the business organization shall notify
5583 the department of the termination of the qualifying agent and
5584 shall have 60 days from the termination of the qualifying
5585 agent's affiliation with the business organization in which to
5586 employ another qualifying agent. The business organization may
5587 not engage in contracting until a qualifying agent is employed,
5588 unless the department executive director or chair of the board
5589 has granted a temporary nonrenewable certificate or registration
5590 to the financially responsible officer, the president, a
5591 partner, or, in the case of a limited partnership, the general
5592 partner, who assumes all responsibilities of a primary
5593 qualifying agent for the business organization. This temporary
5594 certificate or registration shall only allow the business
5595 organization to proceed with incomplete contracts. For the
5596 purposes of this paragraph, an incomplete contract is one which
5597 has been awarded to, or entered into by, the business
5598 organization before prior to the cessation of affiliation of the
5599 qualifying agent with the business organization or one on which
5600 the business organization was the low bidder and the contract is
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5601 subsequently awarded, regardless of whether any actual work has
5602 commenced under the contract before prior to the qualifying
5603 agent ceasing to be affiliated with the business organization.
5604 (5)(a) Each registered or certified contractor shall affix
5605 the number of his or her registration or certification to each
5606 application for a building permit and on each building permit
5607 issued and recorded. Each city or county building department
5608 shall require, as a precondition for the issuance of the
5609 building permit, that the contractor taking out the permit must
5610 provide verification giving his or her department Construction
5611 Industry Licensing Board registration or certification number.
5612 (b) The registration or certification number of each
5613 contractor shall appear in each offer of services, business
5614 proposal, bid, contract, or advertisement, regardless of medium,
5615 as defined by department board rule, used by that contractor or
5616 business organization in the practice of contracting.
5617 (e) The department board shall issue a notice of
5618 noncompliance for the first offense, and may assess a fine or
5619 issue a citation for failure to correct the offense within 30
5620 days or for any subsequent offense, to any contractor or
5621 business organization that fails to include the certification or
5622 registration number as required by this part when submitting an
5623 advertisement for publication, broadcast, or printing or fails
5624 to display the certification or registration number as required
5625 by this part.
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5626 (6) Each qualifying agent shall pay the department an
5627 amount equal to the original fee for registration or
5628 certification to qualify a new business organization. If the
5629 qualifying agent for a business organization desires to qualify
5630 additional business organizations, the department board shall
5631 require the qualifying agent to present evidence of his or her
5632 ability to supervise the construction activities of each such
5633 organization. Approval of each business organization is
5634 discretionary with the department board.
5635 (7)(a) A business organization proposing to engage in
5636 contracting is not required to apply for or obtain authorization
5637 under this part to engage in contracting if:
5638 1. The business organization employs one or more
5639 registered or certified contractors licensed in accordance with
5640 this part who are responsible for obtaining permits and
5641 supervising all of the business organization's contracting
5642 activities;
5643 2. The business organization engages only in contracting
5644 on property owned by the business organization or by its parent,
5645 subsidiary, or affiliated entities; and
5646 3. The business organization, or its parent entity if the
5647 business organization is a wholly owned subsidiary, maintains a
5648 minimum net worth of $20 million.
5649 (b) Any business organization engaging in contracting
5650 under this subsection shall provide the department board with
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5651 the name and license number of each registered or certified
5652 contractor employed by the business organization to supervise
5653 its contracting activities. The business organization is not
5654 required to post a bond or otherwise evidence any financial or
5655 credit information except as necessary to demonstrate compliance
5656 with paragraph (a).
5657 Section 186. Paragraphs (b) and (d) of subsection (1),
5658 paragraphs (a) and (b) of subsection (2), and paragraphs (a) and
5659 (b) of subsection (3) of section 489.1195, Florida Statutes, are
5660 amended to read:
5661 489.1195 Responsibilities.—
5662 (1) A qualifying agent is a primary qualifying agent
5663 unless he or she is a secondary qualifying agent under this
5664 section.
5665 (b) Upon approval by the department board, a business
5666 entity may designate a financially responsible officer for
5667 purposes of certification or registration. A financially
5668 responsible officer shall be responsible for all financial
5669 aspects of the business organization and may not be designated
5670 as the primary qualifying agent. The designated financially
5671 responsible officer shall furnish evidence of the financial
5672 responsibility, credit, and business reputation of either
5673 himself or herself, or the business organization he or she
5674 desires to qualify, as determined appropriate by the department
5675 board.
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5676 (d) The department board shall adopt rules prescribing the
5677 qualifications for financially responsible officers, including
5678 net worth, cash, and bonding requirements. These qualifications
5679 must be at least as extensive as the requirements for the
5680 financial responsibility of qualifying agents.
5681 (2)(a) One of the qualifying agents for a business
5682 organization that has more than one qualifying agent may be
5683 designated as the sole primary qualifying agent for the business
5684 organization by a joint agreement that is executed, on a form
5685 provided by the department board, by all qualifying agents for
5686 the business organization.
5687 (b) The joint agreement must be submitted to the
5688 department board for approval. If the department board
5689 determines that the joint agreement is in good order, it shall
5690 approve the designation and immediately notify the qualifying
5691 agents of such approval. The designation made by the joint
5692 agreement is effective upon receipt of the notice by the
5693 qualifying agents.
5694 (3)(a) A qualifying agent who has been designated by a
5695 joint agreement as the sole primary qualifying agent for a
5696 business organization may terminate this status as such by
5697 giving actual notice to the business organization, to the
5698 department board, and to all secondary qualifying agents of his
5699 or her intention to terminate this status. The notice to the
5700 department board must include proof satisfactory to the
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5701 department board that he or she has given the notice required in
5702 this paragraph.
5703 (b) The status of the qualifying agent shall cease upon
5704 the designation of a new primary qualifying agent or 60 days
5705 after satisfactory notice of termination has been provided to
5706 the department board, whichever first occurs.
5707 Section 187. Section 489.121, Florida Statutes, is amended
5708 to read:
5709 489.121 Emergency registration upon death of contractor.—
5710 If an incomplete contract exists at the time of death of a
5711 contractor, the contract may be completed by any person even
5712 though not certified or registered. Such person shall notify the
5713 department board, within 30 days after the death of the
5714 contractor, of his or her name and address, knowledge of the
5715 contract, and ability to complete it. If the department board
5716 approves, he or she may proceed with the contract. For purposes
5717 of this section, an incomplete contract is one which has been
5718 awarded to, or entered into by, the contractor before his or her
5719 death, or on which he or she was the low bidder and the contract
5720 is subsequently awarded to him or her, regardless of whether any
5721 actual work has commenced under the contract before the
5722 contractor's death.
5723 Section 188. Subsection (1) of section 489.126, Florida
5724 Statutes, is amended to read:
5725 489.126 Moneys received by contractors.—
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5726 (1) For purposes of this section, the term "contractor"
5727 includes all definitions as set forth in s. 489.105(2) s.
5728 489.105(3), and any person performing or contracting or
5729 promising to perform work described therein, without regard to
5730 the licensure of the person.
5731 Section 189. Subsection (6) of section 489.127, Florida
5732 Statutes, is amended to read:
5733 489.127 Prohibitions; penalties.—
5734 (6) Local building departments may collect outstanding
5735 fines against registered or certified contractors issued by the
5736 department Construction Industry Licensing Board and may retain
5737 75 percent of the fines they are able to collect, provided that
5738 they transmit 25 percent of the fines they are able to collect
5739 to the department according to a procedure to be determined by
5740 the department.
5741 Section 190. Subsections (1) through (9), paragraph (d) of
5742 subsection (11), and subsection (12) of section 489.129, Florida
5743 Statutes, are amended to read:
5744 489.129 Disciplinary proceedings.—
5745 (1) The department board may take any of the following
5746 actions against any certificateholder or registrant: place on
5747 probation or reprimand the licensee, revoke, suspend, or deny
5748 the issuance or renewal of the certificate or registration,
5749 require financial restitution to a consumer for financial harm
5750 directly related to a violation of a provision of this part,
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5751 impose an administrative fine not to exceed $10,000 per
5752 violation, require continuing education, or assess costs
5753 associated with investigation and prosecution, if the
5754 contractor, financially responsible officer, or business
5755 organization for which the contractor is a primary qualifying
5756 agent, a financially responsible officer, or a secondary
5757 qualifying agent responsible under s. 489.1195 is found guilty
5758 of any of the following acts:
5759 (a) Obtaining a certificate or registration by fraud or
5760 misrepresentation.
5761 (b) Being convicted or found guilty of, or entering a plea
5762 of nolo contendere to, regardless of adjudication, a crime in
5763 any jurisdiction which directly relates to the practice of
5764 contracting or the ability to practice contracting.
5765 (c) Violating any provision of chapter 455.
5766 (d) Performing any act which assists a person or entity in
5767 engaging in the prohibited uncertified and unregistered practice
5768 of contracting, if the certificateholder or registrant knows or
5769 has reasonable grounds to know that the person or entity was
5770 uncertified and unregistered.
5771 (e) Knowingly combining or conspiring with an uncertified
5772 or unregistered person by allowing his or her certificate or
5773 registration to be used by the uncertified or unregistered
5774 person with intent to evade the provisions of this part. When a
5775 certificateholder or registrant allows his or her certificate or
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5776 registration to be used by one or more business organizations
5777 without having any active participation in the operations,
5778 management, or control of such business organizations, such act
5779 constitutes prima facie evidence of an intent to evade the
5780 provisions of this part.
5781 (f) Acting in the capacity of a contractor under any
5782 certificate or registration issued hereunder except in the name
5783 of the certificateholder or registrant as set forth on the
5784 issued certificate or registration, or in accordance with the
5785 personnel of the certificateholder or registrant as set forth in
5786 the application for the certificate or registration, or as later
5787 changed as provided in this part.
5788 (g) Committing mismanagement or misconduct in the practice
5789 of contracting that causes financial harm to a customer.
5790 Financial mismanagement or misconduct occurs when:
5791 1. Valid liens have been recorded against the property of
5792 a contractor's customer for supplies or services ordered by the
5793 contractor for the customer's job; the contractor has received
5794 funds from the customer to pay for the supplies or services; and
5795 the contractor has not had the liens removed from the property,
5796 by payment or by bond, within 75 days after the date of such
5797 liens;
5798 2. The contractor has abandoned a customer's job and the
5799 percentage of completion is less than the percentage of the
5800 total contract price paid to the contractor as of the time of
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5801 abandonment, unless the contractor is entitled to retain such
5802 funds under the terms of the contract or refunds the excess
5803 funds within 30 days after the date the job is abandoned; or
5804 3. The contractor's job has been completed, and it is
5805 shown that the customer has had to pay more for the contracted
5806 job than the original contract price, as adjusted for subsequent
5807 change orders, unless such increase in cost was the result of
5808 circumstances beyond the control of the contractor, was the
5809 result of circumstances caused by the customer, or was otherwise
5810 permitted by the terms of the contract between the contractor
5811 and the customer.
5812 (h) Being disciplined by any municipality or county for an
5813 act or violation of this part.
5814 (i) Failing in any material respect to comply with the
5815 provisions of this part or violating a rule or lawful order of
5816 the department board.
5817 (j) Abandoning a construction project in which the
5818 contractor is engaged or under contract as a contractor. A
5819 project may be presumed abandoned after 90 days if the
5820 contractor terminates the project without just cause or without
5821 proper notification to the owner, including the reason for
5822 termination, or fails to perform work without just cause for 90
5823 consecutive days.
5824 (k) Signing a statement with respect to a project or
5825 contract falsely indicating that the work is bonded; falsely
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5826 indicating that payment has been made for all subcontracted
5827 work, labor, and materials which results in a financial loss to
5828 the owner, purchaser, or contractor; or falsely indicating that
5829 workers' compensation and public liability insurance are
5830 provided.
5831 (l) Committing fraud or deceit in the practice of
5832 contracting.
5833 (m) Committing incompetency or misconduct in the practice
5834 of contracting.
5835 (n) Committing gross negligence, repeated negligence, or
5836 negligence resulting in a significant danger to life or
5837 property.
5838 (o) Proceeding on any job without obtaining applicable
5839 local building department permits and inspections.
5840 (p) Intimidating, threatening, coercing, or otherwise
5841 discouraging the service of a notice to owner under part I of
5842 chapter 713 or a notice to contractor under chapter 255 or part
5843 I of chapter 713.
5844 (q) Failing to satisfy within a reasonable time, the terms
5845 of a civil judgment obtained against the licensee, or the
5846 business organization qualified by the licensee, relating to the
5847 practice of the licensee's profession.
5848 (r) Committing misapplication of construction funds in
5849 violation of s. 713.345. If a contractor, subcontractor, sub-
5850 subcontractor, or other person licensed by the department board
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5851 under this chapter is convicted of misapplication of
5852 construction funds, the department board must suspend all
5853 licenses issued to such licensee under this chapter for a
5854 minimum of 1 year from the date of conviction. The suspension
5855 required under this paragraph is not exclusive, and the
5856 department board may impose any additional penalties set forth
5857 in this subsection.
5858
5859 For the purposes of this subsection, construction is considered
5860 to be commenced when the contract is executed and the contractor
5861 has accepted funds from the customer or lender. A contractor
5862 does not commit a violation of this subsection when the
5863 contractor relies on a building code interpretation rendered by
5864 a building official or person authorized by s. 553.80 to enforce
5865 the building code, absent a finding of fraud or deceit in the
5866 practice of contracting, or gross negligence, repeated
5867 negligence, or negligence resulting in a significant danger to
5868 life or property on the part of the building official, in a
5869 proceeding under chapter 120.
5870 (2) If a registrant or certificateholder disciplined under
5871 subsection (1) is a qualifying agent or financially responsible
5872 officer for a business organization and the violation was
5873 performed in connection with a construction project undertaken
5874 by that business organization, the department board may impose
5875 an additional administrative fine not to exceed $5,000 per
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5876 violation against the business organization or against any
5877 partner, officer, director, trustee, or member if such person
5878 participated in the violation or knew or should have known of
5879 the violation and failed to take reasonable corrective action.
5880 (3) The department board may specify by rule the acts or
5881 omissions which constitute violations of this section.
5882 (4) In recommending penalties in any proposed recommended
5883 final order, the department shall follow the penalty guidelines
5884 established by the department board by rule. The department
5885 shall advise the administrative law judge of the appropriate
5886 penalty, including mitigating and aggravating circumstances, and
5887 the specific rule citation.
5888 (5) The department board may not reinstate the
5889 certification or registration of, or cause a certificate or
5890 registration to be issued to, a person who or business
5891 organization which the department board has determined is
5892 unqualified or whose certificate or registration the department
5893 board has suspended until it is satisfied that such person or
5894 business organization has complied with all the terms and
5895 conditions set forth in the final order and is capable of
5896 competently engaging in the business of contracting.
5897 (6)(a) The department board may assess interest or
5898 penalties on all fines imposed under this chapter against any
5899 person or business organization which has not paid the imposed
5900 fine by the due date established by rule or final order. The
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5901 provisions of chapter 120 do not apply to such assessment.
5902 Interest rates to be imposed shall be established by rule and
5903 may shall not be usurious.
5904 (b) Venue for all actions to enforce any fine levied by
5905 the department board shall be in Duval County. The department
5906 board is authorized to enter into contracts with private
5907 businesses or attorneys to collect such fines with payment for
5908 such collections made on a contingent fee basis. All such
5909 contracts shall be publicly advertised and competitively awarded
5910 based upon responses submitted to a request for proposals
5911 developed by the department board.
5912 (7) The department may board shall not issue or renew a
5913 certificate or registration to any person or business
5914 organization that has been assessed a fine, interest, or costs
5915 associated with investigation and prosecution, or has been
5916 ordered to pay restitution, until such fine, interest, or costs
5917 associated with investigation and prosecution or restitution are
5918 paid in full or until all terms and conditions of the final
5919 order have been satisfied.
5920 (8) If the department board finds any certified or
5921 registered contractor guilty of a violation, the department
5922 board may, as part of its disciplinary action, require such
5923 contractor to obtain continuing education in the areas of
5924 contracting affected by such violation.
5925 (9) Any person certified or registered pursuant to this
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5926 part who has had his or her license revoked may shall not be
5927 eligible to be a partner, officer, director, or trustee of a
5928 business organization defined by this section or be employed in
5929 a managerial or supervisory capacity for a 5-year period. Such
5930 person shall also be ineligible to reapply for certification or
5931 registration under this part for a period of 5 years after the
5932 effective date of the revocation.
5933 (11)
5934 (d) The arbitrator's order shall become a final order of
5935 the department board if not challenged by the complainant or the
5936 certificateholder or registrant within 30 days after filing. The
5937 department's board's review of the arbitrator's order shall
5938 operate in the manner of the review of recommended orders
5939 pursuant to s. 120.57(1) and may shall not be a de novo review.
5940 (12) When an investigation of a contractor is undertaken,
5941 the department shall promptly furnish to the contractor or the
5942 contractor's attorney a copy of the complaint or document that
5943 resulted in the initiation of the investigation. The department
5944 shall make the complaint and supporting documents available to
5945 the contractor. The complaint or supporting documents shall
5946 contain information regarding the specific facts that serve as
5947 the basis for the complaint. The contractor may submit a written
5948 response to the information contained in such complaint or
5949 document within 20 days after service to the contractor of the
5950 complaint or document. The contractor's written response shall
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5951 be considered by the probable cause panel. The right to respond
5952 does not prohibit the issuance of a summary emergency order if
5953 necessary to protect the public. However, if the department
5954 decides secretary, or the secretary's designee, and the chair of
5955 the board or the chair of the probable cause panel agree in
5956 writing that such notification would be detrimental to the
5957 investigation, the department may withhold notification. The
5958 department may conduct an investigation without notification to
5959 a contractor if the act under investigation is a criminal
5960 offense.
5961 Section 191. Paragraphs (c) and (f) of subsection (3),
5962 paragraphs (b) and (c) of subsection (6), paragraphs (c), (d),
5963 (e), and (f) of subsection (7), and subsections (10), (11), and
5964 (12) of section 489.131, Florida Statutes, are amended to read:
5965 489.131 Applicability.—
5966 (3) Nothing in this part limits the power of a
5967 municipality or county:
5968 (c) To collect business taxes, subject to s. 205.065, and
5969 inspection fees for engaging in contracting or examination fees
5970 from persons who are registered with the department board
5971 pursuant to local examination requirements and issue business
5972 tax receipts. However, nothing in this part shall be construed
5973 to require general contractors, building contractors, or
5974 residential contractors to obtain additional business tax
5975 receipts for specialty work when such specialty work is
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5976 performed by employees of such contractors on projects for which
5977 they have substantially full responsibility and such contractors
5978 do not hold themselves out to the public as being specialty
5979 contractors.
5980 (f) To refuse to issue permits or issue permits with
5981 specific conditions to a contractor who has committed multiple
5982 violations, when he or she has been disciplined for each of them
5983 by the department board and when each disciplinary action has
5984 involved revocation or suspension of a license, imposition of an
5985 administrative fine of at least $1,000, or probation; or to
5986 issue permits with specific conditions to a contractor who,
5987 within the previous 12 months, has had disciplinary action other
5988 than a citation or letter of guidance taken against him or her
5989 by the department or by a local board or agency which licenses
5990 contractors and has reported the action pursuant to paragraph
5991 (6)(c), for engaging in the business or acting in the capacity
5992 of a contractor without a license. However, this subsection does
5993 not supersede the provisions of s. 489.113(4), and no county or
5994 municipality may require any certificateholder to obtain a local
5995 professional license or pay a local professional license fee as
5996 a condition of performing any services within the scope of the
5997 certificateholder's statewide license as established under this
5998 part.
5999 (6)
6000 (b) To engage in contracting in the territorial area, an
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6001 applicant shall also be registered with the department board, as
6002 required by s. 489.117.
6003 (c) Each local board or agency that licenses contractors
6004 must transmit quarterly to the department board a report of any
6005 disciplinary action taken against contractors and of any
6006 administrative or disciplinary action taken against unlicensed
6007 persons for engaging in the business or acting in the capacity
6008 of a contractor including any cease and desist orders issued
6009 pursuant to s. 489.113(2)(b) and any fine issued pursuant to s.
6010 489.127(5).
6011 (7)
6012 (c) In addition to any action the local jurisdiction
6013 enforcement body may take against the individual's local
6014 license, and any fine the local jurisdiction may impose, the
6015 local jurisdiction enforcement body shall issue a recommended
6016 penalty for department board action. This recommended penalty
6017 may include a recommendation for no further action, or a
6018 recommendation for suspension, restitution, revocation, or
6019 restriction of the registration, or a fine to be levied by the
6020 department board, or a combination thereof. The recommended
6021 penalty must specify the violations of this chapter upon which
6022 the recommendation is based. The local jurisdiction enforcement
6023 body shall inform the disciplined contractor and the complainant
6024 of the local license penalty imposed, the department board
6025 penalty recommended, his or her rights to appeal, and the
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6026 consequences should he or she decide not to appeal. The local
6027 jurisdiction enforcement body shall, upon having reached
6028 adjudication or having accepted a plea of nolo contendere,
6029 immediately inform the department board of its action and the
6030 recommended department board penalty.
6031 (d) The department, the disciplined contractor, or the
6032 complainant may challenge the local jurisdiction enforcement
6033 body's recommended penalty for department board action to the
6034 department Construction Industry Licensing Board. A challenge
6035 shall be filed within 60 days after the issuance of the
6036 recommended penalty to the department board. If challenged,
6037 there is a presumptive finding of probable cause and the case
6038 may proceed without the need for a probable cause hearing.
6039 (e) Failure of the department, the disciplined contractor,
6040 or the complainant to challenge the local jurisdiction's
6041 recommended penalty within the time period set forth in this
6042 subsection shall constitute a waiver of the right to a hearing
6043 before the department board. A waiver of the right to a hearing
6044 before the department board shall be deemed an admission of the
6045 violation, and the penalty recommended shall become a final
6046 order according to procedures developed by department board rule
6047 without further department board action. The disciplined
6048 contractor may appeal this department board action to the
6049 district court.
6050 (f)1. The department may investigate any complaint which
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6051 is made with the department. However, the department may not
6052 initiate or pursue any complaint against a registered contractor
6053 who is not also a certified contractor where a local
6054 jurisdiction enforcement body has jurisdiction over the
6055 complaint, unless summary procedures are initiated by the
6056 secretary pursuant to s. 455.225(8), or unless the local
6057 jurisdiction enforcement body has failed to investigate and
6058 prosecute a complaint, or make a finding of no violation, within
6059 6 months of receiving the complaint. The department shall refer
6060 the complaint to the local jurisdiction enforcement body for
6061 investigation, and if appropriate, prosecution. However, the
6062 department may investigate such complaints to the extent
6063 necessary to determine whether summary procedures should be
6064 initiated.
6065 2. Upon a recommendation by the department, the department
6066 board may make conditional, suspend, or rescind its
6067 determination of the adequacy of the local government
6068 enforcement body's disciplinary procedures granted under s.
6069 489.117(2).
6070 (10) No municipal or county government may issue any
6071 certificate of competency or license for any contractor defined
6072 in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o) after July 1, 1993,
6073 unless such local government exercises disciplinary control and
6074 oversight over such locally licensed contractors, including
6075 forwarding a recommended order in each action to the department
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6076 board as provided in subsection (7). Each local board that
6077 licenses and disciplines contractors must have at least two
6078 consumer representatives on that board. If the local board has
6079 seven or more members, at least three of those members must be
6080 consumer representatives. The consumer representative may be any
6081 resident of the local jurisdiction who is not, and has never
6082 been, a member or practitioner of a profession regulated by the
6083 department board or a member of any closely related profession.
6084 (11) Any municipal or county government which enters or
6085 has in place a reciprocal agreement which accepts a certificate
6086 of competency or license issued by another municipal or county
6087 government in lieu of its own certificate of competency or
6088 license allowing contractors defined in s. 489.105(2)(a)-(o) s.
6089 489.105(3)(a)-(o), shall file a certified copy of such agreement
6090 with the department board not later than 60 days after July 1,
6091 1993, or 30 days after the effective date of such agreement.
6092 (12) Unless specifically provided, the provisions of this
6093 part does shall not be construed to create a civil cause of
6094 action.
6095 Section 192. Subsection (5) of section 489.132, Florida
6096 Statutes, is amended to read:
6097 489.132 Prohibited acts by unlicensed principals;
6098 investigation; hearing; penalties.—
6099 (5) The department may suspend, revoke, or deny issuance
6100 or renewal of a certificate or registration for any individual
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6101 or business organization that associates a person as an officer,
6102 director, or partner, or in a managerial or supervisory
6103 capacity, after such person has been found under a final order
6104 to have violated this section or was an officer, director,
6105 partner, trustee, or manager of a business organization
6106 disciplined by the department board by revocation, suspension,
6107 or fine in excess of $2,500, upon finding reasonable cause that
6108 such person knew or reasonably should have known of the conduct
6109 leading to the discipline.
