Industries & Professional Activities Subcommittee: Committee Meeting Notice, December 11, 2025
Summary
A meeting packet of the Industries & Professional Activities Subcommittee of the House of Representatives, with a notice for Thursday, December 11, 2025, from 9:00 AM to 11:30 AM. The notice lists consideration of HB 431 Air-conditioning and Mechanical Contractors, HB 487 Repair of Mobility Devices, HB 607 Industries and Professional Activities, and a panel discussion on the use of AI by businesses and professions. The bill analysis of HB 431 states that the bill expands the scope of work for Class A air-conditioning contractors and Mechanical contractors to include repairing and replacing existing package pool heaters, with an effective date of July 1, 2026. The final pages are a committee/subcommittee amendment to HB 607 (2026).
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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Industries & Professional Activities
Subcommittee
Thursday, December 11, 2025
9:00 AM – 11:30 AM
Webster Hall (212 Knott)
Daniel Perez Mike Giallombardo
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Industries & Professional Activities Subcommittee
Start Date and Time: Thursday, December 11, 2025 09:00 AM
End Date and Time: Thursday, December 11, 2025 11:30 AM
Location: Webster Hall (212 Knott)
Duration: 2.50 hrs
Consideration of the following bill(s):
HB 431 Air-conditioning and Mechanical Contractors by Albert
HB 487 Repair of Mobility Devices by Eskamani
HB 607 Industries and Professional Activities by Yarkosky
Panel discussion on the use of AI by businesses and professions
NOTICE FINALIZED on 12/04/2025 4:00PM by Marks.Amie
12/04/2025 04:00:21PM Leagis ® Page 1 of 1
HB 431
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 431 COMPANION BILL: SB 322 (McClain)
TITLE: Air-conditioning and Mechanical Contractors LINKED BILLS: None
SPONSOR(S): Albert RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill revises the definitions of “class A air-conditioning contractor” and “mechanical contractor” to include
additional services that they may perform. The services include repair or replacement of existing package pool
heaters.
Fiscal or Economic Impact:
The bill may have an indeterminate positive fiscal impact on air-conditioning contractors and mechanical
contractors.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill expands the scope of work for Class A air-conditioning contractors and Mechanical contractors to include
repairing and replacing existing package pool heaters. (Section 1)
The replacement of an existing package pool heater must use the same make and model as the existing pool heater.
The replacement must maintain the flow rate, connection points, and heater specifications without making any
modifications to the existing pool piping or system components.
The repair and replacement of an existing package pool heater does not include:
alterations to the pool's hydraulic system;
the addition of bypass valves;
installation of new plumbing;
rerouting of pipes;
changes to the pool’s circulation system;
or any other modifications beyond what is necessary to disconnect and reconnect the unit to the existing
piping. (Section 1)
The bill provides an effective date of July 1, 2026. (Section 2)
STORAGE NAME: h0431.IPA
DATE: 12/4/2025
1
HB 431
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Class A air-conditioning and Mechanical contractors
Chapter 489, F.S., regulates the profession of contracting in the state. Generally speaking, a licensed contractor
is the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by
others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or
structure, and whose job scope is substantially similar to the job scopes described in s. 489.105, F.S.1
Construction contractors are either certified or registered by the Construction Industry Licensing Board
(CILB) housed within Department of Business and Professional Regulation. The CILB is responsible for licensing
statewide construction contractors and regulating the construction industry in Florida under part I of Ch. 489, F.S.2
Currently, there are four types of Heating, Ventilation, and Air-Conditioning (HVAC) contractors:3
Class A air-conditioning contractor.
Class B air-conditioning contractor.
Class C air-conditioning contractor.
Mechanical contractors
The scope of work for “Class A air-conditioning contractors” specifically includes services that are unlimited in the
execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter,
extend, or design central air-conditioning, heating, and ventilation systems and to perform other related tasks
including replacing, disconnecting, or reconnecting electrical wiring up to an electrical panel and replacing
disconnecting, and replacing breakers or fuses dedicated to HVAC circuits.4
The scope of work for “Mechanical contractors” specifically includes services that are unlimited in the execution of
contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or
design HVAC systems and to perform other tasks, including replacing, disconnecting, or reconnecting electrical
wiring up to an electrical panel and replacing disconnecting, and replacing breakers or fuses dedicated to HVAC
circuits.5
HVAC contractors are not allowed to install or remove pool water heaters, pool equipment, pool piping, or
construct pool/spa equipment rooms. However, they are authorized to service and repair pool heaters as long as
such service or repair does not include installing or removing the pool heater.6
1 S. 489.105(3), F.S.
2 S. 489.107, F.S.
3 S. 489.105(3), F.S.
4 S. 489.105(3)(f), F.S.
5 S. 489.105(3)(i), F.S.
6 Construction Industry Licensing Board, Declaratory Statements 2012-024, 2014-006; 2014-060;
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HB 431
Pool Circulation System
A pool’s circulation or hydraulic system are the elements of a pool that take water from the pool, filter it, heat it,
and return it back into the pool. These elements include:7
Water Outlets – these include any pool opening, such as skimmers, drains, and vacuum ports, where water
is taken out of the pool and into the circulation system.
Circulation Pump – the pump is responsible for pulling water out of the pool, through the circulation
system, and back into the pool.
Filter – cleans the water by removing dirt, debris, and bacteria from the pool water. Water is directed
through the filter via a valve.
Heater – heats the pool water and may include bypass valves8, which allow water to bypass the heater.
Returns – these are openings in the pool where water flows back into the pool from the circulation system.
A pool’s flow rate is the speed at which the water travels through the circulation system, and the turnover time is
the time it takes for the volume of water in the pool to make one pass through the circulation system.9
Pool Heaters
7 Capitol Pools. Understanding the Pool Circulation System, https://www.capitolpool.com/service/operating-
poolcirculation#:~:text=Your%20pool%E2%80%99s%20circulation%20system%20is%20the%20elements%20of,and%20w
hat%20you%20need%20to%20do%20with%20them (last visited December 2, 2025); R&R Pools, What Causes Poor Pool
Circulation https://www.rrpools.ca/blog/causes-poor-pool-circulation/ (last visited December 2, 2025).
8 Swimmingpoolsteve, What is a Pool Heater Bypass?
https://www.swimmingpoolsteve.com/pages/bypass1.html#:~:text=An%20external%20bypass%20is%20a%20configuratio
n%20of%20pool,your%20breakpoint%20chlorination%20to%20remove%20spent%20chlorine%20%28c (last visited
December 2, 2025).
9 Stockwell Safety, Flow Rate and Turnover, https://www.stockwellassociates.co.uk/tutorial-flow-rate-and-
turnover.php#:~:text=Flow%20rate%20refers%20to%20the,litres%20per%20minute%20(LPM). (last visited December 2,
2025).
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HB 431
Generally, the pool’s circulation system pulls water from the pool and into the pool heater, which warms the water
via a heat exchange, and then circulates the heated water back into the pool. There are three main types of pool
heaters:10
Electric heat pumps
Electric heat pumps use electricity to pull in outside air to heat the water. The heater has a fan that draws in the
surrounding warm air. The air is directed to an evaporator coil containing freon, which pulls the heat from the
outside air and turns the freon into a gas. The warm gas moves through a compressor, which further increases the
temperature, and then moves through the condenser coil, which absorbs the heat and warms the water. As the hot
gas moves through the condenser coil, it turns back into a liquid, and returns to the evaporator coil, and the
process begins again as diagrammed below:11
1) Condenser, 2) Compressor, 3) Evaporation Coil, 4) Fan, 5) Cool Air 6) Warm Air
10 Scott Keller, How Does a Pool Heater Work: A Comprehensive Guide to Pool Heating Options and Efficiency, Love Gunite
Pool, (September 18, 2024) https://lovegunitepool.com/how-does-a-pool-heater-work/ (last visited December 2, 2025);
Hank Cooper, How Gas Pool Heaters Work? Unveiling the Science behind Your Warm Swim (July 26, 2024)
https://pooltipsusa.com/how-gas-pool-heaters-work-unveiling-the-science-behind-your-warm-swim/ (last visited December
2, 2025).
11 Jessica Carter, Do pool heat pumps use a lot of electricity? Eclipse Pool Heating (August 9, 2022)
https://eclipsepoolheating.com.au/2022/08/09/do-pool-heat-pumps-use-a-lot-of-electricity/ (last visited December 2,
2025); Michael Dean, How Does a Pool Heater Work? Pool Research (August 13, 2024) https://poolresearch.com/how-heaters-
work/ (last visited December 2, 2025)
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HB 431
Gas pool heaters
Gas heaters work by burning natural gas or propane inside a combustion chamber. There are copper coils in the
heater, which heat up from the burning gas. Water is pulled into the heated copper coils by the circulation pump,
which then pulls the heated water back into the pool as diagrammed below:12
1) Heated Copper Coils 2) Burner 3) Fan 4) Cold Pool Water Entry 5) Heated Water Exit
12 Michael Dean, supra note 8.
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HB 431
Solar pool heaters
Solar pool heaters work by using a solar collector, which warms the water with solar power. The circulation pump
pulls the water into the solar collector, which is then pulled back into the pool as diagrammed below:13
, CJ
0 Solorwoter
heoted
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Miralia
Subcommittee
Commerce Committee
13 Performance Solar, How Solar Pool Heating Works, https://performancesolar.com/solar-pool-heating/ (last visited
December 2, 2025); David Stillwell, How does a solar pool heater work? (September 6, 2023) Consumer Affairs
https://www.consumeraffairs.com/solar-energy/how-does-a-solar-pool-heater-work.html (last visited December 2, 2025).
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6
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 431 2026
1 A bill to be entitled
2 An act relating to air-conditioning and mechanical
3 contractors; amending s. 489.105, F.S.; revising the
4 definitions of the terms "class A air-conditioning
5 contractor" and "mechanical contractor" to include
6 additional services that such contractors may perform;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraphs (f) and (i) of subsection (3) of
12 section 489.105, Florida Statutes, are amended to read:
13 489.105 Definitions.—As used in this part:
14 (3) "Contractor" means the person who is qualified for,
15 and is only responsible for, the project contracted for and
16 means, except as exempted in this part, the person who, for
17 compensation, undertakes to, submits a bid to, or does himself
18 or herself or by others construct, repair, alter, remodel, add
19 to, demolish, subtract from, or improve any building or
20 structure, including related improvements to real estate, for
21 others or for resale to others; and whose job scope is
22 substantially similar to the job scope described in one of the
23 paragraphs of this subsection. For the purposes of regulation
24 under this part, the term "demolish" applies only to demolition
25 of steel tanks more than 50 feet in height; towers more than 50
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hb431-00
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 431 2026
26 feet in height; other structures more than 50 feet in height;
27 and all buildings or residences. Contractors are subdivided into
28 two divisions, Division I, consisting of those contractors
29 defined in paragraphs (a)-(c), and Division II, consisting of
30 those contractors defined in paragraphs (d)-(q):
31 (f) "Class A air-conditioning contractor" means a
32 contractor whose services are unlimited in the execution of
33 contracts requiring the experience, knowledge, and skill to:
34 1. Install, maintain, repair, fabricate, alter, extend, or
35 design, if not prohibited by law, central air-conditioning,
36 refrigeration, heating, and ventilating systems, including duct
37 work in connection with a complete system if such duct work is
38 performed by the contractor as necessary to complete an air-
39 distribution system, boiler and unfired pressure vessel systems,
40 and all appurtenances, apparatus, or equipment used in
41 connection therewith, and any duct cleaning and equipment
42 sanitizing that requires at least a partial disassembling of the
43 system.; to
44 2. Install, maintain, repair, fabricate, alter, extend, or
45 design, if not prohibited by law, piping, insulation of pipes,
46 vessels and ducts, pressure and process piping, and pneumatic
47 control piping.; to
48 3. Replace, disconnect, or reconnect power wiring on the
49 line or load side of the dedicated existing electrical
50 disconnect switch on single phase electrical systems.; to
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HB 431 2026
51 4. Repair or replace power wiring, disconnects, breakers,
52 or fuses for dedicated HVAC circuits with proper use of a
53 circuit breaker lock.; to
54 5. Install, disconnect, and reconnect low voltage heating,
55 ventilating, and air-conditioning control wiring.; and to
56 6. Install a condensate drain from an air-conditioning
57 unit to an existing safe waste or other approved disposal other
58 than a direct connection to a sanitary system.
59 7. Replace and repair existing package pool heaters and
60 connect replacement package pool heaters to existing pool
61 piping. The replacement of an existing package pool heater must
62 use the same make and model as the existing package pool heater.
63 This includes maintaining the flow rate, connection points, and
64 heater specifications without modifications to existing pool
65 piping or system components. The replacement or repair of an
66 existing package pool heater does not include alterations to the
67 pool's hydraulic system, the addition of bypass valves, the
68 installation of new plumbing, the rerouting of pipes, any
69 changes to the pool's circulation system, or any other
70 modifications beyond what is necessary to disconnect and
71 reconnect the unit to the existing piping.
72 8. Perform The scope of work for such contractor also
73 includes any excavation work incidental to work performed in
74 subparagraphs 1.-7., but not thereto, but does not include any
75 work such as liquefied petroleum or natural gas fuel lines
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HB 431 2026
76 within buildings, except for disconnecting or reconnecting
77 changeouts of liquefied petroleum or natural gas appliances
78 within buildings; potable water lines or connections thereto;
79 sanitary sewer lines; swimming pool piping and filters; or
80 electrical power wiring.
81 9. A Class A air-conditioning contractor may Test and
82 evaluate central air-conditioning, refrigeration, heating, and
83 ventilating systems, including duct work; however, a mandatory
84 licensing requirement is not established for the performance of
85 these specific services.
86 (i) "Mechanical contractor" means a contractor whose
87 services are unlimited in the execution of contracts requiring
88 the experience, knowledge, and skill to:
89 1. Install, maintain, repair, fabricate, alter, extend, or
90 design, if not prohibited by law, central air-conditioning,
91 refrigeration, heating, and ventilating systems, including duct
92 work in connection with a complete system if such duct work is
93 performed by the contractor as necessary to complete an air-
94 distribution system, boiler and unfired pressure vessel systems,
95 lift station equipment and piping, and all appurtenances,
96 apparatus, or equipment used in connection therewith, and any
97 duct cleaning and equipment sanitizing that requires at least a
98 partial disassembling of the system.; to
99 2. Install, maintain, repair, fabricate, alter, extend, or
100 design, if not prohibited by law, piping, insulation of pipes,
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HB 431 2026
101 vessels and ducts, pressure and process piping, pneumatic
102 control piping, gasoline tanks and pump installations and piping
103 for same, standpipes, air piping, vacuum line piping, oxygen
104 lines, nitrous oxide piping, ink and chemical lines, fuel
105 transmission lines, liquefied petroleum gas lines within
106 buildings, and natural gas fuel lines within buildings.; to
107 3. Replace, disconnect, or reconnect power wiring on the
108 line or load side of the dedicated existing electrical
109 disconnect switch on single phase electrical systems.; to
110 4. Repair or replace power wiring, disconnects, breakers,
111 or fuses for dedicated HVAC circuits with proper use of a
112 circuit breaker lock.; to
113 5. Install, disconnect, and reconnect low voltage heating,
114 ventilating, and air-conditioning control wiring.; and to
115 6. Install a condensate drain from an air-conditioning
116 unit to an existing safe waste or other approved disposal other
117 than a direct connection to a sanitary system.
118 7. Replace and repair existing package pool heaters and
119 connect replacement package pool heaters to existing pool
120 piping. The replacement of an existing package pool heater must
121 use the same make and model as the existing package pool heater.
122 This includes maintaining the flow rate, connection points, and
123 heater specifications without modifications to existing pool
124 piping or system components. The replacement or repair of an
125 existing package pool heater does not include alterations to the
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HB 431 2026
126 pool's hydraulic system, the addition of bypass valves, the
127 installation of new plumbing, the rerouting of pipes, any
128 changes to the pool's circulation system, or any other
129 modifications beyond what is necessary to disconnect and
130 reconnect the unit to the existing piping.
131 8. Perform The scope of work for such contractor also
132 includes any excavation work incidental to work performed in
133 subparagraphs 1.-7., but not thereto, but does not include any
134 work such as potable water lines or connections thereto,
135 sanitary sewer lines, swimming pool piping and filters, or
136 electrical power wiring.
137 9. A mechanical contractor may Test and evaluate central
138 air-conditioning, refrigeration, heating, and ventilating
139 systems, including duct work; however, a mandatory licensing
140 requirement is not established for the performance of these
141 specific services.
142 Section 2. This act shall take effect July 1, 2026.
143
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hb431-00
HB 487
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 487 COMPANION BILL: SB 586 (Smith)
TITLE: Repair of Mobility Devices LINKED BILLS: None
SPONSOR(S): Eskamani RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill establishes the "Right to Repair Act for Mobility Devices" in Florida, requires original equipment
manufacturers (OEMs) to provide documentation, parts, and tools for mobility devices to independent repair
providers and device owners, clarifies that OEMs are not required to disclose trade secrets and protects existing
arrangements between authorized repair providers and OEMs, limits the liability of OEMs and authorized repair
providers for damages they cause during repair, makes violations a deceptive and unlawful trade practice, and
applies to mobility devices sold or used on or after July 1, 2026.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill establishes the "Right to Repair Act for Mobility Devices" in Florida. (Section 2)
Definitions
The bill provides the following definitions:
"Authorized repair provider" means an individual or a business that has an arrangement with the OEM
under which the OEM grants to the individual or business a license to use a trade name, service mark, or
other proprietary identifier for the purposes of offering the services of diagnosis, maintenance, or repair of
a mobility device under the name of the OEM, or other arrangement with the OEM to offer such services on
behalf of the OEM. An OEM that offers the services of diagnosis, maintenance, or repair of its own mobility
device, and that does not have an arrangement with an unaffiliated individual or business, must be
considered an authorized repair provider with respect to mobility devices.
"Documentation" means a manual, diagram, reporting output, service code description, schematic
diagram, security code, password, or any other guidance or information used in effecting the services of
diagnosis, maintenance, or repair of a mobility device.
"Fair and reasonable terms" means making available documentation, tools, or parts as follows:
o Documentation made available by the OEM at no charge, except that when a physical copy is
requested, a charge may be included for the reasonable actual costs of preparing and sending the
copy.
o Tools made available by the OEM at no charge:
Without requiring authorization or Internet access for use or operation of the tools.
Without imposing impediments to access or use the tools to diagnose, maintain, or repair
and enable full functionality of digital electronic equipment.
STORAGE NAME: h0487.IPA
DATE: 12/4/2025
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HB 487
In a manner that does not impair the efficient and cost-effective performance of any such
diagnosis, maintenance, or repair.
However, if a tool is requested in physical form, a charge may be included for the
reasonable, actual costs of preparing and sending the tool.
o Parts made available by the OEM, either directly or through an authorized repair provider, to
independent repair providers and owners at costs and terms that are equivalent to the most
favorable costs and terms under which an OEM offers the parts to an authorized repair provider,
and that:
Accounts for a discount, rebate, convenient and timely means of delivery, means of enabling
fully restored and updated functionality, rights of use, or:
Any other incentive or preference the original manufacturer offers to an authorized
repair provider; or
Any additional cost or impediment the OEM imposes on an owner or independent
repair provider.
Is not conditioned upon or does not impose a substantial obligation or restriction that is not
reasonably necessary for enabling the owner or independent repair provider to engage in
the diagnosis, maintenance, or repair of equipment made by or on behalf of the OEM.
Is not conditioned upon an arrangement with the OEM.
"Independent repair provider" means an individual or business operating in this state which is
unaffiliated with an OEM that is engaged in the services of diagnosis, maintenance, or repair of mobility
devices.
"OEM" means a business engaged in selling, leasing, or supplying new mobility devices designed for
individuals with physical disabilities including, but not limited to, power wheelchairs, manual wheelchairs,
mobility scooters, and power assist devices for manual wheelchairs, manufactured by, or on behalf of, the
business to an individual or business.
"Owner" means an individual or business that owns or leases a mobility device purchased or used in this
state.
"Part" means any replacement part, either new or used, made available by an OEM for purposes of
effecting the services of maintenance or repair of a mobility device manufactured by or on behalf of, sold, or
otherwise supplied by the OEM.
"Tool" means any software, hardware, or other apparatus used for the diagnosis, maintenance, or repair of
a mobility device, including, but not limited to, software or any other mechanism that programs a new part,
calibrates functionality, or performs any other function required to return the mobility device to its fully
functional condition, which includes any updates.
"Trade secret" has the same meaning as in s. 688.002, F.S. (Section 3)
Repair Requirements
The bill requires OEMs of mobility devices and parts for mobility devices that are sold or used in this state to make
available to any independent repair provider and owner by, on behalf of, or sold by such OEM, on fair and
reasonable terms, any documentation, parts, and tools, required for the diagnosis, maintenance, or repair of such
devices and parts, which includes any updates. (Section 4)
The bill requires the documentation, parts, and tools to be made available either directly by the OEM or by an
authorized repair provider. (Section 4)
The bill requires OEMs to also make available through appropriate secure release systems any special
documentation, tools, and parts required to access and reset the lock or function when disabled in the course of
diagnosis, maintenance, or repair of the mobility device. (Section 4)
Violations
The bill makes violations punishable under the Florida Deceptive and Unfair Trade Practices Act. (Section 5)
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Limitations
The bill specifies that these requirements do not:
Require an OEM to divulge a trade secret to an owner or independent service provider.
Alter the terms of an arrangement between an authorized repair provider and an OEM, including, but not
limited to, the performance or provision of warranty or recall repair work by an authorized repair provider
on behalf of an OEM and pursuant to such arrangement. However, any terms that waive, avoid, restrict, or
limit the OEM's obligation to comply with this part are void.
Make an OEM and an authorized repair provider liable for any damage or injury caused by an independent
repair provider or owner to a mobility device that occurs during the course of repair, diagnosis, or
maintenance. (Section 6)
Prospective Application
The bill applies with respect to mobility devices sold or in use on or after July 1, 2026. (Section 7)
Effective Date
The effective date of the bill is July 1, 2026. (Section 8)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. To the extent that manufacturers will be required to make repair information and tools available to
customers, expenditures for manufacturers may increase, and repair costs for wheelchair owners may decrease.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Right-to-Repair
Recently, state legislatures have been contemplating “right to repair” laws, requiring manufacturers to share repair
information and tools so that consumers may repair their products more easily and less costly.1 This type of
legislation is founded on the idea that consumers should be able to choose how to repair their products.2
Proponents of right-to-repair legislation are concerned due to the amount of products that are utilizing computer
chips and advanced technology, which are becoming increasingly difficult to repair without sending the entire
product back to the manufacturer.3 Many products, ranging from cars and appliances to wheelchairs, use
proprietary tools and parts.4 Manufacturers may refuse to publish documents necessary for a third party or
consumer to repair.5 The policy objectives of these laws are to ensure customers have access to manuals,
schematics, and software updates, as well as diagnostic tools needed to service the product themselves.6
Manufacturers have been concerned about electronic privacy and preservation of intellectual property.7
Technological advances in electronic equipment, such as fitness monitors, home security devices, and smart home
1
Luyi Wang, et al., HARV. BUS. REV., Research: The Unintended Consequences of Right-to-Repair Laws,
https://hbr.org/2023/01/research-the-unintended-consequences-of-right-to-repair-laws (last visited Dec. 1, 2025).
2
Mike Serra, Looking Under the Hood on the Right to Repair, Michigan Bar Journal (May 2022),
https://www.michbar.org/journal/Details/Looking-under-the-hood-on-the-right-to-repair?ArticleID=4428 (last visited Dec. 1, 2025).
3
Thorin Klosowski, What You Should Know About Right to Repair, New York Times (July 15, 2021),
https://www.nytimes.com/wirecutter/blog/what-is-right-to-repair/ (last visited Dec. 1, 2025).
4
Id.
5
Id.
6
Id.
7
Ike Brannon, CATO INST., A Criticism of Right to Repair Laws, https://www.cato.org/regulation/spring-2024/criticism-right-repair-
laws (last visited Dec. 1, 2025).
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3
HB 487
appliances, have led to consumer data being collected at a higher volume.8 Opponents of right-to-repair legislation
are concerned that proprietary access to such tools and information may undermine consumers’ digital privacy, as
diagnostic tools may provide access to an entire device and improper repair can disable security features.9
Additionally, there is a concern that unrestricted access into product software design may compromise intellectual
property protections.10 If proprietary knowledge is embedded in the products they sell, some manufacturers worry
that trade secrets will become public knowledge when required to disclose digital locks and other information.11
Mobility Devices
Millions of Americans rely on wheelchairs due to impaired mobility.12 According to the Centers for Disease Control
and Prevention, “one in four U.S. adults has a disability that impacts major life activities, including 40 percent of
adults age 65 and older... The most common disability type – mobility, or serious difficulty walking or climbing
stairs – affects one in seven adults.”13 In Florida, approximately 14 percent of residents report having a disability,
with the most common type being a mobility disability.14 Studies also indicate that the use of mobility devices like
wheelchairs provides independence to users who may otherwise have difficulty with physical functioning.15
Wheelchair repairs impact over 50 percent of wheelchair users and often result in individuals stranded at home or
missing a medical appointment.16 One survey of wheelchair users found that a result of wheelchair breakdown,
out-of-pocket repair costs ranged from $50-$620.17
To address the costs and delays associated with repairs, right-to-repair laws allow consumers to repair their own
products instead of using the OEM for service. In general, right-to-repair laws include the tools, parts, software or
instructions OEMs must provide to independent repairers and owners.18
The Florida Deceptive and Unfair Trade Practices Act
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) is a consumer and business protection measure
that prohibits unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or
practices in trade or commerce.19 The FDUTPA is based on federal law.20
8
Id.
9
Id.
10
Id.
11
Id.
12
Danielle M. Taylor, U.S. DEPT. OF COM., Americans With Disabilities: 2014,
https://www.census.gov/content/dam/Census/library/publications/2018/demo/p70-152.pdf (last visited Dec. 1, 2025) (citing more than
5.5 million wheelchair users).
13
Catherine A. Okoro, PhD, et al., Centers for Disease Control and Prevention, Prevalence of Disabilities and Health Care Access by
Disability Status and Type Among Adults — United States, 2016,
https://www.cdc.gov/mmwr/volumes/67/wr/mm6732a3.htm?s_cid=mm6732a3_w (last visited Dec. 1, 2025).
14 Stacker, 352today, These are the most prevalent disabilities in Florida, https://352today.com/news/257752-these-are-the-
most-prevalent-disabilities-in-florida/ (last visited Dec. 2, 2025).
15
Lynn Worobey, et al., Increases in Wheelchair Breakdowns, Repairs, and Adverse Consequences for People with Traumatic Spinal
Cord Injury, 91:6 AM. J. OF PHYSICAL MED. AND REHAB. 463 (2012), available at https://pmc.ncbi.nlm.nih.gov/articles/PMC4886332/
(last visited Dec. 2, 2025).
16
Id.
17
Lisa I. Iezzoni, HARV. HEALTH PUBL’G, Millions rely on wheelchairs for mobility, but repair delays are hurting users, available at
https://www.health.harvard.edu/blog/millions-rely-on-wheelchairs-for-mobility-but-repair-delays-are-hurting-users-202207212785
(last visited Dec. 2, 2025).
18
Right to Repair 2023 Legislation, National Conference of State Legislatures, November 1, 2023, https://www.ncsl.org/technology-
and-communication/right-to-repair-2023-legislation (last visited Dec. 2, 2025).
19
Chapter 73-124, L.O.F., and s. 501.202, F.S., F.S.
20
D. Matthew Allen, et. al., The Federal Character of Florida’s Deceptive and Unfair Trade Practices Act, 65 U. MIAMI L. REV.
1083 (Summer 2011). “With the federal Uniform Deceptive Trade Practices Act, as its model, the Florida Legislature enacted
FDUTPA in 1973. The Legislature has amended FDUTPA several times during the intervening decades, ' however, and the Act is now
unique in the extent to which it references federal consumer-protection law.”
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4
HB 487
The Office of the State Attorney (SAO) or the Department of Legal Affairs (DLA) may bring FDUTPA actions, if it
serves the public interest, on behalf of consumers or governmental entities.21 The SAO may enforce FDUTPA
violations occurring in its jurisdiction. The DLA has enforcement authority if the violation is multi-jurisdictional,
the state attorney defers in writing, or the state attorney fails to act within 90 days after a written complaint is
filed.22 Consumers may also file suit through private actions.23
DLA and the SAO have powers to investigate FDUTPA claims, which include:24
Administering oaths and affirmations;
Subpoenaing witnesses or matter; and
Collecting evidence.
DLA and the SAO, as enforcing authorities, may seek the following remedies:
Declaratory judgments;
Injunctive relief;
Actual damages on behalf of consumers and businesses;
Cease and desist orders; and
Civil penalties of up to $10,000 per willful violation.25
Trade Secrets
The Florida Uniform Trade Secrets Act (FUTSA) protects confidential business information that has economic value
and is kept secret through reasonable efforts.26 It prohibits the misappropriation27 of trade secrets through
improper means, such as theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain
secrecy, or espionage through electronic or other means.28 If a trade secret is misappropriated, the owner can seek
remedies including injunctions29 to stop the misuse, damages30 to cover losses and unjust enrichment, and, in cases
of willful and malicious misappropriation, exemplary damages.31
The FUTSA defines “trade secrets” as information, including a formula, pattern, compilation, program, device,
method, technique, or process that:32
Derives independent economic value, actual or potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure
or use; and
Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
21
S. 501.207, F.S.(1)(c) and (2), F.S.; see s. 501.203(2), F.S. (defining “enforcing authority” and referring to the office of the state
attorney if a violation occurs in or affects the judicial circuit under the office’s jurisdiction; or the Department of Legal Affairs if the
violation occurs in more than one circuit; or if the office of the state attorney defers to the department in writing; or fails to act within
a specified period.); see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct, Party, and Geographic Coverage;
State Actions for Consumer Restitution, 76 FLORIDA BAR JOURNAL 52, Dec. 2002 (analyzing the merits of FDUPTA and the potential
for deterrence of anticompetitive conduct in Florida),
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99aa165b7d8ac8a485256c8300791ec1!O
penDocument&Highlight=0,business,Division* (last visited on Dec. 2, 2025).
22
S. 501.203(2), F.S.
23
S. 501.211, F.S.
24
S. 501.206(1), F.S.
25
S. 501.207, F.S.(1), 501.208, F.S., and 501.2075, F.S. Civil Penalties are deposited into the General Revenue fund. Enforcing
authorities may also request attorney fees and costs of investigation or litigation. Section 501.2105, F.S.
26 Ch. 688, F.S.
27 S. 688.002(2), F.S.
28 S. 688.002(1), F.S.
29 S. 688.003, F.S.
30 S. 688.004(1), F.S.
31 S. 688.004(2), F.S.
32 S. 688.002(4), F.S.
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5
HB 487
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 HB 311 - Repair of Motorized Wheelchairs Eskamani/ Smith The bill passed the House but
died in the Senate.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Commerce Committee
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6
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 487 2026
1 A bill to be entitled
2 An act relating to repair of mobility devices;
3 providing a directive to the Division of Law Revision;
4 creating s. 559.971, F.S.; providing a short title;
5 creating s. 559.972, F.S.; providing definitions;
6 creating s. 559.973, F.S.; requiring original
7 equipment manufacturers to make available
8 documentation, parts, and tools required for the
9 diagnosis, maintenance, or repair of mobility devices
10 and parts for such devices; requiring original
11 equipment manufacturers of mobility devices with
12 electronic security locks to make available any
13 special documentation, parts, and tools required to
14 access and reset the locks when disabled in the course
15 of diagnosis, maintenance, or repair; creating s.
16 559.974, F.S.; providing that violation of the act is
17 an unlawful practice under the Florida Deceptive and
18 Unfair Trade Practices Act; creating s. 559.975, F.S.;
19 providing that original equipment manufacturers are
20 not required to divulge trade secrets; providing that
21 the act does not alter the terms of an arrangement
22 between an authorized repair provider and an original
23 equipment manufacturer; providing an exception;
24 limiting the liability of original equipment
25 manufacturers and authorized repair providers in
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26 certain circumstances; creating s. 559.976, F.S.;
27 providing applicability; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Part XIV of chapter 559, Florida Statutes,
32 consisting of ss. 559.971-559.976, is created and entitled
33 "Repair of Mobility Devices."
34 Section 2. Section 559.971, Florida Statutes, is created
35 to read:
36 559.971 Short title.-This part may be cited as the "Right
37 to Repair Act for Mobility Devices."
38 Section 3. Section 559.972, Florida Statutes, is created
39 to read:
40 559.972 Definitions.-As used in this part, the term:
41 (1) "Authorized repair provider" means an individual or a
42 business that has an arrangement with the original equipment
43 manufacturer under which the original equipment manufacturer
44 grants to the individual or business a license to use a trade
45 name, service mark, or other proprietary identifier for the
46 purposes of offering the services of diagnosis, maintenance, or
47 repair of a mobility device under the name of the original
48 equipment manufacturer, or other arrangement with the original
49 equipment manufacturer to offer such services on behalf of the
50 original equipment manufacturer. An original equipment
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HB 487 2026
51 manufacturer that offers the services of diagnosis, maintenance,
52 or repair of its own mobility device, and that does not have an
53 arrangement with an unaffiliated individual or business, must be
54 considered an authorized repair provider with respect to
55 mobility devices.
56 (2) "Documentation" means a manual, diagram, reporting
57 output, service code description, schematic diagram, security
58 code, password, or any other guidance or information used in
59 effecting the services of diagnosis, maintenance, or repair of a
60 mobility device.
61 (3) "Fair and reasonable terms" means making available
62 documentation, tools, or parts as follows:
63 (a) Documentation made available by the original equipment
64 manufacturer at no charge, except that when a physical copy is
65 requested, a charge may be included for the reasonable actual
66 costs of preparing and sending the copy.
67 (b) Tools made available by the original equipment
68 manufacturer at no charge:
69 1. Without requiring authorization or Internet access for
70 use or operation of the tools.
71 2. Without imposing impediments to access or use the tools
72 to diagnose, maintain, or repair and enable full functionality
73 of digital electronic equipment.
74 3. In a manner that does not impair the efficient and
75 cost-effective performance of any such diagnosis, maintenance,
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HB 487 2026
76 or repair.
77
78 However, if a tool is requested in physical form, a charge may
79 be included for the reasonable, actual costs of preparing and
80 sending the tool.
81 (c) Parts made available by the original equipment
82 manufacturer, either directly or through an authorized repair
83 provider, to independent repair providers and owners at costs
84 and terms that are equivalent to the most favorable costs and
85 terms under which an original equipment manufacturer offers the
86 parts to an authorized repair provider, and that:
87 1. Accounts for a discount, rebate, convenient and timely
88 means of delivery, means of enabling fully restored and updated
89 functionality, rights of use, or:
90 a. Any other incentive or preference the original
91 manufacturer offers to an authorized repair provider; or
92 b. Any additional cost or impediment the original
93 equipment manufacturer imposes on an owner or independent repair
94 provider.
95 2. Is not conditioned upon or does not impose a
96 substantial obligation or restriction that is not reasonably
97 necessary for enabling the owner or independent repair provider
98 to engage in the diagnosis, maintenance, or repair of equipment
99 made by or on behalf of the original equipment manufacturer.
100 3. Is not conditioned upon an arrangement with the
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101 original equipment manufacturer.
102 (4) "Independent repair provider" means an individual or
103 business operating in this state which is unaffiliated with an
104 original equipment manufacturer that is engaged in the services
105 of diagnosis, maintenance, or repair of mobility devices.
106 (5) "Original equipment manufacturer" means a business
107 engaged in selling, leasing, or supplying new mobility devices
108 designed for individuals with physical disabilities including,
109 but not limited to, power wheelchairs, manual wheelchairs,
110 mobility scooters, and power assist devices for manual
111 wheelchairs, manufactured by, or on behalf of, the business to
112 an individual or business.