6110 Section 193. Subsections (2) and (4) of section 489.133,
6111 Florida Statutes, are amended to read:
6112 489.133 Pollutant storage systems specialty contractors;
6113 definitions; certification; restrictions.—
6114 (2) The department board shall adopt rules providing
6115 standards for registration of precision tank testers who
6116 precision test a pollutant storage tank. The Department of
6117 Environmental Protection shall approve the methodology,
6118 procedures, and equipment used and shall approve the applicant
6119 as being eligible for registration as a registered precision
6120 tank tester. A registered precision tank tester is subject to
6121 the provisions of ss. 489.129 and 489.132 and is considered a
6122 contractor operating as a primary qualifying agent for the
6123 business entity employing him or her, which is considered a
6124 contracting firm for the purposes of ss. 489.129 and 489.132. A
6125 person who registers under this subsection is exempt from
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6126 municipal, county, or development district registration under s.
6127 489.117 and may operate as a precision tank tester statewide.
6128 (4) The department board shall adopt rules providing
6129 standards for certification of pollutant storage systems
6130 specialty contractors, including persons who remove such
6131 systems. The department board shall provide the proposed rules
6132 to the Department of Environmental Protection for review and
6133 comment before prior to adoption. The rules shall include, but
6134 not be limited to:
6135 (a) Standards for operating as a pollutant storage systems
6136 specialty contractor.
6137 (b) Requirements for certification as a pollutant storage
6138 systems specialty contractor.
6139 (c) Requirements for certification without examination of
6140 pollutant storage systems specialty contractors for any person
6141 who has passed a local licensure examination, a licensure
6142 examination in another state, or a licensure examination of a
6143 national organization, which is at least as stringent as the
6144 examination adopted by the department board.
6145 Section 194. Subsections (1) and (2) of section 489.1401,
6146 Florida Statutes, are amended to read:
6147 489.1401 Legislative intent.—
6148 (1) It is the intent of the Legislature that actions taken
6149 by the department Construction Industry Licensing Board with
6150 respect to contractor sanctions and pursuant to this chapter are
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6151 an exercise of the department's regulatory power for the
6152 protection of public safety and welfare.
6153 (2) It is the intent of the Legislature that the sole
6154 purpose of the Florida Homeowners' Construction Recovery Fund is
6155 to compensate an aggrieved claimant who contracted for the
6156 construction or improvement of the homeowner's residence located
6157 within this state and who has obtained a final judgment in a
6158 court of competent jurisdiction, was awarded restitution by the
6159 department Construction Industry Licensing Board, or received an
6160 award in arbitration against a licensee on grounds of financial
6161 mismanagement or misconduct, abandoning a construction project,
6162 or making a false statement with respect to a project. Such
6163 grievance must arise directly out of a transaction conducted
6164 when the judgment debtor was licensed and must involve an act
6165 enumerated in s. 489.129(1)(g), (j), or (k).
6166 Section 195. Paragraphs (c) through (l) of subsection (1)
6167 of section 489.1402, Florida Statutes, are redesignated as
6168 paragraphs (b) through (k), respectively, and present paragraphs
6169 (b) and (d) of that subsection are amended, to read:
6170 489.1402 Homeowners' Construction Recovery Fund;
6171 definitions.—
6172 (1) The following definitions apply to ss. 489.140-
6173 489.144:
6174 (b) "Board" means the Construction Industry Licensing
6175 Board.
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6176 (d) "Contractor" means a Division I or Division II
6177 contractor performing his or her respective services described
6178 in s. 489.105(2) s. 489.105(3).
6179 Section 196. Paragraphs (a), (e), (f), and (g) of
6180 subsection (1), paragraph (f) of subsection (2), and subsection
6181 (3) of section 489.141, Florida Statutes, are amended to read:
6182 489.141 Conditions for recovery; eligibility.—
6183 (1) A claimant is eligible to seek recovery from the
6184 recovery fund after making a claim and exhausting the limits of
6185 any available bond, cash bond, surety, guarantee, warranty,
6186 letter of credit, or policy of insurance if each of the
6187 following conditions is satisfied:
6188 (a) The claimant has received a final judgment in a court
6189 of competent jurisdiction in this state or has received an award
6190 in arbitration or the department Construction Industry Licensing
6191 Board has issued a final order directing the licensee to pay
6192 restitution to the claimant. The department board may waive this
6193 requirement if:
6194 1. The claimant is unable to secure a final judgment
6195 against the licensee due to the death of the licensee; or
6196 2. The claimant has sought to have assets involving the
6197 transaction that gave rise to the claim removed from the
6198 bankruptcy proceedings so that the matter might be heard in a
6199 court of competent jurisdiction in this state and, after due
6200 diligence, the claimant is precluded by action of the bankruptcy
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6201 court from securing a final judgment against the licensee.
6202 (e) The contract was executed and the violation occurred
6203 on or after July 1, 1993, and provided that:
6204 1. The claimant has caused to be issued a writ of
6205 execution upon such judgment, and the officer executing the writ
6206 has made a return showing that no personal or real property of
6207 the judgment debtor or licensee liable to be levied upon in
6208 satisfaction of the judgment can be found or that the amount
6209 realized on the sale of the judgment debtor's or licensee's
6210 property pursuant to such execution was insufficient to satisfy
6211 the judgment;
6212 2. If the claimant is unable to comply with subparagraph
6213 1. for a valid reason to be determined by the department board,
6214 the claimant has made all reasonable searches and inquiries to
6215 ascertain whether the judgment debtor or licensee is possessed
6216 of real or personal property or other assets subject to being
6217 sold or applied in satisfaction of the judgment and by his or
6218 her search has discovered no property or assets or has
6219 discovered property and assets and has taken all necessary
6220 action and proceedings for the application thereof to the
6221 judgment but the amount thereby realized was insufficient to
6222 satisfy the judgment; and
6223 3. The claimant has made a diligent attempt, as defined by
6224 department board rule, to collect the restitution awarded by the
6225 department board.
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6226 (f) A claim for recovery is made within 1 year after the
6227 conclusion of any civil, criminal, or administrative action or
6228 award in arbitration based on the act. This paragraph applies to
6229 any claim filed with the department board after October 1, 1998.
6230 (g) Any amounts recovered by the claimant from the
6231 judgment debtor or licensee, or from any other source, have been
6232 applied to the damages awarded by the court or the amount of
6233 restitution ordered by the department board.
6234 (2) A claimant is not qualified to make a claim for
6235 recovery from the recovery fund if:
6236 (f) The claimant had entered into a contract with a
6237 licensee to perform a scope of work described in s.
6238 489.105(2)(d)-(q) s. 489.105(3)(d)-(q) before July 1, 2016.
6239 (3) The department board may determine by rule
6240 documentation that is required to complete a claim.
6241 Section 197. Section 489.142, Florida Statutes, is amended
6242 to read:
6243 489.142 Department Board powers relating to recovery;
6244 conduct of hearings and service.—
6245 (1) With respect to actions for recovery from the recovery
6246 fund, the department board may intervene, enter an appearance,
6247 file an answer, defend the action, or take any action it deems
6248 appropriate and may take recourse through any appropriate method
6249 of review on behalf of the State of Florida. The department
6250 board may delegate to the department by rule the authority to
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6251 close any case when a claimant is not qualified to make a claim
6252 for recovery from the recovery fund under s. 489.141(2); when
6253 after notice the claimant has failed to provide documentation in
6254 support of the claim as required by the department board; or
6255 when the licensee has reached the aggregate limit.
6256 (2) Notwithstanding any other provision of law, the
6257 department board shall cause a notice of hearing to be served 14
6258 days in advance of the hearing on the claimant and on the
6259 licensee whose license is subject to suspension by s. 489.143.
6260 Each notice shall inform the recipient of any administrative
6261 hearing or judicial review that is available under s. 120.569,
6262 s. 120.57, or s. 120.68; shall indicate the procedure that must
6263 be followed to obtain the hearing or judicial review; and shall
6264 state the time limits that apply. Service of the notice on the
6265 licensee shall be made in accordance with s. 455.275. Service of
6266 the notice on the claimant shall be by regular United States
6267 mail at the address provided on the claim. The service of notice
6268 in accordance with this section is complete upon expiration of
6269 14 days after deposit in the United States mail. Proof of
6270 service of a notice shall be made by entry in the records of the
6271 department that the notice was given. The entry shall be
6272 admissible in judicial and administrative proceedings of this
6273 state and shall constitute sufficient proof that notice was
6274 given.
6275 (3) Notwithstanding any other provision of law, department
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6276 board hearings on claims shall be conducted in accordance with
6277 ss. 120.569 and 120.57(2). All claim hearings shall be conducted
6278 at the department's board's regular meeting at the place, date,
6279 and time published. Orders of the department board denying or
6280 awarding funds to a claimant constitute final orders that may be
6281 appealed in accordance with s. 120.68. Orders awarding or
6282 denying claims shall be served in the same manner as notices of
6283 hearing in this section.
6284 Section 198. Section 489.1425, Florida Statutes, is
6285 amended to read:
6286 489.1425 Duty of contractor to notify residential property
6287 owner of recovery fund.—
6288 (1) Each agreement or contract for repair, restoration,
6289 improvement, or construction to residential real property must
6290 contain a written statement explaining the consumer's rights
6291 under the recovery fund, except where the value of all labor and
6292 materials does not exceed $2,500. The written statement must be
6293 substantially in the following form:
6294 FLORIDA HOMEOWNERS' CONSTRUCTION
6295 RECOVERY FUND
6296 PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
6297 FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY
6298 ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
6299 FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
6300 CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A
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6301 CLAIM, CONTACT THE FLORIDA DEPARTMENT OF BUSINESS AND
6302 PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD AT
6303 THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
6304 The statement must shall be immediately followed by the
6305 department's board's address and telephone number as established
6306 by department board rule.
6307 (2)(a) Upon finding a first violation of subsection (1),
6308 the department board may fine the contractor up to $500, and the
6309 moneys must be deposited into the recovery fund.
6310 (b) Upon finding a second or subsequent violation of
6311 subsection (1), the department board shall fine the contractor
6312 $1,000 per violation, and the moneys must be deposited into the
6313 recovery fund.
6314 Section 199. Subsections (1), (2), (4), and (6) of section
6315 489.143, Florida Statutes, are amended to read:
6316 489.143 Payment from the fund.—
6317 (1) The fund shall be disbursed as provided in s. 489.141
6318 on a final order of the department board.
6319 (2) A claimant who meets all of the conditions prescribed
6320 in s. 489.141 may apply to the department board to cause payment
6321 to be made to a claimant from the recovery fund in an amount
6322 equal to the judgment, award, or restitution order or $25,000,
6323 whichever is less, or an amount equal to the unsatisfied portion
6324 of such person's judgment, award, or restitution order, but only
6325 to the extent and amount of actual damages suffered by the
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6326 claimant, and only up to the maximum payment allowed for each
6327 respective Division I and Division II claim. Payment from the
6328 fund for other costs related to or pursuant to civil proceedings
6329 such as postjudgment interest, attorney fees, court costs,
6330 medical damages, and punitive damages is prohibited. The
6331 recovery fund is not obligated to pay a judgment, an award, or a
6332 restitution order, or any portion thereof, which is not
6333 expressly based on one of the grounds for recovery set forth in
6334 s. 489.141.
6335 (4) Upon receipt by a claimant under subsection (2) of
6336 payment from the recovery fund, the claimant shall assign his or
6337 her additional right, title, and interest in the judgment,
6338 award, or restitution order, to the extent of such payment, to
6339 the department board, and thereupon the department board shall
6340 be subrogated to the right, title, and interest of the claimant;
6341 and any amount subsequently recovered on the judgment, award, or
6342 restitution order, to the extent of the right, title, and
6343 interest of the department board therein, shall be for the
6344 purpose of reimbursing the recovery fund.
6345 (6) For contracts entered into before July 1, 2004,
6346 payments for claims against any one licensee may not exceed, in
6347 the aggregate, $100,000 annually, up to a total aggregate of
6348 $250,000. For any claim approved by the department board which
6349 is in excess of the annual cap, the amount in excess of $100,000
6350 up to the total aggregate cap of $250,000 is eligible for
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6351 payment in the next and succeeding fiscal years, but only after
6352 all claims for the then-current calendar year have been paid.
6353 Payments may not exceed the aggregate annual or per claimant
6354 limits under law. Beginning January 1, 2005, for each Division I
6355 contract entered into after July 1, 2004, payment from the
6356 recovery fund is subject only to a total aggregate cap of
6357 $500,000 for each Division I licensee. Beginning January 1,
6358 2017, for each Division II contract entered into on or after
6359 July 1, 2016, payment from the recovery fund is subject only to
6360 a total aggregate cap of $150,000 for each Division II licensee.
6361 Beginning January 1, 2025, for Division I and Division II
6362 contracts entered into on or after July 1, 2024, payment from
6363 the recovery fund is subject only to a total aggregate cap of $2
6364 million for each Division I licensee and $600,000 for each
6365 Division II licensee.
6366 Section 200. Paragraph (a) of subsection (1) of section
6367 489.1455, Florida Statutes, is amended to read:
6368 489.1455 Journeyman; reciprocity; standards.—
6369 (1) Counties and municipalities are authorized to issue
6370 journeyman licenses in the plumbing, pipe fitting, mechanical,
6371 or HVAC trades to an individual who:
6372 (a) Has scored at least 70 percent, or after October 1,
6373 1997, at least 75 percent, on a proctored journeyman Block and
6374 Associates examination or other proctored examination approved
6375 by the department board for the trade in which he or she is
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6376 licensed;
6377 Section 201. Section 489.146, Florida Statutes, is amended
6378 to read:
6379 489.146 Privatization of services.—Notwithstanding any
6380 other provision of this part relating to the review of licensure
6381 applications, issuance of licenses and renewals, collection of
6382 revenues, fees, and fines, service of documents, publications,
6383 and printing, and other ministerial functions of the department
6384 relating to the regulation of contractors, the department shall
6385 make all reasonable efforts to contract with one or more private
6386 entities for provision of such services, when such services can
6387 be provided in a more efficient manner by private entities. The
6388 department or the department board shall retain final authority
6389 for licensure decisions and rulemaking, including all appeals or
6390 other legal action resulting from such licensure decisions or
6391 rulemaking.
6392 Section 202. Subsection (1) of section 489.509, Florida
6393 Statutes, is amended to read:
6394 489.509 Fees.—
6395 (1) The department board, by rule, shall establish fees to
6396 be paid for applications, examination, reexamination, transfers,
6397 licensing and renewal, reinstatement, and recordmaking and
6398 recordkeeping. The examination fee shall be in an amount that
6399 covers the cost of obtaining and administering the examination
6400 and shall be refunded if the applicant is found ineligible to
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6401 sit for the examination. The application fee is nonrefundable.
6402 The fee for initial application and examination for
6403 certification of electrical contractors may not exceed $400. The
6404 initial application fee for registration may not exceed $150.
6405 The biennial renewal fee may not exceed $400 for
6406 certificateholders and $200 for registrants. The fee for initial
6407 application and examination for certification of alarm system
6408 contractors may not exceed $400. The biennial renewal fee for
6409 certified alarm system contractors may not exceed $450. The
6410 department board may establish a fee for a temporary certificate
6411 as an alarm system contractor not to exceed $75. The department
6412 board may also establish by rule a delinquency fee not to exceed
6413 $50. The fee to transfer a certificate or registration from one
6414 business organization to another may not exceed $200. The fee
6415 for reactivation of an inactive license may not exceed $50. The
6416 department board shall establish fees that are adequate to
6417 ensure the continued operation of the department board. Fees
6418 shall be based on department estimates of the revenue required
6419 to implement this part and the provisions of law with respect to
6420 the regulation of electrical contractors and alarm system
6421 contractors.
6422 Section 203. Section 489.510, Florida Statutes, is amended
6423 to read:
6424 489.510 Evidence of workers' compensation coverage.—Except
6425 as provided in s. 489.515(3)(b), any person, business
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6426 organization, or qualifying agent engaged in the business of
6427 contracting in this state and certified or registered under this
6428 part shall, as a condition precedent to the issuance or renewal
6429 of a certificate or registration of the contractor, provide to
6430 the department Electrical Contractors' Licensing Board, as
6431 provided by department board rule, evidence of workers'
6432 compensation coverage pursuant to chapter 440. In the event that
6433 the Division of Workers' Compensation of the Department of
6434 Financial Services receives notice of the cancellation of a
6435 policy of workers' compensation insurance insuring a person or
6436 entity governed by this section, the Division of Workers'
6437 Compensation shall certify and identify all persons or entities
6438 by certification or registration license number to the
6439 department after verification is made by the Division of
6440 Workers' Compensation that persons or entities governed by this
6441 section are no longer covered by workers' compensation
6442 insurance. Such certification and verification by the Division
6443 of Workers' Compensation may result from records furnished to
6444 the Division of Workers' Compensation by the persons or entities
6445 governed by this section or an investigation completed by the
6446 Division of Workers' Compensation. The department shall notify
6447 the persons or entities governed by this section who have been
6448 determined to be in noncompliance with chapter 440, and the
6449 persons or entities notified shall provide certification of
6450 compliance with chapter 440 to the department and pay an
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6451 administrative fine in the amount of $500. The failure to
6452 maintain workers' compensation coverage as required by law shall
6453 be grounds for the department board to revoke, suspend, or deny
6454 the issuance or renewal of a certificate or registration of the
6455 contractor under the provisions of s. 489.533.
6456 Section 204. Paragraph (b) of subsection (1) and
6457 subsections (2) through (5) of section 489.511, Florida
6458 Statutes, are amended to read:
6459 489.511 Certification; application; examinations;
6460 endorsement.—
6461 (1)
6462 (b) Any person desiring to be certified as a contractor
6463 shall apply to the department in writing and must meet the
6464 following criteria:
6465 1. Be of good moral character;
6466 2. Pass the certification examination, achieving a passing
6467 grade as established by department board rule; and
6468 3. Meet eligibility requirements according to one of the
6469 following criteria:
6470 a. Has, within the 6 years immediately preceding the
6471 filing of the application, at least 3 years of proven management
6472 experience in the trade or education equivalent thereto, or a
6473 combination thereof, but not more than one-half of such
6474 experience may be educational equivalent;
6475 b. Has, within the 8 years immediately preceding the
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6476 filing of the application, at least 4 years of experience as a
6477 supervisor or contractor in the trade for which he or she is
6478 making application, or at least 4 years of experience as a
6479 supervisor in electrical or alarm system work with the United
6480 States Armed Forces;
6481 c. Has, within the 12 years immediately preceding the
6482 filing of the application, at least 6 years of comprehensive
6483 training, technical education, or supervisory experience
6484 associated with an electrical or alarm system contracting
6485 business, or at least 6 years of technical experience,
6486 education, or training in electrical or alarm system work with
6487 the United States Armed Forces or a governmental entity;
6488 d. Has, within the 12 years immediately preceding the
6489 filing of the application, been licensed for 3 years as a
6490 professional engineer who is qualified by education, training,
6491 or experience to practice electrical engineering; or
6492 e. Has any combination of qualifications under sub-
6493 subparagraphs a.-c. totaling 6 years of experience.
6494 (2) The department board may determine by rule the number
6495 of times per year the applicant may take the examination and
6496 after three unsuccessful attempts may require the applicant to
6497 complete additional college-level or technical education courses
6498 in the areas of deficiency, as determined by the department
6499 board, as a condition of future eligibility to take the
6500 examination.
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6501 (3)(a) "Good moral character" means a personal history of
6502 honesty, fairness, and respect for the rights of others and for
6503 laws of this state and nation.
6504 (b) The department board may determine that an individual
6505 applying for certification is ineligible for failure to satisfy
6506 the requirement of good moral character only if:
6507 1. There is a substantial connection between the lack of
6508 good moral character of the individual and the professional
6509 responsibilities of a certified contractor; and
6510 2. The finding by the department board of lack of good
6511 moral character is supported by clear and convincing evidence.
6512 (c) When an individual is found to be unqualified for
6513 certification because of a lack of good moral character, the
6514 department board shall furnish such individual a statement
6515 containing the findings of the department board, a complete
6516 record of the evidence upon which the determination was based,
6517 and a notice of the rights of the individual to a rehearing and
6518 appeal.
6519 (4) The department board shall, by rule, designate those
6520 types of specialty electrical or alarm system contractors who
6521 may be certified under this part. The limit of the scope of work
6522 and responsibility of a certified specialty contractor shall be
6523 established by department board rule. A certified specialty
6524 contractor category exists as an optional statewide licensing
6525 category. Qualification for certification in a specialty
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6526 category created by rule shall be the same as set forth in
6527 paragraph (1)(b). The existence of a specialty category created
6528 by rule does not itself create any licensing requirement;
6529 however, neither does its optional nature remove any licensure
6530 requirement established elsewhere in this part.
6531 (5) The department board shall certify as qualified for
6532 certification by endorsement any individual applying for
6533 certification who:
6534 (a) Meets the requirements for certification as set forth
6535 in this section; has passed a national, regional, state, or
6536 United States territorial licensing examination that is
6537 substantially equivalent to the examination required by this
6538 part; and has satisfied the requirements set forth in s.
6539 489.521;
6540 (b) Holds a valid license to practice electrical or alarm
6541 system contracting issued by another state or territory of the
6542 United States, if the criteria for issuance of such license were
6543 substantially equivalent to the certification criteria that
6544 existed in this state at the time the certificate was issued; or
6545 (c) Has held a valid, current license to practice
6546 electrical or alarm system contracting issued by another state
6547 or territory of the United States for at least 10 years before
6548 the date of application and is applying for the same or similar
6549 license in this state, subject to ss. 489.510 and 489.521(3)(a)
6550 and subparagraph (1)(b)1. Such application must be made either
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6551 when the license in another state or territory is active or
6552 within 2 years after such license was last active. Electrical
6553 contractors and alarm system contractors must complete a 2-hour
6554 course on the Florida Building Code. The required courses may be
6555 completed online.
6556 Section 205. Paragraph (c) of subsection (1) and
6557 subsections (3) and (6) of section 489.513, Florida Statutes,
6558 are amended to read:
6559 489.513 Registration; application; requirements.—
6560 (1) Any person engaged in the business of contracting in
6561 the state shall be registered in the proper classification
6562 unless he or she is certified. Any person desiring to be a
6563 registered contractor shall apply to the department for
6564 registration and must:
6565 (c) Meet eligibility requirements according to the
6566 following criteria:
6567 1. As used in this subsection, the term "good moral
6568 character" means a personal history of honesty, fairness, and
6569 respect for the rights of others and for state and federal law.
6570 2. The department board may determine that an individual
6571 applying for registration is ineligible due to failure to
6572 satisfy the requirement of good moral character only if:
6573 a. There is a substantial connection between the lack of
6574 good moral character of the individual and the professional
6575 responsibilities of a registered contractor; and
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6576 b. The finding by the department board of lack of good
6577 moral character is supported by clear and convincing evidence.
6578 3. When an individual is found to be unqualified because
6579 of lack of good moral character, the department board must
6580 furnish such individual a statement containing the findings of
6581 the department board, a complete record of evidence upon which
6582 the determination was based, and a notice of the rights of the
6583 individual to a rehearing and an appeal.
6584 (3) To be registered as an electrical contractor, an alarm
6585 system contractor I, an alarm system contractor II, or a
6586 residential alarm system contractor, the applicant shall file
6587 evidence of holding a current certificate of competency issued
6588 by any municipality or county of the state for the type of work
6589 for which registration is desired, on a form provided by the
6590 department, together with evidence of having passed an
6591 appropriate local examination, written or oral, designed to test
6592 skills and knowledge relevant to the technical performance of
6593 the profession, accompanied by the registration fee fixed
6594 pursuant to this part. For any person working or wishing to work
6595 in any local jurisdiction that does not require an examination
6596 for its license, the applicant may apply and shall be considered
6597 qualified to be issued a registration in the appropriate
6598 electrical or alarm system category, provided that he or she
6599 shows that he or she has scored at least 75 percent on an
6600 examination which is substantially equivalent to the examination
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6601 approved by the department board for certification in the
6602 category and that he or she has had at least 3 years' technical
6603 experience in the trade. The requirement to take and pass an
6604 examination in order to obtain a registration does shall not
6605 apply to persons making application before prior to the
6606 effective date of this act.
6607 (6) The local jurisdictions are responsible for providing
6608 the following information to the department board within 30 days
6609 after licensure of, or any disciplinary action against, a
6610 locally licensed contractor who is registered under this part:
6611 (a) Licensure information.
6612 (b) Code violation information pursuant to s. 553.781.
6613 (c) Disciplinary information.
6614
6615 The department board shall maintain such licensure and
6616 disciplinary information as it is provided to the department
6617 board and shall make the information available through the
6618 automated information system provided pursuant to s. 455.2286.
6619 Section 206. Section 489.514, Florida Statutes, is amended
6620 to read:
6621 489.514 Certification for registered contractors;
6622 grandfathering provisions.—
6623 (1) The department board shall, upon receipt of a
6624 completed application, appropriate fee, and proof of compliance
6625 with the provisions of this section, issue:
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6626 (a) To an applying registered electrical contractor, a
6627 certificate as an electrical contractor, as defined in s.
6628 489.505(12);
6629 (b) To an applying registered alarm system contractor, a
6630 certificate in the matching alarm system contractor category, as
6631 defined in s. 489.505(2)(a) or (b); or
6632 (c) To an applying registered electrical specialty
6633 contractor, a certificate in the matching electrical specialty
6634 contractor category, as defined in s. 489.505(19).
6635 (2) Any contractor registered under this part who makes
6636 application under this section to the department board shall
6637 meet each of the following requirements for certification:
6638 (a) Currently holds a valid registered local license in
6639 the category of electrical contractor, alarm system contractor,
6640 or electrical specialty contractor.
6641 (b) Has, for that category, passed a written, proctored
6642 examination that the department board finds to be substantially
6643 similar to the examination required to be licensed as a
6644 certified contractor under this part. For purposes of this
6645 subsection, a written, proctored examination such as that
6646 produced by the National Assessment Institute, Block and
6647 Associates, NAI/Block, Experior Assessments, Professional
6648 Testing, Inc., or Assessment Systems, Inc., shall be considered
6649 to be substantially similar to the examination required to be
6650 licensed as a certified contractor. The department board may not
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6651 impose or make any requirements regarding the nature or content
6652 of these cited examinations.
6653 (c) Has at least 5 years of experience as a contractor in
6654 that contracting category, or as an inspector or building
6655 administrator with oversight over that category, at the time of
6656 application. For contractors, only time periods in which the
6657 contractor license is active and the contractor is not on
6658 probation shall count toward the 5 years required under this
6659 subsection.
6660 (d) Has not had his or her contractor's license revoked at
6661 any time, had his or her contractor's license suspended in the
6662 last 5 years, or been assessed a fine in excess of $500 in the
6663 last 5 years.
6664 (e) Is in compliance with the insurance and financial
6665 responsibility requirements in s. 489.515(1)(b).
6666 Section 207. Subsections (1) through(4) of section
6667 489.515, Florida Statutes, are amended to read:
6668 489.515 Issuance of certificates; registrations.—
6669 (1)(a) The department shall issue a certificate to a
6670 person who the department board certifies is qualified to become
6671 a certified contractor.
6672 (b) The department board shall certify as qualified for
6673 certification any person who satisfies the requirements of s.
6674 489.511 and who submits satisfactory evidence that he or she has
6675 obtained both workers' compensation insurance or an acceptable
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6676 exemption certificate issued by the department and public
6677 liability and property damage insurance for the health, safety,
6678 and welfare of the public in amounts determined by rule of the
6679 department board, and furnishes evidence of financial
6680 responsibility, credit, and business reputation of either
6681 himself or herself or the business organization he or she
6682 desires to qualify.
6683 (c) Upon compliance with the provisions of this section
6684 and payment of the certification fee, the department shall issue
6685 the person a certificate.
6686 (2) The department shall issue a registration to a person
6687 who is in compliance with the provisions of s. 489.513 and who
6688 the department board certifies is qualified to be registered.
6689 (3)(a) As a prerequisite to the initial issuance or the
6690 renewal of a certificate or registration, the applicant shall
6691 submit an affidavit on a form provided by the department board
6692 attesting to the fact that the applicant has obtained both
6693 workers' compensation insurance or an acceptable exemption
6694 certificate issued by the department and public liability and
6695 property damage insurance for the health, safety, and welfare of
6696 the public in amounts determined by rule of the department
6697 board. The department board shall by rule establish a procedure
6698 to verify the accuracy of such affidavits based upon a random
6699 audit method.
6700 (b) An applicant for initial issuance of a certificate or
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6701 registration shall submit as a prerequisite to qualifying for an
6702 exemption from workers' compensation coverage requirements under
6703 s. 440.05 an affidavit attesting to the fact that the applicant
6704 will obtain an exemption within 30 days after the date the
6705 initial certificate or registration is issued by the department
6706 board.
6707 (4) The department board may refuse to certify any
6708 applicant who has violated any of the provisions of s. 489.533.
6709 Section 208. Subsection (4) of section 489.516, Florida
6710 Statutes, is amended to read:
6711 489.516 Qualifications to practice; restrictions;
6712 prerequisites.—
6713 (4) A county or municipality may suspend or deny a locally
6714 issued permit when the local building official, tax collector,
6715 or other authorized person determines that the contractor has
6716 failed to obtain both workers' compensation insurance or an
6717 acceptable exemption certificate issued by the department and
6718 public liability and property damage insurance in the amounts
6719 determined by rule of the department board.
6720 Section 209. Section 489.5161, Florida Statutes, is
6721 amended to read:
6722 489.5161 Credit for relevant military training and
6723 education.—
6724 (1) The department shall provide a method by which
6725 honorably discharged veterans may apply for licensure. The
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6726 method must include a veteran-specific application and provide,
6727 to the fullest extent possible, credit toward the requirements
6728 for licensure for military experience, training, and education
6729 received and completed during service in the United States Armed
6730 Forces if the military experience, training, or education is
6731 substantially similar to the experience, training, or education
6732 required for licensure. The department board may adopt rules
6733 pursuant to ss. 120.536(1) and 120.54 to implement this
6734 subsection.
6735 (2) Notwithstanding any other provision of law, beginning
6736 October 1, 2017, and annually thereafter, the department, in
6737 conjunction with the board, is directed to prepare and submit a
6738 report titled "Construction and Electrical Contracting Veteran
6739 Applicant Statistics" to the Governor, the President of the
6740 Senate, and the Speaker of the House of Representatives. The
6741 report shall include statistics and information relating to this
6742 section and s. 489.1131 which detail:
6743 (a) The number of applicants who identified themselves as
6744 veterans.
6745 (b) The number of veterans whose application for a license
6746 was approved.
6747 (c) The number of veterans whose application for a license
6748 was denied, including data on the reasons for denial.
6749 (d) Data on the application processing times for veterans.
6750 (e) Recommendations on ways to improve the department's
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6751 ability to meet the needs of veterans which would effectively
6752 address the challenges that veterans face when separating from
6753 military service and seeking a license regulated by the
6754 department pursuant to this part.
6755 Section 210. Subsections (4), (5), and (6) of section
6756 489.517, Florida Statutes, are renumbered as subsections (3),
6757 (4), and (5), respectively, and subsection (3) and present
6758 subsections (5) and (6) of that section are amended, to read:
6759 489.517 Renewal of certificate or registration; continuing
6760 education.—
6761 (3)(a) Each certificateholder or registrant licensed as a
6762 specialty contractor or an alarm system contractor shall provide
6763 proof, in a form established by rule of the board, that the
6764 certificateholder or registrant has completed at least 7
6765 classroom hours of at least 50 minutes each of continuing
6766 education courses during each biennium since the issuance or
6767 renewal of the certificate or registration. The board shall by
6768 rule establish criteria for the approval of continuing education
6769 courses and providers and may by rule establish criteria for
6770 accepting alternative nonclassroom continuing education on an
6771 hour-for-hour basis.
6772 (b) Each certificateholder or registrant licensed as an
6773 electrical contractor shall provide proof, in a form established
6774 by rule of the board, that the certificateholder or registrant
6775 has completed at least 11 classroom hours of at least 50 minutes
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6776 each of continuing education courses during each biennium since
6777 the issuance or renewal of the certificate or registration. The
6778 board shall by rule establish criteria for the approval of
6779 continuing education courses and providers and may by rule
6780 establish criteria for accepting alternative nonclassroom
6781 continuing education on an hour-for-hour basis.
6782 (4)(5) By applying for renewal, each certificateholder or
6783 registrant certifies that he or she has continually maintained
6784 the required amounts of public liability and property damage
6785 insurance as specified by department board rule. The department
6786 board shall establish by rule a procedure to verify the public
6787 liability and property damage insurance for a specified period,
6788 based upon a random sampling method.
6789 (5)(6) The department board shall require, by rule adopted
6790 pursuant to ss. 120.536(1) and 120.54, a specialized number of
6791 hours in specialized or advanced module courses, approved by the
6792 Florida Building Commission, on any portion of the Florida
6793 Building Code, adopted pursuant to part IV of chapter 553,
6794 relating to the contractor's respective discipline.
6795 Section 211. Subsection (6) is renumbered as subsection
6796 (5), paragraph (b) of subsection (1), paragraphs (b) and (d) of
6797 subsection (4), and subsection (5) of section 489.518, Florida
6798 Statutes, are amended to read:
6799 489.518 Alarm system agents.—
6800 (1) A licensed electrical or alarm system contractor may
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6801 not employ a person to perform the duties of a burglar alarm
6802 system agent unless the person:
6803 (b) Has successfully completed a minimum of 14 hours of
6804 training within 90 days after employment, to include basic alarm
6805 system electronics in addition to related training including
6806 CCTV and access control training, with at least 2 hours of
6807 training in the prevention of false alarms. Such training shall
6808 be from a department-approved board-approved provider, and the
6809 employee or applicant for employment shall provide proof of
6810 successful completion to the licensed employer. The department
6811 board shall by rule establish criteria for the approval of
6812 training courses and providers and may by rule establish
6813 criteria for accepting alternative nonclassroom education on an
6814 hour-for-hour basis. The department board shall approve
6815 providers that conduct training in other than the English
6816 language. The department board shall establish a fee for the
6817 approval of training providers or courses, not to exceed $60.
6818 Qualified employers may conduct training classes for their
6819 employees, with department board approval.
6820 (4)
6821 (b) The identification card shall be designed in a
6822 department-approved board-approved format. The card must include
6823 a picture of the agent, must specify at least the name of the
6824 holder of the card and the name and license number of the
6825 contractor, and must be signed by the contractor and by the
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6826 holder of the card. Each identification card is valid for a
6827 period of 2 years after the date of issuance. The identification
6828 card must be in the possession of each burglar alarm system
6829 agent while engaged in burglar alarm system agent duties.
6830 (d) Each identification card must be renewed every 2 years
6831 and in a board-approved format to show compliance with the 6
6832 hours of continuing education necessary to maintain
6833 certification as a burglar alarm system agent.
6834 (5) Each burglar alarm system agent must receive 6 hours
6835 of continuing education on burglar alarm system installation and
6836 repair and false alarm prevention every 2 years from a board-
6837 approved sponsor of training and through a board-approved
6838 training course.
6839 Section 212. Subsection (6) of section 489.5185, Florida
6840 Statutes, is renumbered as subsection (5) and paragraph (b) of
6841 subsection (1), paragraphs (a) and (f) of subsection (2),
6842 paragraphs (b) and (d) of subsection (4), and subsection (5) of
6843 that section are amended, to read:
6844 489.5185 Fire alarm system agents.—
6845 (1) A certified unlimited electrical contractor or
6846 licensed fire alarm contractor may not employ a person to
6847 perform the duties of a fire alarm system agent unless the
6848 person:
6849 (b) Has successfully completed a minimum of 14 hours of
6850 initial training, to include basic fire alarm system technology
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6851 in addition to related training in National Fire Protection
6852 Association (NFPA) codes and standards and access control
6853 training, with at least 2 hours of training in the prevention of
6854 false alarms. Such training must be from a department-approved
6855 board-approved provider, and the employee or applicant for
6856 employment must provide proof of successful completion to the
6857 licensed employer. The department board, by rule, shall
6858 establish criteria for the approval of training courses and
6859 providers. The department board shall approve qualified
6860 providers that conduct training in other than the English
6861 language. The department board shall establish a fee for the
6862 approval of training providers, not to exceed $200, and a fee
6863 for the approval of courses at $25 per credit hour, not to
6864 exceed $100 per course.
6865 (2)(a) Any applicant for employment as a fire alarm system
6866 agent, or any individual employed as a fire alarm system agent
6867 on the effective date of this act, who has completed alarm
6868 system agent or burglar alarm system agent training before prior
6869 to the effective date of this act in a department-certified
6870 board-certified program is not required to take additional
6871 training in order to comply with the initial training
6872 requirements of this section.
6873 (f) If a person holds a current National Institute of
6874 Certification in Engineering Technologies (NICET) Level II
6875 certification or higher in Fire Alarm Systems or Inspection and
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6876 Testing of Fire Alarm Systems, a current certification as an
6877 Electronic Security Association (ESA) Certified Fire Alarm
6878 Technician, or a current certification as an ESA Certified Fire
6879 Alarm Designer, he or she is required to complete only the 2
6880 hours of training in the prevention of false alarms required by
6881 paragraph (1)(b) from a department-approved board-approved
6882 sponsor of training and through a department-approved board-
6883 approved training course.
6884 (4)
6885 (b) The card shall follow a department-approved board-
6886 approved format, to include a picture of the agent; shall
6887 specify at least the name of the holder of the card and the name
6888 and license number of the certified unlimited electrical
6889 contractor or licensed fire alarm contractor; and shall be
6890 signed by both the contractor and the holder of the card. Each
6891 identification card shall be valid for a period of 2 years after
6892 the date of issuance. The identification card must be in the
6893 possession of the fire alarm system agent while engaged in fire
6894 alarm system agent duties.
6895 (d) Each identification card must be renewed every 2 years
6896 and in a board-approved format to show compliance with the 6
6897 hours of continuing education necessary to maintain
6898 certification as a fire alarm system agent.
6899 (5)(a) Except as provided in paragraph (b), each fire
6900 alarm system agent must receive 6 hours of continuing education
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6901 on fire alarm system installation and repair and false alarm
6902 prevention every 2 years from a board-approved sponsor of
6903 training and through a board-approved training course.
6904 (b) A person holding a current NICET Level II
6905 certification or higher in Fire Alarm Systems or Inspection and
6906 Testing of Fire Alarm Systems, certification as an ESA Certified
6907 Fire Alarm Technician, or certification as an ESA Certified Fire
6908 Alarm Designer is required to complete only 2 hours of
6909 continuing education training in the prevention of false alarms
6910 every 2 years from a board-approved sponsor of training and
6911 through a board-approved training course.
6912 Section 213. Subsections (1) and (3) of section 489.519,
6913 Florida Statutes, are amended to read:
6914 489.519 Inactive status.—
6915 (1) A certificate or registration that becomes inactive
6916 may be reactivated under s. 489.517 upon application to the
6917 department. The board may not require a licensee to complete
6918 more than one renewal cycle of continuing education to
6919 reactivate a certificate or registration.
6920 (3) The board shall impose, by rule, continuing education
6921 requirements for inactive certificateholders, when inactive
6922 status is sought by certificateholders who are also building
6923 code administrators, plans examiners, or inspectors certified
6924 pursuant to part XII of chapter 468.
6925 Section 214. Section 489.520, Florida Statutes, is amended
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6926 to read:
6927 489.520 Automated licensure status information system.—By
6928 January 1, 1995, the department shall implement an automated
6929 licensure status information system for electrical and alarm
6930 system contracting. The system shall provide instant
6931 notification to local building departments and other interested
6932 parties, as determined by the board or department, regarding the
6933 status of the certification or registration of any contractor
6934 certified or registered pursuant to the provisions of this part.
6935 The provision of such information shall consist, at a minimum,
6936 of an indication of whether the certification or registration of
6937 the contractor applying for a permit is active, of any current
6938 failure of the contractor to make restitution according to the
6939 terms of any final action by the department board, of any
6940 ongoing disciplinary cases against the contractor that are
6941 subject to public disclosure, and whether there are any
6942 outstanding fines against the contractor.
6943 Section 215. Paragraphs (a) and (b) of subsection (2),
6944 subsections (3), (4), and (5), paragraph (c) of subsection (7),
6945 subsections (8) and (9), and paragraph (b) of subsection (10) of
6946 section 489.521, Florida Statutes, are amended to read:
6947 489.521 Business organizations; qualifying agents.—
6948 (2)(a)1. If the applicant proposing to engage in
6949 contracting is a partnership, corporation, business trust, or
6950 other legal entity, other than a sole proprietorship, the
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6951 application shall state the name of the partnership and its
6952 partners; the name of the corporation and its officers and
6953 directors and the name of each of its stockholders who is also
6954 an officer or director; the name of the business trust and its
6955 trustees; or the name of such other legal entity and its
6956 members. In addition, the applicant shall furnish evidence of
6957 statutory compliance if a fictitious name is used. A joint
6958 venture, including a joint venture composed of qualified
6959 business organizations, is itself a separate and distinct
6960 organization that shall be qualified in accordance with
6961 department board rules. The registration or certification, when
6962 issued upon application of a business organization, shall be in
6963 the name of the qualifying agent, and the name of the business
6964 organization shall be noted thereon. If there is a change in any
6965 information that is required to be stated on the application,
6966 the business organization shall, within 45 days after such
6967 change occurs, mail the correct information to the department.
6968 2. Any person certified or registered pursuant to this
6969 part who has had his or her license revoked may shall not be
6970 eligible for a 5-year period to be a partner, officer, director,
6971 or trustee of a business organization as defined by this
6972 section. Such person shall also be ineligible to reapply for
6973 certification or registration under this part for a period of 5
6974 years.
6975 (b) The applicant shall also show that the proposed
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6976 qualifying agent is legally qualified to act for the business
6977 organization in all matters connected with its electrical or
6978 alarm system contracting business and concerning regulations by
6979 the department board and that he or she has authority to
6980 supervise electrical or alarm system contracting undertaken by
6981 the business organization.
6982 (3)(a) The applicant shall furnish evidence of financial
6983 responsibility, credit, and business reputation of the business
6984 organization, as well as the name of the qualifying agent. The
6985 department board shall adopt rules defining financial
6986 responsibility based upon the business organization's credit
6987 history, ability to be bonded, and any history of bankruptcy or
6988 assignment of receivers. Such rules shall specify the financial
6989 responsibility grounds on which the department board may
6990 determine that a business organization is not qualified to
6991 engage in contracting.
6992 (b) In the event a qualifying agent must take the
6993 certification examination, the department board shall, within 60
6994 days from the date of the examination, inform the business
6995 organization in writing whether or not its qualifying agent has
6996 qualified.
6997 (c) If the qualifying agent of a business organization
6998 applying to engage in contracting, after having been notified to
6999 do so, does not appear for examination within 1 year from the
7000 date of filing of the application, the examination fee paid by
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7001 it shall be credited as an earned fee to the department. A new
7002 application to engage in contracting shall be accompanied by
7003 another application fee fixed pursuant to this act. Forfeiture
7004 of a fee may be waived by the department board for good cause.
7005 (d) Once the department board has determined that the
7006 business organization's proposed qualifying agent has qualified,
7007 the business organization shall be authorized to engage in the
7008 contracting business. The certificate, when issued, shall be in
7009 the name of the qualifying agent, and the name of the business
7010 organization shall be noted thereon.
7011 (4) As a prerequisite to the initial issuance of a
7012 certificate, the applicant or the business organization he or
7013 she qualifies shall submit evidence that he or she or the
7014 business organization has obtained public liability and property
7015 damage insurance for the safety and welfare of the public in an
7016 amount to be determined by department board rule.
7017 (5) At least one officer or supervising employee of the
7018 business organization must be qualified under this act in order
7019 for the business organization to be qualified to engage in
7020 contracting in the category of the business conducted. If any
7021 individual so qualified on behalf of the business organization
7022 ceases to qualify the business organization, he or she shall
7023 notify the board and the department thereof within 30 days after
7024 such occurrence. In addition, if the individual is the only
7025 individual who qualifies the business organization, the business
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7026 organization shall notify the board and the department of the
7027 individual's termination, and it shall have a period of 60 days
7028 from the termination of the individual to qualify another person
7029 under the provision of this act, failing which, the department
7030 board shall determine that the business organization is no
7031 longer qualified to engage in contracting. The individual shall
7032 also inform the department board in writing when he or she
7033 proposes to engage in contracting in his or her own name or in
7034 affiliation with another business organization, and the
7035 individual, or such new business organization, shall supply the
7036 same information to the department board as required for
7037 applicants under this act. After an investigation of the
7038 financial responsibility, credit, and business reputation of the
7039 individual or the new business organization and upon a favorable
7040 determination, the department board shall certify the business
7041 organization as qualified, and the department shall issue,
7042 without examination, a new certificate in the individual's name,
7043 which shall include the name of the new business organization,
7044 as provided in this section.
7045 (7)
7046 (c) The department board shall assess a fine of not less
7047 than $100 or issue a citation to any contractor who fails to
7048 include that contractor's certification or registration number
7049 when submitting an advertisement for publication, broadcast, or
7050 printing. In addition, any person who claims in any
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7051 advertisement to be a certified or registered contractor, but
7052 who does not hold a valid state certification or registration,
7053 commits a misdemeanor of the second degree, punishable as
7054 provided in s. 775.082 or s. 775.083.
7055 (8) Each qualifying agent shall pay the department an
7056 amount equal to the original fee for certification or
7057 registration to qualify any additional business organizations.
7058 If the qualifying agent for a business organization desires to
7059 qualify additional business organizations, the department board
7060 shall require him or her to present evidence of supervisory
7061 ability and financial responsibility of each such organization.
7062 Allowing a licensee to qualify more than one business
7063 organization shall be conditioned upon the licensee showing that
7064 the licensee has both the capacity and intent to adequately
7065 supervise each business organization in accordance with s.
7066 489.522(1). The department may board shall not limit the number
7067 of business organizations which the licensee may qualify except
7068 upon the licensee's failing to provide such information as is
7069 required under this subsection or upon a finding that such
7070 information or evidence as is supplied is incomplete or
7071 unpersuasive in showing the licensee's capacity and intent to
7072 comply with the requirements of this subsection. A qualification
7073 for an additional business organization may be revoked or
7074 suspended upon a finding by the department board that the
7075 licensee has failed in the licensee's responsibility to
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7076 adequately supervise the operations of that business
7077 organization in accordance with s. 489.522(1). Failure of the
7078 responsibility to adequately supervise the operations of a
7079 business organization in accordance with s. 489.522(1) shall be
7080 grounds for denial to qualify additional business organizations.
7081 (9) If a business organization or any of its partners,
7082 officers, directors, trustees, or members is disciplined for
7083 violating s. 489.533(1), the department board may, on that basis
7084 alone, deny issuance of a certificate or registration to a
7085 qualifying agent on behalf of that business organization.
7086 (10)
7087 (b) Any business organization engaging in contracting
7088 under this subsection shall provide the department board with
7089 the name and license number of each registered or certified
7090 contractor employed by the business organization to supervise
7091 its contracting activities. The business organization is not
7092 required to post a bond or otherwise evidence any financial or
7093 credit information except as necessary to demonstrate compliance
7094 with paragraph (a).
7095 Section 216. Subsection (2) and paragraph (a) of
7096 subsection (3) of section 489.522, Florida Statutes, are amended
7097 to read:
7098 489.522 Qualifying agents; responsibilities.—
7099 (2) One of the qualifying agents for a business
7100 organization that has more than one qualifying agent may be
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7101 designated as the sole primary qualifying agent for the business
7102 organization by a joint agreement that is executed, on a form
7103 provided by the department board, by all qualifying agents for
7104 the business organization. The joint agreement shall be
7105 submitted to the department board for approval. If the
7106 department board determines that the joint agreement is in good
7107 order, it shall approve the designation and immediately notify
7108 the qualifying agents of such approval. The designation made by
7109 the joint agreement is effective upon receipt of the notice by
7110 the qualifying agents. The qualifying agent designated for a
7111 business organization by a joint agreement is the sole primary
7112 qualifying agent for the business organization, and all other
7113 qualifying agents for the business organization are secondary
7114 qualifying agents.
7115 (a) A designated sole primary qualifying agent has all the
7116 responsibilities and duties of a primary qualifying agent,
7117 notwithstanding that there are secondary qualifying agents for
7118 specified jobs. The designated sole primary qualifying agent is
7119 jointly and equally responsible with secondary qualifying agents
7120 for field work supervision.
7121 (b) A secondary qualifying agent is responsible only for:
7122 1. The supervision of field work at sites where his or her
7123 license was used to obtain the building permit; and
7124 2. Any other work for which he or she accepts
7125 responsibility.
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7126
7127 A secondary qualifying agent is not responsible for supervision
7128 of financial matters.
7129 (c) A primary qualifying agent shall have approval
7130 authority for checks, payments, drafts, and contracts issued by
7131 or entered into by the business organization.
7132 (3)(a) A qualifying agent who has been designated by a
7133 joint agreement as the sole primary qualifying agent for a
7134 business organization may terminate this status as such by
7135 giving actual notice to the business organization, to the
7136 department board, and to all secondary qualifying agents of his
7137 or her intention to terminate this status. The notice to the
7138 department board shall include proof satisfactory to the
7139 department board that he or she has given the notice required in
7140 this paragraph. The status of the qualifying agent shall cease
7141 upon the designation of a new primary qualifying agent or 60
7142 days after satisfactory notice of termination has been provided
7143 to the department board, whichever first occurs. If no new
7144 primary qualifying agent has been designated within 60 days, all
7145 secondary qualifying agents for the business organization shall
7146 become primary qualifying agents, unless the joint agreement
7147 specifies that one or more of them shall become sole qualifying
7148 agents under such circumstances, in which case only they shall
7149 become sole qualifying agents.