113 (6) "Owner" means an individual or business that owns or
114 leases a mobility device purchased or used in this state.
115 (7) "Part" means any replacement part, either new or used,
116 made available by an original equipment manufacturer for
117 purposes of effecting the services of maintenance or repair of a
118 mobility device manufactured by or on behalf of, sold, or
119 otherwise supplied by the original equipment manufacturer.
120 (8) "Tool" means any software, hardware, or other
121 apparatus used for the diagnosis, maintenance, or repair of a
122 mobility device, including, but not limited to, software or any
123 other mechanism that programs a new part, calibrates
124 functionality, or performs any other function required to return
125 the mobility device to its fully functional condition, which
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HB 487 2026
126 includes any updates.
127 (9) "Trade secret" has the same meaning as in s. 688.002.
128 Section 4. Section 559.973, Florida Statutes, is created
129 to read:
130 559.973 Requirements.—
131 (1) For mobility devices and parts for mobility devices
132 that are sold or used in this state, an original equipment
133 manufacturer must make available to any independent repair
134 provider and owner by, on behalf of, or sold by such original
135 equipment manufacturer, on fair and reasonable terms, any
136 documentation, parts, and tools, required for the diagnosis,
137 maintenance, or repair of such devices and parts, which includes
138 any updates. The documentation, parts, and tools must be made
139 available either directly by the original equipment manufacturer
140 or by an authorized repair provider.
141 (2) For equipment that contains an electronic security
142 lock or other security-related function, the original equipment
143 manufacturer must make available to an owner and independent
144 repair provider, on fair and reasonable terms, any special
145 documentation, tools, and parts required to access and reset the
146 lock or function when disabled in the course of diagnosis,
147 maintenance, or repair of the mobility device. The
148 documentation, parts, and tools may be made available through
149 appropriate secure release systems.
150 Section 5. Section 559.974, Florida Statutes, is created
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151 to read:
152 559.974 Enforcement.—A violation of this part is
153 punishable under the Florida Deceptive and Unfair Trade
154 Practices Act.
155 Section 6. Section 559.975, Florida Statutes, is created
156 to read:
157 559.975 Limitations.—
158 (1) This part does not require an original equipment
159 manufacturer to divulge a trade secret to an owner or
160 independent service provider.
161 (2) This part does not alter the terms of an arrangement
162 between an authorized repair provider and an original equipment
163 manufacturer, including, but not limited to, the performance or
164 provision of warranty or recall repair work by an authorized
165 repair provider on behalf of an original equipment manufacturer
166 and pursuant to such arrangement. However, any terms that waive,
167 avoid, restrict, or limit the original equipment manufacturer's
168 obligation to comply with this part are void.
169 (3) An original equipment manufacturer and an authorized
170 repair provider are not liable for any damage or injury caused
171 by an independent repair provider or owner to a mobility device
172 that occurs during the course of repair, diagnosis, or
173 maintenance.
174 Section 7. Section 559.976, Florida Statutes, is created
175 to read:
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176 559.976 Applicability.—This part applies with respect to
177 mobility devices sold or in use on or after July 1, 2026.
178 Section 8. This act shall take effect July 1, 2026.
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INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 487 by Rep. Eskamani
Repair of Mobility Devices
AMENDMENT SUMMARY
December 11, 2025
358023 by Rep. Eskamani (strike-all):
• Adds definitions for “embedded software” “firmware” “mobility device” and “service.”
• Clarifies that original equipment manufacturers must make available “embedded
software” and “firmware.”
• Clarifies that original equipment manufacturers make certain items available to
independent repair providers “or” owners of such equipment, instead of “and” owners.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 487 (2026)
Amendment No.
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 Eskamani offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7
8 Section 1. Part XIV of chapter 559, Florida Statutes,
9 consisting of ss. 559.971-559.976, is created and entitled
10 "Repair of Mobility Devices."
11 Section 2. Section 559.971, Florida Statutes, is created
12 to read:
13 559.971 Short title.-This part may be cited as the "Right
14 to Repair Act for Mobility Devices."
15 Section 3. Section 559.972, Florida Statutes, is created
16 to read:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 487 (2026)
Amendment No.
17 559.972 Definitions.-As used in this part, the term:
18 (1) "Authorized repair provider" means an individual or a
19 business that has an arrangement with the original equipment
20 manufacturer under which the original equipment manufacturer
21 grants to the individual or business a license to use a trade
22 name, service mark, or other proprietary identifier for the
23 purposes of servicing a mobility device under the name of the
24 original equipment manufacturer, or other arrangement with the
25 original equipment manufacturer to offer such services on behalf
26 of the original equipment manufacturer. An original equipment
27 manufacturer that services its own mobility device, and that
28 does not have an arrangement with an unaffiliated individual or
29 business, is an authorized repair provider with respect to
30 mobility devices.
31 (2) "Documentation" means a manual, diagram, reporting
32 output, service code description, schematic diagram, security
33 code, password, or any other guidance or information used in
34 servicing a mobility device.
35 (3) "Embedded software" means programmable instructions
36 provided on firmware delivered with an electronic component of a
37 mobility device or with any part for the purpose of restoring or
38 improving operation of the mobility device or part and includes
39 all relevant patches and fixes that the original equipment
40 manufacturer makes to a mobility device or to any part for the
41 purpose of restoring or improving the mobility device or part.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 487 (2026)
Amendment No.
42 (4) "Fair and reasonable terms" means making available
43 documentation, tools, or parts as follows:
44 (a) Documentation must be made available by the original
45 equipment manufacturer at no charge, except that when a physical
46 copy is requested, a charge may be included for the reasonable
47 actual costs of preparing and sending the copy.
48 (b) Tools must be made available by the original equipment
49 manufacturer at no charge:
50 1. Without requiring authorization or Internet access for
51 use or operation.
52 2. Without imposing impediments to access or use.
53 3. In a manner that does not impair the efficient and
54 cost-effective performance of any such service and ensures that
55 full functionality of digital electronic equipment is enabled.
56
57 However, if a tool is requested in physical form, a charge may
58 be included for the reasonable, actual costs of preparing and
59 sending the tool.
60 (c) Parts must be made available by the original equipment
61 manufacturer, either directly or through an authorized repair
62 provider, to an independent repair provider or owner at costs
63 and terms that are equivalent to the most favorable costs and
64 terms under which an original equipment manufacturer offers the
65 parts to an authorized repair provider, and that:
66 1. Accounts for:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 487 (2026)
Amendment No.
67 a. Any discount, rebate, delivery method, functionality,
68 rights of use, incentive, preference; or
69 b. Any additional cost or impediment the original
70 equipment manufacturer imposes on an authorized repair provider.
71 2. Does not condition or impose a substantial obligation
72 or restriction that is not reasonably necessary for enabling the
73 independent repair provider or owner to service a mobility
74 device.
75 3. Is not conditioned upon an arrangement with the
76 original equipment manufacturer.
77 (5) “Firmware” means a software program or set of
78 instructions programmed on a mobility device or a part to allow
79 a mobility device or a part to communicate with itself or with
80 other computer hardware.
81 (6) "Independent repair provider" means an individual or
82 business operating in this state engaged in servicing mobility
83 devices, which is unaffiliated with an original equipment
84 manufacturer.
85 (7) “Mobility device” means equipment designed for people
86 with a mobility disability, including power wheelchairs, manual
87 wheelchairs, mobility scooters, and power assist devices for
88 manual wheelchairs.
89 (8) "Original equipment manufacturer" means an individual
90 or business that is engaged in manufacturing, selling, leasing,
91 or supplying new mobility devices.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 487 (2026)
Amendment No.
92 (9) "Owner" means an individual or business that owns or
93 leases a mobility device purchased or used in this state.
94 (10) "Part" means any replacement part, either new or
95 used, made available by an original equipment manufacturer to
96 service a mobility device manufactured by or on behalf of, sold,
97 or otherwise supplied by the original equipment manufacturer.
98 (11) “Service” , “services” , or “servicing” means any
99 activity related to the diagnosis, maintenance, or repair of a
100 mobility device or a part thereof.
101 (12) "Tool" means any software, hardware, or other
102 apparatus used for the service of a mobility device, including,
103 but not limited to, software or any other mechanism that
104 programs a new part, calibrates functionality, or performs any
105 other function required to return the mobility device to its
106 fully functional condition, which includes any updates.
107 (13) "Trade secret" has the same meaning as in s. 688.002.
108 Section 4. Section 559.973, Florida Statutes, is created
109 to read:
110 559.973 Requirements.—
111 (1) For the purpose of servicing mobility devices and
112 parts of mobility devices that are sold or used in this state,
113 an original equipment manufacturer must make available to any
114 independent repair provider or owner of the original equipment
115 manufacturer’s mobility device, on fair and reasonable terms,
116 any documentation, embedded software, firmware, parts, and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 487 (2026)
Amendment No.
117 tools, that are necessary to service such mobility devices and
118 parts, including any updates to documentation, embedded
119 software, firmware, parts, and tools. The documentation,
120 embedded software, firmware, parts, and tools must be made
121 available either directly by the original equipment manufacturer
122 or by an authorized repair provider.
123 (2) For equipment that contains an electronic security
124 lock or other security-related function, the original equipment
125 manufacturer must make available to an independent repair
126 provider or owner, on fair and reasonable terms, any special
127 documentation, embedded software, firmware, tools, and parts
128 required to access and reset the lock or function when disabled
129 in the course of servicing the mobility device. The
130 documentation, embedded software, firmware, parts, and tools may
131 be made available through appropriate secure release systems.
132 Section 5. Section 559.974, Florida Statutes, is created
133 to read:
134 559.974 Enforcement.—A violation of this part is
135 punishable under the Florida Deceptive and Unfair Trade
136 Practices Act.
137 Section 6. Section 559.975, Florida Statutes, is created
138 to read:
139 559.975 Limitations.—
140 (1) This part does not require an original equipment
141 manufacturer to divulge a trade secret to an independent service
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 487 (2026)
Amendment No.
142 provider or an owner of the original equipment manufacturer’s
143 mobility device.
144 (2) This part does not alter the terms of an arrangement
145 between an authorized repair provider and an original equipment
146 manufacturer, including, but not limited to, the performance or
147 provision of warranty or recall repair work by an authorized
148 repair provider on behalf of an original equipment manufacturer
149 and pursuant to such arrangement. However, any terms that waive,
150 avoid, restrict, or limit the original equipment manufacturer's
151 obligation to comply with this part are void.
152 (3) An original equipment manufacturer and an authorized
153 repair provider are not liable for any damage or injury caused
154 by an independent repair provider or owner to a mobility device
155 that occurs during the course of service of a mobility device.
156 Section 7. Section 559.976, Florida Statutes, is created
157 to read:
158 559.976 Applicability.—This part applies with respect to
159 mobility devices sold or in use on or after July 1, 2026.
160 Section 8. This act shall take effect July 1, 2026.
161
162
163 -----------------------------------------------------
164 T I T L E A M E N D M E N T
165 Remove everything before the enacting clause and insert:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 487 (2026)
Amendment No.
166 An act relating to repair of mobility devices;
167 providing a directive to the Division of Law Revision;
168 creating s. 559.971, F.S.; providing a short title;
169 creating s. 559.972, F.S.; providing definitions;
170 creating s. 559.973, F.S.; requiring original
171 equipment manufacturers to make available
172 documentation, embedded software, firmware, parts, and
173 tools required to service mobility devices and parts
174 of such devices; requiring original equipment
175 manufacturers of mobility devices with electronic
176 security locks to make available any special
177 documentation, embedded software, firmware, parts, and
178 tools required to access and reset the locks when
179 disabled in the course of service; creating s.
180 559.974, F.S.; providing that violation of the act is
181 an unlawful practice under the Florida Deceptive and
182 Unfair Trade Practices Act; creating s. 559.975, F.S.;
183 providing that original equipment manufacturers are
184 not required to divulge trade secrets; providing that
185 the act does not alter the terms of an arrangement
186 between an authorized repair provider and an original
187 equipment manufacturer; providing an exception;
188 limiting the liability of original equipment
189 manufacturers and authorized repair providers in
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 487 (2026)
Amendment No.
190 certain circumstances; creating s. 559.976, F.S.;
191 providing applicability; providing an effective date.
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HB 607
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 607 COMPANION BILL: None
TITLE: Industries and Professional Activities LINKED BILLS: None
SPONSOR(S): Yarkosky RELATED BILLS: None
Committee References
Industries & Professional State Administration Budget Commerce
Activities
SUMMARY
Effect of the Bill:
The bill promotes economic growth in Florida by removing regulatory barriers for businesses and professions by:
repealing certain boards, councils, and commissions from the Department of Business and Professional Regulation
(DBPR) and the Department of Agriculture and Consumer Services (DACS); repealing continuing education
requirements for certain licensed professionals; extending the licensure renewal cycle for certain professions
under DBPR and DACS; increasing the pathways to licensure for certain professionals; and reducing other barriers
to entry for certain professions.
Fiscal or Economic Impact:
The bill may reduce state and local government revenues associated with certain licensing fees, though these
reductions may be offset in whole or in part due to reduced operational and administrative costs associated with
the repealed boards, councils, and commissions. The bill may have a positive impact on the private sector by
lowering costs for businesses and professionals.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill promotes economic growth in Florida by removing regulatory barriers for businesses and professions. The
provisions of the bill are addressed in detail below.
Regulation of Businesses and Professions
The bill repeals the following boards, commissions, and councils within the Department of Business and
Professional Regulation (DBPR) and shifts the authority for and responsibilities of 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 Veterinary Medicine
Board of Accountancy
Florida Real Estate Commission
Florida Real Estate Appraisal Board
Barbers’ Board
Board of Cosmetology
Board of Architecture and Interior Design
STORAGE NAME: h0607.IPA
DATE: 12/4/2025
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HB 607
Board of Landscape Architecture
Construction Industry Licensing Board
Electrical Contractors’ Licensing Board
Board of Professional Geologists
Drug Wholesale Distributor Advisory Council. (Sections 1 and 2)
However, the bill does not immediately repeal the Board of Professional Engineers. Instead, the Board of
Professional Engineers is abolished effective July 1, 2033. (Section 279)
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)
Continuing Education
The bill repeals provisions requiring continuing education for the following professions and occupations licensed
by DBPR and DACS:
Barbers (Section 2)
Cosmetology (Sections 2, and 143)
Home Inspectors (Sections 2, 78, and 79)
Mold-Related Services (Sections 2, 81, and 82)
Contractors (Sections 182, 184, and 185)
Electrical Contractors (Sections 214, 215, 216, and 217)
Engineers (Sections 88 and 89)
Architects and Interior Designers (Sections 156 and 157)
Landscape Architects (Sections 170 and 171)
Asbestos Contractors (Sections 84, 85, and 86)
Community Association Managers (Sections 2, 53, and 54)
Building Officials (Sections 2, 75, and 273)
Harbor Pilots (Section 15)
Real Estate Brokers and Sales Associates (Sections 127, 286, 289, and 290)
Veterinarians (Section 118)
Surveyors and Mappers. (Section 2)
However, the bill does not repeal the continuing education requirement for Certified Public Accountants. (Section
283)
Licensure Renewal Period
The bill extends licensure expiration and renewal periods for all professions within DBPR and DACS to every four
years. (Section 33)
Division of Certified Public Accounting and Division of Real Estate Office Relocation
Effective at the termination of any lease in effect on December 31, 2025, the bill moves the offices of the Division of
Certified Public Accounting from Gainesville to Tallahassee. (Section 1)
Effective at the termination of any lease in effect on December 31, 2025, the bill moves the offices of the Division of
Real Estate from Orlando to Tallahassee. (Section 1)
Certified Public Accountants
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HB 607
The bill 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, 2027, a person may qualify for a CPA license if they:
Complete 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 has one year of work experience;
Hold 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 has one year of work
experience;
Hold 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 has two years of work
experience; or
Holds a baccalaureate degree in any major course of study conferred by an accredited college or university,
has completed coursework required for a concentration in accounting and business as prescribed by the
department, and have two years of work experience. (Sections 281 and 282)
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 281)
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 281)
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 282)
Effective January 1, 2027, 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 284)
Licensure of Engineers and Architects by Endorsements
The bill allows DBPR to approve engineers and architects licensed outside of the United States for licensure by
endorsement. (Sections 280 and 317)
Applicants for endorsement as an engineer must hold a valid license from a foreign jurisdiction if the criteria for
licensure was substantially the same as the licensure criteria in Florida when the license was issued or must hold a
valid license from a foreign jurisdiction and hold an active Council Record with the National Council of Examiners
for Engineers and Surveying. (Section 280)
Applicants seeking licensure as an architect must hold a valid license from a foreign jurisdiction if the criteria for
licensure was substantially the same as the licensure criteria in Florida when the license was issued, or must hold a
valid license from a foreign jurisdiction, pass the licensure examination for architects, and hold a valid certificate
issued by the National Council of Architectural Registration Boards. Additionally, all applicants must complete a
two hour department-approved class on wind mitigation techniques to qualify for licensure by endorsement.
(Section 317)
Barbers
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HB 607
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 license holder’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 license holder 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 license holder 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.
Barbers are already allowed to shampoo, cut, or arrange hair in locations outside of barbershops. (Section 315)
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 319)
The bill provides that a permitted entity applying for a new permit from the Division of Drugs, Devices, and
Cosmetics because of a sale or transfer of ownership in the permitted entity must apply within 30 days of the sale
or transfer, instead of before the sale or transfer. (Section 319)
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 Investigative Agency Branch Offices;
Security Agency Branch Offices;
Recovery Agent Interns;
Recovery Agency Branch Offices;
Recovery Agency Managers. (Sections 238, 239, 240, 247, 248, 249, 250, 252, 255, 256, and 257)
The bill does not repeal the licensure requirement for private investigators, security officers, and recover agents.
The bill replaces the secondary license of Private Investigator Interns with a provisional private investigator
license. The bill also shortens the required experience period to become qualified to take the private investigator
examination from two years to six months. (Section 243, 247, 248, and 249)
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
277)
The bill authorizes the Florida Department of Law Enforcement (FDLE) to accept and process fingerprints and
exchange criminal history records for individuals involved in the insurance industry. The bill requires background
checks for a wide range of persons associated with insurers or insurance-related entities, including officers,
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 607
employees, contractors, or persons who control insurance operations. Fingerprints must be submitted to the OIR
or an authorized vendor and will be processed by both the FDLE and the Federal Bureau of Investigation. The
results of the background checks will be used by the OIR to determine whether individuals meet eligibility
requirements for licensure, certification, or authority to operate under the Florida Insurance Code. The bill also
provides procedures for submission, retention, and cost responsibilities associated with fingerprint processing and
background checks. (Section 322)
Landscape Architects Services
The bill requires state agencies and local governments to accept the seal of a landscape architect for any
professional services within a landscape architect’s scope of work, including, but not limited to, grading and
drainage. (Section 318)
Building Code Administrators & Inspectors
The bill allows for proof of verifiable work experience as an inspector or plans examiner of any other type to be
exchanged for the internship experience requirement for licensure as a building code official on a year-for-year
basis for up to three years of the four year requirement. (Section 278).
Veterinary Telehealth Prescriptions
The bill extends the duration of treatment for flea and tick control that a licensed veterinarian may prescribe via
telehealth from one month to one year. (Section 285)
Elevator Accessibility
The bill revises elevator accessibility requirements to align with the Florida Building Code. (Section 276)
DBPR Information on Professions
The bill requires DBPR to e-mail all licensees and post information on their website at the end of each legislative
session explaining new laws related to each profession. (Section 1)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have a positive fiscal impact for DBPR and DACS due to the following:
Reduced operational and administrative costs associated with maintaining the repealed boards,
commissions, and councils.
Decreased continuing education (CE) oversight expenses needed to administer, monitor, or enforce CE
requirements.
While the state may lose some fee revenue (e.g. CE-related fees or secondary license fees), this is likely offset by
lower enforcement and processing expenses.
DBPR may incur short-term costs related to reorganizing oversight functions, updating rules, systems, and internal
processes that may be absorbed by current resources.
PRIVATE SECTOR:
The bill may have a positive impact on the private sector by lowering costs for professionals. Eliminating required
continuing education saves professionals time and money. Private investigators and security firms may experience
lower overhead costs through the elimination of secondary licenses. Easier licensure may increase competition in
some professions, which could affect wages or business volume for existing licensees.
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5
HB 607
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Department of Business and Professional Regulation
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses various businesses
and professionals in Florida.1
The Division of Professions licenses and regulates more than 542,000 professionals through the following
professional boards and programs:2
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.
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.3
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.4
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.5
1 S. 20.165, F.S.
2 Florida Department of Business and Professional Regulation, Division of Professions,
https://www2.myfloridalicense.com/division-of-professions/ (last visited Dec. 2, 2025).
3 Florida Department of Business and Professional Regulation, Auctioneers – Board Information,
https://www2.myfloridalicense.com/auctioneers/board-information/ (last visited Dec. 2, 2025).
4 S. 468.384, F.S.
5 Florida Department of Business and Professional Regulation, Real Estate Commission – Commission Information,
https://www2.myfloridalicense.com/real-estate-commission/commission-information/ (last visited Dec. 2, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
HB 607
The FREC 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 sixty years of age or older. Members serve for terms of four years.6
The Division of Real Estate (DRE) is responsible for supporting the FREC and the Florida Real Estate Appraisal
Board in the regulation of real estate sales associates, brokers, and appraisers.7 The DRE’s offices are located in
Orlando.8
Florida Real Estate Appraisal Board
The Florida Real Estate Appraisal Board (FREAB) administers and enforces the real estate appraiser license law.
The FREAB has power to regulate the issuance of appraiser licenses, certifications, registrations, and permits; to
discipline appraisers; to establish qualifications for appraiser licenses, certifications, registrations, and permits; to
regulate approved courses; to establish standards for real estate appraisals; and to establish standards for and
regulate supervisory appraisers. Additionally, the board has authority to adopt rules in order to implement its
authorized duties and responsibilities.9 The FREAB generally meets six times a year.10
The FREAB consists of nine members who are appointed by the governor and confirmed by the Senate. Four
members must be appraisers with at least five years of experience, one member must represent the appraisal
management industry, one member must represent an organization that uses appraisals, and three members must
represent the general public and have no connection to the practice of real estate appraisal.11
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.12 The offices for the Division of CPA are located in Gainesville.13
The Board of Accountancy is responsible for licensing and regulating CPAs. The board meets ten 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. 14
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 sixty years old.15
In order to obtain licensure as a CPA, an applicant must:16
6 S. 475.02, F.S.
7 S. 475.021, F.S.
8 S. 20.165(2), F.S.
9 S. 475.613, F.S.; Florida Department of Business and Professional Regulation, Real Estate Appraisal – Board Information,
https://www2.myfloridalicense.com/real-estate-appraisal-board/board-information/ (last visited Dec. 2, 2025).
10 Florida Department of Business and Professional Regulation, Real Estate Appraisal – Meetings and Workshops,
https://www2.myfloridalicense.com/real-estate-appraisal-board/meetings-and-workshops/ (last visited Dec. 2, 2025).
11 S. 475.613, F.S.
12 Florida Department of Business and Professional Regulation, Certified Public Accounting,
https://www2.myfloridalicense.com/certified-public-accounting/ (last visited Dec. 2, 2025).
13 S. 20.165(2), F.S.
14 Florida Department of Business and Professional Regulation, Certified Public Accounting,
https://www2.myfloridalicense.com/certified-public-accounting/ (last visited Dec. 2, 2025).
15 S. 473.303, F.S.
16 Ss. 473.306, and 473.308, F.S.
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HB 607
Have at least 150 semester hours of college education, including a baccalaureate or higher degree
conferred;
Have one year of experience;
Have good moral character; and
Pass an examination.
An applicant is also eligible for licensure by endorsement if the applicant has good moral character and meets one
of the following requirements:17
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 ten 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.18
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.19
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 business, as necessary.20
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.21
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:22
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
and all mobile salon records must be kept at the permanent address;
Must file a written monthly itinerary with the Board of Cosmetology;
17 S. 473.308, F.S. and Rule 61H1-29.003, F.A.C.
18 Florida Department of Business and Professional Regulation, Barbers, https://www2.myfloridalicense.com/barbers/ (last
visited Dec. 2, 2025).
19 S. 476.054, F.S.
20 Florida Department of Business and Professional Regulation, Cosmetology,
https://www2.myfloridalicense.com/cosmetology/ (last visited Dec. 2, 2025).
21 S. 477.015, F.S.
22 Ss. 477.025(10), and 477.0263, F.S.
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Must pay a fee, which may not be more than the fee for a fixed cosmetology salon; and
Must comply with all local laws and ordinances regulating business establishments, the applicable
Americans with Disabilities Act requirements, and the applicable OSHA requirements.
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.23
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.24
The board consists of eighteen 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.25
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.26
The board consists of eleven members appointed by the Governor and confirmed by the Senate. Seven members
must be certified electrical contractors, two must be consumer members, and two must be certified alarm system
contractors.27
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.28 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.29
23 S. 476.188, F.S.
24 Florida Department of Business and Professional Regulation, Construction Industry,
https://www2.myfloridalicense.com/construction-industry/ (last visited Dec. 2, 2025).
25 S. 489.107, F.S.
26 Florida Department of Business and Professional Regulation, Electrical Contractors,
https://www2.myfloridalicense.com/electrical-contractors/ (last visited Dec. 2, 2025).
27 S. 489.507, F.S.
28 A community association manager or community association management firm manages community associations with more
than ten 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 Dec. 2,
2025).
29 Florida Department of Business and Professional Regulation, Community Association Managers and Firms,
https://www2.myfloridalicense.com/community-association-managers-and-firms/ (last visited Dec. 2, 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.30
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.31
The council generally meets three times a year and consists of twelve members. The council must consist of the
Secretary of DBPR (or their designee), the Secretary of Health Care Administration (or their designee), and ten
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,32 and one employee of a pharmaceutical manufacturer.33
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.34
A designated representative:35
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; and
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:36
Submit an application and pay the appropriate fees;
Be at least 18 years of age;
Have at least 2 years of verifiable full-time:
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;
Managerial experience with a prescription drug wholesale distributor licensed in Florida or in
another state;
30 S. 468.4315, F.S.
31 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 Dec. 2, 2025).
32 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. Compressed Gas Association, About CGA,
https://www.cganet.com/about-us/ (last visited Dec. 2, 2025).
33 S. 499.01211, F.S.
34 S. 499.012(15), F.S.
35 Id.
36 Id.
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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;
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
Work experience as a drug inspector or investigator with a state or federal organization, whether in
an administrative or 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; and
Provide DBPR with a personal information statement and fingerprints.
If an entity, which has received a permit from DDC, changes a majority of the ownership or the controlling interest,
then it must apply for a new permit from DDC before the change of ownership or controlling interest.37
Board of Pilot Commissioners
The Board of Pilot Commissioners is responsible for licensing and regulating state pilots and deputy pilots.38 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.39
The board consists of ten 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.40
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.41
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.42
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
37 S. 499.012(6), F.S.
38 State and deputy pilots navigate vessels within channels, waters, harbors, and ports.
39 Florida Department of Business and Professional Regulation, Harbor Pilots, https://www2.myfloridalicense.com/harbor-
pilots/ (last visited Dec. 2, 2025).
40 S. 310.011, F.S.
41 Florida Department of Business and Professional Regulation, Veterinary Medicine,
https://www2.myfloridalicense.com/veterinary-medicine/ (last visited Dec. 2, 2025).
42 S. 474.204, F.S.
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rulemaking to implement the provisions set forth in its statutes and conducts other general business, as
necessary.43
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 their designee) must serve as an ex officio member of the board.44
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.45
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
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.46
Board of Employee Leasing Companies
The Board of Employee Leasing Companies is responsible for licensing and regulating employee leasing
companies.47 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.48
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, and one of which must be
part of an employee leasing company that has an annual gross Florida payroll for its leased employees which is
among the smallest 20% 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.49
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
43 Florida Department of Business and Professional Regulation, Geologists, https://www2.myfloridalicense.com/geologists/
(last visited Dec. 2, 2025).
44 S. 492.103, F.S.; Florida Department of Business and Professional Regulation, Geologists – Board Information,
https://www2.myfloridalicense.com/geologists/board-information/ (last visited Dec. 2, 2025).
45 Florida Department of Business and Professional Regulation, Building Code Administrators & Inspectors,
https://www2.myfloridalicense.com/building-code-administrators-and-inspectors/ (last visited Dec. 2, 2025).
46 S. 468.605, F.S.
47 “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.
48 Florida Department of Business and Professional Regulation, Employee Leasing Companies,
https://www2.myfloridalicense.com/employee-leasing-companies/ (last visited Dec. 2, 2025).
49 S. 468.521, F.S.
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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 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.51
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.52
The board consists of eleven members who are appointed by the Governor and confirmed by the Senate. Five
members must be registered architects 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 five 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 sixty years of age or older.53
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 the FBPE are administered by the Florida Engineers Management Corporation (FEMC). FEMC is a
nonprofit, single purpose corporation that operates through a contract with DBPR.54
FBPE meets six times a year and consists of eleven members who are appointed by the Governor for terms of four
years. 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 their qualifications to provide expertise and experience to the
board at all times in civil engineering, structural engineer, electrical or electronic engineering, mechanical
engineering, or engineering education.55
Licensure by Endorsement for Engineers and Architects
Current law allows persons licensed as engineers or architects in other states or United States territories to receive
a licensure by endorsement if the person meets one of the following:56
Holds a valid license to practice engineering or architecture issued by another state or territory of the
United States.
The criteria for issuance of the license in the other state or territory must be substantially the same
as the licensure criteria that existed in Florida at the time the license was issued.
Qualifies for and passes the licensure exam to be an engineer or architect and meets the experience
requirement to be an engineer or architect.
Holds a valid certificate issued by the National Council of Architectural Registration Boards, and holds a
valid license to practice architecture issued by another state or jurisdiction of the United States.
50 Florida Department of Business and Professional Regulation, Landscape Architecture,
https://www2.myfloridalicense.com/landscape-architecture/ (last visited Dec. 2, 2025).
51 S. 481.305, F.S.
52 Florida Department of Business and Professional Regulation, Architecture and Interior Design,
https://www2.myfloridalicense.com/architecture-and-interior-design/ (last visited Dec. 2, 2025).
53 S. 481.205, F.S.
54 Ss. 20.165(4)(a), and 471.038, F.S.
55 S. 471.007, F.S.
56 Ss. 471.015(3), and 481.213(3), F.S.
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Note: This option only applies to licensure as an architect.
Current law does not provide an option for licensure by endorsement for persons licensed as an engineer or
architect in a foreign jurisdiction.
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.57
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.58
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”.59
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.60
Fingerprinting for Military and Military Spouse Licensure
Under certain circumstances, DBPR is required to issue professional licenses to applicants who are, or were, active
duty members, or to a spouse or surviving spouse of such, of the United States Armed Forces. To be eligible for
such licensure, the applicant must provide the following to the department:61
Proof that the applicant themselves, or their spouse, is or was a member of the Unites States Armed Forces
serving on active duty;
Proof that the applicant holds a valid license for the profession issued by another state, 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; and
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 respective board may, review the results of the criminal history checks, and determine
whether the applicant meets the licensure requirements.62
The cost of fingerprint processing is 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.63
Department of Agriculture and Consumer Services
57 Florida Department of Business and Professional Regulation, Hotels and Restaurants – Information,
https://www2.myfloridalicense.com/hotels-restaurants/division-information/ (last visited Dec. 2, 2025).
58 S. 509.261, F.S.
59 S. 399.001, F.S.
60 S. 399.035(2), F.S.
61 S. 455.02(3), F.S.
62 Id.
63 Id.
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The Florida 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.64
Private Investigative, Private Security, and Recovery Services Industries
The Division of Licensing (Division) within DACS administers Florida’s concealed weapon licensing program65 and
oversees Florida’s private investigative, private security, and recovery services industries.66 The Division’s
regulatory oversight of those services includes licensing, enforcing compliance standards, and ensuring public
protection from unethical business practices and unlicensed activity.67
Currently, the Division offers twenty-two different types of private investigative, private security, and recovery
services licenses and four different types of concealed weapon or firearm licenses. As of October 31, 2025 the
Division had issued a total of 222,454 private investigative, private security, and recovery services licenses. The
following chart provides a breakdown of the total number of each license type.68
License Type License Title Total
C Private Investigators 6,929
CC Private Investigator Interns 1,371
A Private Investigative Agencies 2,582
AA Private Investigative Agency Branch Offices 20
MA Private Investigative Agency Managers 86
M Private Investigative / Security Agency Managers 428
D Security Officers 173,915
B Security Agencies 2,157
BB Security Agency Branch Offices 180
MB Security Managers 1,577
AB Security Agency / Private Investigative Agency Branch Offices 10
DS Security Officer Schools 473
DI Security Officer Instructors 1,772
G Statewide Firearm Licenses 28,669
K Firearms Instructor 658
E Recovery Agents 802
EE Recover Agent Interns 462
R Recovery Agencies 298
RR Recovery Agency Branch Offices 47
MR Recovery Agency Managers 4
RS Recovery Agent School 7
RI Recovery Agent Instructor 7
Total of Private Investigative, Private Security, and Recovery Services Licenses 222,454
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:69
Be at least eighteen years old;
Be one of the following:
A United States citizen,
64 Florida Department of Agriculture and Consumer Services, About Us, https://www.fdacs.gov/About-Us (last visited Dec. 2,
2025).
65 S. 790.06, F.S.
66 Ch. 493, F.S.
67 Florida Department of Agriculture and Consumer Services, Division of Licensing, https://www.fdacs.gov/Divisions-
Offices/Licensing (last visited Dec. 2, 2023).
68 Florida Department of Agriculture and Consumer Services, Division of Licensing Statistical Reports,
https://www.fdacs.gov/Divisions-Offices/Licensing/Statistical-Reports (last visited Dec. 2, 2025).
69 Ss. 493.6105, and 493.6106, F.S.
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A permanent legal resident, or
A holder of a work vise from the United States Citizenship and Immigration Service;
Have no disqualifying criminal history;
Be of good moral character;
Have no history of:
Mental illness,
Alcohol abuse, or
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.70 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:71
Have two years of lawfully gained, verifiable, full-time experience to qualify for the license. This experience
can be acquired through a combination of:
Private investigative work or related fields of work that provided equivalent experience or training;
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
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 a private investigator intern Class “CC” license. In order to obtain a license a
person must:72
Pay a fee of $60
Complete forty 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 $450.73
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:74
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:75
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
70 S. 493.6101(16), F.S.
71 Ss. 493.6202, and 493.6203, F.S.
72 Id.
73 Id.
74 Id.
75 Id.
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A security officer is any individual who, for consideration, advertises or performs the following:76
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 a security officer class “D” license from DACS.77
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 $450.78
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:79
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:80
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:81
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:82
Qualify for a private investigator 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
76 S. 493.6101(19), F.S.
77 S. 493.6301, F.S.
78 Ss. 493.6301, and 493.6302, F.S.
79 Id.
80 Id.
81 Ss. 493.6201, and 493.6202, F.S.
82 Ss. 493.6203, and 493.6303, F.S.
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the legal owner, lienholder, or lessor to recover that which has been sold or leased under a security agreement that
contains a repossession clause.83
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:84
Have one year of lawfully gained, verifiable, full-time experience to qualify for the license. This experience
can be acquired through a combination of:
Repossession work; or
Completing a repossession internship;
Complete forty hours of professional training; and
Pay a fee of $75.
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:85
Pay a fee of $60; and
Complete forty 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:86
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:87
Have a Class “R” license for the main location; and
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:88
Have one year of experience as a licensed recovery agent; and
Pay a fee of $75.