7150 Section 217. Section 489.523, Florida Statutes, is amended
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7151 to read:
7152 489.523 Emergency registration upon death of contractor.—
7153 If an incomplete contract exists at the time of death of a
7154 contractor, the contract may be completed by any person even
7155 though not certified. The person shall notify the department
7156 appropriate board, within 30 days after the death of the
7157 contractor, of his or her name and address, knowledge of the
7158 contract, and ability to complete it. If the department board
7159 approves, he or she may proceed with the contract. The
7160 department board shall then issue an emergency registration
7161 which shall expire upon the completion of the contract. For
7162 purposes of this section, and upon written approval of the
7163 department board, an incomplete contract may be one which has
7164 been awarded to, or entered into by, the contractor before his
7165 or her death, or on which he or she was the low bidder and the
7166 contract is subsequently awarded to him or her, regardless of
7167 whether any actual work has commenced under the contract before
7168 the contractor's death.
7169 Section 218. Section 489.525, Florida Statutes, is amended
7170 to read:
7171 489.525 Report to local building officials.—The department
7172 may report to all building officials the contents of this part
7173 and the contents of the rules of the department board. Any
7174 information that is available through the Internet or other
7175 electronic means may be excluded from the report.
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7176 Section 219. Subsections (2), (3), (4), (5), and (6) and
7177 paragraphs (b) and (e) of subsection (7) of section 489.533,
7178 Florida Statutes, are amended to read:
7179 489.533 Disciplinary proceedings.—
7180 (2) When the department board finds any applicant,
7181 contractor, or business organization for which the contractor is
7182 a primary qualifying agent or secondary qualifying agent
7183 responsible under s. 489.522 guilty of any of the grounds set
7184 forth in subsection (1), it may enter an order imposing one or
7185 more of the following penalties:
7186 (a) Denial of an application for certification or
7187 registration.
7188 (b) Revocation or suspension of a certificate or
7189 registration.
7190 (c) Imposition of an administrative fine not to exceed
7191 $10,000 for each count or separate offense.
7192 (d) Issuance of a reprimand.
7193 (e) Placement of the contractor on probation for a period
7194 of time and subject to such conditions as the department board
7195 may specify, including requiring the contractor to attend
7196 continuing education courses or to work under the supervision of
7197 another contractor.
7198 (f) Restriction of the authorized scope of practice by the
7199 contractor.
7200 (g) Require financial restitution to a consumer.
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7201 (3) In recommending penalties in any proposed recommended
7202 final order, the department shall follow the penalty guidelines
7203 established by the department board by rule. The department
7204 shall advise the administrative law judge of the appropriate
7205 penalty, including mitigating and aggravating circumstances, and
7206 the specific rule citation.
7207 (4) The department board may not reinstate the certificate
7208 or registration of, or cause a certificate or registration to be
7209 issued to, a person who the department board has determined
7210 unqualified until it is satisfied that such person has complied
7211 with all the terms and conditions set forth in the final order
7212 and is capable of competently engaging in the business of
7213 contracting.
7214 (5) When the department board imposes administrative fines
7215 pursuant to subsection (2) resulting from violation of chapter
7216 633 or violation of the rules of the State Fire Marshal, 50
7217 percent of the fine shall be paid into the Insurance Regulatory
7218 Trust Fund to help defray the costs of investigating the
7219 violations and obtaining the corrective action. The State Fire
7220 Marshal may participate at its discretion, but not as a party,
7221 in any proceedings before the department board relating to
7222 violation of chapter 633 or the rules of the State Fire Marshal,
7223 in order to make recommendations as to the appropriate penalty
7224 in such case. However, the State Fire Marshal does shall not
7225 have standing to bring disciplinary proceedings regarding
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7226 certification.
7227 (6) The department board may restrain any violation of
7228 this part by action in a court of competent jurisdiction.
7229 (7)
7230 (b) A No licensee may not avail himself or herself of the
7231 mediation process more than three times without the approval of
7232 the department board. The department board may consider the
7233 subject and the dates of the earlier complaints in rendering its
7234 decision. The department's board's decision may shall not be
7235 considered a final agency action and is not appealable.
7236 (e) The department, in conjunction with the board, shall
7237 determine by rule the types of cases which may be included in
7238 the mediation process. The department may initiate or continue
7239 disciplinary action, pursuant to chapter 455 and this chapter
7240 against the licensee as determined by rule.
7241 Section 220. Paragraph (a) of subsection (1) of section
7242 489.5335, Florida Statutes, is amended to read:
7243 489.5335 Journeyman; reciprocity; standards.—
7244 (1) Counties and municipalities are authorized to issue
7245 journeyman licenses in the electrical and alarm system trades to
7246 an individual who:
7247 (a) Has scored at least 70 percent, or after October 1,
7248 1997, at least 75 percent, on a proctored journeyman Block and
7249 Associates examination or other proctored examination approved
7250 by the department board for the trade in which he or she is
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7251 licensed;
7252 Section 221. Paragraph (e) of subsection (3) and
7253 paragraphs (b) and (c) of subsection (5) of section 489.537,
7254 Florida Statutes, are amended to read:
7255 489.537 Application of this part.—
7256 (3) Nothing in this act limits the power of a municipality
7257 or county:
7258 (e)1. To refuse to issue permits or issue permits with
7259 specific conditions to a contractor who has committed multiple
7260 violations, when he or she has been disciplined for each of them
7261 by the department board and when each disciplinary action has
7262 involved revocation or suspension of a license, imposition of an
7263 administrative fine of at least $1,000, or probation.
7264 2. To issue permits with specific conditions to a
7265 contractor who, within the previous 12 months, has had final
7266 action taken against him or her, by the department or by a local
7267 board or agency which licenses contractors and has reported the
7268 action pursuant to paragraph (5)(c), for engaging in the
7269 business or acting in the capacity of a contractor without a
7270 license.
7271 (5)
7272 (b) To engage in contracting in the territorial area, an
7273 applicant shall also be registered with the department board.
7274 (c) Each local board or agency which licenses contractors
7275 shall transmit monthly to the department board a report of any
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7276 disciplinary action taken against contractors and any
7277 administrative or disciplinary action taken against unlicensed
7278 persons for engaging in the business or acting in the capacity
7279 of a contractor, including any cease and desist order issued
7280 pursuant to s. 489.516(2)(b).
7281 Section 222. Section 489.552, Florida Statutes, is amended
7282 to read:
7283 489.552 Registration required.—A person may shall not hold
7284 himself or herself out as a septic tank contractor or a master
7285 septic tank contractor in this state unless he or she is
7286 registered by the department in accordance with the provisions
7287 of this part. However, nothing in this part prohibits any person
7288 licensed pursuant to s. 489.105(2)(m) s. 489.105(3)(m) in this
7289 state from engaging in the profession for which he or she is
7290 licensed.
7291 Section 223. Subsection (1) of section 492.102, Florida
7292 Statutes, is amended to read:
7293 492.102 Definitions.—For the purposes of this chapter,
7294 unless the context clearly requires otherwise:
7295 (1) "Board" means the Board of Professional Geologists.
7296 Section 224. Section 492.104, Florida Statutes, is amended
7297 to read:
7298 492.104 Rulemaking authority.—The department Board of
7299 Professional Geologists has authority to adopt rules pursuant to
7300 ss. 120.536(1) and 120.54 to implement this chapter. Every
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7301 licensee shall be governed and controlled by this chapter and
7302 the rules adopted by the department board. The department board
7303 is authorized to set, by rule, fees for application,
7304 examination, late renewal, initial licensure, and license
7305 renewal. These fees may not exceed the cost of implementing the
7306 application, examination, initial licensure, and license renewal
7307 or other administrative process and shall be established as
7308 follows:
7309 (1) The application fee may shall not exceed $150 and
7310 shall be nonrefundable.
7311 (2) The examination fee may shall not exceed $250, and the
7312 fee may be apportioned to each part of a multipart examination.
7313 The examination fee shall be refundable in whole or part if the
7314 applicant is found to be ineligible to take any portion of the
7315 licensure examination.
7316 (3) The initial license fee may shall not exceed $100.
7317 (4) The biennial renewal fee may shall not exceed $150.
7318 (5) The fee for reactivation of an inactive license may
7319 not exceed $50.
7320 (6) The fee for a provisional license may not exceed $400.
7321 (7) The fee for application, examination, and licensure
7322 for a license by endorsement is as provided in this section for
7323 licenses in general.
7324 Section 225. Subsection (1), paragraph (b) of subsection
7325 (2), and subsection (3) of section 492.105, Florida Statutes,
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7326 are amended to read:
7327 492.105 Licensure by examination; requirements; fees.—
7328 (1) Any person desiring to be licensed as a professional
7329 geologist shall apply to the department to take the licensure
7330 examination. The written licensure examination shall be designed
7331 to test an applicant's qualifications to practice professional
7332 geology, and shall include such subjects as will tend to
7333 ascertain the applicant's knowledge of the fundamentals, theory,
7334 and practice of professional geology and may include such
7335 subjects as are taught in curricula of accredited colleges and
7336 universities. The written licensure examination may be a
7337 multipart examination. The department shall examine each
7338 applicant who the department board certifies:
7339 (a) Has completed the application form and remitted a
7340 nonrefundable application fee and an examination fee which is
7341 refundable if the applicant is found to be ineligible to take
7342 the examination.
7343 (b) Is at least 18 years of age.
7344 (c) Has not committed any act or offense in any
7345 jurisdiction which would constitute the basis for disciplining a
7346 professional geologist licensed pursuant to this chapter.
7347 (d) Has fulfilled the following educational requirements
7348 at a college or university, the geological curricula of which
7349 meet the criteria established by an accrediting agency
7350 recognized by the United States Department of Education:
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7351 1. Graduation from such college or university with a major
7352 in geology or other related science acceptable to the department
7353 board; and
7354 2. Satisfactory completion of at least 30 semester hours
7355 or 45 quarter hours of geological coursework.
7356 (e) Has at least 5 years of verified professional
7357 geological work experience, which includes a minimum of 3 years
7358 of professional geological work under the supervision of a
7359 licensed or qualified geologist or professional engineer
7360 registered under chapter 471 as qualified in the field or
7361 discipline of professional engineering work performed; or has a
7362 minimum of 5 accumulative years of verified geological work
7363 experience in responsible charge of geological work as
7364 determined by the department board.
7365 (2) The department shall issue a license to practice
7366 professional geology to any person who has:
7367 (b) Been certified by the department board as qualified to
7368 practice professional geology; and
7369 (3) The department may shall not issue a license to any
7370 applicant who is under investigation in any jurisdiction for an
7371 offense which would constitute a violation of this chapter. Upon
7372 completion of the investigation, the disciplinary provisions of
7373 s. 492.113 shall apply.
7374 Section 226. Subsections (1) and (2) of section 492.1051,
7375 Florida Statutes, are amended to read:
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7376 492.1051 Registered geologist-in-training; requirements.—
7377 (1) A person desiring to register as a geologist-in-
7378 training shall apply to the department to take a discrete
7379 portion of the examination required for licensure as a
7380 professional geologist in this state. This discrete portion
7381 shall cover the fundamentals of geology. The department shall
7382 examine each applicant who the department board certifies:
7383 (a) Has completed the application form and remitted a
7384 nonrefundable application fee and an examination fee that is
7385 refundable if the applicant is found to be ineligible to take
7386 the examination.
7387 (b) Has not committed an act or offense in any
7388 jurisdiction which constitutes grounds for disciplining a
7389 professional geologist licensed under this chapter; and
7390 (c) Has successfully completed at least 30 semester hours
7391 or 45 quarter hours of geological coursework at a college or
7392 university, the geological curricula of which meet the criteria
7393 established by an accrediting agency recognized by the United
7394 States Department of Education and, if still enrolled, has
7395 provided a letter of good academic standing from the college or
7396 university.
7397 (2) The department shall register as a geologist-in-
7398 training each applicant who the department board certifies has
7399 passed the fundamentals of geology portion of the licensure
7400 examination.
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7401 Section 227. Section 492.106, Florida Statutes, is amended
7402 to read:
7403 492.106 Provisional licenses.—The department may provide a
7404 provisional license to any person who is not a resident of and
7405 has not established a place of business in this state, and who
7406 is duly licensed in another state, territory, or possession of
7407 the United States, or in the District of Columbia, and who has
7408 qualifications which the department board, upon advice of a
7409 committee of the department board, deems comparable to those
7410 required of professional geologists in this state, upon written
7411 application accompanied by the proper application fee, offered
7412 before prior to the practice of professional geology in this
7413 state, under the following restrictions:
7414 (1) Satisfactory proof of licensure as required above
7415 shall include the name, residence address, business address, and
7416 certification of the license of the applicant from the issuing
7417 state, together with the name and address of the authority
7418 issuing such license.
7419 (2) The practice of professional geology under a
7420 provisional license may shall not exceed 1 year.
7421 (3) The practice of professional geology under a
7422 provisional license shall be confined to one specified project.
7423 Such license may not be renewed or reissued for 5 years from the
7424 date of original issuance.
7425 (4) A written statement shall be furnished to the
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7426 department within 60 days of completion of the work, indicating
7427 the time engaged and the nature of the work. A person holding a
7428 provisional license shall exhibit such provisional license each
7429 time and on each occasion that an indication of licensure is
7430 required.
7431 Section 228. Subsection (1) of section 492.107, Florida
7432 Statutes, is amended to read:
7433 492.107 Seals.—
7434 (1) The department board shall prescribe, by rule, a form
7435 of seal, including its electronic form, to be used by persons
7436 holding valid licenses. All geological papers, reports, and
7437 documents prepared or issued by the licensee shall be signed,
7438 dated, and sealed by the licensee who performed or is
7439 responsible for the supervision, direction, or control of the
7440 work contained in the papers, reports, or documents. Such
7441 signature, date, and seal shall be evidence of the authenticity
7442 of that to which they are affixed. Geological papers, reports,
7443 and documents prepared or issued by the licensee may be
7444 transmitted electronically provided they have been signed by the
7445 licensee, dated, and electronically sealed. It is unlawful for
7446 any person to sign or seal any document as a professional
7447 geologist unless that person holds a current, active license as
7448 a professional geologist which has not expired or been revoked
7449 or suspended, unless reinstated or reissued.
7450 Section 229. Subsection (1) of section 492.108, Florida
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7451 Statutes, is amended to read:
7452 492.108 Licensure by endorsement; requirements; fees.—
7453 (1) The department shall issue a license by endorsement to
7454 any applicant who, upon applying to the department and remitting
7455 an application fee, has been certified by the department board
7456 that he or she:
7457 (a) Has met the qualifications for licensure in s.
7458 492.105(1)(b)-(e) and:
7459 1. Is the holder of an active license in good standing in
7460 a state, trust, territory, or possession of the United States.
7461 2. Was licensed through written examination in at least
7462 one state, trust, territory, or possession of the United States,
7463 the examination requirements of which have been approved by the
7464 department board as substantially equivalent to or more
7465 stringent than those of this state, and has received a score on
7466 such examination which is equal to or greater than the score
7467 required by this state for licensure by examination.
7468 3. Has taken and successfully passed the laws and rules
7469 portion of the examination required for licensure as a
7470 professional geologist in this state.
7471 (b) Has held a valid license to practice geology in
7472 another state, trust, territory, or possession of the United
7473 States for at least 10 years before the date of application and
7474 has successfully completed a state, regional, national, or other
7475 examination that is equivalent to or more stringent than the
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7476 examination required by the department. If such applicant has
7477 met the requirements for a license by endorsement except
7478 successful completion of an examination that is equivalent to or
7479 more stringent than the examination required by the department
7480 board, such applicant may take the examination required by the
7481 department board. Such application must be submitted to the
7482 department board while the applicant holds a valid license in
7483 another state or territory or within 2 years after the
7484 expiration of such license.
7485 Section 230. Subsection (2) of section 492.1101, Florida
7486 Statutes, is amended to read:
7487 492.1101 Inactive status.—
7488 (2) The department board shall adopt promulgate rules
7489 relating to the reactivation of inactive licenses and shall
7490 prescribe by rule a fee for the reactivation of inactive
7491 licenses.
7492 Section 231. Subsection (1) of section 492.111, Florida
7493 Statutes, is amended to read:
7494 492.111 Practice of professional geology by a firm,
7495 corporation, or partnership.—The practice of, or offer to
7496 practice, professional geology by individual professional
7497 geologists licensed under the provisions of this chapter through
7498 a firm, corporation, or partnership offering geological services
7499 to the public through individually licensed professional
7500 geologists as agents, employees, officers, or partners thereof
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7501 is permitted subject to the provisions of this chapter, if:
7502 (1) At all times that it offers geological services to the
7503 public, the firm, corporation, or partnership is qualified by
7504 one or more individuals who hold a current, active license as a
7505 professional geologist in the state and are serving as a
7506 geologist of record for the firm, corporation, or partnership. A
7507 geologist of record may be any principal officer or employee of
7508 such firm or corporation, or any partner or employee of such
7509 partnership, who holds a current, active license as a
7510 professional geologist in this state, or any other Florida-
7511 licensed professional geologist with whom the firm, corporation,
7512 or partnership has entered into a long-term, ongoing
7513 relationship, as defined by rule of the department board, to
7514 serve as one of its geologists of record. The geologist of
7515 record shall notify the department of any changes in the
7516 relationship or identity of that geologist of record within 30
7517 days after such change.
7518 Section 232. Paragraph (k) of subsection (1) and
7519 subsections (2), (3), and (4) of section 492.113, Florida
7520 Statutes, are amended to read:
7521 492.113 Disciplinary proceedings.—
7522 (1) The following acts constitute grounds for which the
7523 disciplinary actions in subsection (3) may be taken:
7524 (k) Violating a rule of the department or board or any
7525 order of the department or board previously entered in a
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7526 disciplinary hearing.
7527 (2) The department board shall specify, by rule, what acts
7528 or omissions constitute a violation of subsection (1).
7529 (3) When the department board finds any person guilty of
7530 any of the grounds set forth in subsection (1), it may enter an
7531 order imposing one or more of the following penalties:
7532 (a) Denial of an application for licensure.
7533 (b) Revocation or suspension of a license.
7534 (c) Imposition of an administrative fine not to exceed
7535 $1,000 for each count or separate offense.
7536 (d) Issuance of a reprimand.
7537 (e) Placement of the licensee on probation for a period of
7538 time and subject to such conditions as the department board may
7539 specify.
7540 (f) Restriction of the authorized scope of practice by the
7541 licensee.
7542 (4) The department shall reissue the license of a
7543 disciplined professional geologist upon certification by the
7544 department board that the disciplined person has complied with
7545 the terms and conditions set forth in the final order.
7546 Section 233. Subsections (10) through (13) of section
7547 493.6101, Florida Statutes, are amended to read:
7548 493.6101 Definitions.—
7549 (10) "Branch office" means each additional location of an
7550 agency where business is actively conducted which advertises as
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7551 performing or is engaged in the business authorized by the
7552 license.
7553 (11) "Sponsor" means any Class "C," Class "MA," or Class
7554 "M" licensee who supervises and maintains under his or her
7555 direction and control a Class "CC" intern; or any Class "E" or
7556 Class "MR" licensee who supervises and maintains under his or
7557 her direction and control a Class "EE" intern.
7558 (12) "Intern" means an individual who studies as a trainee
7559 or apprentice under the direction and control of a designated
7560 sponsoring licensee.
7561 (13) "Manager" means any licensee who directs the
7562 activities of licensees at any agency or branch office. The
7563 manager shall be assigned to and shall primarily operate from
7564 the agency or branch office location for which he or she has
7565 been designated as manager. The manager of a private
7566 investigative agency may, however, manage up to three offices
7567 within a 150-mile radius of the location listed on the agency's
7568 Class "A" license, provided that these three offices consist of
7569 either:
7570 (a) The location listed on the agency's Class "A" license
7571 and up to two branch offices; or
7572 (b) Up to three branch offices.
7573 Section 234. Paragraph (c) of subsection (7) of section
7574 493.6105, Florida Statutes, is amended to read:
7575 493.6105 Initial application for license.—
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7576 (7) In addition to the application requirements for
7577 individuals, partners, or officers outlined under subsection
7578 (3), the application for an agency license must contain the
7579 following information:
7580 (c) The street address, mailing address, and telephone
7581 numbers of all branch offices within this state.
7582 Section 235. Subsection (2) of section 493.6106, Florida
7583 Statutes, is amended to read:
7584 493.6106 License requirements; posting.—
7585 (2) Each agency shall have a minimum of one physical
7586 location within this state from which the normal business of the
7587 agency is conducted, and this location shall be considered the
7588 primary office for that agency in this state.
7589 (a) If an agency or branch office desires to change the
7590 physical location of the business, as it appears on the license,
7591 the department must be notified within 10 days after the change,
7592 and, except upon renewal, the fee prescribed in s. 493.6107 must
7593 be submitted for each license requiring revision. Each license
7594 requiring revision must be returned with such notification.
7595 (b) The Class "A," Class "B," or Class "R" license and any
7596 branch office or school license shall at all times be posted in
7597 a conspicuous place at the licensed physical location in this
7598 state where the business is conducted.
7599 (c) Each Class "A," Class "B," Class "R," branch office,
7600 or school licensee shall display, in a place that is in clear
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7601 and unobstructed public view, a notice on a form prescribed by
7602 the department stating that the business operating at this
7603 location is licensed and regulated by the Department of
7604 Agriculture and Consumer Services and that any questions or
7605 complaints should be directed to the department.
7606 (d) A minimum of one properly licensed manager shall be
7607 designated for each agency and branch office location.
7608 Section 236. Subsections (4), (5), and (6) of section
7609 493.6111, Florida Statutes, are renumbered as subsections (3),
7610 (6), and (7), respectively, and subsection (2) and present
7611 subsection (3) are amended, to read:
7612 493.6111 License; contents; identification card.—
7613 (2) Licenses shall be valid for a period of 2 years,
7614 except for Class "A," Class "B," Class "AB," Class "K," Class
7615 "R," and branch agency licenses, which shall be valid for a
7616 period of 3 years.
7617 (3) The department shall, upon complete application and
7618 payment of the appropriate fees, issue a separate license to
7619 each branch office for which application is made.
7620 Section 237. Subsection (1) of section 493.6113, Florida
7621 Statutes, is amended to read:
7622 493.6113 Renewal application for licensure.—
7623 (1) A license granted under the provisions of this chapter
7624 shall be renewed biennially by the department, except for Class
7625 "A," Class "B," Class "AB," Class "K," Class "R," and branch
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7626 agency licenses, which shall be renewed every 3 years.
7627 Section 238. Paragraphs (r) and (x) of subsection (1) of
7628 section 493.6118, Florida Statutes, are amended to read:
7629 493.6118 Grounds for disciplinary action.—
7630 (1) The following constitute grounds for which
7631 disciplinary action specified in subsection (2) may be taken by
7632 the department against any licensee, agency, or applicant
7633 regulated by this chapter, or any unlicensed person engaged in
7634 activities regulated under this chapter:
7635 (r) Failure or refusal by a sponsor to certify a biannual
7636 written report on an intern or to certify completion or
7637 termination of an internship to the department within 15 working
7638 days.
7639 (x) In addition to the grounds for disciplinary action
7640 prescribed in paragraphs (a)-(t), and Class "R" recovery
7641 agencies, Class "E" recovery agents, and Class "EE" recovery
7642 agent interns are prohibited from committing the following acts:
7643 1. Recovering a motor vehicle, mobile home, motorboat,
7644 aircraft, personal watercraft, all-terrain vehicle, farm
7645 equipment, or industrial equipment that has been sold under a
7646 conditional sales agreement or under the terms of a chattel
7647 mortgage before authorization has been received from the legal
7648 owner or mortgagee.
7649 2. Charging for expenses not actually incurred in
7650 connection with the recovery, transportation, storage, or
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7651 disposal of repossessed property or personal property obtained
7652 in a repossession.
7653 3. Using any repossessed property or personal property
7654 obtained in a repossession for the personal benefit of a
7655 licensee or an officer, director, partner, manager, or employee
7656 of a licensee.
7657 4. Selling property recovered under the provisions of this
7658 chapter, except with written authorization from the legal owner
7659 or the mortgagee thereof.
7660 5. Failing to notify the police or sheriff's department of
7661 the jurisdiction in which the repossessed property is recovered
7662 within 2 hours after recovery.
7663 6. Failing to remit moneys collected in lieu of recovery
7664 of a motor vehicle, mobile home, motorboat, aircraft, personal
7665 watercraft, all-terrain vehicle, farm equipment, or industrial
7666 equipment to the client within 10 working days.
7667 7. Failing to deliver to the client a negotiable
7668 instrument that is payable to the client, within 10 working days
7669 after receipt of such instrument.
7670 8. Falsifying, altering, or failing to maintain any
7671 required inventory or records regarding disposal of personal
7672 property contained in or on repossessed property pursuant to s.
7673 493.6404(1).
7674 9. Carrying any weapon or firearm when he or she is on
7675 private property and performing duties under his or her license
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7676 whether or not he or she is licensed pursuant to s. 790.06.
7677 10. Soliciting from the legal owner the recovery of
7678 property subject to repossession after such property has been
7679 seen or located on public or private property if the amount
7680 charged or requested for such recovery is more than the amount
7681 normally charged for such a recovery.
7682 11. Wearing, presenting, or displaying a badge in the
7683 course of performing a repossession regulated by this chapter.
7684 Section 239. Subsection (6) of section 493.6120, Florida
7685 Statutes, is amended to read:
7686 493.6120 Violations; penalty.—
7687 (6) A person who was an owner, officer, partner, or
7688 manager of a licensed agency or a Class "DS" or "RS" school or
7689 training facility at the time of any activity that is the basis
7690 for revocation of the agency or branch office license or the
7691 school or training facility license and who knew or should have
7692 known of the activity shall have his or her personal licenses or
7693 approval suspended for 3 years and may not have any financial
7694 interest in or be employed in any capacity by a licensed agency
7695 or a school or training facility during the period of
7696 suspension.
7697 Section 240. Subsection (2) of section 493.6123, Florida
7698 Statutes, is amended to read:
7699 493.6123 Publication to industry.—
7700 (2) The department shall develop and make available to
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7701 each Class "C," Class "D," and Class "E" licensee and all
7702 interns a pamphlet detailing in plain language the legal
7703 authority, rights, and obligations of his or her class of
7704 licensure. Within the pamphlet, the department should endeavor
7705 to present situations that the licensee may be expected to
7706 commonly encounter in the course of doing business pursuant to
7707 his or her specific license, and provide to the licensee
7708 information on his or her legal options, authority, limits to
7709 authority, and obligations. The department shall supplement this
7710 with citations to statutes and legal decisions, as well as a
7711 selected bibliography that would direct the licensee to
7712 materials the study of which would enhance his or her
7713 professionalism. The department shall provide a single copy of
7714 the appropriate pamphlet without charge to each individual to
7715 whom a license is issued, but may charge for additional copies
7716 to recover its publication costs. The pamphlet shall be updated
7717 every 2 years as necessary to reflect rule or statutory changes,
7718 or court decisions. Intervening changes to the regulatory
7719 situation shall be noticed in the industry newsletter issued
7720 pursuant to subsection (1).
7721 Section 241. Section 493.6201, Florida Statutes, is
7722 amended to read:
7723 493.6201 Classes of licenses.—
7724 (1) Any person, firm, company, partnership, or corporation
7725 which engages in business as a private investigative agency
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7726 shall have a Class "A" license. A Class "A" license is valid for
7727 only one location.
7728 (2) Each branch office of a Class "A" agency shall have a
7729 Class "AA" license. Where a person, firm, company, partnership,
7730 or corporation holds both a Class "A" and Class "B" license,
7731 each additional or branch office shall have a Class "AB"
7732 license.
7733 (3) Any individual who performs the services of a manager
7734 for a:
7735 (a) Class "A" private investigative agency or Class "AA"
7736 branch office shall have a Class "MA" license. A Class "C" or
7737 Class "M" licensee may be designated as the manager, in which
7738 case the Class "MA" license is not required.
7739 (b) Class "A" and "B" agency or a Class "AB" branch office
7740 shall have a Class "M" license.
7741 (4) Class "C" or Class "CC" licensees shall own or be an
7742 employee of a Class "A" agency, a Class "A" and Class "B"
7743 agency, or a branch office. This does not include those who are
7744 exempt under s. 493.6102, but who possess a Class "C" license
7745 solely for the purpose of holding a Class "G" license.
7746 (1)(5) Any individual who performs the services of a
7747 private investigator shall have a Class "C" license.
7748 (6) Any individual who performs private investigative work
7749 as an intern under the direction and control of a designated,
7750 sponsoring Class "C" licensee or a designated, sponsoring Class
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7751 "MA" or Class "M" licensee must have a Class "CC" license.
7752 (2)(7) Only Class "M," Class "MA," Class "C," or Class
7753 "CC" licensees are permitted to bear a firearm, and any such
7754 licensee who bears a firearm shall also have a Class "G"
7755 license.
7756 (3)(8) A Class "C" or Class "CC" licensee may perform
7757 bodyguard services without obtaining a Class "D" license.
7758 Section 242. Section 493.6202, Florida Statutes, is
7759 amended to read:
7760 493.6202 Fees.—
7761 (1) The department shall establish by rule examination and
7762 license fees, not to exceed the following:
7763 (a) Class "A" license—private investigative agency: $450.
7764 (b) Class "AA" or "AB" license—branch office: $125.
7765 (c) Class "MA" license—private investigative agency
7766 manager: $75.
7767 (a)(d) Class "C" license—private investigator: $75.
7768 (e) Class "CC" license—private investigator intern: $60.
7769 (2) The department may establish by rule a fee for the
7770 replacement or revision of a license, which fee shall not exceed
7771 $30.
7772 (3) The fees set forth in this section must be paid by
7773 check or money order or, at the discretion of the department, by
7774 electronic funds transfer at the time the application is
7775 approved, except that the applicant for a Class "G," or Class
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7776 "C," Class "CC," Class "M," or Class "MA" license must pay the
7777 license fee at the time the application is made. If a license is
7778 revoked or denied or if the application is withdrawn, the
7779 license fee is nonrefundable.
7780 (4) The initial license fee for a veteran, as defined in
7781 s. 1.01, shall be waived if he or she applies for a Class "C,"
7782 Class "CC," or Class "MA" license within 24 months after being
7783 discharged from any branch of the United States Armed Forces. An
7784 eligible veteran must include a copy of his or her DD Form 214,
7785 as issued by the United States Department of Defense, or another
7786 acceptable form of identification as specified by the Department
7787 of Veterans' Affairs with his or her application in order to
7788 obtain a waiver.
7789 Section 243. Subsections (1), (2), (3), (4), (5), and (6)
7790 of section 493.6203, Florida Statutes, are amended to read:
7791 493.6203 License requirements.—In addition to the license
7792 requirements set forth elsewhere in this chapter, each
7793 individual or agency shall comply with the following additional
7794 requirements:
7795 (1) Each agency or branch office shall designate a minimum
7796 of one appropriately licensed individual to act as manager,
7797 directing the activities of the Class "C" or Class "CC"
7798 employees.
7799 (2) An applicant for a Class "MA" license must have 2
7800 years of lawfully gained, verifiable, full-time experience, or
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7801 training in:
7802 (a) Private investigative work or related fields of work
7803 that provided equivalent experience or training;
7804 (b) Work as a Class "CC" licensed intern;
7805 (c) Any combination of paragraphs (a) and (b);
7806 (d) Experience described in paragraph (a) for 1 year and
7807 experience described in paragraph (e) for 1 year;
7808 (e) No more than 1 year using:
7809 1. College coursework related to criminal justice,
7810 criminology, or law enforcement administration; or
7811 2. Successfully completed law enforcement-related training
7812 received from any federal, state, county, or municipal agency;
7813 or
7814 (f) Experience described in paragraph (a) for 1 year and
7815 work in a managerial or supervisory capacity for 1 year.
7816
7817 However, experience in performing bodyguard services is not
7818 creditable toward the requirements of this subsection.
7819 (3) An applicant for a Class "M" license shall qualify for
7820 licensure as a Class "MA" manager as outlined under subsection
7821 (2) and as a Class "MB" manager as outlined under s.
7822 493.6303(2).
7823 (1)(4) An applicant for a Class "C" license shall have 2
7824 years of lawfully gained, verifiable, full-time experience, or
7825 training in one, or a combination of more than one, of the
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7826 following:
7827 (a) Private investigative work or related fields of work
7828 that provided equivalent experience or training.
7829 (b) College coursework related to criminal justice,
7830 criminology, or law enforcement administration, or successful
7831 completion of any law enforcement-related training received from
7832 any federal, state, county, or municipal agency, except that no
7833 more than 1 year may be used from this category.
7834 (c) Work as a Class "CC" licensed intern.
7835
7836 However, experience in performing bodyguard services is not
7837 creditable toward the requirements of this subsection.
7838 (2)(5) An applicant for a Class "MA," Class "M," or Class
7839 "C" license must pass an examination that covers the provisions
7840 of this chapter and is administered by the department or by a
7841 provider approved by the department. The applicant must pass the
7842 examination before applying for licensure and must submit proof
7843 with the license application on a form approved by rule of the
7844 department that he or she has passed the examination. The
7845 administrator of the examination shall verify the identity of
7846 each applicant taking the examination.
7847 (a) The examination requirement in this subsection does
7848 not apply to an individual who holds a valid Class "CC," Class
7849 "C," Class "MA," or Class "M" license.
7850 (b) Notwithstanding the exemption provided in paragraph
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7851 (a), if the license of an applicant for relicensure has been
7852 invalid for more than 1 year, the applicant must take and pass
7853 the examination.
7854 (c) The department shall establish by rule the content of
7855 the examination, the manner and procedure of its administration,
7856 and an examination fee that may not exceed $100.
7857 (6)(a) A Class "CC" licensee must serve an internship
7858 under the direction and control of a designated sponsor, who is
7859 a Class "C," Class "MA," or Class "M" licensee.
7860 (b) Before submission of an application to the department,
7861 the applicant for a Class "CC" license must have completed a
7862 minimum of 40 hours of professional training pertaining to
7863 general investigative techniques and this chapter, which course
7864 is offered by a state university or by a school, community
7865 college, college, or university under the purview of the
7866 Department of Education, and the applicant must pass an
7867 examination. The certificate evidencing satisfactory completion
7868 of the 40 hours of professional training must be submitted with
7869 the application for a Class "CC" license. The training specified
7870 in this paragraph may be provided by face-to-face presentation,
7871 online technology, or a home study course in accordance with
7872 rules and procedures of the Department of Education. The
7873 administrator of the examination must verify the identity of
7874 each applicant taking the examination.
7875 1. Upon an applicant's successful completion of each part
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7876 of the approved training and passage of any required
7877 examination, the school, community college, college, or
7878 university shall issue a certificate of completion to the
7879 applicant. The certificates must be on a form established by
7880 rule of the department.
7881 2. The department shall establish by rule the general
7882 content of the professional training and the examination
7883 criteria.
7884 3. If the license of an applicant for relicensure is
7885 invalid for more than 1 year, the applicant must complete the
7886 required training and pass any required examination.
7887 (c) An individual licensed on or before August 31, 2008,
7888 is not required to complete additional training hours in order
7889 to renew an active license beyond the total required hours, and
7890 the timeframe for completion in effect at the time he or she was
7891 licensed applies.
7892 Section 244. Subsections (1), (2), (3), (4), (5), and (6)
7893 of section 493.6301, Florida Statutes, are amended to read:
7894 493.6301 Classes of licenses.—
7895 (1) Any person, firm, company, partnership, or corporation
7896 which engages in business as a security agency shall have a
7897 Class "B" license. A Class "B" license is valid for only one
7898 location.
7899 (2) Each branch office of a Class "B" agency shall have a
7900 Class "BB" license. Where a person, firm, company, partnership,
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7901 or corporation holds both a Class "A" and Class "B" license,
7902 each branch office shall have a Class "AB" license.
7903 (3) Any individual who performs the services of a manager
7904 for a:
7905 (a) Class "B" security agency or Class "BB" branch office
7906 shall have a Class "MB" license. A Class "M" licensee, or a
7907 Class "D" licensee who has been so licensed for a minimum of 2
7908 years, may be designated as the manager, in which case the Class
7909 "MB" license is not required.
7910 (b) Class "A" and Class "B" agency or a Class "AB" branch
7911 office shall have a Class "M" license.
7912 (4) A Class "D" licensee shall own or be an employee of a
7913 Class "B" security agency or branch office. This does not
7914 include those individuals who are exempt under s. 493.6102(4)
7915 but who possess a Class "D" license solely for the purpose of
7916 holding a Class "G" license.
7917 (1)(5) Any individual who performs the services of a
7918 security officer shall have a Class "D" license. However, a
7919 Class "C" licensee or a Class "CC" licensee may perform
7920 bodyguard services without a Class "D" license.
7921 (2)(6) Only Class "M," Class "MB," or Class "D" licensees
7922 are permitted to bear a firearm, and any such licensee who bears
7923 a firearm shall also have a Class "G" license.
7924 Section 245. Section 493.6302, Florida Statutes, is
7925 amended to read:
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7926 493.6302 Fees.—
7927 (1) The department shall establish by rule license fees,
7928 not to exceed the following:
7929 (a) Class "B" license—security agency: $450.
7930 (b) Class "BB" or Class "AB" license—branch office: $125.
7931 (c) Class "MB" license—security agency manager: $75.
7932 (a)(d) Class "D" license—security officer: $45.
7933 (b)(e) Class "DS" license—security officer school or
7934 training facility: $60.
7935 (c)(f) Class "DI" license—security officer school or
7936 training facility instructor: $60.
7937 (2) The department may establish by rule a fee for the
7938 replacement or revision of a license, which fee shall not exceed
7939 $30.
7940 (3) The fees set forth in this section must be paid by
7941 check or money order or, at the discretion of the department, by
7942 electronic funds transfer at the time the application is
7943 approved, except that the applicant for a Class "D," or Class
7944 "G," Class "M," or Class "MB" license must pay the license fee
7945 at the time the application is made. If a license is revoked or
7946 denied or if the application is withdrawn, the license fee is
7947 nonrefundable.
7948 (4) The initial license fee for a veteran, as defined in
7949 s. 1.01, shall be waived if he or she applies for a Class "D,"
7950 or Class "DI," or Class "MB" license within 24 months after
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7951 being discharged from any branch of the United States Armed
7952 Forces. An eligible veteran must include a copy of his or her DD
7953 Form 214, as issued by the United States Department of Defense,
7954 or another acceptable form of identification as specified by the
7955 Department of Veterans' Affairs with his or her application in
7956 order to obtain a waiver.
7957 Section 246. Subsections (1), (2), and (3) of section
7958 493.6303, Florida Statutes, are amended to read:
7959 493.6303 License requirements.—In addition to the license
7960 requirements set forth elsewhere in this chapter, each
7961 individual or agency must comply with the following additional
7962 requirements:
7963 (1) Each agency or branch office shall designate a minimum
7964 of one appropriately licensed individual to act as manager,
7965 directing the activities of the Class "D" employees.
7966 (2) An applicant for a Class "MB" license shall have 2
7967 years of lawfully gained, verifiable, full-time experience, or
7968 training in:
7969 (a) Security work or related fields of work that provided
7970 equivalent experience or training;
7971 (b) Experience described in paragraph (a) for 1 year and
7972 experience described in paragraph (c) for 1 year;
7973 (c) No more than 1 year using:
7974 1. Either college coursework related to criminal justice,
7975 criminology, or law enforcement administration; or
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7976 2. Successfully completed law enforcement-related training
7977 received from any federal, state, county, or municipal agency;
7978 or
7979 (d) Experience described in paragraph (a) for 1 year and
7980 work in a managerial or supervisory capacity for 1 year.
7981 (3) An applicant for a Class "M" license shall qualify for
7982 licensure as a Class "MA" manager as outlined under s.
7983 493.6203(2) and as a Class "MB" manager as outlined under
7984 subsection (2).
7985 Section 247. Subsections (1), (2), (3), (4), (5), and (6)
7986 of section 493.6401, Florida Statutes, are amended to read:
7987 493.6401 Classes of licenses.—
7988 (1) Any person, firm, company, partnership, or corporation
7989 which engages in business as a recovery agency shall have a
7990 Class "R" license. A Class "R" license is valid for only one
7991 location.
7992 (2) Each branch office of a Class "R" agency shall have a
7993 Class "RR" license.
7994 (3) Any individual who performs the services of a manager
7995 for a Class "R" recovery agency or a Class "RR" branch office
7996 must have a Class "MR" license. A Class "E" licensee may be
7997 designated as the manager, in which case the Class "MR" license
7998 is not required.
7999 (1)(4) Any individual who performs the services of a
8000 recovery agent must have a Class "E" license.
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8001 (5) Any individual who performs repossession as an intern
8002 under the direction and control of a designated, sponsoring
8003 Class "E" licensee or a designated, sponsoring Class "MR"
8004 licensee shall have a Class "EE" license.
8005 (6) Class "E" or Class "EE" licensees shall own or be an
8006 employee of a Class "R" agency or branch office.
8007 Section 248. Section 493.6402, Florida Statutes, is
8008 amended to read:
8009 493.6402 Fees.—
8010 (1) The department shall establish by rule license fees
8011 not to exceed the following:
8012 (a) Class "R" license—recovery agency: $450.
8013 (b) Class "RR" license—branch office: $125.
8014 (c) Class "MR" license—recovery agency manager: $75.
8015 (a)(d) Class "E" license—recovery agent: $75.
8016 (e) Class "EE" license—recovery agent intern: $60.
8017 (b)(f) Class "RS" license—recovery agent school or
8018 training facility: $60.
8019 (c)(g) Class "RI" license—recovery agent school or
8020 training facility instructor: $60.
8021 (2) The department may establish by rule a fee for the
8022 replacement or revision of a license, which fee shall not exceed
8023 $30.
8024 (3) The fees set forth in this section must be paid by
8025 check or money order, or, at the discretion of the department,
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8026 by electronic funds transfer at the time the application is
8027 approved, except that the applicant for a Class "E," Class "EE,"
8028 or Class "MR" license must pay the license fee at the time the
8029 application is made. If a license is revoked or denied, or if an
8030 application is withdrawn, the license fee is nonrefundable.
8031 (4) The initial license fee for a veteran, as defined in
8032 s. 1.01, shall be waived if he or she applies for a Class "E,"
8033 Class "EE," Class "MR," or Class "RI" license within 24 months
8034 after being discharged from any branch of the United States
8035 Armed Forces. An eligible veteran must include a copy of his or
8036 her DD Form 214, as issued by the United States Department of
8037 Defense, or another acceptable form of identification as
8038 specified by the Department of Veterans' Affairs with his or her
8039 application in order to obtain a waiver.
8040 Section 249. Section 493.6403, Florida Statutes, is
8041 amended to read:
8042 493.6403 License requirements.—
8043 (1) In addition to the license requirements set forth in
8044 this chapter, each individual or agency shall comply with the
8045 following additional requirements:
8046 (a) Each agency or branch office must designate a minimum
8047 of one appropriately licensed individual to act as manager,
8048 directing the activities of the Class "E" or Class "EE"
8049 employees. A Class "E" licensee may be designated to act as
8050 manager of a Class "R" agency or branch office in which case the
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8051 Class "MR" license is not required.
8052 (b) An applicant for Class "MR" license shall have at
8053 least 1 year of lawfully gained, verifiable, full-time
8054 experience as a Class "E" licensee performing repossessions of
8055 motor vehicles, mobile homes, motorboats, aircraft, personal
8056 watercraft, all-terrain vehicles, farm equipment, or industrial
8057 equipment.
8058 (a)(c) An applicant for a Class "E" license shall have at
8059 least 1 year of lawfully gained, verifiable, full-time
8060 experience in one, or a combination of more than one, of the
8061 following:
8062 1. Repossession of motor vehicles as defined in s.
8063 320.01(1), mobile homes as defined in s. 320.01(2), motorboats
8064 as defined in s. 327.02, aircraft as defined in s. 330.27(1),
8065 personal watercraft as defined in s. 327.02, all-terrain
8066 vehicles as defined in s. 316.2074, farm equipment as defined
8067 under s. 686.402, or industrial equipment as defined in s.
8068 493.6101(22).
8069 2. Work as a Class "EE" licensed intern.
8070 (2) An applicant for a Class "E" or a Class "EE" license
8071 must submit proof of successful completion of 40 hours of
8072 professional training at a school or training facility licensed
8073 by the department. The department shall by rule establish the
8074 general content for the training.
8075 Section 250. Subsection (3) of section 514.0315, Florida
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8076 Statutes, is amended to read:
8077 514.0315 Required safety features for public swimming
8078 pools and spas.—
8079 (3) The determination and selection of a feature under
8080 subsection (2) for a public swimming pool or spa constructed
8081 before January 1, 1993, is at the sole discretion of the owner
8082 or operator of the public swimming pool or spa. A licensed
8083 contractor described in s. 489.105(2)(j), (k), or (l) s.
8084 489.105(3)(j), (k), or (l) must install the feature.
8085 Section 251. Section 514.075, Florida Statutes, is amended
8086 to read:
8087 514.075 Public pool service technician; certification.—The
8088 department may require that a public pool, as defined in s.
8089 514.011, be serviced by a person certified as a pool service
8090 technician. To be certified, an individual must demonstrate
8091 knowledge of public pools which includes, but is not limited to:
8092 pool cleaning; general pool maintenance; source of the water
8093 supply; bacteriological, chemical, and physical quality of
8094 water; and water purification, testing, treatment, and
8095 disinfection procedures. The department may, by rule, establish
8096 the requirement for the certification course and course
8097 approval. The department shall deem certified any individual who
8098 is certified by a course of national recognition or any person
8099 licensed under s. 489.105(2)(j), (k), or (l) s. 489.105(3)(j),
8100 (k), or (l). This requirement does not apply to a person, or the
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8101 direct employee of a person, permitted as a public pool operator
8102 under s. 514.031.
8103 Section 252. Paragraph (d) of subsection (1) of section
8104 553.791, Florida Statutes, is amended to read:
8105 553.791 Alternative plans review and inspection.—
8106 (1) As used in this section, the term:
8107 (d) "Building code inspection services" means those
8108 services described in s. 468.603(4) and (7) s. 468.603(5) and
8109 (8) involving the review of building plans as well as those
8110 services involving the review of site plans and site work
8111 engineering plans or their functional equivalent, to determine
8112 compliance with applicable codes and those inspections required
8113 by law, conducted either in person or virtually, of each phase
8114 of construction for which permitting by a local enforcement
8115 agency is required to determine compliance with applicable
8116 codes.
8117 Section 253. Section 553.998, Florida Statutes, is amended
8118 to read:
8119 553.998 Compliance.—All ratings must be determined using
8120 tools and procedures developed by the systems recognized under
8121 this part and must be certified by the rater as accurate and
8122 correct and in compliance with procedures of the system under
8123 which the rater is certified. The local enforcement agency shall
8124 accept duct and air infiltration tests conducted in accordance
8125 with the Florida Building Code, 5th Edition (2014) Energy
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8126 Conservation, by individuals as defined in s. 553.993(5) or (7)
8127 or individuals licensed as set forth in s. 489.105(2)(f), (g),
8128 or (i) s. 489.105(3)(f), (g), or (i). The local enforcement
8129 agency may accept inspections in whole or in part by individuals
8130 as defined in s. 553.993(5) or (7).
8131 Section 254. Subsection (2) of section 569.34, Florida
8132 Statutes, is amended to read:
8133 569.34 Operating without a retail nicotine products dealer
8134 permit; penalty.—
8135 (2) A retail tobacco products dealer, as defined in s.
8136 569.002 s. 569.002(4), is not required to have a separate or
8137 additional retail nicotine products dealer permit to deal, at
8138 retail, in nicotine products within this the state, or allow a
8139 nicotine products vending machine to be located on its premises
8140 in this the state. Any retail tobacco products dealer that
8141 deals, at retail, in nicotine products or allows a nicotine
8142 products vending machine to be located on its premises in this
8143 the state, is subject to, and must be in compliance with, this
8144 part.
8145 Section 255. Paragraph (a) of subsection (2) of section
8146 627.192, Florida Statutes, is amended to read:
8147 627.192 Workers' compensation insurance; employee leasing
8148 arrangements.—
8149 (2) For purposes of the Florida Insurance Code:
8150 (a) "Employee leasing" shall have the same meaning as
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8151 provided in s. 468.520(3) set forth in s. 468.520(4).
8152 Section 256. Subsection (6) of section 633.216, Florida
8153 Statutes, is amended to read:
8154 633.216 Inspection of buildings and equipment; orders;
8155 firesafety inspection training requirements; certification;
8156 disciplinary action.—The State Fire Marshal and her or his
8157 agents or persons authorized to enforce laws and rules of the
8158 State Fire Marshal shall, at any reasonable hour, when the State
8159 Fire Marshal has reasonable cause to believe that a violation of
8160 this chapter or s. 509.215, or a rule adopted thereunder, or a
8161 minimum firesafety code adopted by the State Fire Marshal or a
8162 local authority, may exist, inspect any and all buildings and
8163 structures which are subject to the requirements of this chapter
8164 or s. 509.215 and rules adopted thereunder. The authority to
8165 inspect shall extend to all equipment, vehicles, and chemicals
8166 which are located on or within the premises of any such building
8167 or structure.
8168 (6) The division and the Florida Building Code
8169 Administrators and Inspectors Board, established pursuant to s.
8170 468.605, shall enter into a reciprocity agreement to facilitate
8171 joint recognition of continuing education recertification hours
8172 for certificateholders licensed under s. 468.609 and firesafety
8173 inspectors certified under subsection (2).