Board of Professional Surveyors and Mappers
The Florida Department of Agricultural and Consumer Services (FDACS) licenses and regulates professional
surveyors and mappers in Florida through the Florida Board of Professional Surveyors and Mappers.89
The Florida Board of Professional Surveyors and Mappers encourages the entry of qualified individuals in 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.90
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
83 S. 493.6101(22), F.S.
84 Ss. 493.6402, and 493.6403, F.S.
85 Id.
86 Id.
87 Id.
88 Id.
89 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/Professional-Surveyors-and-Mappers (last visited Dec. 2, 2025).
90 Id.
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never been surveyors and mappers or members of any closely related profession or occupation. Members serve
four-year staggered terms.91
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.92
The council shall consist of 11 members appointed to 4-year terms by the Commissioner of Agriculture. The 11
members must include the following:93
A representative of DACS
A citizen not involved in the conduct of pest control
A statue 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.
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.94
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:95
Independent automotive mechanics shop
Franchise or company-owned automotive mechanics’ shop
Automotive collision shop
Tire dealer
Independent motor vehicle dealer
Franchise motor vehicle dealer.
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.96
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.97
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
91 S. 472.007, F.S.
92 S. 482.243, F.S.
93 Id.
94 S. 559.9221, F.S.
95 Id.
96 Ch. 91-268, Laws of Florida
97 S. 570.81, F.S.
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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.98
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.99
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:100
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.
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:101
Profession Continuing Education Requirements
Architects 20 hours of CE biannually
Up to 20 hours of CE to reinstate an inactive license
Interior Designers 20 hours of CE biannually
Up to 20 hours of CE to reinstate an inactive license
98 Id.
99 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, F.S. and 259.1053, F.S.
100 S. 259.1053(4), F.S.
101 See Ss. 310.081, 455.2228, 468.4337, 468.4338, 468.627, 468.8316, 468.8317, 468.8416, 469.004, 469.012, 469.013,
471.017, 471.019, 472.018, 472.019, 473.312, 473.313, 474.211, 475.17, 475.182, 475.183, 477.019, 477.0212, 481.215,
481.217, 481.313. 481.315, 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, 61J2-1.011, 61J2-3.020, and 61H1-33.003 F.A.C
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20
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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 biannually for onsite
supervisor
Barbers 2 hours of CE biannually
Building Code Officials, Inspectors, and Plans 4 classroom hours biannually
Examiners
Community Association Managers 10 hours of CE annually
15 classroom hours of CE to reinstate an inactive
license
Construction Contractors 14 classroom hours of CE biannually
Up to 14 classroom hours to reinstate an inactive
license
Cosmetologists Up to 10 hours of CE biannually
Up to 10 hours of CE to reinstate inactive license
Electrical Contractors 2 classroom hours of CE biannually if the licensee
is a fire alarm system agent
6 classroom hours of CE biannually if the licensee
is a 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
Home Inspectors 14 hours of CE biannually
14 hours of CE to reinstate an inactive license
Landscape Architects 16 hours of CE biannually
Up to 16 hours to reinstate an inactive license
Mold-Related Services 14 hours of CE biannually
Harbor Pilots Board approved seminar biannually
Veterinary Medicine Up to 30 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 of CE biannually
Up to 120 hours to reinstate inactive license
Land Surveyors and Mappers 24 hours of CE biannually
Up to 12 classroom hours of CE for each inactive
year to reinstate an inactive license
Real Estate Brokers and Sales Associates 14 hours of CE biannually
12 hours of CE for each inactive year to reinstate
an inactive license
45 hours for sales associates before the first
renewal after initial licensure
60 hours for brokers before the first renewal after
initial licensure
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
21
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Licensure Renewal Period
Current law requires licensees under DBPR and DACS to renew their professional licensure as follows:102
Profession License Renewal Frequency
Public Accountants Biannually
Architects Biannually
Asbestos Contractors Biannually
Auctioneers Biannually
Barbers Biannually
Building Code Administrators and Inspectors Biannually
Cosmetologists Biannually
Community Association Managers Biannually
Construction Contractors Biannually
Electrical Contractors Biannually
Employee Leasing Companies Biannually
Engineers Biannually
Geologists Biannually
Harbor Pilots Biannually
Health Studios Annually
Home Inspectors Biannually
Interior Designers Biannually
Intrastate Moving Biannually
Landscape Architects Biannually
Mold Related Services Biannually
Motor Vehicle Repair Shops Biannually
Pawnshops and Pawnbrokers Annually
Private Investigative, Private Security, and Repossession Services Biannually
Real Estate Appraisers Biannually
Real Estate Brokers, Sales Associates, and Schools Biannually
Sellers of Travel Annually
Surveyors and Mappers Biannually
Talent Agents Annually
Veterinarians Biannually
Yacht and Ship Brokers Biannually
Florida Department of Law Enforcement
The Florida Department of Law Enforcement (FDLE) is a state agency created in 1969 to provide investigative,
forensic, and criminal justice services in support of Florida’s law enforcement community.103 FDLE operates under
the direction of the Florida Cabinet and maintains its headquarters in Tallahassee, with regional operations
throughout the state. FDLE’s mission is to promote public safety and strengthen domestic security by providing
services to local, state, and federal agencies.104
FDLE is responsible for processing criminal history background checks and fingerprint submissions for a wide
range of professions and regulatory programs, including those involving licensure and employment eligibility.105
102 Ss. 310.121, 326.004, 468.3851, 468.404, 468.4336, 468.527, 468.627, 468.8315, 468.8415, 469.009, 471.017, 473.311,
474.211, 475.182, 475.618, 476.154, 477.019, 481.215, 481.313, 489.115, 489.517, 492.109, 493.6111, 501.015, 507.03,
539.001, 559.904, 559.928, F.S.
103 S. 943.03, F.S.
104 Florida Department of Law Enforcement, About FDLE – General Information, https://www.fdle.state.fl.us/about-
us/general-information (last visited Dec. 2, 2025)
105 S. 943.053, F.S.
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The agency is authorized to exchange fingerprint data with the United States Department of Justice as part of
national criminal history checks.106
As part of Florida’s oversight of the insurance industry, the FDLE provides access to criminal history information to
noncriminal justice agencies, such as the Department of Financial Services (DFS), for use in evaluating insurance
licensure applications.107 Individuals applying for licenses—such as insurance agents, adjusters, and other
regulated professionals—must submit to fingerprint-based background screenings.108 Fingerprints must be
submitted electronically through a LiveScan vendor approved by FDLE.109 FDLE processes the fingerprints and
transmits the results to the appropriate licensing authority, typically DFS, to determine the applicant’s eligibility.110
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/HB 1461 - Industries and Professional Yarkosky, Esposito Click or tap here to enter text.
Activities
2025 CS/CS/HB 991 - Community and Economic Giallombardo Click or tap here to enter text.
Development
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Bunnell
Subcommittee
State Administration Budget
Subcommittee
Commerce Committee
106 S. 943.054, F.S.
107 S. 943.053(3), F.S.
108 S. 626.171(4), F.S.
109 Florida Department of Financial Services, Fingerprinting Information,
https://www.myfloridacfo.com/division/agents/licensing/agents-and-adjusters/fingerprinting-information (last visited Dec.
2, 2025).
110 Id.
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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
HB 607 2026
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 changing the office locations of certain divisions;
8 prohibiting extension or renewal of certain leases;
9 requiring the department to provide to the Division of
10 Professions a summary of changes to statutory law
11 within a specified time period after adjournment of
12 session; repealing ss. 310.011, 310.032, 310.042,
13 455.2124, 455.2228, 468.384, 468.399, 468.4315,
14 468.4337, 468.4338, 468.521, 468.522, 468.523,
15 468.605, 468.8316, 468.8416, 471.0195, 472.007,
16 472.008, 472.009, 472.017, 472.018, 472.019, 473.303,
17 474.204, 474.205, 474.206, 475.02, 475.03, 475.04,
18 475.045, 475.05, 475.10, 476.054, 476.064, 477.015,
19 481.205, 481.2055, 481.305, 482.243, 489.107, 489.507,
20 492.103, 499.01211, 559.9221, and 570.81, F.S.,
21 relating to the Board of Pilot Commissioners; oath of
22 members of the Board of Pilot Commissioners;
23 organization and meetings of the board; proration of
24 continuing education; barbers and cosmetologists and
25 instruction on HIV and AIDS; the Florida Board of
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26 Auctioneers; expenditure of excess funds; the
27 Regulatory Council of Community Association Managers;
28 continuing education; reactivation and continuing
29 education; the Board of Employee Leasing Companies
30 membership, appointments, and terms; rules of the
31 board; applicability of s. 20.165 and chapter 455; the
32 Florida Building Code Administrators and Inspectors
33 Board; continuing education; Florida Building Code
34 training for engineers; the Board of Professional
35 Surveyors and Mappers; rules of the board; board
36 headquarters; continuing education; continuing
37 education for reactivating a license; the Board of
38 Veterinary Medicine; board headquarters; renewal of
39 license; the Board of Accountancy; the Barbers' Board;
40 organization, headquarters, personnel, and meetings of
41 the board; the Board of Cosmetology; the Board of
42 Architecture and Interior Design; authority of the
43 board to make rules; the Florida Real Estate
44 Commission; delegation of powers and duties; legal
45 services; duty of commission to educate members of
46 profession; the Florida Real Estate Commission
47 Education and Research Foundation; power of commission
48 to enact bylaws and rules and decide questions of
49 practice; seal; the Board of Landscape Architecture;
50 the Pest Control Enforcement Advisory Council; the
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51 Construction Industry Licensing Board; the Electrical
52 Contractors' Licensing Board; the Board of
53 Professional Geologists; the Drug Wholesale
54 Distributor Advisory Council; the Motor Vehicle Repair
55 Advisory Council; and the Agricultural Economic
56 Development Project Review Committee, respectively;
57 amending ss. 120.54, 212.08, 215.5586, 215.55871,
58 309.01, 310.0015, 310.002, 310.051, 310.061, 310.071,
59 310.073, 310.075, 310.081, 310.101, 310.102, 310.111,
60 310.121, 310.131, 310.142, 310.151, 310.183, 310.185,
61 326.002, 326.006, 376.303, 381.0065, 403.868,
62 403.9329, 440.02, 448.26, 455.203, 455.271, 468.382,
63 468.385, 468.3851, 468.3852, 468.3855, 468.386,
64 468.387, 468.388, 468.389, 468.392, 468.393, 468.395,
65 468.396, 468.397, 468.398, 468.404, 468.407, 468.431,
66 468.433, 468.4336, 468.435, 468.436, 468.520, 468.522,
67 468.524, 468.5245, 468.525, 468.526, 468.527,
68 468.5275, 468.529, 468.530, 468.531, 468.532, 468.603,
69 468.606, 468.607, 468.613, 468.619, 468.621, 468.627,
70 468.629, 468.631, 468.8312, 468.8315, 468.8412,
71 468.8415, 468.8417, 468.8419, 469.004, 469.012,
72 469.013, 471.011, 471.017, 471.019, 471.045, 472.003,
73 472.005, 472.006, 472.011, 472.0202, 472.0203,
74 473.302, 473.3035, 473.304, 473.305, 473.306, 473.309,
75 473.3101, 473.311, 473.3125, 473.313, 473.314,
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76 473.315, 473.316, 473.319, 473.3205, 473.321, 473.322,
77 473.323, 474.202, 474.2065, 474.207, 474.211,
78 474.2125, 474.213, 474.214, 474.215, 474.216,
79 474.2165, 474.217, 474.221, 475.451, 476.034, 476.074,
80 476.114, 476.134, 476.144, 476.154, 476.155, 476.192,
81 476.204, 476.214, 476.234, 477.013, 477.0135, 477.016,
82 477.018, 477.019, 477.0201, 477.0212, 477.022,
83 477.025, 477.026, 477.0263, 477.028, 477.029, 481.203,
84 481.207, 481.209, 481.211, 481.215, 481.217, 481.219,
85 481.221, 481.222, 481.223, 481.225, 481.2251, 481.303,
86 481.306, 481.307, 481.309, 481.310, 481.311, 481.313,
87 481.315, 481.317, 481.323, 481.325, 489.103, 489.105,
88 489.108, 489.109, 489.111, 489.113, 489.1131,
89 489.1136, 489.114, 489.115, 489.116, 489.117, 489.118,
90 489.119, 489.1195, 489.121, 489.126, 489.127, 489.129,
91 489.131, 489.132, 489.133, 489.1401, 489.1402,
92 489.141, 489.142, 489.1425, 489.143, 489.1455,
93 489.146, 489.505, 489.509, 489.510, 489.511, 489.513,
94 489.514, 489.515, 489.516, 489.5161, 489.517, 489.518,
95 489.5185, 489.519, 489.520, 489.521, 489.522, 489.523,
96 489.525, 489.533, 489.5335, 489.537, 489.552, 492.102,
97 492.104, 492.105, 492.1051, 492.106, 492.107, 492.108,
98 492.109, 492.1101, 492.111, 492.113, 493.6101,
99 493.6105, 493.6106, 493.6111, 493.6113, 493.6116,
100 493.6118, 493.6120, 493.6123, 493.6201, 493.6202,
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101 493.6203, 493.6301, 493.6302, 493.6303, 493.6304,
102 493.631, 493.6401, 493.6402, 493.6403, 493.6406,
103 499.067, 501.015, 501,609, 507.03, 514.0315, 514.075,
104 527,03, 539.001, 553.79, 553.791, 553.998, 559.904,
105 559.928, 627.192, 633.216, and 713.01, F.S.; providing
106 licensing authority to the department rather than
107 licensing boards; removing continuing education
108 requirements; revising licensure renewal periods;
109 conforming provisions to changes made by the act;
110 amending s. 259.1053, F.S.; removing the Babcock Ranch
111 Advisory Group; amending s. 339.035, F.S.; revising
112 the requirements for accessibility of elevators for
113 the physically handicapped; amending s. 455.02, F.S.;
114 specifying that certain license application
115 requirements apply only to certain professions;
116 amending s. 468.609, F.S.; revising the standards for
117 certification as a building code inspector or plans
118 examiner; amending s. 471.007, F.S.; providing for
119 abolishment of the Board of Professional Engineers;
120 amending s. 471.015, F.S.; revising who the department
121 must certify as qualified for a license by endorsement
122 for the practice of engineering; amending s. 473.308,
123 F.S.; revising the education and work experience
124 requirements for a certified public accountant
125 license; directing the department to prescribe
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126 specified coursework for licensure; revising
127 requirements for licensure by endorsement; removing
128 provisions relating to licensure of applicants with
129 work experience in foreign countries; providing
130 applicability; creating s. 473.3085, F.S.; requiring
131 an international applicant who seeks licensure as a
132 certified public accountant in this state to meet
133 specified criteria prescribed by the department;
134 requiring such applicants to apply to the department;
135 requiring such applicants to create and maintain an
136 online account with the department; providing that the
137 applicant's e-mail address serves as the primary means
138 of communication from the department; requiring an
139 applicant to submit any change in certain information
140 within a specified timeframe through the department's
141 online system; requiring the department to certify an
142 applicant who meets certain requirements; requiring
143 the department to adopt rules; amending s. 473.3141,
144 F.S.; revising requirements for certified public
145 accountants licensed in another state or a territory
146 of the United States to practice in this state without
147 obtaining a license; amending s. 474.2021, F.S.;
148 revising requirements relating to prescriptions by
149 veterinarians practicing telehealth; providing
150 licensing authority to the department rather than
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151 licensing boards; amending s. 475.17, F.S.; removing
152 postlicensure education requirements for brokers,
153 broker associates, and sales associates; amending ss.
154 475.175 and 475.180, F.S.; conforming provisions to
155 changes made by the act; amending s. 475.182, F.S.;
156 removing continuing education requirements for
157 licensure renewal as a broker, a broker associate, and
158 a sales associate; amending s. 475.183, F.S.; removing
159 continuing education requirements for licensure
160 renewal due to inactive status; amending ss. 475.25,
161 475.611, 475.612, 475.614, 475.6145, 475.6147,
162 475.615, 475.617, 475.6171, 475.618, 475.619, 475.621,
163 475.6222, 475.6235, 475.624, 475.6245, 475.625,
164 475.626, 475.627, 475.628, 475.629, 475.630, 475.631,
165 F.S.; revising provisions pertaining to the board to
166 transfer powers, duties, and responsibilities of the
167 board to the Department of Business and Professional
168 Regulation; amending s. 475.613, F.S.; granting
169 certain authority to the department, rather than the
170 Florida Real Estate Appraisal Board; amending s.
171 476.184, F.S.; requiring the department to adopt
172 rules; requiring a mobile barbershop to comply with
173 all licensure and operating requirements that apply to
174 a barbershop at a fixed location; providing an
175 exception; requiring a mobile barbershop to have a
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176 permanent business address in a specified location;
177 requiring that certain records be kept at the
178 permanent business address; requiring a mobile
179 barbershop licenseholder to file with the department a
180 written monthly itinerary that provides certain
181 information; requiring that a licenseholder comply
182 with certain laws and ordinances; amending s. 476.188,
183 F.S.; providing that a barbershop must be licensed
184 with the department, rather than registered;
185 authorizing the practice of barbering to be performed
186 in a location other than a licensed barbershop under
187 certain circumstances; amending s. 481.213, F.S.;
188 revising who the department shall certify as qualified
189 for a license by endorsement in the practice of
190 architecture; amending s. 481.321, F.S.; revising
191 provisions relating to seals and display of
192 certificate number of registered landscape architects;
193 amending s. 499.012, F.S.; revising permit application
194 requirements for sale, transfer, assignment, or lease;
195 removing permit application requirements for a
196 prescription drug wholesale distributor to include a
197 designated representative; amending s. 499.0121, F.S.;
198 removing a designated representative as a responsible
199 person who must be listed by a wholesale distributor;
200 amending s. 499.041, F.S.; removing a requirement that
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201 the department assess each person applying for
202 certification as a designated representative a fee,
203 plus the cost of processing a criminal history record
204 check; creating s. 624.341, F.S.; providing
205 legislative findings; requiring the Department of Law
206 Enforcement to accept and process certain
207 fingerprints; specifying procedures for submitting and
208 processing fingerprints; providing fees for
209 fingerprinting; authorizing the department to exchange
210 certain records with the Office of Insurance
211 Regulation for certain purposes; specifying that
212 fingerprints must be submitted in accordance with
213 certain rules; authorizing fingerprints to be
214 submitted through a third-party vendor authorized by
215 the department; requiring the department to conduct
216 certain background checks; requiring certain
217 background checks to be conducted through the Federal
218 Bureau of Investigation; requiring that fingerprints
219 be submitted and entered into a specified system;
220 specifying who bears the costs of fingerprint
221 processing; requiring the office to review certain
222 background checks results and to make certain
223 determinations; requiring that certain criminal
224 history records be used by the office for certain
225 purposes; amending s. 468.609, F.S.; revising the
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226 standards for certification as a building code
227 inspector or plans examiner; amending s. 471.007,
228 F.S.; providing for abolishment of the Board of
229 Professional Engineers; amending s. 471.015, F.S.;
230 revising who the department must certify as qualified
231 for a license by endorsement for the practice of
232 engineering; amending s. 473.308, F.S.; revising the
233 education and work experience requirements for a
234 certified public accountant license; directing the
235 department to prescribe specified coursework for
236 licensure; revising requirements for licensure by
237 endorsement; removing provisions relating to licensure
238 of applicants with work experience in foreign
239 countries; providing applicability; creating s.