8174 Section 257. Subsection (8) of section 713.01, Florida
8175 Statutes, is amended to read:
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8176 713.01 Definitions.—As used in this part, the term:
8177 (8) "Contractor" means a person other than a materialman
8178 or laborer who enters into a contract with the owner of real
8179 property for improving it or who takes over from a contractor as
8180 so defined the entire remaining work under such contract. The
8181 term "contractor" includes an architect, landscape architect, or
8182 engineer who improves real property pursuant to a design-build
8183 contract authorized by s. 489.103(16). The term also includes a
8184 licensed general contractor or building contractor, as those
8185 terms are defined in s. 489.105(2)(a) and )(b) s. 489.105(3)(a)
8186 and (b), respectively, who provides construction management
8187 services, which include scheduling and coordinating
8188 preconstruction and construction phases for the construction
8189 project, or who provides program management services, which
8190 include schedule control, cost control, and coordinating the
8191 provision or procurement of planning, design, and construction
8192 for the construction project.
8193 Section 258. Subsection (4) of section 1006.12, Florida
8194 Statutes, is amended to read:
8195 1006.12 Safe-school officers at each public school.—For
8196 the protection and safety of school personnel, property,
8197 students, and visitors, each district school board and school
8198 district superintendent shall partner with law enforcement
8199 agencies or security agencies to establish or assign one or more
8200 safe-school officers at each school facility within the
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8201 district, including charter schools. A district school board
8202 must collaborate with charter school governing boards to
8203 facilitate charter school access to all safe-school officer
8204 options available under this section. The school district may
8205 implement any combination of the options in subsections (1)-(4)
8206 to best meet the needs of the school district and charter
8207 schools.
8208 (4) SCHOOL SECURITY GUARD.—A school district or charter
8209 school governing board may contract with a security agency as
8210 defined in s. 493.6101(15) s. 493.6101(18) to employ as a school
8211 security guard an individual who holds a Class "D" and Class "G"
8212 license pursuant to chapter 493, provided the following training
8213 and contractual conditions are met:
8214 (a) An individual who serves as a school security guard,
8215 for purposes of satisfying the requirements of this section,
8216 must:
8217 1. Demonstrate completion of 144 hours of required
8218 training pursuant to s. 30.15(1)(k)2.
8219 2. Pass a psychological evaluation administered by a
8220 psychologist licensed under chapter 490 and designated by the
8221 Department of Law Enforcement and submit the results of the
8222 evaluation to the sheriff's office, school district, or charter
8223 school governing board, as applicable. The Department of Law
8224 Enforcement is authorized to provide the sheriff's office,
8225 school district, or charter school governing board with mental
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8226 health and substance abuse data for compliance with this
8227 paragraph.
8228 3. Submit to and pass an initial drug test and subsequent
8229 random drug tests in accordance with the requirements of s.
8230 112.0455 and the sheriff's office, school district, or charter
8231 school governing board, as applicable.
8232 4. Successfully complete ongoing training, weapon
8233 inspection, and firearm qualification on at least an annual
8234 basis and provide documentation to the sheriff's office, school
8235 district, or charter school governing board, as applicable.
8236 (b) The contract between a security agency and a school
8237 district or a charter school governing board regarding
8238 requirements applicable to school security guards serving in the
8239 capacity of a safe-school officer for purposes of satisfying the
8240 requirements of this section shall define the entity or entities
8241 responsible for training and the responsibilities for
8242 maintaining records relating to training, inspection, and
8243 firearm qualification.
8244 (c) School security guards serving in the capacity of a
8245 safe-school officer pursuant to this subsection are in support
8246 of school-sanctioned activities for purposes of s. 790.115, and
8247 must aid in the prevention or abatement of active assailant
8248 incidents on school premises.
8249
8250 If a district school board, through its adopted policies,
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8251 procedures, or actions, denies a charter school access to any
8252 safe-school officer options pursuant to this section, the school
8253 district must assign a school resource officer or school safety
8254 officer to the charter school. Under such circumstances, the
8255 charter school's share of the costs of the school resource
8256 officer or school safety officer may not exceed the safe school
8257 allocation funds provided to the charter school pursuant to s.
8258 1011.62(12) and shall be retained by the school district.
8259 Section 259. Subsections (5) and (6) of section 259.1053,
8260 Florida Statutes, are renumbered as subsections (4) and (5),
8261 respectively, and subsection (4) of that section is amended, to
8262 read:
8263 259.1053 Babcock Ranch Preserve; Babcock Ranch Advisory
8264 Group.—
8265 (4) BABCOCK RANCH ADVISORY GROUP.—
8266 (a) The purpose of the Babcock Ranch Advisory Group is to
8267 assist the department by providing guidance and advice
8268 concerning the management and stewardship of the Babcock Ranch
8269 Preserve.
8270 (b) The Babcock Ranch Advisory Group shall be comprised of
8271 nine members appointed to 5-year terms. Based on recommendations
8272 from the Governor and Cabinet, the commission, and the governing
8273 boards of Charlotte County and Lee County, the commissioner
8274 shall appoint members as follows:
8275 1. One member with experience in sustainable management of
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8276 forest lands for commodity purposes.
8277 2. One member with experience in financial management,
8278 budget and program analysis, and small business operations.
8279 3. One member with experience in management of game and
8280 nongame wildlife and fish populations, including hunting,
8281 fishing, and other recreational activities.
8282 4. One member with experience in domesticated livestock
8283 management, production, and marketing, including range
8284 management and livestock business management.
8285 5. One member with experience in agriculture operations or
8286 forestry management.
8287 6. One member with experience in hunting, fishing, nongame
8288 species management, or wildlife habitat management, restoration,
8289 and conservation.
8290 7. One member with experience in public outreach and
8291 education.
8292 8. One member who is a resident of Lee County, to be
8293 designated by the Board of County Commissioners of Lee County.
8294 9. One member who is a resident of Charlotte County, to be
8295 designated by the Board of County Commissioners of Charlotte
8296 County.
8297
8298 Vacancies will be filled in the same manner in which the
8299 original appointment was made. A member appointed to fill a
8300 vacancy shall serve for the remainder of that term.
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8301 (c) Members of the Babcock Ranch Advisory Group shall:
8302 1. Elect a chair and vice chair from among the group
8303 members.
8304 2. Meet regularly as determined by the chair.
8305 3. Serve without compensation but shall receive
8306 reimbursement for travel and per diem expenses as provided in s.
8307 112.061.
8308 Section 260. Subsection (2) of section 399.035, Florida
8309 Statutes, is amended to read:
8310 399.035 Elevator accessibility requirements for the
8311 physically handicapped.—
8312 (2) Any building that is more than three stories high or
8313 in which the vertical distance between the bottom terminal
8314 landing and the top terminal landing exceeds 25 feet must be
8315 constructed to contain at least one passenger elevator that is
8316 operational and will accommodate an ambulance stretcher size
8317 specified in the edition of the Florida Building Code that was
8318 in effect at the time of receipt of an application for
8319 construction permit for the elevator 76 inches long and 24
8320 inches wide in the horizontal position.
8321 Section 261. Subsection (1) of section 373.219, Florida
8322 Statutes, is amended to read:
8323 373.219 Permits required.—
8324 (1) The governing board or the department may require such
8325 permits for consumptive use of water and may impose such
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8326 reasonable conditions as are necessary to assure that such use
8327 is consistent with the overall objectives of the district or
8328 department and is not harmful to the water resources of the
8329 area. However, a no permit is not shall be required for:
8330 (a) Domestic consumption of water by individual users.
8331 (b) Landscape irrigation water use by a property owner of
8332 a residential single-family home.
8333 Section 262. Paragraph (a) of subsection (3) of section
8334 455.02, Florida Statutes, is amended, and subsections (1) and
8335 (2) of that section are republished, to read:
8336 455.02 Licensure of members of the Armed Forces in good
8337 standing and their spouses or surviving spouses with
8338 administrative boards or programs.—
8339 (1) Any member of the United States Armed Forces now or
8340 hereafter on active duty who, at the time of becoming such a
8341 member, was in good standing with any of the boards or programs
8342 listed in s. 20.165 and was entitled to practice or engage in
8343 his or her profession or occupation in the state shall be kept
8344 in good standing by the applicable board or program, without
8345 registering, paying dues or fees, or performing any other act on
8346 his or her part to be performed, as long as he or she is a
8347 member of the United States Armed Forces on active duty and for
8348 a period of 2 years after discharge from active duty. A member,
8349 during active duty and for a period of 2 years after discharge
8350 from active duty, engaged in his or her licensed profession or
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8351 occupation in the private sector for profit in this state must
8352 complete all license renewal provisions except remitting the
8353 license renewal fee, which shall be waived by the department.
8354 (2) A spouse of a member of the United States Armed Forces
8355 who is married to a member during a period of active duty, or a
8356 surviving spouse of a member who at the time of death was
8357 serving on active duty, who is in good standing with any of the
8358 boards or programs listed in s. 20.165 shall be kept in good
8359 standing by the applicable board or program as described in
8360 subsection (1) and shall be exempt from licensure renewal
8361 provisions, but only in cases of his or her absence from the
8362 state because of his or her spouse's duties with the United
8363 States Armed Forces. The department or the appropriate board or
8364 program shall waive any license renewal fee for such spouse when
8365 he or she is present in this state because of such member's
8366 active duty and for a surviving spouse of a member who at the
8367 time of death was serving on active duty and died within the 2
8368 years preceding the date of renewal.
8369 (3)(a) The department shall issue a professional license
8370 to an applicant who is or was an active duty member of the Armed
8371 Forces of the United States, or who is a spouse or surviving
8372 spouse of such member, upon application to the department in a
8373 format prescribed by the department. An application must include
8374 proof that:
8375 1. The applicant is or was an active duty member of the
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8376 Armed Forces of the United States or is married to a member of
8377 the Armed Forces of the United States and was married to the
8378 member during any period of active duty or was married to such a
8379 member who at the time of the member's death was serving on
8380 active duty. An applicant who was an active duty member of the
8381 Armed Forces of the United States must have received an
8382 honorable discharge upon separation or discharge from the Armed
8383 Forces of the United States.
8384 2. The applicant holds a valid license for the profession
8385 issued by another state, the District of Columbia, any
8386 possession or territory of the United States, or any foreign
8387 jurisdiction.
8388 3. The applicant, where required by the specific practice
8389 act, has complied with insurance or bonding requirements.
8390 4.a. A complete set of the applicant's fingerprints is
8391 submitted to the Department of Law Enforcement for a statewide
8392 criminal history check for those professions that require
8393 fingerprints for initial licensure.
8394 b. The Department of Law Enforcement shall forward the
8395 fingerprints submitted pursuant to sub-subparagraph a. to the
8396 Federal Bureau of Investigation for a national criminal history
8397 check. The department shall, and the board may, review the
8398 results of the criminal history checks according to the level 2
8399 screening standards in s. 435.04 and determine whether the
8400 applicant meets the licensure requirements. The costs of
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8401 fingerprint processing shall be borne by the applicant. If the
8402 applicant's fingerprints are submitted through an authorized
8403 agency or vendor, the agency or vendor must shall collect the
8404 required processing fees and remit the fees to the Department of
8405 Law Enforcement.
8406 Section 263. Paragraph (a) of subsection (3) of section
8407 455.213, Florida Statutes, is amended to read:
8408 455.213 General licensing provisions.—
8409 (3)(a) Notwithstanding any other law, the department
8410 applicable board shall use the process in this subsection for
8411 review of an applicant's criminal record to determine his or her
8412 eligibility for licensure as:
8413 1. A barber under chapter 476;
8414 2. A cosmetologist or cosmetology specialist under chapter
8415 477;
8416 2.3. Any of the following construction professions under
8417 chapter 489:
8418 a. Air-conditioning contractor;
8419 b. Electrical contractor;
8420 c. Mechanical contractor;
8421 d. Plumbing contractor;
8422 e. Pollutant storage systems contractor;
8423 f. Roofing contractor;
8424 g. Sheet metal contractor;
8425 h. Solar contractor;
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8426 i. Swimming pool and spa contractor;
8427 j. Underground utility and excavation contractor; or
8428 k. Other specialty contractors; or
8429 3.4. Any other profession for which the department issues
8430 a license, provided the profession is offered to inmates in any
8431 correctional institution or correctional facility as vocational
8432 training or through an industry certification program.
8433 Section 264. Subsection (1) of section 468.386, Florida
8434 Statutes, is amended to read:
8435 468.386 Fees; local licensing requirements.—
8436 (1)(a) The department board by rule may establish
8437 application, examination, licensure, renewal, and other
8438 reasonable and necessary fees, based upon the department's
8439 estimate of the costs to the board in administering this act.
8440 (b) Effective July 1, 2026, all fees established by the
8441 department in administering this act shall be reduced by 50
8442 percent.
8443 Section 265. Subsection (1), paragraph (c) of subsection
8444 (2), subsections (4) and (5), paragraphs (b) and (e) of
8445 subsection (6), paragraphs (a) and (c) of subsection (7), and
8446 subsections (8) and (10) of section 468.609, Florida Statutes,
8447 are amended to read:
8448 468.609 Administration of this part; standards for
8449 certification; additional categories of certification.—
8450 (1) Except as provided in this part, any person who
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8451 desires to be certified shall apply to the department board, in
8452 writing upon forms approved and furnished by the department
8453 board, to take the certification examination.
8454 (2) A person may take the examination for certification as
8455 a building code inspector or plans examiner pursuant to this
8456 part if the person:
8457 (c) Meets eligibility requirements according to one of the
8458 following criteria:
8459 1. Demonstrates 4 years' combined experience in the field
8460 of construction or a related field, building code inspection, or
8461 plans review corresponding to the certification category sought;
8462 2. Demonstrates a combination of postsecondary education
8463 in the field of construction or a related field and experience
8464 which totals 3 years, with at least 1 year of such total being
8465 experience in construction, building code inspection, or plans
8466 review;
8467 3. Demonstrates a combination of technical education in
8468 the field of construction or a related field and experience
8469 which totals 3 years, with at least 1 year of such total being
8470 experience in construction, building code inspection, or plans
8471 review;
8472 4. Currently holds a standard certificate issued by the
8473 department board or a firesafety inspector license issued under
8474 chapter 633, with a minimum of 3 years' verifiable full-time
8475 experience in firesafety inspection or firesafety plan review,
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8476 and has satisfactorily completed a building code inspector or
8477 plans examiner training program that provides at least 100 hours
8478 but not more than 200 hours of cross-training in the
8479 certification category sought. The department board shall
8480 establish by rule criteria for the development and
8481 implementation of the training programs. The department board
8482 must accept all classroom training offered by an approved
8483 provider if the content substantially meets the intent of the
8484 classroom component of the training program;
8485 5. Demonstrates a combination of the completion of an
8486 approved training program in the field of building code
8487 inspection or plan review and a minimum of 2 years' experience
8488 in the field of building code inspection, plan review, fire code
8489 inspections and fire plans review of new buildings as a
8490 firesafety inspector certified under s. 633.216, or
8491 construction. The approved training portion of this requirement
8492 must include proof of satisfactory completion of a training
8493 program that provides at least 200 hours but not more than 300
8494 hours of cross-training that is approved by the department board
8495 in the chosen category of building code inspection or plan
8496 review in the certification category sought with at least 20
8497 hours but not more than 30 hours of instruction in state laws,
8498 rules, and ethics relating to professional standards of
8499 practice, duties, and responsibilities of a certificateholder.
8500 The department board shall coordinate with the Building
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8501 Officials Association of Florida, Inc., to establish by rule the
8502 development and implementation of the training program. However,
8503 the department board must accept all classroom training offered
8504 by an approved provider if the content substantially meets the
8505 intent of the classroom component of the training program;
8506 6. Currently holds a standard certificate issued by the
8507 department board or a firesafety inspector license issued under
8508 chapter 633 and:
8509 a. Has at least 4 years' verifiable full-time experience
8510 as an inspector or plans examiner in a standard certification
8511 category currently held or has a minimum of 4 years' verifiable
8512 full-time experience as a firesafety inspector licensed under
8513 chapter 633.
8514 b. Has satisfactorily completed a building code inspector
8515 or plans examiner classroom training course or program that
8516 provides at least 200 but not more than 300 hours in the
8517 certification category sought, except for residential training
8518 programs, which must provide at least 500 but not more than 800
8519 hours of training as prescribed by the department board. The
8520 department board shall establish by rule criteria for the
8521 development and implementation of classroom training courses and
8522 programs in each certification category; or
8523 7.a. Has completed a 4-year internship certification
8524 program as a building code inspector or plans examiner,
8525 including an internship program for residential inspectors,
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8526 while also employed full time by a municipality, county, or
8527 other governmental jurisdiction, under the direct supervision of
8528 a certified building official. A person may also complete the
8529 internship certification program, including an internship
8530 program for residential inspectors, while employed full time by
8531 a private provider or a private provider's firm that performs
8532 the services of a building code inspector or plans examiner,
8533 while under the direct supervision of a certified building
8534 official. Proof of graduation with a related vocational degree
8535 or college degree or of verifiable work experience may be
8536 exchanged for the internship experience requirement year-for-
8537 year, but may reduce the requirement to no less than 1 year.
8538 Proof of verifiable work experience as an inspector or plans
8539 examiner of any other type may be exchanged for the internship
8540 experience requirement year-for-year, but may reduce the
8541 requirement to no less than 1 year.
8542 b. Has passed an examination administered by the
8543 International Code Council in the certification category sought.
8544 Such examination must be passed before beginning the internship
8545 certification program.
8546 c. Has passed the principles and practice examination
8547 before completing the internship certification program.
8548 d. Has passed a department-approved board-approved 40-hour
8549 code training course in the certification category sought before
8550 completing the internship certification program.
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8551 e. Has obtained a favorable recommendation from the
8552 supervising building official after completion of the internship
8553 certification program.
8554 (4) No person may engage in the duties of a building code
8555 administrator, plans examiner, or building code inspector
8556 pursuant to this part after October 1, 1993, unless such person
8557 possesses one of the following types of certificates, currently
8558 valid, issued by the department board attesting to the person's
8559 qualifications to hold such position:
8560 (a) A standard certificate.
8561 (b) A limited certificate.
8562 (c) A provisional certificate.
8563 (5)(a) To obtain a standard certificate, an individual
8564 must pass an examination approved by the department board which
8565 demonstrates that the applicant has fundamental knowledge of the
8566 state laws and codes relating to the construction of buildings
8567 for which the applicant has building code administration, plans
8568 examination, or building code inspection responsibilities. It is
8569 the intent of the Legislature that the examination approved for
8570 certification pursuant to this part be substantially equivalent
8571 to the examinations administered by the International Code
8572 Council.
8573 (b) A standard certificate shall be issued to each
8574 applicant who successfully completes the examination, which
8575 certificate authorizes the individual named thereon to practice
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8576 throughout the state as a building code administrator, plans
8577 examiner, or building code inspector within such class and level
8578 as is specified by the department board.
8579 (c) The department board may accept proof that the
8580 applicant has passed an examination which is substantially
8581 equivalent to the department-approved board-approved examination
8582 set forth in this section.
8583 (6)
8584 (b) By October 1, 1993, individuals who were employed on
8585 July 1, 1993, as building code administrators, plans examiners,
8586 or building code inspectors, who are not eligible for a standard
8587 certificate, but who wish to continue in such employment, shall
8588 submit to the department board the appropriate application and
8589 certification fees and shall receive a limited certificate
8590 qualifying them to engage in building code administration, plans
8591 examination, or building code inspection in the class, at the
8592 performance level, and within the governmental jurisdiction in
8593 which such person is employed.
8594 (e) By March 1, 2003, or 1 year after the Florida Building
8595 Code is implemented, whichever is later, individuals who were
8596 employed by an educational board, the Department of Education,
8597 or the State University System as building code administrators,
8598 plans examiners, or inspectors, who do not wish to apply for a
8599 standard certificate but who wish to continue in such
8600 employment, shall submit to the department board the appropriate
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8601 application and certification fees and shall receive a limited
8602 certificate qualifying such individuals to engage in building
8603 code administration, plans examination, or inspection in the
8604 class, at the performance level, and within the governmental
8605 jurisdiction in which such person is employed.
8606 (7)(a) The department board shall provide for the issuance
8607 of provisional certificates valid for 2 years, as specified by
8608 department board rule, to any building code inspector or plans
8609 examiner who meets the eligibility requirements described in
8610 subsection (2) and any newly employed or promoted building code
8611 administrator who meets the eligibility requirements described
8612 in subsection (3). The provisional license may be renewed by the
8613 department board for just cause; however, a provisional license
8614 is not valid for longer than 3 years.
8615 (c) The department board shall provide for appropriate
8616 levels of provisional certificates and may issue these
8617 certificates with such special conditions or requirements as the
8618 department board deems necessary to protect the public safety
8619 and health. The department board may not place a special
8620 condition or requirement on a provisional certificate with
8621 respect to the requirement of employment by a municipality,
8622 county, or other local governmental agency.
8623 (8) Any individual applying to the department board may be
8624 issued a certificate valid for multiple building code inspection
8625 classes, as deemed appropriate by the department board.
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8626 (10)(a) The department board may by rule create categories
8627 of certification in addition to those defined in s. 468.603(4)
8628 and (7) s. 468.603(5) and (8). Such certification categories may
8629 shall not be mandatory and may shall not act to diminish the
8630 scope of any certificate created by statute.
8631 (b) The department board shall by rule establish:
8632 1. Reciprocity of certification with any other state that
8633 requires an examination administered by the International Code
8634 Council.
8635 2. That an applicant for certification as a building code
8636 inspector or plans examiner may apply for a provisional
8637 certificate valid for the duration of the internship period.
8638 3. That partial completion of an internship program is
8639 transferable among jurisdictions, private providers, and firms
8640 of private providers on a form prescribed by the department
8641 board.
8642 4. That an applicant may apply for a standard certificate
8643 on a form prescribed by the department board upon successful
8644 completion of an internship certification program.
8645 5. That an applicant may apply for a standard certificate
8646 at least 30 days but no more than 60 days before completing the
8647 internship certification program.
8648 6. That a building code inspector or plans examiner who
8649 has standard certification may seek an additional certification
8650 in another category by completing an additional nonconcurrent 1-
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8651 year internship program in the certification category sought and
8652 passing an examination administered by the International Code
8653 Council and a department-approved board-approved 40-hour code
8654 training course.
8655 Section 266. Section 471.015, Florida Statutes, is amended
8656 to read:
8657 471.015 Licensure.—
8658 (1) The department management corporation shall issue a
8659 license to any applicant who the department board certifies is
8660 qualified to practice engineering and who has passed the
8661 fundamentals examination and the principles and practice
8662 examination.
8663 (2)(a) The department board shall certify for licensure
8664 any applicant who has submitted proof satisfactory to the
8665 department board that he or she is at least 18 years of age and
8666 who:
8667 1. Satisfies the requirements of s. 471.013(1)(a)1. and
8668 has a record of at least 4 years of active engineering
8669 experience of a character indicating competence to be in
8670 responsible charge of engineering; or
8671 2. Satisfies the requirements of s. 471.013(1)(a)2. and
8672 has a record of at least 6 years of active engineering
8673 experience of a character indicating competence to be in
8674 responsible charge of engineering.
8675 (b) The department board may refuse to certify any
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8676 applicant who has violated s. 471.031.
8677 (3) The department board shall certify as qualified for a
8678 license by endorsement an applicant who:
8679 (a) Qualifies to take the fundamentals examination and the
8680 principles and practice examination as set forth in s. 471.013,
8681 has passed a United States national, regional, state, or
8682 territorial licensing examination that is substantially
8683 equivalent to the fundamentals examination and principles and
8684 practice examination required by s. 471.013, and has satisfied
8685 the experience requirements set forth in paragraph (2)(a) and s.
8686 471.013; or
8687 (b) Holds a valid license to practice engineering issued
8688 by another state or territory of the United States, or a foreign
8689 jurisdiction if the criteria for issuance of the license were
8690 substantially the same as the licensure criteria that existed in
8691 this state at the time the license was issued; or
8692 (c) Holds a valid license to practice engineering issued
8693 by a foreign jurisdiction approved by the board and holds an
8694 active Council Record with the National Council of Examiners for
8695 Engineering and Surveying.
8696 (4) The department may management corporation shall not
8697 issue a license by endorsement to any applicant who is under
8698 investigation in another state for any act that would constitute
8699 a violation of this chapter or of chapter 455 until such time as
8700 the investigation is complete and disciplinary proceedings have
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8701 been terminated.
8702 (5)(a) The department board shall deem that an applicant
8703 who seeks licensure by endorsement has passed an examination
8704 substantially equivalent to the fundamentals examination when
8705 such applicant has held a valid professional engineer's license
8706 in another state for 10 years.
8707 (b) The department board shall deem that an applicant who
8708 seeks licensure by endorsement has passed an examination
8709 substantially equivalent to the fundamentals examination and the
8710 principles and practices examination when such applicant has
8711 held a valid professional engineer's license in another state
8712 for 15 years.
8713 (6) The department board may require a personal appearance
8714 by any applicant for licensure under this chapter. Any applicant
8715 of whom a personal appearance is required must be given adequate
8716 notice of the time and place of the appearance and provided with
8717 a statement of the purpose of and reasons requiring the
8718 appearance. If an applicant is required to appear, the time
8719 period within which a licensure application must be granted or
8720 denied is tolled until such time as the applicant appears.