240 473.3085, F.S.; requiring an international applicant
241 who seeks licensure as a certified public accountant
242 in this state to meet specified criteria prescribed by
243 the department; requiring such applicants to apply to
244 the department; requiring such applicants to create
245 and maintain an online account with the department;
246 providing that the applicant's e-mail address serves
247 as the primary means of communication from the
248 department; requiring an applicant to submit any
249 change in certain information within a specified
250 timeframe through the department's online system;
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251 requiring the department to certify an applicant who
252 meets certain requirements; requiring the department
253 to adopt rules; amending s. 473.312, F.S.; conforming
254 provisions to changes made by the act; amending s.
255 473.3141, F.S.; revising requirements for certified
256 public accountants licensed in another state or a
257 territory of the United States to practice in this
258 state without obtaining a license; amending s.
259 474.2021, F.S.; revising requirements relating to
260 prescriptions by veterinarians practicing telehealth;
261 providing licensing authority to the department rather
262 than licensing boards; amending s. 475.17, F.S.;
263 removing postlicensure education requirements for
264 brokers, broker associates, and sales associates;
265 amending ss. 475.175 and 475.180, F.S.; conforming
266 provisions to changes made by the act; amending s.
267 475.182, F.S.; removing continuing education
268 requirements for licensure renewal as a broker, a
269 broker associate, and a sales associate; amending s.
270 475.183, F.S.; removing continuing education
271 requirements for licensure renewal due to inactive
272 status; amending ss. 475.25, 475.611, 475.612,
273 475.614, 475.6145, 475.6147, 475.615, 475.617,
274 475.6171, 475.618, 475.619, 475.621, 475.6222,
275 475.6235, 475.624, 475.6245, 475.625, 475.626,
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276 475.627, 475.628, 475.629, 475.630, and 475.631, F.S.;
277 revising provisions pertaining to the board to
278 transfer powers, duties, and responsibilities of the
279 board to the department; amending s. 475.613, F.S.;
280 granting certain authority to the department, rather
281 than the Florida Real Estate Appraisal Board; amending
282 s. 476.184, F.S.; requiring the department to adopt
283 rules; requiring a mobile barbershop to comply with
284 all licensure and operating requirements that apply to
285 a barbershop at a fixed location; providing an
286 exception; requiring a mobile barbershop to have a
287 permanent business address in a specified location;
288 requiring that certain records be kept at the
289 permanent business address; requiring a mobile
290 barbershop licenseholder to file with the department a
291 written monthly itinerary that provides certain
292 information; requiring that a licenseholder comply
293 with certain laws and ordinances; amending s. 476.188,
294 F.S.; providing that a barbershop must be licensed
295 with the department, rather than registered;
296 authorizing the practice of barbering to be performed
297 in a location other than a licensed barbershop under
298 certain circumstances; amending s. 481.213, F.S.;
299 revising who the department shall certify as qualified
300 for a license by endorsement in the practice of
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301 architecture; amending s. 481.321, F.S.; revising
302 provisions relating to seals and display of
303 certificate number of registered landscape architects;
304 amending s. 499.012, F.S.; revising permit application
305 requirements for sale, transfer, assignment, or lease;
306 removing permit application requirements for a
307 prescription drug wholesale distributor to include a
308 designated representative; amending s. 499.0121, F.S.;
309 removing a designated representative as a responsible
310 person who must be listed by a wholesale distributor;
311 amending s. 499.041, F.S.; removing a requirement that
312 the department assess each person applying for
313 certification as a designated representative a fee,
314 plus the cost of processing a criminal history record
315 check; creating s. 624.341, F.S.; providing
316 legislative findings; requiring the Department of Law
317 Enforcement to accept and process certain
318 fingerprints; specifying procedures for submitting and
319 processing fingerprints; providing fees for
320 fingerprinting; authorizing the department to exchange
321 certain records with the Office of Insurance
322 Regulation for certain purposes; specifying that
323 fingerprints must be submitted in accordance with
324 certain rules; authorizing fingerprints to be
325 submitted through a third-party vendor authorized by
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326 the department; requiring the department to conduct
327 certain background checks; requiring certain
328 background checks to be conducted through the Federal
329 Bureau of Investigation; requiring that fingerprints
330 be submitted and entered into a specified system;
331 specifying who bears the costs of fingerprint
332 processing; requiring the office to review certain
333 background check results and to make certain
334 determinations; requiring that certain criminal
335 history records be used by the office for certain
336 purposes; providing effective dates.
337
338 Be It Enacted by the Legislature of the State of Florida:
339
340 Section 1. Section 20.165, Florida Statutes, is amended to
341 read:
342 20.165 Department of Business and Professional
343 Regulation.—There is created a Department of Business and
344 Professional Regulation.
345 (1) The head of the Department of Business and
346 Professional Regulation is the Secretary of Business and
347 Professional Regulation. The secretary shall be appointed by the
348 Governor, subject to confirmation by the Senate. The secretary
349 shall serve at the pleasure of the Governor.
350 (2) The following divisions of the Department of Business
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351 and Professional Regulation are established:
352 (a) Division of Administration.
353 (b) Division of Alcoholic Beverages and Tobacco.
354 (c) Division of Certified Public Accounting.
355 1. The director of the division shall be appointed by the
356 secretary of the department, subject to approval by a majority
357 of the Board of Accountancy.
358 2. Effective at the termination of any lease in effect on
359 December 31, 2025, the offices of the division shall be located
360 in Tallahassee Gainesville. Such a lease may not be extended or
361 renewed.
362 (d) Division of Drugs, Devices, and Cosmetics.
363 (e) Division of Florida Condominiums, Timeshares, and
364 Mobile Homes.
365 (f) Division of Hotels and Restaurants.
366 (g) Division of Professions.
367 (h) Division of Real Estate.
368 1. The director of the division shall be appointed by the
369 secretary of the department, subject to approval by a majority
370 of the Florida Real Estate Commission.
371 2. Effective at the termination of any lease in effect on
372 December 31, 2025, the offices of the division shall be located
373 in Tallahassee Orlando. Such a lease may not be extended or
374 renewed.
375 (i) Division of Regulation.
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376 (j) Division of Technology.
377 (k) Division of Service Operations.
378 (3) The secretary shall appoint a director for each
379 division established within this section. Each division director
380 shall directly administer the division and shall be responsible
381 to the secretary. The secretary may appoint deputy and assistant
382 secretaries as necessary to aid the secretary in fulfilling the
383 secretary's statutory obligations.
384 (4)(a) The following boards and programs are established
385 within the Division of Professions:
386 (a)1. Board of Architecture and Interior Design licensing
387 program, created under parts part I and II of chapter 481.
388 (b)2. Florida Board of Auctioneers licensing program,
389 created under part VI of chapter 468.
390 (c)3. Barbers' licensing program Board, created under
391 chapter 476.
392 (d)4. Florida Building Code Administrators and Inspectors
393 licensing program Board, created under part XII of chapter 468.
394 (e)5. Construction Industry licensing program Board,
395 created under part I of chapter 489.
396 (f)6. Board of Cosmetology licensing program, created
397 under chapter 477.
398 (g)7. Electrical Contractors' licensing program Board,
399 created under part II of chapter 489.
400 (h)8. Board of Employee Leasing Companies licensing
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401 program, created under part XI of chapter 468.
402 (i)9. Board of Landscape Architecture licensing program,
403 created under part II of chapter 481.
404 (j)10. Board of Pilot Commissioners licensing program,
405 created under chapter 310.
406 (k)11. Board of Professional Engineers, created under
407 chapter 471.
408 (l)12. Board of Professional Geologists licensing program,
409 created under chapter 492.
410 (m)13. Board of Veterinary Medicine licensing program,
411 created under chapter 474.
412 (n)14. Home inspection services licensing program, created
413 under part XV of chapter 468.
414 (o)15. Mold-related services licensing program, created
415 under part XVI of chapter 468.
416 (p) Talent agency licensing program, created under part
417 VII of chapter 468.
418 (q) The Florida Building Commission, created under chapter
419 553.
420 (r) The Community Association Managers licensing program,
421 created under part VIII of chapter 468.
422 (s) Yacht and ship brokers licensing program, created
423 under chapter 326.
424 (b) The following board and commission are established
425 within the Division of Real Estate:
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426 1. Florida Real Estate Appraisal Board, created under part
427 II of chapter 475.
428 2. Florida Real Estate Commission, created under part I of
429 chapter 475.
430 (c) The following board is established within the Division
431 of Certified Public Accounting: Board of Accountancy, created
432 under chapter 473.
433 (5) The members of each board established pursuant to
434 subsection (4) shall be appointed by the Governor, subject to
435 confirmation by the Senate. Consumer members on the board shall
436 be appointed pursuant to subsection (6). Members shall be
437 appointed for 4-year terms, and such terms shall expire on
438 October 31. However, a term of less than 4 years may be utilized
439 to ensure that:
440 (a) No more than two members' terms expire during the same
441 calendar year for boards consisting of seven or eight members.
442 (b) No more than 3 members' terms expire during the same
443 calendar year for boards consisting of 9 to 12 members.
444 (c) No more than 5 members' terms expire during the same
445 calendar year for boards consisting of 13 or more members.
446
447 A member whose term has expired shall continue to serve on the
448 board until such time as a replacement is appointed. A vacancy
449 on the board shall be filled for the unexpired portion of the
450 term in the same manner as the original appointment. No member
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451 may serve for more than the remaining portion of a previous
452 member's unexpired term, plus two consecutive 4-year terms of
453 the member's own appointment thereafter.
454 (6) Each board with five or more members shall have at
455 least two consumer members who are not, and have never been,
456 members or practitioners of the profession regulated by such
457 board or of any closely related profession. Each board with
458 fewer than five members shall have at least one consumer member
459 who is not, and has never been, a member or practitioner of the
460 profession regulated by such board or of any closely related
461 profession.
462 (7) No board, with the exception of joint
463 coordinatorships, shall be transferred from its present location
464 unless authorized by the Legislature in the General
465 Appropriations Act.
466 (5)(8) Notwithstanding any other provision of law, the
467 department shall is authorized to establish uniform application
468 forms and certificates of licensure for use by the divisions
469 within the department. However, Nothing in this subsection does
470 not authorize authorizes the department to vary any substantive
471 requirements, duties, or eligibilities for licensure or
472 certification as provided by law.
473 (6)(9)(a) All employees authorized by the Division of
474 Alcoholic Beverages and Tobacco shall have access to, and shall
475 have the right to inspect, premises licensed by the division, to
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476 collect taxes and remit them to the officers entitled to them,
477 and to examine the books and records of all licensees. The
478 authorized employees shall require of each licensee strict
479 compliance with the laws of this state relating to the
480 transaction of such business.
481 (b) Each employee serving as a law enforcement officer for
482 the division must meet the qualifications for employment or
483 appointment as a law enforcement officer set forth under s.
484 943.13 and must be certified as a law enforcement officer by the
485 Department of Law Enforcement under chapter 943. Upon
486 certification, each law enforcement officer is subject to and
487 has the same authority as provided for law enforcement officers
488 generally in chapter 901 and has statewide jurisdiction. Each
489 officer also has arrest authority as provided for state law
490 enforcement officers in s. 901.15. Each officer possesses the
491 full law enforcement powers granted to other peace officers of
492 this state, including the authority to make arrests, carry
493 firearms, serve court process, and seize contraband and the
494 proceeds of illegal activities.
495 1. The primary responsibility of each officer appointed
496 under this section is to investigate, enforce, and prosecute,
497 throughout this the state, violations and violators of parts I
498 and II of chapter 210, part VII of chapter 559, and chapters
499 561-569, and the rules adopted thereunder, as well as other
500 state laws that the division, all state law enforcement
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501 officers, or beverage enforcement agents are specifically
502 authorized to enforce.
503 2. The secondary responsibility of each officer appointed
504 under this section is to enforce all other state laws, provided
505 that the enforcement is incidental to exercising the officer's
506 primary responsibility as provided in subparagraph 1., and the
507 officer exercises the powers of a deputy sheriff, only after
508 consultation or coordination with the appropriate local
509 sheriff's office or municipal police department or when the
510 division participates in the Florida Mutual Aid Plan during a
511 declared state emergency.
512 (7) The Department of Business and Professional Regulation
513 shall provide, via e-mail, to each person licensed by the
514 department, as promptly as possible after the adjournment sine
515 die of the regular session of the Legislature, a summary of
516 changes to existing law relating to each business and profession
517 and the effective date of each change.
518 Section 2. Sections 310.011, 310.032, 310.042, 455.2124,
519 455.2228, 468.384, 468.399, 468.4315, 468.4337, 468.4338,
520 468.521, 468.522, 468.523, 468.605, 468.8316, 468.8416,
521 471.0195, 472.007, 472.008, 472.009, 472.017, 472.018, 472.019,
522 473.303, 474.204, 474.205, 474.206, 475.02, 475.03, 475.04,
523 475.045, 475.05, 475.10, 476.054, 476.064, 477.015, 481.205,
524 481.2055, 481.305, 482.243, 489.107, 489.507, 492.103,
525 499.01211, 559.9221, and 570.81, Florida Statutes, are repealed.
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526 Section 3. Paragraph (c) of subsection (3) of section
527 120.54, Florida Statutes, is amended to read:
528 120.54 Rulemaking.—
529 (3) ADOPTION PROCEDURES.—
530 (c) Hearings.—
531 1. If the intended action concerns any rule other than one
532 relating exclusively to procedure or practice, the agency shall,
533 on the request of any affected person received within 21 days
534 after the date of publication of the notice of intended agency
535 action, give affected persons an opportunity to present evidence
536 and argument on all issues under consideration. The agency may
537 schedule a public hearing on the rule and, if requested by any
538 affected person, shall schedule a public hearing on the rule.
539 When a public hearing is held, the agency must ensure that staff
540 are available to explain the agency's proposal and to respond to
541 questions or comments regarding the rule. If the agency head is
542 a board, licensing program, or commission or other collegial
543 body created under s. 20.165(4) or s. 20.43(3)(g), and one or
544 more requested public hearings is scheduled, the board,
545 licensing program, or commission or other collegial body shall
546 conduct at least one of the public hearings itself and may not
547 delegate this responsibility without the consent of those
548 persons requesting the public hearing. Any material pertinent to
549 the issues under consideration submitted to the agency within 21
550 days after the date of publication of the notice or submitted to
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551 the agency between the date of publication of the notice and the
552 end of the final public hearing shall be considered by the
553 agency and made a part of the record of the rulemaking
554 proceeding.
555 2. Rulemaking proceedings shall be governed solely by the
556 provisions of this section unless a person timely asserts that
557 the person's substantial interests will be affected in the
558 proceeding and affirmatively demonstrates to the agency that the
559 proceeding does not provide adequate opportunity to protect
560 those interests. If the agency determines that the rulemaking
561 proceeding is not adequate to protect the person's interests, it
562 shall suspend the rulemaking proceeding and convene a separate
563 proceeding under the provisions of ss. 120.569 and 120.57.
564 Similarly situated persons may be requested to join and
565 participate in the separate proceeding. Upon conclusion of the
566 separate proceeding, the rulemaking proceeding shall be resumed.
567 Section 4. Paragraph (ttt) of subsection (7) of section
568 212.08, Florida Statutes, is amended to read:
569 212.08 Sales, rental, use, consumption, distribution, and
570 storage tax; specified exemptions.—The sale at retail, the
571 rental, the use, the consumption, the distribution, and the
572 storage to be used or consumed in this state of the following
573 are hereby specifically exempt from the tax imposed by this
574 chapter.
575 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
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576 entity by this chapter do not inure to any transaction that is
577 otherwise taxable under this chapter when payment is made by a
578 representative or employee of the entity by any means,
579 including, but not limited to, cash, check, or credit card, even
580 when that representative or employee is subsequently reimbursed
581 by the entity. In addition, exemptions provided to any entity by
582 this subsection do not inure to any transaction that is
583 otherwise taxable under this chapter unless the entity has
584 obtained a sales tax exemption certificate from the department
585 or the entity obtains or provides other documentation as
586 required by the department. Eligible purchases or leases made
587 with such a certificate must be in strict compliance with this
588 subsection and departmental rules, and any person who makes an
589 exempt purchase with a certificate that is not in strict
590 compliance with this subsection and the rules is liable for and
591 shall pay the tax. The department may adopt rules to administer
592 this subsection.
593 (ttt) Small private investigative agencies.—
594 1. As used in this paragraph, the term:
595 a. "Private investigation services" has the same meaning
596 as "private investigation," as defined in s. 493.6101(17).
597 b. "Small private investigative agency" means a private
598 investigator licensed under s. 493.6201 which:
599 (I) Employs three or fewer full-time or part-time
600 employees, including those performing services pursuant to an
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601 employee leasing arrangement as defined in s. 468.520 s.
602 468.520(4), in total; and
603 (II) During the previous calendar year, performed private
604 investigation services otherwise taxable under this chapter in
605 which the charges for the services performed were less than
606 $150,000 for all its businesses related through common
607 ownership.