8721 However, if the applicant fails to appear before the department
8722 board at either of the next two regularly scheduled department
8723 board meetings, the application for licensure may be denied.
8724 (7) The department board shall, by rule, establish
8725 qualifications for certification of licensees as special
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8726 inspectors of threshold buildings, as defined in ss. 553.71 and
8727 553.79, and shall compile a list of persons who are certified. A
8728 special inspector is not required to meet standards for
8729 certification other than those established by the department
8730 board, and the fee owner of a threshold building may not be
8731 prohibited from selecting any person certified by the department
8732 board to be a special inspector. The department board shall
8733 develop minimum qualifications for the qualified representative
8734 of the special inspector who is authorized to perform
8735 inspections of threshold buildings on behalf of the special
8736 inspector under s. 553.79.
8737 Section 267. Effective January 1, 2026, section 473.308,
8738 Florida Statutes, is amended to read:
8739 473.308 Licensure.—
8740 (1) A person desiring to be licensed as a Florida
8741 certified public accountant in this state shall apply to the
8742 department for licensure, and the department shall license any
8743 applicant who the department board certifies is qualified to
8744 practice public accounting.
8745 (2) The department board shall certify for licensure any
8746 applicant who successfully passes the licensure examination and
8747 satisfies the requirements of subsections (4), (5), and (6), and
8748 shall certify for licensure any firm that satisfies the
8749 requirements of ss. 473.309 and 473.3101. The department board
8750 may refuse to certify any applicant or firm that has violated
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8751 any of the provisions of s. 473.322.
8752 (3) A person desiring to be licensed as a Florida
8753 certified public accountant or a firm desiring to engage in the
8754 practice of public accounting must create and maintain an online
8755 account with the department and provide an e-mail address to
8756 function as the primary means of contact for all communication
8757 from the department. Certified public accountants and firms are
8758 responsible for maintaining accurate contact information on file
8759 with the department and must submit any change in an e-mail
8760 address or street address within 30 days after the change. All
8761 changes must be submitted through the department's online
8762 system.
8763 (4)(a) An applicant for licensure must:
8764 1. Complete have at least 150 semester hours of college
8765 education, including a baccalaureate or higher degree conferred
8766 by an accredited college or university, with a concentration in
8767 accounting and business as prescribed by the department; in the
8768 total educational program to the extent specified by the board.
8769 2. Hold a master's degree in accounting or finance
8770 conferred by an accredited college or university with a
8771 concentration in accounting and business as prescribed by the
8772 department;
8773 3. Hold a baccalaureate degree in accounting or finance
8774 conferred by an accredited college or university with a
8775 concentration in accounting and business as prescribed by the
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8776 department; or
8777 4. Hold a baccalaureate degree in any major course of
8778 study conferred by an accredited college or university and have
8779 completed coursework required for a concentration in accounting
8780 and business as prescribed by the department.
8781 (b) The department shall prescribe the coursework required
8782 for a concentration in accounting and business. The department
8783 may deem that an applicant has satisfied requirements for such
8784 coursework if the applicant receives a baccalaureate or higher
8785 degree in accounting or finance conferred by an accredited
8786 college or university in a state or territory of the United
8787 States. An applicant receiving a baccalaureate or higher degree
8788 with a major course of study other than accounting or finance
8789 must complete the coursework required for a concentration in
8790 accounting and business as prescribed by the department.
8791 (5)(a) An applicant for licensure who completes the
8792 education requirements under subparagraph (4)(a)1. or
8793 subparagraph (4)(a)2. after December 31, 2008, must show that he
8794 or she has had 1 year of work experience. An applicant who
8795 completes the education requirements under subparagraph (4)(a)3.
8796 or subparagraph (4)(a)4. must show 2 years of work experience.
8797 (b) The work experience under paragraph (a) This
8798 experience shall include providing any type of service or advice
8799 involving the use of accounting, attest, compilation, management
8800 advisory, financial advisory, tax, or consulting skills, all of
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8801 which must be verified by a certified public accountant who is
8802 licensed by a state or territory of the United States. This
8803 experience is acceptable if it was gained through employment in
8804 government, industry, academia, or public practice; constituted
8805 a substantial part of the applicant's duties; and was verified
8806 by a certified public accountant licensed by a state or
8807 territory of the United States.
8808 (c) The department board shall adopt rules specifying
8809 standards and providing for the review and approval of the work
8810 experience required by this subsection section.
8811 (b) However, an applicant who completed the requirements
8812 of subsection (4) on or before December 31, 2008, and who passes
8813 the licensure examination on or before June 30, 2010, is exempt
8814 from the requirements of this subsection.
8815 (6)(a) An applicant for licensure must shall show that she
8816 or he the applicant has good moral character. For purposes of
8817 this paragraph, the term
8818 (7)(a) "good moral character" means a personal history of
8819 honesty, fairness, and respect for the rights of others and for
8820 the laws of this state and nation.
8821 (b) The department board may refuse to certify an
8822 applicant for failure to satisfy this requirement if:
8823 1. The department board finds a reasonable relationship
8824 between the lack of good moral character of the applicant and
8825 the professional responsibilities of a certified public
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8826 accountant; and
8827 2. The finding by the department board of lack of good
8828 moral character is supported by competent substantial evidence.
8829 (c) When an applicant is found to be unqualified for a
8830 license because of a lack of good moral character, the
8831 department board shall furnish to the applicant a statement
8832 containing the findings of the department board, a complete
8833 record of the evidence upon which the determination was based,
8834 and a notice of the rights of the applicant to a rehearing and
8835 appeal.
8836 (7)(8) The department board shall certify as qualified for
8837 a license by endorsement an applicant who:
8838 (a) Is not licensed and has not been licensed in any state
8839 or territory and who has met the requirements of this section
8840 for education, work experience, and good moral character and has
8841 passed a national, regional, state, or territorial licensing
8842 examination that is substantially equivalent to the examination
8843 required by s. 473.306; or
8844 (b)1. holds an active a valid license as a certified
8845 public accountant to practice public accounting issued by
8846 another state or a territory of the United States, if the
8847 applicant has maintained good moral character and, at the time
8848 of licensure by such other state or territory, the applicant was
8849 required to show evidence of having obtained at least a
8850 baccalaureate degree from an accredited college or university
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8851 and having passed the Uniform CPA Examination criteria for
8852 issuance of such license were substantially equivalent to the
8853 licensure criteria that existed in this state at the time the
8854 license was issued;
8855 2. Holds a valid license to practice public accounting
8856 issued by another state or territory of the United States but
8857 the criteria for issuance of such license did not meet the
8858 requirements of subparagraph 1.; has met the requirements of
8859 this section for education, work experience, and good moral
8860 character; and has passed a national, regional, state, or
8861 territorial licensing examination that is substantially
8862 equivalent to the examination required by s. 473.306; or
8863 3. Holds a valid license to practice public accounting
8864 issued by another state or territory of the United States for at
8865 least 10 years before the date of application; has passed a
8866 national, regional, state, or territorial licensing examination
8867 that is substantially equivalent to the examination required by
8868 s. 473.306; and has met the requirements of this section for
8869 good moral character.
8870 (9) If the applicant has at least 5 years of experience in
8871 the practice of public accountancy in the United States or in
8872 the practice of public accountancy or its equivalent in a
8873 foreign country that the International Qualifications Appraisal
8874 Board of the National Association of State Boards of Accountancy
8875 has determined has licensure standards that are substantially
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8876 equivalent to those in the United States, or has at least 5
8877 years of work experience that meets the requirements of
8878 subsection (5), the board must waive the requirements of
8879 subsection (4) which are in excess of a baccalaureate degree.
8880 All experience that is used as a basis for waiving the
8881 requirements of subsection (4) must be while licensed as a
8882 certified public accountant by another state or territory of the
8883 United States or while licensed in the practice of public
8884 accountancy or its equivalent in a foreign country that the
8885 International Qualifications Appraisal Board of the National
8886 Association of State Boards of Accountancy has determined has
8887 licensure standards that are substantially equivalent to those
8888 in the United States. The board shall have the authority to
8889 establish the standards for experience that meet this
8890 requirement.
8891 (8)(10) The department board may refuse to certify for
8892 licensure any applicant who is under investigation in another
8893 state for any act that would constitute a violation of this act
8894 or chapter 455, until such time as the investigation is complete
8895 and disciplinary proceedings are have been terminated.
8896 Section 268. Section 473.3085, Florida Statutes, is
8897 created to read:
8898 473.3085 Licensure of international applicants.—
8899 (1) An international applicant who seeks licensure as a
8900 certified public accountant in this state must meet the
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8901 requirements for education, work experience, and good moral
8902 character under s. 473.308.
8903 (2) An applicant must apply to the department for
8904 licensure.
8905 (3) An international applicant must create and maintain an
8906 online account with the department and provide an e-mail address
8907 to function as the primary means of contact for all
8908 communication from the department. An applicant must submit any
8909 change in e-mail address within 30 days after the change. All
8910 changes must be submitted through the department's online
8911 system.
8912 (4) The department shall certify for licensure any
8913 applicant who satisfies the requirements of subsections (1) and
8914 (2), except the department may refuse to certify an applicant
8915 who has violated s. 473.322.
8916 (5) The department shall adopt rules to implement this
8917 section.
8918 Section 269. Effective January 1, 2026, subsections (1),
8919 (3), and (4) of section 473.3141, Florida Statutes, are amended
8920 to read:
8921 473.3141 Certified public accountants licensed in other
8922 states.—
8923 (1) Except as otherwise provided in this chapter, An
8924 individual who holds an active license in good standing as a
8925 certified public accountant in another state or a territory of
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8926 the United States and who does not have an office in this state
8927 has the privileges of Florida certified public accountants and
8928 may provide public accounting services in this state without
8929 obtaining a license under this chapter or notifying or
8930 registering with the department board or paying a fee if, at the
8931 time of licensure by such other state or territory, the
8932 individual was required to show evidence of having obtained at
8933 least a baccalaureate degree and having passed the Uniform CPA
8934 Examination:
8935 (a) Holds a valid license as a certified public accountant
8936 from a state that the board or its designee has determined by
8937 rule to have adopted standards that are substantially equivalent
8938 to the certificate requirements in s. 5 of the Uniform
8939 Accountancy Act in the issuance of licenses; or
8940 (b) Holds a valid license as a certified public accountant
8941 from a state that has not been approved by the board as having
8942 adopted standards in substantial equivalence with s. 5 of the
8943 Uniform Accountancy Act, but obtains verification from the
8944 board, or its designee, as determined by rule, that the
8945 individual's certified public accountant qualifications are
8946 substantially equivalent to the certificate requirements in s. 5
8947 of the Uniform Accountancy Act.
8948
8949 The department board shall define by rule what constitutes an
8950 office.
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8951 (3) An individual certified public accountant from another
8952 state or a territory of the United States who practices pursuant
8953 to this section, and the firm that employs that individual,
8954 shall both consent, as a condition of the privilege of
8955 practicing in this state:
8956 (a) To the personal and subject matter jurisdiction and
8957 disciplinary authority of the department board;
8958 (b) To comply with this chapter and the applicable
8959 department board rules;
8960 (c) That if the individual's license as a certified public
8961 accountant from another the state or a territory of the United
8962 States becomes invalid of the individual's principal place of
8963 business is no longer valid, the individual must will cease
8964 offering or rendering public accounting services in this state,
8965 individually and on behalf of a firm; and
8966 (d) To the appointment of the department state board that
8967 issued the individual's license as the agent upon whom process
8968 may be served in any action or proceeding by the board or
8969 department against the individual or firm.
8970 (4) An individual who qualifies to practice under this
8971 section may perform the services identified in s. 473.302(7)(a)
8972 s. 473.302(8)(a) only through a firm that has obtained a license
8973 issued under s. 473.3101 or is authorized by s. 473.3101 to
8974 provide such services.
8975 Section 270. Subsections (2), (8), and (9) of section
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8976 476.184, Florida Statutes, are amended, and subsection (11) is
8977 added to that section, to read:
8978 476.184 Barbershop licensure; requirements; fee;
8979 inspection; license display.—
8980 (2) The department board shall adopt rules governing the
8981 licensure and operation of a barbershop and its facilities,
8982 personnel, safety and sanitary requirements, and the license
8983 application and granting process.
8984 (8) Renewal of license registration for barbershops shall
8985 be accomplished pursuant to rules adopted by the department
8986 board. The department board is further authorized to adopt rules
8987 governing delinquent renewal of licenses and may impose penalty
8988 fees for delinquent renewal.
8989 (9) The department board is authorized to adopt rules
8990 governing the operation and periodic inspection of barbershops
8991 licensed under this chapter.
8992 (11)(a) The department shall adopt rules governing the
8993 licensure, operation, and inspection of mobile barbershops,
8994 including their facilities, personnel, and safety and sanitary
8995 requirements.
8996 (b) Each mobile barbershop must comply with all licensure
8997 and operating requirements specified in this chapter, chapter
8998 455, or rules of the department that apply to barbershops at
8999 fixed locations, except to the extent that such requirements
9000 conflict with this subsection or rules adopted pursuant to this
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9001 subsection.
9002 (c) A mobile barbershop must maintain a permanent business
9003 address, located in the inspection area of the local department
9004 office, at which records of appointments, itineraries, license
9005 numbers of employees, and vehicle identification numbers of the
9006 licenseholder's mobile barbershop shall be kept and made
9007 available for verification purposes by department personnel, and
9008 at which correspondence from the department can be received.
9009 (d) To facilitate periodic inspections of a mobile
9010 barbershop, before the beginning of each month each mobile
9011 barbershop licenseholder must file with the department a written
9012 monthly itinerary listing the locations where and the dates and
9013 hours when the mobile barbershop will be operating.
9014 (e) The licenseholder must comply with all local laws and
9015 ordinances regulating business establishments, with all
9016 applicable requirements of the Americans with Disabilities Act
9017 relating to accommodations for persons with disabilities, and
9018 with all applicable requirements of the Occupational Safety and
9019 Health Administration.
9020 Section 271. Section 476.188, Florida Statutes, is amended
9021 to read:
9022 476.188 Barber services to be performed in a licensed
9023 registered barbershop; exception.—
9024 (1) Barber services shall be performed only by licensed
9025 barbers in licensed registered barbershops, except as otherwise
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9026 provided in this section.
9027 (2) Pursuant to rules established by the department board,
9028 barber services may be performed by a licensed barber in a
9029 location other than a licensed registered barbershop, including,
9030 but not limited to, a nursing home, hospital, or residence, when
9031 a client for reasons of ill health is unable to go to a licensed
9032 registered barbershop. Arrangements for the performance of
9033 barber services in a location other than a licensed registered
9034 barbershop may shall be made only through a licensed registered
9035 barbershop. However, a barber may shampoo, cut, or arrange hair
9036 in a location other than a licensed registered barbershop
9037 without such arrangements.
9038 (3) Any person who holds a valid barber's license in any
9039 state or who is authorized to practice barbering in any country,
9040 territory, or jurisdiction of the United States may perform
9041 barber services in a location other than a licensed registered
9042 barbershop when such services are performed in connection with
9043 the motion picture, fashion photography, theatrical, or
9044 television industry; a manufacturer trade show demonstration; or
9045 an educational seminar.
9046 (4) Pursuant to rules adopted by the department, the
9047 practice of barbering may be performed in a location other than
9048 a licensed barbershop when performed in connection with a
9049 special event and by a person who holds the proper license.
9050 Section 272. Subsections (1) through (7) of section
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9051 481.213, Florida Statutes, is amended to read:
9052 481.213 Licensure and registration.—
9053 (1) The department shall license or register any applicant
9054 who the board certifies is certified and qualified for licensure
9055 or registration and who has paid the initial licensure or
9056 registration fee. Licensure as an architect under this section
9057 shall be deemed to include all the rights and privileges of
9058 registration as an interior designer under this section.
9059 (2) The department board shall certify for licensure or
9060 registration by examination any applicant who passes the
9061 prescribed licensure or registration examination and satisfies
9062 the requirements of ss. 481.209 and 481.211, for architects, or
9063 the requirements of s. 481.209, for interior designers.
9064 (3) The department board shall certify as qualified for a
9065 license by endorsement as an architect or registration as a
9066 registered interior designer an applicant who:
9067 (a) Qualifies to take the prescribed licensure or
9068 registration examination, and has passed the prescribed
9069 licensure or registration examination or a substantially
9070 equivalent examination in another jurisdiction, as set forth in
9071 s. 481.209 for architects or registered interior designers, as
9072 applicable, and has satisfied the internship requirements set
9073 forth in s. 481.211 for architects;
9074 (b) Holds a valid license to practice architecture or a
9075 license, registration, or certification to practice interior
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9076 design issued by another jurisdiction of the United States, if
9077 the criteria for issuance of such license were substantially
9078 equivalent to the licensure criteria that existed in this state
9079 at the time the license was issued; or
9080 (c) Has passed the prescribed licensure examination and
9081 Holds a valid certificate issued by the National Council of
9082 Architectural Registration Boards, and holds a valid license to
9083 practice architecture issued by another state, another or
9084 jurisdiction of the United States, or a foreign jurisdiction
9085 approved by the department.
9086
9087 An architect who is licensed in another state, another
9088 jurisdiction of the United States, or a foreign jurisdiction
9089 approved by the department who seeks qualification for licensure
9090 license by endorsement under this subsection must complete a 2-
9091 hour class approved by the department board on wind mitigation
9092 techniques.
9093 (4) The department board may refuse to certify any
9094 applicant who has violated any of the provisions of s. 481.223,
9095 s. 481.225, s. 481.223, s. 481.225, or s. 481.2251, as
9096 applicable.
9097 (5) The department board may refuse to certify any
9098 applicant who is under investigation in any jurisdiction for any
9099 act which would constitute a violation of this part or of
9100 chapter 455 until such time as the investigation is complete and
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9101 disciplinary proceedings have been terminated.
9102 (6) The department board shall adopt rules to implement
9103 the provisions of this part relating to the examination,
9104 internship, and licensure of applicants.
9105 (7) For persons whose licensure requires satisfaction of
9106 the requirements of ss. 481.209 and 481.211, the department
9107 board shall, by rule, establish qualifications for certification
9108 of such persons as special inspectors of threshold buildings, as
9109 defined in ss. 553.71 and 553.79, and shall compile a list of
9110 persons who are certified. A special inspector is not required
9111 to meet standards for certification other than those established
9112 by the department board, and the fee owner of a threshold
9113 building may not be prohibited from selecting any person
9114 certified by the department board to be a special inspector. The
9115 department board shall develop minimum qualifications for the
9116 qualified representative of the special inspector who is
9117 authorized under s. 553.79 to perform inspections of threshold
9118 buildings on behalf of the special inspector.
9119 Section 273. Subsection (2), paragraph (b) of subsection
9120 (3), and subsections (5), (7), and (8) of section 481.219,
9121 Florida Statutes, are amended to read:
9122 481.219 Qualification of business organizations.—
9123 (2) If a licensee or an applicant proposes to engage in
9124 the practice of architecture as a business organization, the
9125 licensee or applicant shall qualify the business organization
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9126 upon approval of the department board.
9127 (3)
9128 (b) In the event a qualifying agent ceases employment with
9129 a qualified business organization, the department executive
9130 director or the chair of the board may authorize another
9131 registered architect employed by the business organization to
9132 temporarily serve as its qualifying agent for a period of no
9133 more than 60 days. The business organization is not authorized
9134 to operate beyond such period under this chapter absent
9135 replacement of the qualifying agent who has ceased employment.
9136 (5) The department board shall allow a licensee or an
9137 applicant to qualify one or more business organizations to offer
9138 architectural services, or to use a fictitious name to offer
9139 such services, if one or more of the principal officers of the
9140 corporation or limited liability company, or one or more
9141 partners of the partnership, and all personnel of the
9142 corporation, limited liability company, or partnership who act
9143 in its behalf in this state as architects, are registered as
9144 provided by this part.
9145 (7) A business organization is not relieved of
9146 responsibility for the conduct or acts of its agents, employees,
9147 or officers by reason of its compliance with this section.
9148 However, except as provided in s. 558.0035, the architect who
9149 signs and seals the construction documents and instruments of
9150 service is liable for the professional services performed, and
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9151 the interior designer who signs and seals the interior design
9152 drawings, plans, or specifications shall be liable for the
9153 professional services performed.
9154 (8) This section may not be construed to mean that a
9155 certificate of registration to practice architecture must be
9156 held by a business organization. This section does not prohibit
9157 a business organization from offering architectural,
9158 engineering, interior design, surveying and mapping, and
9159 landscape architectural services, or any combination of such
9160 services, to the public if the business organization otherwise
9161 meets the requirements of law.
9162 Section 274. Subsections (1), (2), (6), (11), and (12) of
9163 section 481.221, Florida Statutes are amended to read:
9164 481.221 Seals; display of certificate number.—
9165 (1) The department board shall prescribe, by rule, one or
9166 more forms of seals to be used by registered architects holding
9167 valid certificates of registration.
9168 (2) Each registered architect shall obtain one seal in a
9169 form approved by rule of the department board and may, in
9170 addition, register her or his seal electronically in accordance
9171 with ss. 668.001-668.006. All final construction documents and
9172 instruments of service which include drawings, plans,
9173 specifications, or reports prepared or issued by the registered
9174 architect and being filed for public record shall bear the
9175 signature and seal of the registered architect who prepared or
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9176 approved the document and the date on which they were sealed.
9177 The signature, date, and seal shall be evidence of the
9178 authenticity of that to which they are affixed. Final plans,
9179 specifications, or reports prepared or issued by a registered
9180 architect may be transmitted electronically and may be signed by
9181 the registered architect, dated, and sealed electronically with
9182 the seal in accordance with ss. 668.001-668.006.
9183 (6) No registered architect shall affix her or his
9184 signature or seal to any final construction document or
9185 instrument of service which includes drawings, plans,
9186 specifications, or architectural documents which were not
9187 prepared by her or him or under her or his responsible
9188 supervising control or by another registered architect and
9189 reviewed, approved, or modified and adopted by her or him as her
9190 or his own work according to rules adopted by the department
9191 board.
9192 (11) When the certificate of registration of a registered
9193 architect or interior designer has been revoked or suspended by
9194 the department board, the registered architect or interior
9195 designer shall surrender her or his seal to the secretary of the
9196 department board within a period of 30 days after the revocation
9197 or suspension has become effective. If the certificate of the
9198 registered architect or interior designer has been suspended for
9199 a period of time, her or his seal shall be returned to her or
9200 him upon expiration of the suspension period.
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9201 (12) A person may not sign and seal by any means any final
9202 plan, specification, or report after her or his certificate of
9203 registration has expired or is suspended or revoked. A
9204 registered architect or interior designer whose certificate of
9205 registration is suspended or revoked shall, within 30 days after
9206 the effective date of the suspension or revocation, surrender
9207 her or his seal to the department executive director of the
9208 board and confirm in writing to the department executive
9209 director the cancellation of the registered architect's or
9210 interior designer's electronic signature in accordance with ss.
9211 668.001-668.006. When a registered architect's or interior
9212 designer's certificate of registration is suspended for a period
9213 of time, her or his seal shall be returned upon expiration of
9214 the period of suspension.
9215 Section 275. Paragraphs (a), (d), and (e) of subsection
9216 (1) of section 481.223, Florida Statutes, are amended to read:
9217 481.223 Prohibitions; penalties; injunctive relief.—
9218 (1) A person may not knowingly:
9219 (a) Practice architecture unless the person is an
9220 architect or a registered architect; however, a licensed
9221 architect who has been licensed by the department board and who
9222 chooses to relinquish or not to renew his or her license may use
9223 the title "Architect, Retired" but may not otherwise render any
9224 architectural services.
9225 (d) Give false or forged evidence to the department board
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9226 or a member thereof.
9227 (e) Use or attempt to use an architect license or interior
9228 design certificate of registration that has been suspended,
9229 revoked, or placed on inactive or delinquent status.
9230 Section 276. Paragraph (c) of subsection (2) and
9231 subsection (3) of section 489.111, Florida Statutes, are amended
9232 to read:
9233 489.111 Licensure by examination.—
9234 (2) A person shall be eligible for licensure by
9235 examination if the person:
9236 (c) Meets eligibility requirements according to one of the
9237 following criteria:
9238 1. Has received a baccalaureate degree from an accredited
9239 4-year college in the appropriate field of engineering,
9240 architecture, or building construction and has 1 year of proven
9241 experience in the category in which the person seeks to qualify.
9242 For the purpose of this part, a minimum of 2,000 person-hours
9243 shall be used in determining full-time equivalency. An applicant
9244 who is exempt from passing an examination under s. 489.113(1) is
9245 eligible for a license under this section.
9246 2. Has a total of at least 4 years of active experience as
9247 a worker who has learned the trade by serving an apprenticeship
9248 as a skilled worker who is able to command the rate of a
9249 mechanic in the particular trade or as a foreman who is in
9250 charge of a group of workers and usually is responsible to a
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9251 superintendent or a contractor or his or her equivalent;
9252 provided, however, that at least 1 year of active experience
9253 shall be as a foreman.
9254 3. Has a combination of not less than 1 year of experience
9255 as a foreman and not less than 3 years of credits for any
9256 accredited college-level courses; has a combination of not less
9257 than 1 year of experience as a skilled worker, 1 year of
9258 experience as a foreman, and not less than 2 years of credits
9259 for any accredited college-level courses; or has a combination
9260 of not less than 2 years of experience as a skilled worker, 1
9261 year of experience as a foreman, and not less than 1 year of
9262 credits for any accredited college-level courses. All junior
9263 college or community college-level courses shall be considered
9264 accredited college-level courses.
9265 4.a. An active certified residential contractor is
9266 eligible to receive a certified building contractor license
9267 after passing or having previously passed the building
9268 contractors' examination if he or she possesses a minimum of 3
9269 years of proven experience in the classification in which he or
9270 she is certified.
9271 b. An active certified residential contractor is eligible
9272 to receive a certified general contractor license after passing
9273 or having previously passed the general contractors' examination
9274 if he or she possesses a minimum of 4 years of proven experience
9275 in the classification in which he or she is certified.
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9276 c. An active certified building contractor is eligible to
9277 receive a certified general contractor license after passing or
9278 having previously passed the general contractors' examination if
9279 he or she possesses a minimum of 4 years of proven experience in
9280 the classification in which he or she is certified.
9281 5.a. An active certified air-conditioning Class C
9282 contractor is eligible to receive a certified air-conditioning
9283 Class B contractor license after passing or having previously
9284 passed the air-conditioning Class B contractors' examination if
9285 he or she possesses a minimum of 3 years of proven experience in
9286 the classification in which he or she is certified.
9287 b. An active certified air-conditioning Class C contractor
9288 is eligible to receive a certified air-conditioning Class A
9289 contractor license after passing or having previously passed the
9290 air-conditioning Class A contractors' examination if he or she
9291 possesses a minimum of 4 years of proven experience in the
9292 classification in which he or she is certified.
9293 c. An active certified air-conditioning Class B contractor
9294 is eligible to receive a certified air-conditioning Class A
9295 contractor license after passing or having previously passed the
9296 air-conditioning Class A contractors' examination if he or she
9297 possesses a minimum of 1 year of proven experience in the
9298 classification in which he or she is certified.
9299 6.a. An active certified swimming pool servicing
9300 contractor is eligible to receive a certified residential
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9301 swimming pool contractor license after passing or having
9302 previously passed the residential swimming pool contractors'
9303 examination if he or she possesses a minimum of 3 years of
9304 proven experience in the classification in which he or she is
9305 certified.
9306 b. An active certified swimming pool servicing contractor
9307 is eligible to receive a certified commercial swimming pool
9308 contractor license after passing or having previously passed the
9309 swimming pool commercial contractors' examination if he or she
9310 possesses a minimum of 4 years of proven experience in the
9311 classification in which he or she is certified.
9312 c. An active certified residential swimming pool
9313 contractor is eligible to receive a certified commercial
9314 swimming pool contractor license after passing or having
9315 previously passed the commercial swimming pool contractors'
9316 examination if he or she possesses a minimum of 1 year of proven
9317 experience in the classification in which he or she is
9318 certified.
9319 d. An applicant is eligible to receive a certified
9320 swimming pool/spa servicing contractor license after passing or
9321 having previously passed the swimming pool/spa servicing
9322 contractors' examination if he or she has satisfactorily
9323 completed 60 hours of instruction in courses related to the
9324 scope of work covered by that license and approved by the
9325 department Construction Industry Licensing Board by rule and has
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9326 at least 1 year of proven experience related to the scope of
9327 work of such a contractor.
9328 (3)(a) The department board may refuse to certify an
9329 applicant for failure to satisfy the requirement of good moral
9330 character only if:
9331 1. There is a substantial connection between the lack of
9332 good moral character of the applicant and the professional
9333 responsibilities of a certified contractor; and
9334 2. The finding by the department board of lack of good
9335 moral character is supported by clear and convincing evidence.
9336 (b) When an applicant is found to be unqualified for a
9337 certificate because of a lack of good moral character, the
9338 department board shall furnish the applicant a statement
9339 containing the findings of the department board, a complete
9340 record of the evidence upon which the determination was based,
9341 and a notice of the rights of the applicant to a rehearing and
9342 appeal.
9343 Section 277. Paragraph (l) of subsection (8), paragraphs
9344 (a) and (d) of subsection (9), and subsection (15) of section
9345 499.012, Florida Statutes, are amended, and paragraph (a) of
9346 subsection (5) and paragraph (a) of subsection (12) of that
9347 section are republished, to read:
9348 499.012 Permit application requirements.—
9349 (5)(a) The department shall adopt rules for the biennial
9350 renewal of permits; however, the department may issue up to a 4-
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9351 year permit to selected permittees notwithstanding any other
9352 provision of law. Fees for such renewal may not exceed the fee
9353 caps set forth in s. 499.041 on an annualized basis as
9354 authorized by law.
9355 (8) An application for a permit or to renew a permit for a
9356 prescription drug wholesale distributor or an out-of-state
9357 prescription drug wholesale distributor submitted to the
9358 department must include:
9359 (l) The name of each of the applicant's designated
9360 representatives as required by subsection (15), together with
9361 The personal information statement and fingerprints required
9362 pursuant to subsection (9) for each such person.
9363 (9)(a) Each person required by subsection (8) or
9364 subsection (15) to provide a personal information statement and
9365 fingerprints shall provide the following information to the
9366 department on forms prescribed by the department:
9367 1. The person's places of residence for the past 7 years.
9368 2. The person's date and place of birth.
9369 3. The person's occupations, positions of employment, and
9370 offices held during the past 7 years.
9371 4. The principal business and address of any business,
9372 corporation, or other organization in which each such office of
9373 the person was held or in which each such occupation or position
9374 of employment was carried on.
9375 5. Whether the person has been, during the past 7 years,
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9376 the subject of any proceeding for the revocation of any license
9377 and, if so, the nature of the proceeding and the disposition of
9378 the proceeding.
9379 6. Whether, during the past 7 years, the person has been
9380 enjoined, temporarily or permanently, by a court of competent
9381 jurisdiction from violating any federal or state law regulating
9382 the possession, control, or distribution of prescription drugs,
9383 together with details concerning any such event.
9384 7. A description of any involvement by the person with any
9385 business, including any investments, other than the ownership of
9386 stock in a publicly traded company or mutual fund, during the
9387 past 4 years, which manufactured, administered, prescribed,
9388 distributed, or stored pharmaceutical products and any lawsuits
9389 in which such businesses were named as a party.
9390 8. A description of any felony criminal offense of which
9391 the person, as an adult, was found guilty, regardless of whether
9392 adjudication of guilt was withheld or whether the person pled
9393 guilty or nolo contendere. A criminal offense committed in
9394 another jurisdiction which would have been a felony in this
9395 state must be reported. If the person indicates that a criminal
9396 conviction is under appeal and submits a copy of the notice of
9397 appeal of that criminal offense, the applicant must, within 15
9398 days after the disposition of the appeal, submit to the
9399 department a copy of the final written order of disposition.
9400 9. A photograph of the person taken in the previous 180
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9401 days.
9402 10. A set of fingerprints for the person on a form and
9403 under procedures specified by the department, together with
9404 payment of an amount equal to the costs incurred by the
9405 department for the criminal record check of the person.
9406 11. The name, address, occupation, and date and place of
9407 birth for each member of the person's immediate family who is 18
9408 years of age or older. As used in this subparagraph, the term
9409 "member of the person's immediate family" includes the person's
9410 spouse, children, parents, siblings, the spouses of the person's
9411 children, and the spouses of the person's siblings.
9412 12. Any other relevant information that the department
9413 requires.
9414 (d) For purposes of applying for renewal of a permit under
9415 subsection (8) or certification under subsection (15), a person
9416 may submit the following in lieu of satisfying the requirements
9417 of paragraphs (a), (b), and (c):
9418 1. A photograph of the individual taken within 180 days;
9419 and
9420 2. A copy of the personal information statement form most
9421 recently submitted to the department and a certification under
9422 oath, on a form specified by the department, that the individual
9423 has reviewed the previously submitted personal information
9424 statement form and that the information contained therein
9425 remains unchanged.
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9426 (12) A person that engages in wholesale distribution of
9427 prescription drugs in this state must have a wholesale
9428 distributor's permit issued by the department, except as noted
9429 in this section. Each establishment must be separately permitted
9430 except as noted in this subsection.
9431 (a) A separate establishment permit is not required when a
9432 permitted prescription drug wholesale distributor consigns a
9433 prescription drug to a pharmacy that is permitted under chapter
9434 465 and located in this state, provided that:
9435 1. The consignor wholesale distributor notifies the
9436 department in writing of the contract to consign prescription
9437 drugs to a pharmacy along with the identity and location of each
9438 consignee pharmacy;
9439 2. The pharmacy maintains its permit under chapter 465;
9440 3. The consignor wholesale distributor, which has no legal
9441 authority to dispense prescription drugs, complies with all
9442 wholesale distribution requirements of s. 499.0121 with respect
9443 to the consigned drugs and maintains records documenting the
9444 transfer of title or other completion of the wholesale
9445 distribution of the consigned prescription drugs;
9446 4. The distribution of the prescription drug is otherwise
9447 lawful under this chapter and other applicable law;
9448 5. Open packages containing prescription drugs within a
9449 pharmacy are the responsibility of the pharmacy, regardless of
9450 how the drugs are titled; and
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9451 6. The pharmacy dispenses the consigned prescription drug
9452 in accordance with the limitations of its permit under chapter
9453 465 or returns the consigned prescription drug to the consignor
9454 wholesale distributor. In addition, a person who holds title to
9455 prescription drugs may transfer the drugs to a person permitted
9456 or licensed to handle the reverse distribution or destruction of
9457 drugs. Any other distribution by and means of the consigned
9458 prescription drug by any person, not limited to the consignor
9459 wholesale distributor or consignee pharmacy, to any other person
9460 is prohibited.
9461 (15)(a) Each establishment that is issued an initial or
9462 renewal permit as a prescription drug wholesale distributor or
9463 an out-of-state prescription drug wholesale distributor must
9464 designate in writing to the department at least one natural
9465 person to serve as the designated representative of the
9466 wholesale distributor. Such person must have an active
9467 certification as a designated representative from the
9468 department.
9469 (b) To be certified as a designated representative, a
9470 natural person must:
9471 1. Submit an application on a form furnished by the
9472 department and pay the appropriate fees.
9473 2. Be at least 18 years of age.
9474 3. Have at least 2 years of verifiable full-time:
9475 a. Work experience in a pharmacy licensed in this state or
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9476 another state, where the person's responsibilities included, but
9477 were not limited to, recordkeeping for prescription drugs;
9478 b. Managerial experience with a prescription drug
9479 wholesale distributor licensed in this state or in another
9480 state;
9481 c. Managerial experience with the United States Armed
9482 Forces, where the person's responsibilities included, but were
9483 not limited to, recordkeeping, warehousing, distributing, or
9484 other logistics services pertaining to prescription drugs;
9485 d. Managerial experience with a state or federal
9486 organization responsible for regulating or permitting
9487 establishments involved in the distribution of prescription
9488 drugs, whether in an administrative or a sworn law enforcement
9489 capacity; or
9490 e. Work experience as a drug inspector or investigator
9491 with a state or federal organization, whether in an
9492 administrative or a sworn law enforcement capacity, where the
9493 person's responsibilities related primarily to compliance with
9494 state or federal requirements pertaining to the distribution of
9495 prescription drugs.
9496 4. Receive a passing score of at least 75 percent on an
9497 examination given by the department regarding federal laws
9498 governing distribution of prescription drugs and this part and
9499 the rules adopted by the department governing the wholesale
9500 distribution of prescription drugs. This requirement shall be
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9501 effective 1 year after the results of the initial examination
9502 are mailed to the persons that took the examination. The
9503 department shall offer such examinations at least four times
9504 each calendar year.
9505 5. Provide the department with a personal information
9506 statement and fingerprints pursuant to subsection (9).
9507 (c) The department may deny an application for
9508 certification as a designated representative or may suspend or
9509 revoke a certification of a designated representative pursuant
9510 to s. 499.067.
9511 (d) A designated representative:
9512 1. Must be actively involved in and aware of the actual
9513 daily operation of the wholesale distributor.
9514 2. Must be employed full time in a managerial position by
9515 the wholesale distributor.
9516 3. Must be physically present at the establishment during
9517 normal business hours, except for time periods when absent due
9518 to illness, family illness or death, scheduled vacation, or
9519 other authorized absence.
9520 4. May serve as a designated representative for only one
9521 wholesale distributor at any one time.
9522 (e) A wholesale distributor must notify the department
9523 when a designated representative leaves the employ of the
9524 wholesale distributor. Such notice must be provided to the
9525 department within 10 business days after the last day of
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9526 designated representative's employment with the wholesale
9527 distributor.
9528 (f) A wholesale distributor may not operate under a
9529 prescription drug wholesale distributor permit or an out-of-
9530 state prescription drug wholesale distributor permit for more
9531 than 10 business days after the designated representative leaves
9532 the employ of the wholesale distributor, unless the wholesale
9533 distributor employs another designated representative and
9534 notifies the department within 10 business days of the identity
9535 of the new designated representative.
9536 Section 278. Subsection (9) of section 499.0121, Florida
9537 Statutes, is amended to read:
9538 499.0121 Storage and handling of prescription drugs;
9539 recordkeeping.—The department shall adopt rules to implement
9540 this section as necessary to protect the public health, safety,
9541 and welfare. Such rules shall include, but not be limited to,
9542 requirements for the storage and handling of prescription drugs
9543 and for the establishment and maintenance of prescription drug
9544 distribution records.
9545 (9) RESPONSIBLE PERSONS.—Wholesale distributors must
9546 establish and maintain lists of officers, directors, managers,
9547 designated representatives, and other persons in charge of
9548 wholesale drug distribution, storage, and handling, including a
9549 description of their duties and a summary of their
9550 qualifications.
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9551 Section 279. Subsection (9) of section 499.041, Florida
9552 Statutes, is amended to read:
9553 499.041 Schedule of fees for drug, device, and cosmetic
9554 applications and permits, product registrations, and free-sale
9555 certificates.—
9556 (9) The department shall assess each person applying for
9557 certification as a designated representative a fee of $150, plus
9558 the cost of processing the criminal history record check.
9559 Section 280. Subsection (1) of section 509.261, Florida
9560 Statutes, is amended to read:
9561 509.261 Revocation or suspension of licenses; fines;
9562 procedure.—
9563 (1) Any public lodging establishment or public food
9564 service establishment that has operated or is operating in
9565 violation of this chapter or the rules of the division,
9566 operating in violation of s. 581.217(7), relating to the retail
9567 sale of products containing hemp extract intended for human
9568 ingestion or inhalation, operating without a license, or
9569 operating with a suspended or revoked license may be subject by
9570 the division to:
9571 (a) Fines not to exceed $1,000 per offense;
9572 (b) Mandatory completion, at personal expense, of a
9573 remedial educational program administered by a food safety
9574 training program provider approved by the division, as provided
9575 in s. 509.049; and
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9576 (c) The suspension, revocation, or refusal of a license
9577 issued pursuant to this chapter.
9578 Section 281. Subsections (4) and (10) of section 553.79,
9579 Florida Statutes, are amended, and subsections (26), (27), and
9580 (28) are added to that section, to read:
9581 553.79 Permits; applications; issuance; inspections.—
9582 (4) The Florida Building Code, after the effective date of
9583 adoption pursuant to the provisions of this part, may be
9584 modified by local governments to require more stringent
9585 standards than those specified in the Florida Building Code,
9586 provided the conditions of s. 553.73(4) are met.
9587 (10) No enforcing agency may issue a building permit for
9588 construction of any threshold building except to a licensed
9589 general contractor, as defined in s. 489.105(2)(a) s.
9590 489.105(3)(a), or to a licensed building contractor, as defined
9591 in s. 489.105(2)(b) s. 489.105(3)(b), within the scope of her or
9592 his license. The named contractor to whom the building permit is
9593 issued shall have the responsibility for supervision, direction,
9594 management, and control of the construction activities on the
9595 project for which the building permit was issued.
9596 (26) A local enforcement agency may not deny the issuance
9597 of a certificate of occupancy to an owner of residential or
9598 commercial property based on noncompliance with a Florida-
9599 friendly landscaping ordinance if the owner was issued a permit
9600 for such property within 1 year of the declaration of a state of
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1461 2025
9601 emergency for the county in which the property is located.
9602 (27) A local enforcement agency may not deny the issuance
9603 of a building permit for the alteration, modification, or repair
9604 of a single-family residential structure if such alteration,
9605 modification, or repair:
9606 (a) Is completed within 1 year after the declaration of a
9607 state of emergency for the county in which the property is
9608 located.
9609 (b) Does not affect more than 50 percent of the structure.
9610 (c) Does not alter the footprint of the structure.
9611 (28) A local enforcement agency may not require a building
9612 permit for the construction of playground equipment, a fence, or
9613 a landscape irrigation system on single-family residential
9614 property.
9615 Section 282. Section 569.002, Florida Statutes, is
9616 reordered, to read:
9617 569.002 Definitions.—As used in this part, the term:
9618 (1) "Any person under the age of 21" does not include any
9619 person under the age of 21 who:
9620 (a) Is in the military reserve or on active duty in the
9621 Armed Forces of the United States; or
9622 (b) Is acting in his or her scope of lawful employment
9623 with an entity licensed under chapter 210 or this part.
9624 (2)(1) "Dealer" is synonymous with the term "retail
9625 tobacco products dealer."
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PCS for HB 1461
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1461 2025
9626 (3)(2) "Division" means the Division of Alcoholic
9627 Beverages and Tobacco of the Department of Business and
9628 Professional Regulation.
9629 (3) "Nicotine product" has the same meaning as in s.
9630 569.31.
9631 (4) "Nicotine dispensing device" has the same meaning as
9632 in s. 569.31.
9633 (5) "Nicotine product" has the same meaning as in s.
9634 569.31.
9635 (6)(5) "Permit" is synonymous with the term "retail
9636 tobacco products dealer permit."
9637 (7)(6) "Retail tobacco products dealer" means the holder
9638 of a retail tobacco products dealer permit.
9639 (8)(7) "Retail tobacco products dealer permit" means a
9640 permit issued by the division pursuant to s. 569.003.
9641 (9)(8) "Tobacco products" includes loose tobacco leaves,
9642 and products made from tobacco leaves, in whole or in part, and
9643 cigarette wrappers, which can be used for smoking, sniffing, or
9644 chewing.
9645 (9) "Any person under the age of 21" does not include any
9646 person under the age of 21 who:
9647 (a) Is in the military reserve or on active duty in the
9648 Armed Forces of the United States; or
9649 (b) Is acting in his or her scope of lawful employment
9650 with an entity licensed under the provisions of chapter 210 or
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PCS for HB 1461
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1461 2025
9651 this part.
9652 Section 283. Section 569.006, Florida Statutes, is amended
9653 to read:
9654 569.006 Retail tobacco products dealers; administrative
9655 penalties.—The division may suspend or revoke the permit of the
9656 dealer upon sufficient cause appearing of the violation of any
9657 of the provisions of this chapter, or any violation of the laws
9658 of this state or any state or territory of the United States
9659 including part II of this chapter if the dealer deals, at
9660 retail, in nicotine products within this the state or allows a
9661 nicotine products vending machine to be located on its premises
9662 within this the state, by a dealer or by a dealer's agent or
9663 employee. The division may also assess and accept administrative
9664 fines of up to $1,000 against a dealer for each violation. The
9665 division shall deposit all fines collected into the General
9666 Revenue Fund as collected. An order imposing an administrative
9667 fine becomes effective 15 days after the date of the order. The
9668 division may suspend the imposition of a penalty against a
9669 dealer, conditioned upon the dealer's compliance with terms the
9670 division considers appropriate.
9671 Section 284. Section 569.35, Florida Statutes, is amended
9672 to read:
9673 569.35 Retail nicotine product dealers; administrative
9674 penalties.—The division may suspend or revoke the permit of a
9675 dealer, including the retail tobacco products dealer permit of a
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1461 2025
9676 retail tobacco products dealer as defined in s. 569.002 s.
9677 569.002(4), upon sufficient cause appearing of the violation of
9678 any of the provisions of this part or any violation of the laws
9679 of this state or any state or territory of the United States, by
9680 a dealer, or by a dealer's agent or employee. The division may
9681 also assess and accept an administrative fine of up to $1,000
9682 against a dealer for each violation. The division shall deposit
9683 all fines collected into the General Revenue Fund as collected.
9684 An order imposing an administrative fine becomes effective 15
9685 days after the date of the order. The division may suspend the
9686 imposition of a penalty against a dealer, conditioned upon the
9687 dealer's compliance with terms the division considers
9688 appropriate.
9689 Section 285. Paragraphs (e), (f), and (g) of subsection
9690 (3) of section 581.217, Florida Statutes, are redesignated as
9691 paragraphs (f), (g), and (h), respectively, a new paragraph (e)
9692 is added to that subsection, and paragraphs (e) and (f) are
9693 added to subsection (11) of that section, to read:
9694 581.217 State hemp program.—
9695 (3) DEFINITIONS.—As used in this section, the term:
9696 (e) "Division" means the Division of Alcoholic Beverages
9697 and Tobacco of the Department of Business and Professional
9698 Regulation.
9699 (11) ENFORCEMENT.—
9700 (e) The division may assist any agent of the department in
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1461 2025
9701 enforcing subsection (7) and the rules adopted by the department
9702 relating to the retail sale of products containing hemp extract
9703 intended for human ingestion or inhalation.
9704 (f) The division is authorized to enter any public or
9705 private premises during regular business hours in the
9706 performance of its duties relating to the retail sale of
9707 products containing hemp extract intended for human ingestion or
9708 inhalation.
9709 Section 286. Except as otherwise expressly provided in
9710 this act, this act shall take effect July 1, 2025.
9711
Page 389 of 389
PCS for HB 1461
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INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
PCS for HB 1461 by Rep. Yarkosky
Industries and Professional Activities
AMENDMENT SUMMARY
April 9, 2025
Amendment 1 by Rep. Yarkosky (between lines 9354-9355):
• Revises the prescription drug permit application timeframe in current law for a change in
ownership, to be made within 30 days after the date of the sale, transfer, assignment, or
lease.
o Current law requires such application to be made before the date of the
transaction.
Amendment 2 by Rep. Yarkosky (between lines 1303-1305):
• Removes the continuing legal education requirement for professional mangrove
trimmers.
o Currently, DBPR’s Board of Landscape Architecture is required to establish this
requirement.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 1461 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Yarkosky offered the following:
4
5 Amendment (with directory and title amendments)
6 Between lines 9354 and 9355, insert:
7 (6) A permit issued by the department is nontransferable.
8 Each permit is valid only for the person or governmental unit to
9 which it is issued and is not subject to sale, assignment, or
10 other transfer, voluntarily or involuntarily; nor is a permit
11 valid for any establishment other than the establishment for
12 which it was originally issued.
13 (b)1. An application for a new permit is required when a
14 majority of the ownership or controlling interest of a permitted
15 establishment is transferred or assigned or when a lessee agrees
16 to undertake or provide services to the extent that legal
PCS for HB 1461 a1
Published On: 4/8/2025 11:53:04 AM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 1461 (2025)
Amendment No. 1
17 liability for operation of the establishment will rest with the
18 lessee. The application for the new permit must be made within
19 30 days after before the date of the sale, transfer, assignment,
20 or lease.
21 2. A permittee that is authorized to distribute
22 prescription drugs may transfer such drugs to the new owner or
23 lessee under subparagraph 1. only after the new owner or lessee
24 has been approved for a permit to distribute prescription drugs.
25
26 -----------------------------------------------------
27 D I R E C T O R Y A M E N D M E N T
28 Remove lines 9343-9347 and insert:
29 Section 277. Section 499.012, Florida Statutes, is amended
30 to read:
31
32 -----------------------------------------------------
33 T I T L E A M E N D M E N T
34 Remove line 167 and insert:
35 revising permit application requirements for sale,
36 transfer, assignment, or lease; removing permit
37 application requirements for a
PCS for HB 1461 a1
Published On: 4/8/2025 11:53:04 AM
Page 2 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 1461 (2025)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Yarkosky offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 1303-1305 and insert:
7 Department of Business and Professional Regulation Board of
8 Landscape Architecture shall establish appropriate standards and
9 continuing legal education requirements to assure the competence
10 of licensees to conduct
11
12 -----------------------------------------------------
13 T I T L E A M E N D M E N T
14 Remove line 108 and insert:
15 users; amending s. 403.9329, F.S.; removing the
16 requirement for the department to establish continuing
PCS for HB 1461 a2
Published On: 4/8/2025 11:53:39 AM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 1461 (2025)
Amendment No. 2
17 legal education requirements for professional mangrove
18 trimmers; amending s. 455.02, F.S.; specifying that
PCS for HB 1461 a2
Published On: 4/8/2025 11:53:39 AM
Page 2 of 2
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