608 2. The sale of private investigation services by a small
609 private investigative agency to a client is exempt from the tax
610 imposed by this chapter.
611 3. The exemption provided by this paragraph may not apply
612 in the first calendar year a small private investigative agency
613 conducts sales of private investigation services taxable under
614 this chapter.
615 Section 5. Paragraph (f) of subsection (1) of section
616 215.5586, Florida Statutes, is amended to read:
617 215.5586 My Safe Florida Home Program.—There is
618 established within the Department of Financial Services the My
619 Safe Florida Home Program. The department shall provide fiscal
620 accountability, contract management, and strategic leadership
621 for the program, consistent with this section. This section does
622 not create an entitlement for property owners or obligate the
623 state in any way to fund the inspection or retrofitting of
624 residential property in this state. Implementation of this
625 program is subject to annual legislative appropriations. It is
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626 the intent of the Legislature that, subject to the availability
627 of funds, the My Safe Florida Home Program provide licensed
628 inspectors to perform hurricane mitigation inspections of
629 eligible homes and grants to fund hurricane mitigation projects
630 on those homes. The department shall implement the program in
631 such a manner that the total amount of funding requested by
632 accepted applications, whether for inspections, grants, or other
633 services or assistance, does not exceed the total amount of
634 available funds. If, after applications are processed and
635 approved, funds remain available, the department may accept
636 applications up to the available amount. The program shall
637 develop and implement a comprehensive and coordinated approach
638 for hurricane damage mitigation pursuant to the requirements
639 provided in this section.
640 (1) HURRICANE MITIGATION INSPECTIONS.—
641 (f) To qualify for selection by the department as a wind
642 certification entity to provide hurricane mitigation
643 inspections, the entity must, at a minimum, meet the following
644 requirements:
645 1. Use hurricane mitigation inspectors who are licensed or
646 certified as:
647 a. A building inspector under s. 468.607;
648 b. A general, building, or residential contractor under s.
649 489.111;
650 c. A professional engineer under s. 471.015;
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651 d. A professional architect under s. 481.213; or
652 e. A home inspector under s. 468.8314 and who have
653 completed at least 3 hours of hurricane mitigation training
654 approved by the department Construction Industry Licensing
655 Board, which training must include hurricane mitigation
656 techniques, compliance with the uniform mitigation verification
657 form, and completion of a proficiency exam.
658 2. Use hurricane mitigation inspectors who also have
659 undergone drug testing and a background screening. The
660 department may conduct criminal record checks of inspectors used
661 by wind certification entities. Inspectors must submit a set of
662 fingerprints to the department for state and national criminal
663 history checks and must pay the fingerprint processing fee set
664 forth in s. 624.501. The fingerprints must be sent by the
665 department to the Department of Law Enforcement and forwarded to
666 the Federal Bureau of Investigation for processing. The results
667 must be returned to the department for screening. The
668 fingerprints must be taken by a law enforcement agency,
669 designated examination center, or other department-approved
670 entity.
671 3. Provide a quality assurance program including a
672 reinspection component.
673 Section 6. Paragraph (b) of subsection (3) of section
674 215.55871, Florida Statutes, is amended to read:
675 215.55871 My Safe Florida Condominium Pilot Program.—There
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676 is established within the Department of Financial Services the
677 My Safe Florida Condominium Pilot Program to be implemented
678 pursuant to appropriations. The department shall provide fiscal
679 accountability, contract management, and strategic leadership
680 for the pilot program, consistent with this section. This
681 section does not create an entitlement for associations or unit
682 owners or obligate the state in any way to fund the inspection
683 or retrofitting of condominiums in the state. Implementation of
684 this pilot program is subject to annual legislative
685 appropriations. It is the intent of the Legislature that the My
686 Safe Florida Condominium Pilot Program provide licensed
687 inspectors to perform inspections for and grants to eligible
688 associations as funding allows.
689 (3) HURRICANE MITIGATION INSPECTORS.—
690 (b) The department shall contract with wind certification
691 entities to provide hurricane mitigation inspections. To qualify
692 for selection by the department as a wind certification entity
693 to provide hurricane mitigation inspections, the entity must, at
694 a minimum, meet all of the following requirements:
695 1. Use hurricane mitigation inspectors who are licensed or
696 certified as:
697 a. A building inspector under s. 468.607;
698 b. A general, building, or residential contractor under s.
699 489.111;
700 c. A professional engineer under s. 471.015;
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701 d. A professional architect under s. 481.213; or
702 e. A home inspector under s. 468.8314 who has completed at
703 least 3 hours of hurricane mitigation training approved by the
704 department Construction Industry Licensing Board, which must
705 include hurricane mitigation techniques, compliance with the
706 uniform mitigation verification form, and completion of a
707 proficiency exam.
708 2. Use hurricane mitigation inspectors who have undergone
709 drug testing and a background screening. The department may
710 conduct criminal record checks of inspectors used by wind
711 certification entities. Inspectors must submit a full set of
712 fingerprints to the department or to a vendor, an entity, or an
713 agency authorized under s. 943.053(13). The department, vendor,
714 entity, or agency shall forward the fingerprints to the
715 Department of Law Enforcement for state processing, and the
716 Department of Law Enforcement shall forward the fingerprints to
717 the Federal Bureau of Investigation for national processing.
718 Fees for state and federal fingerprint processing shall be borne
719 by the inspector. The state cost for fingerprint processing
720 shall be as provided in s. 943.053(3)(e). The results must be
721 returned to the department for screening. The fingerprints must
722 be taken by a law enforcement agency, designated examination
723 center, or other department-approved entity.
724 3. Provide a quality assurance program including a
725 reinspection component.
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726 Section 7. Subsection (1) of section 309.01, Florida
727 Statutes, is amended to read:
728 309.01 Deposit of material in tidewater regulated.—
729 (1) It is not lawful for any person to discharge or cause
730 to be discharged or deposit or cause to be deposited, in the
731 tide or salt waters of any bay, port, harbor, or river of this
732 state, any ballast or material of any kind other than clear
733 stone or rock, free from gravel or pebbles, which said clear
734 stone or rock shall be deposited or discharged only in the
735 construction of enclosures in connection with wharves, piers,
736 quays, jetties, or in the construction of permanent bulkheads
737 connecting the solid and permanent portion of wharves. It is
738 lawful to construct three characters of bulkheads for retention
739 of material in solid wharves. First, clear stone or rock
740 enclosures, or bulkheads, may be built upon all sides to a
741 height not less than 2 1/2 feet above high watermark; and after
742 the enclosures have been made so solid, tight, and permanent as
743 to prevent any sand, mud, gravel, or other material that may be
744 discharged or deposited in them from drifting or escaping
745 through such enclosures, any kind of ballast may be discharged
746 or deposited within the enclosures. The enclosures may be
747 constructed of wood, stone, and rock combined, the stone and
748 rocks to be placed on the outside of the wood to a height not
749 less at any point than 2 1/2 feet above high watermark. Second,
750 a bulkhead may be built by a permanent wharf consisting of
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751 thoroughly creosoted piles not less than 12 inches in diameter
752 at the butt end, to be driven close together and to be capped
753 with timber not less than 10 or 14 inches drift, bolted to each
754 pile, and one or more longitudinal stringers to be placed on the
755 outside of the bulkhead and securely anchored by means of iron
756 rods to piles driven within the bulkheads, clear rock to be on
757 the inside of the bulkhead, to a height of not less than 2 1/2
758 feet above high water; and after this is done, ballast or other
759 material may be deposited within the permanent enclosure so
760 constructed. Third, a bulkhead may be constructed to consist of
761 creosoted piles, as described herein, driven not exceeding 4
762 feet apart from center to center, inside of which two or more
763 longitudinal stringers may be placed and securely bolted to the
764 piles. Inside of these longitudinal pieces, two thicknesses of
765 creosoted sheet piling are to be driven, each course of the
766 sheet piling to make a joint with the other so as to form an
767 impenetrable wharf; and within this permanent bulkhead so
768 constructed, any ballast or other material may be deposited. No
769 Such an enclosure, pier, quay, or jetty may not begin shall be
770 begun until the point at which whereat it is to be built shall
771 have been connected by a substantial wharf with a shore or with
772 a permanent wharf; except that the owners of wharves may at any
773 time, with the consent of the Board of Pilot Commissioners of
774 the Division of Professions of the Department of Business and
775 Professional Regulation, build wharves of clear stone or rock,
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776 or creosoted walls as hereinafter provided, on each side of
777 their wharves from the shore to a point at which the water is
778 not more than 15 feet deep, and when such walls have attained a
779 height of 2 1/2 feet above high watermark and have been securely
780 closed at the deepwater end by stone or creosoted walls of the
781 same height, any kind of ballast may be deposited in them.
782 Nothing contained in this section shall interfere with any
783 rights or privileges now enjoyed by riparian owners. While this
784 section empowers those who desire to construct the several
785 characters of wharves, piers, quays, jetties, and bulkheads
786 provided for and described herein, nothing in this section shall
787 be so construed as to require any person not desiring to
788 construct a permanent wharf by filling up with ballast, stone,
789 or other material to construct under the specifications
790 contained herein; and nothing in this chapter shall be so
791 construed as to prevent any person from constructing any wharf
792 or placing any pilings, logs, or lumber in any waters where the
793 person would have heretofore had the right so to do.
794 Section 8. Subsection (3) of section 310.0015, Florida
795 Statutes, is amended to read:
796 310.0015 Piloting regulation; general provisions.—
797 (3) The rate-setting process, the issuance of licenses
798 only in numbers deemed necessary or prudent by the department
799 board, and other aspects of the economic regulation of piloting
800 established in this chapter are intended to protect the public
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801 from the adverse effects of unrestricted competition which would
802 result from an unlimited number of licensed pilots being allowed
803 to market their services on the basis of lower prices rather
804 than safety concerns. This system of regulation benefits and
805 protects the public interest by maximizing safety, avoiding
806 uneconomic duplication of capital expenses and facilities, and
807 enhancing state regulatory oversight. The system seeks to
808 provide pilots with reasonable revenues, taking into
809 consideration the normal uncertainties of vessel traffic and
810 port usage, sufficient to maintain reliable, stable piloting
811 operations. Pilots have certain restrictions and obligations
812 under this system, including, but not limited to, the following:
813 (a) Pilots may not refuse to provide piloting services to
814 any person or entity that may lawfully request such services,
815 except for justifiable concerns relating to safety, or, in the
816 case of a vessel planning a departure, for nonpayment of
817 pilotage.
818 (b) Pilots may not unilaterally determine the pilotage
819 rates they charge. Such pilotage rates shall instead be
820 determined by the Pilotage Rate Review Committee, in the public
821 interest, as set forth in s. 310.151.
822 (c) Pilots shall maintain or secure adequate pilot boats,
823 office facilities and equipment, dispatch systems, communication
824 equipment and other facilities, and equipment and support
825 services necessary for a modern, dependable piloting operation.
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826 (d) The pilot or pilots in a port shall train and
827 compensate all member deputy pilots in that port. Failure to
828 train or compensate such deputy pilots constitutes a ground for
829 disciplinary action under s. 310.101. Nothing in this subsection
830 may be deemed to create an agency or employment relationship
831 between a pilot or deputy pilot and the pilot or pilots in a
832 port.
833 (e) In any instance of a payment or transfer of funds, a
834 request for the payment or transfer of funds, or a contractual
835 obligation assumed in respect to the payment or transfer of
836 funds from a licensee payor to a pilot or group of pilots, or to
837 any legal entity or fund administered or controlled by or under
838 common control with such pilot or group of pilots, the pilot or
839 group of pilots shall provide to the licensee payor, at the time
840 the payment or transfer or request for the payment or transfer
841 is made or the obligation is assumed in respect to the payment
842 or transfer, a detailed accounting of the specific assets,
843 tangible or intangible, in which an interest is being directly
844 or indirectly purchased or for which the licensee payor is being
845 granted an interest in return for such payment or transfer of
846 funds or such contractual obligation. This paragraph does not
847 apply to either payments or transfers of funds if their
848 aggregate amounts are less than $1,000. As used in this
849 paragraph, "licensee payor" means any current or prospective
850 state pilot or deputy pilot.
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851 Section 9. Subsection (3) of section 310.002, Florida
852 Statutes, is amended to read:
853 310.002 Definitions.—As used in this chapter, except where
854 the context clearly indicates otherwise:
855 (3) "Board" means the Board of Pilot Commissioners.
856 Section 10. Section 310.051, Florida Statutes, is amended
857 to read:
858 310.051 Personnel; employment.—
859 (1) The department may appoint or employ such personnel as
860 may be necessary to assist the department and the board in doing
861 and performing any and all of the powers, duties, and
862 obligations set forth in this chapter. Such personnel need not
863 be licensed state pilots or members of the department board.
864 Such personnel shall be authorized to do and perform such duties
865 and work as may be assigned by the department. Except as
866 otherwise provided in this chapter, the department shall provide
867 all legal services necessary in carrying out the provisions of
868 this chapter.
869 (2) The department shall hire a person knowledgeable and
870 experienced in matters related to piloting. Such person shall
871 act for the department on matters of examination and
872 investigation and, when he or she deems it necessary, in the
873 selection of legal counsel qualified in admiralty law. On an
874 annual basis, the board shall recommend to the department a
875 person knowledgeable and experienced in matters related to
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876 piloting to fill this post, and the department may accept or
877 reject the recommendation. If the department rejects the board's
878 recommendation, the board shall continue to submit
879 recommendations until one is accepted by the department. Unless
880 there is affirmative action by both the board and the
881 department, at the end of each year, the position shall be
882 declared vacant and the board shall submit a new recommendation
883 for a person to fill such position.
884 Section 11. Section 310.061, Florida Statutes, is amended
885 to read:
886 310.061 State pilots; number; cross licensing.—The
887 department board shall determine the number of pilots based on
888 the supply and demand for piloting services and the public
889 interest in maintaining efficient and safe piloting services.
890 Based on the economic conditions of the port, the department
891 board may adopt rules authorizing cross licensing between ports,
892 if this will best serve the public interest.
893 Section 12. Paragraphs (b), (c), and (d) of subsection (1)
894 and subsections (2) and (3) of section 310.071, Florida
895 Statutes, are amended to read:
896 310.071 Deputy pilot certification.—
897 (1) In addition to meeting other requirements specified in
898 this chapter, each applicant for certification as a deputy pilot
899 must:
900 (b) Have successfully completed 12 years of formal
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901 education, as evidenced by a high school diploma or by
902 equivalent evidence thereof that is satisfactory to the
903 department board.
904 (c) Be in good physical and mental health, as evidenced by
905 documentary proof of having satisfactorily passed a complete
906 physical examination administered by a licensed physician within
907 the preceding 6 months. The department board shall adopt rules
908 to establish requirements for passing the physical examination,
909 which rules shall establish minimum standards for the physical
910 or mental capabilities necessary to carry out the professional
911 duties of a certificated deputy pilot. Such standards shall
912 include zero tolerance for any controlled substance regulated
913 under chapter 893 unless that individual is under the care of a
914 physician, an advanced practice registered nurse, or a physician
915 assistant and that controlled substance was prescribed by that
916 physician, advanced practice registered nurse, or physician
917 assistant. To maintain eligibility as a certificated deputy
918 pilot, each certificated deputy pilot must annually provide
919 documentary proof of having satisfactorily passed a complete
920 physical examination administered by a licensed physician. The
921 physician must know the minimum standards and certify that the
922 certificateholder satisfactorily meets the standards. The
923 standards for certificateholders shall include a drug test.
924 (d) Have had maritime experience satisfactory to the
925 department before board prior to taking the examination required
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926 under s. 310.081(2), as evidenced by documentation of the
927 following service while holding a United States Coast Guard
928 license:
929 1. At least 2 years of service at sea during the 5-year
930 period immediately preceding the examination, 1 year of which
931 must have been in at least the capacity of an unlimited second
932 mate;
933 2. At least 2 years of service during the 5-year period
934 immediately preceding the examination in a deepwater United
935 States port as an active first-class unlimited pilot serving on
936 at least an unlimited second mate's license or a license as
937 master of freight and towing vessel of at least 1,600 gross
938 registered tons upon oceans, and acting under authority of a
939 duly constituted governmental regulatory entity;
940 3. At least 2 years of service during the 5-year period
941 immediately preceding the examination as an active first-class
942 unlimited pilot serving on a Great Lakes unlimited master's
943 license;
944 4. At least 2 years of towing experience during the 5-year
945 period immediately preceding the examination, 1 year of which
946 must have been in the capacity of master of a tugboat/barge
947 combination of at least 5,000 gross registered tons, combined
948 tonnage, while holding a license as master of freight and towing
949 vessel of at least 1,600 gross registered tons upon oceans; or
950 5. At least 3 years of experience as a deck watch officer
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951 during the 10-year period immediately preceding the examination,
952 1 year of which in the 5-year period immediately preceding the
953 exam must have been as the commanding officer, executive
954 officer, or operations officer of a United States Navy vessel or
955 a United States Coast Guard vessel of at least 1,600 gross tons,
956 and must currently hold a United States Coast Guard license of
957 at least an unlimited second mate.
958 (2) The department board may adopt rules authorizing
959 equivalent combinations of service from two or more of the areas
960 specified in subparagraphs (1)(d)1., 2., 3., 4., and 5. However,
961 the department board may waive the maritime experience
962 requirements prescribed in paragraph (1)(d) when necessary to
963 fill an opening, provided an applicant meeting such requirements
964 has not applied for the opening and the opening has been
965 advertised more than once.
966 (3) The initial certificate issued to a deputy pilot shall
967 be valid for a period of 12 months, and at the end of this
968 period, the certificate shall automatically expire and may shall
969 not be renewed. During this period, the department board shall
970 thoroughly evaluate the deputy pilot's performance for
971 suitability to continue training and shall make appropriate
972 recommendations to the department. Upon the finding receipt of a
973 favorable evaluation recommendation by the board, the department
974 shall issue a certificate to the deputy pilot, which shall be
975 valid for a period of 2 years. The certificate may be renewed
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976 only two times, except in the case of a fully licensed pilot who
977 is cross-licensed as a deputy pilot in another port, and
978 provided the deputy pilot meets the requirements specified for
979 pilots in paragraph (1)(c).
980 Section 13. Section 310.073, Florida Statutes, is amended
981 to read:
982 310.073 State pilot licensing.—In addition to meeting
983 other requirements specified in this chapter, each applicant for
984 license as a state pilot must:
985 (1) Be at least 21 years of age, as evidenced by a copy of
986 a birth certificate or other legal proof of age.
987 (2) Have successfully completed 12 years of formal
988 education, as evidenced by a high school diploma or by
989 equivalent evidence thereof that is satisfactory to the
990 department board.
991 (3) Be in good physical and mental health, as evidenced by
992 documentary proof of having satisfactorily passed a complete
993 physical examination administered by a licensed physician within
994 the preceding 6 months. The department board shall adopt rules
995 to establish requirements for passing the physical examination,
996 which rules shall establish minimum standards for the physical
997 or mental capabilities necessary to carry out the professional
998 duties of a licensed state pilot. Such standards shall include
999 zero tolerance for any controlled substance regulated under
1000 chapter 893 unless that individual is under the care of a
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1001 physician, an advanced practice registered nurse, or a physician
1002 assistant and that controlled substance was prescribed by that
1003 physician, advanced practice registered nurse, or physician
1004 assistant. To maintain eligibility as a licensed state pilot,
1005 each licensed state pilot must annually provide documentary
1006 proof of having satisfactorily passed a complete physical
1007 examination administered by a licensed physician. The physician
1008 must know the minimum standards and certify that the licensee
1009 satisfactorily meets the standards. The standards for licensees
1010 shall include a drug test.
1011 (4) Have had at least 2 years of service as a deputy pilot
1012 in the port in which license as a licensed state pilot is
1013 desired, which service must have been attained during the period
1014 immediately preceding the examination required under s.
1015 310.081(1). Further, at the time of application, each applicant
1016 must have a valid United States Coast Guard first-class
1017 unlimited pilot's license covering all of the waters of the port
1018 in which license as a state pilot is desired and must have
1019 successfully completed the department-approved board-approved
1020 deputy pilot training program in the port in which license as a
1021 state pilot is desired.
1022 Section 14. Section 310.075, Florida Statutes, is amended
1023 to read:
1024 310.075 Deputy pilot training program.—The licensed state
1025 pilots in each port shall submit to the department board for its
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1026 approval a deputy pilot training program of not less than 2
1027 years' duration, applicable to all deputy pilots appointed to
1028 serve at such port. The following requirements constitute the
1029 parameters within which deputy pilot training programs are to be
1030 established and carried out by the licensed state pilots at all
1031 ports in this state:
1032 (1) Upon receiving his or her appointment, a deputy pilot
1033 must report to the licensed state pilots at the port he or she
1034 is appointed to serve and must serve a period of not less than
1035 90 days as an observer trainee. During such period:
1036 (a) The observer trainee must accompany licensed state
1037 pilots, becoming thoroughly familiar with all of the waters, the
1038 channels, the harbor, and the port under varied conditions.
1039 (b) The observer trainee must obtain a valid United States
1040 Coast Guard first-class unlimited pilot's license covering all
1041 of the waters of the port before the department board may
1042 authorize him or her to pilot vessels within the limits and
1043 specifications established by the licensed state pilots of the
1044 port.
1045 (2) Upon completion of the observer-trainee period, the
1046 deputy pilot must submit to the department board a deputy pilot
1047 vessel handling form for each vessel upon which he or she has
1048 accompanied a licensed state pilot. Each such form must be
1049 signed by the pilot in charge who accompanied the deputy pilot
1050 and must accurately recite:
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1051 (a) The vessel's registry, length, gross tonnage, and
1052 draft;
1053 (b) The name of the berth from which or to which the
1054 vessel was piloted;
1055 (c) The weather and sea conditions encountered;
1056 (d) The time of day;
1057 (e) Any marine incidents required to be reported under s.
1058 310.111; and
1059 (f) The comments of the pilot in charge, including
1060 whether, under his or her supervision, the pilot in charge
1061 turned the navigation of the vessel over to the deputy pilot.
1062 (3) Each request to increase the limits and specifications
1063 under which a deputy pilot is authorized to pilot must be
1064 submitted to the department board and must be accompanied by a
1065 deputy pilot vessel handling form as provided in subsection (2)
1066 for each vessel the deputy pilot has piloted since his or her
1067 limits and specifications were last increased by the department
1068 board.
1069 (4) For successful completion of the deputy pilot training
1070 program, a deputy pilot must have gradually been increased in
1071 his or her authorized limits and specifications until the deputy
1072 pilot has been authorized by the department board to pilot
1073 vessels with a maximum draft of not more than 3 feet less than
1074 the normal maximum draft allowable in the port in which the
1075 deputy pilot is authorized to pilot, as proposed by the licensed
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1076 state pilots in that port and approved by the department board.
1077 Section 15. Section 310.081, Florida Statutes, is amended
1078 to read:
1079 310.081 Department to examine and license state pilots and
1080 certificate deputy pilots; vacancies.—
1081 (1) The department shall examine persons who file
1082 application as state pilot in all matters pertaining to the
1083 management of vessels and in regard to their knowledge of the
1084 channels, waters, harbors, and port where they wish to serve,
1085 and, if upon examination to determine proficiency the department
1086 finds them qualified to pilot all classes of vessels liable to
1087 enter that port and thoroughly familiar with the waters, the
1088 channels, the harbor, and the port, the department shall appoint
1089 and license as state pilots such number of pilots as in the
1090 discretion of the department board are required to act in the
1091 ports of the state. However, the number of pilots appointed and
1092 licensed by the department may shall not exceed the number
1093 provided for in s. 310.061.
1094 (2) The department shall similarly examine persons who
1095 file applications for certificate as deputy pilot, and, if upon
1096 examination to determine proficiency the department finds them
1097 qualified, the department must certify as qualified all
1098 applicants who pass the examination, provided that not more than
1099 five persons who passed the examination are certified for each
1100 declared opening. If more than five applicants per opening pass
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1101 the examination, the persons having the highest scores must be
1102 certified as qualified up to the number of openings times five.
1103 The department shall appoint and certificate such number of
1104 deputy pilots from those applicants deemed qualified as in the
1105 discretion of the department board are required in the
1106 respective ports of the state. A deputy pilot shall be
1107 authorized by the department to pilot vessels within the limits
1108 and specifications established by the licensed state pilots at
1109 the port where the deputy is appointed to serve.
1110 (3) Pilots shall hold their licenses or certificates
1111 pursuant to the requirements of this chapter so long as they:
1112 (a) Possess the qualifications set out in this chapter.
1113 (b) Are in good physical and mental health as evidenced by
1114 documentary proof of having satisfactorily passed a physical
1115 examination administered by a licensed physician or physician
1116 assistant within each calendar year. The department board shall
1117 adopt rules to establish requirements for passing the physical
1118 examination, which rules shall establish minimum standards for
1119 the physical or mental capabilities necessary to carry out the
1120 professional duties of a licensed state pilot or a certificated
1121 deputy pilot. Such standards shall include zero tolerance for
1122 any controlled substance regulated under chapter 893 unless that
1123 individual is under the care of a physician, an advanced
1124 practice registered nurse, or a physician assistant and that
1125 controlled substance was prescribed by that physician, advanced
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1126 practice registered nurse, or physician assistant. To maintain
1127 eligibility as a certificated deputy pilot or licensed state
1128 pilot, each certificated deputy pilot or licensed state pilot
1129 must annually provide documentary proof of having satisfactorily
1130 passed a complete physical examination administered by a
1131 licensed physician. The physician must know the minimum
1132 standards and certify that the certificateholder or licensee
1133 satisfactorily meets the standards. The standards for
1134 certificateholders and for licensees shall include a drug test.
1135 (c) Are subject to a substance abuse program that has been
1136 approved by the department board, which includes provisions for
1137 drug testing.
1138 (d) Attend a board-approved seminar for continuing
1139 education which includes radar certification.
1140 (d)(e) Remain in active service in the ports for which
1141 they are appointed.
1142
1143 Upon resignation or in the case of disability permanently
1144 affecting a pilot's ability to serve, the state license or
1145 certificate issued under this chapter shall be revoked by the
1146 department.
1147 Section 16. Paragraphs (d), (g), and (h) of subsection (1)
1148 and subsections (2), (3), and (4) of section 310.101, Florida
1149 Statutes, are amended to read:
1150 310.101 Grounds for disciplinary action by the department
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1151 board.—
1152 (1) Any act of misconduct, inattention to duty,
1153 negligence, or incompetence; any willful violation of any law or
1154 rule, including the rules of the road, applicable to a licensed
1155 state pilot or certificated deputy pilot; or any failure to
1156 exercise that care which a reasonable and prudent licensed state
1157 pilot or certificated deputy pilot would exercise under the same
1158 or similar circumstances may result in disciplinary action.
1159 Examples of acts by a licensed state pilot or certificated
1160 deputy pilot which constitute grounds for disciplinary action
1161 include, but are not limited to:
1162 (d) Navigating in channels where the depth of water under
1163 the keel is less than the prescribed bottom clearance as
1164 recommended by the licensed state pilots of that port and
1165 approved by the department board.
1166 (g) Making or filing, or inducing another person to make
1167 or file, a report which the pilot knows to be false or
1168 intentionally or negligently failing to file, or willfully
1169 impeding or obstructing the filing of, a report or record
1170 required by state law or by rule of the board or the department.
1171 Such reports or records include only those which are signed by
1172 the pilot in his or her capacity as a licensed state pilot or
1173 certificated deputy pilot.
1174 (h) Being unable to perform the duties of a pilot with
1175 reasonable skill and safety by reason of illness or use of
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1176 alcohol, drugs, narcotics, chemicals, or any other type of
1177 material or as a result of any mental or physical condition such
1178 as, but not limited to, poor eyesight or hearing, heart disease,
1179 or diabetes. In enforcing this paragraph, the department shall
1180 have authority, upon recommendation of the probable cause panel
1181 of the department board, to compel a licensed state pilot or
1182 certificated deputy pilot to submit to a mental or physical
1183 examination by physicians designated by the department. The
1184 failure of a pilot to submit to such an examination when so
1185 directed constitutes an admission of the allegations against the
1186 pilot, unless the failure is due to circumstances beyond his or
1187 her control, consequent upon which an emergency suspension order
1188 may be entered by the department suspending the pilot's license
1189 until he or she complies with the order for a compulsory mental
1190 or physical examination. A licensed state pilot or certificated
1191 deputy pilot affected under this paragraph must be afforded, at
1192 reasonable intervals, an opportunity to demonstrate that he or
1193 she can resume the competent practice of piloting with
1194 reasonable skill and safety.
1195 (2) When the department board finds any person has
1196 committed any act set forth in subsection (1), it may enter an
1197 order imposing one or more of the following penalties:
1198 (a) Refusing to certify to the department an application
1199 for license or certification.
1200 (b) Revoking or suspending the license or certificate.
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1201 (c) Restricting the practice of the violator.
1202 (d) Imposing an administrative fine not to exceed $5,000
1203 for each count or separate offense.
1204 (e) Issuing a reprimand.
1205 (f) Placing the licensed state pilot or certificated
1206 deputy pilot on probation for such period of time and subject to
1207 such conditions as the department board may specify, including,
1208 but not limited to, requiring the pilot to submit to treatment,
1209 submit to additional or remedial training, submit to
1210 reexamination, or undergo a complete physical examination.
1211 (3) The department board shall not reinstate the license
1212 or certificate of a state pilot or deputy pilot or cause a
1213 license or certificate to be issued to a person whom it has
1214 determined to be unqualified until the department board is
1215 satisfied that such person has complied with all the terms and
1216 conditions set forth in the final order and that such person is
1217 capable of safely engaging in the practice of piloting.
1218 (4) In any foreign vessel or foreign trading vessel
1219 movement that an individual holding a state pilot license or
1220 deputy pilot certificate is engaged in directing, whether
1221 movement of the vessel in or out of the port or movement in
1222 close proximity to a dock or any other movement undertaken in
1223 furtherance of his or her piloting duties, such individual is
1224 operating under the authority of his or her state license or
1225 certificate and is accountable to the department board for his
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1226 or her actions.
1227 Section 17. Subsections (4) and (6) of section 310.102,
1228 Florida Statutes, are amended to read:
1229 310.102 Treatment programs for impaired pilots and deputy
1230 pilots.—
1231 (4) In any disciplinary action for a violation other than
1232 impairment, if a pilot or deputy pilot establishes that the
1233 violation for which the pilot or deputy pilot is being
1234 prosecuted was due to or connected with impairment and further
1235 establishes that the pilot or deputy pilot is satisfactorily
1236 progressing through or has successfully completed an approved
1237 treatment program pursuant to this section, such information may
1238 be considered by the department board as a mitigating factor in
1239 determining the appropriate penalty. This subsection does not
1240 limit mitigating factors the department board may consider.
1241 (6) A consultant, licensee, or approved treatment provider
1242 who makes a disclosure pursuant to this section is not subject
1243 to civil liability for such disclosure or its consequences. The
1244 provisions of s. 766.101 apply to any officer, employee, or
1245 agent of the department or the board and to any officer,
1246 employee, or agent of any entity with which the department has
1247 contracted pursuant to this section.
1248 Section 18. Section 310.111, Florida Statutes, is amended
1249 to read:
1250 310.111 Marine incident reports.—Each collision,
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1251 grounding, stranding, or other marine peril sustained or caused
1252 by a vessel on which there was employed a licensed state pilot
1253 or certificated deputy pilot shall be reported to the department
1254 office of the board or the piloting consultant within 48 hours
1255 after of the occurrence. In addition, a written report shall be
1256 submitted to the department on forms and in the manner
1257 prescribed by the department within 7 days after of the
1258 occurrence. However, any marine incident involving oil spillage,
1259 pollution, physical injury, or death shall be reported to the
1260 department board or the piloting consultant by telephone or
1261 telegram within 24 hours after of the occurrence in addition to
1262 submission of the required written report.
1263 Section 19. Section 310.121, Florida Statutes, is amended
1264 to read:
1265 310.121 Application, examination, and biennial fees.—
1266 (1) The department shall, in accordance with rules set by
1267 the department board, assess and collect the following fees:
1268 (a) A fee not to exceed $300 for each application for
1269 licensure as a state pilot or certification as a deputy pilot.
1270 This fee shall be nonrefundable.
1271 (b) A fee not to exceed $300 for each examination for
1272 licensure as a state pilot or certification as a deputy pilot.
1273 (c) A fee not to exceed $300 for each examination review.
1274 (2) The department shall assess and collect biennially
1275 from each licensed state pilot and each certificated deputy
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1276 pilot a fee, not to exceed $200 in the case of a licensed state
1277 pilot or $100 in the case of a certificated deputy pilot, such
1278 fees to be set by the department board.
1279 Section 20. Section 310.131, Florida Statutes, is amended
1280 to read:
1281 310.131 Assessment of percentage of gross pilotage.—The
1282 department shall assess the licensed state pilots in the
1283 respective ports of the state a percentage of the gross amount
1284 of pilotage earned by such pilots during each year, which
1285 percentage will be established by the department board not to
1286 exceed 2 percent, to be paid into the Professional Regulation
1287 Trust Fund by such pilots at such time and in such manner as the
1288 department board prescribes or as is set forth in the General
1289 Appropriations Act. The financial records of all pilots and
1290 deputy pilots relating to pilotage are subject to audit by the
1291 department and the Auditor General. The department shall by rule
1292 set a procedure for verifying the amount of pilotage at each
1293 port and may charge costs to the appropriate port if the port
1294 does not comply with such procedure.
1295 Section 21. Section 310.142, Florida Statutes, is amended
1296 to read:
1297 310.142 Pilotage at St. Marys Entrance.—The department may
1298 exercise board is authorized to enter into an agreement with the
1299 Board of Pilotage Commissioners for the corporate authority of
1300 St. Marys, Georgia, for reciprocal pilotage of vessels in the
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1301 boundary waters and tributaries of St. Marys Entrance.
1302 Section 22. Subsections (1) and (7) of section 310.151,
1303 Florida Statutes, are amended to read:
1304 310.151 Rates of pilotage; Pilotage Rate Review
1305 Committee.—
1306 (1)(a) As used in this section, the term:
1307 1. "committee" means the Pilotage Rate Review Committee
1308 established under this section as part of the Board of Pilot
1309 Commissioners.
1310 2. "Board" means the Board of Pilot Commissioners.
1311 (b) To carry out the provisions of this section, the
1312 Pilotage Rate Review Committee is established as part of the
1313 Board of Pilot Commissioners within the department of Business
1314 and Professional Regulation. The committee shall consist of the
1315 following seven members of the board: two board members who are
1316 licensed state pilots actively practicing their profession, who
1317 shall be appointed by majority vote of the licensed state pilots
1318 serving on the board; two board members who are actively
1319 involved in a professional or business capacity in the maritime
1320 industry, marine shipping industry, or commercial passenger
1321 cruise industry; one board member who is a certified public
1322 accountant with at least 5 years of experience in financial
1323 management; and two board members who are citizens of the state.
1324 (c) Committee members shall comply with the disclosure
1325 requirements of s. 112.3143(4) if participating in any matter
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1326 that would result in special private gain or loss as described
1327 in that subsection.
1328 (d) The committee may has authority to adopt rules
1329 pursuant to ss. 120.536(1) and 120.54 to implement provisions of
1330 this section conferring duties upon it. The department shall
1331 provide the staff required by the committee to carry out its
1332 duties under this section.
1333 (e) All funds received pursuant to this section shall be
1334 placed in the account of the department Board of Pilot
1335 Commissioners, and the department Board of Pilot Commissioners
1336 shall pay for all expenses incurred pursuant to this section.
1337 (7) The decisions of the committee regarding rates are not
1338 appealable to the department board.
1339 Section 23. Section 310.183, Florida Statutes, is amended
1340 to read:
1341 310.183 Immediate inactivation of license or certificate
1342 for certain violations.—The department shall issue an emergency
1343 order placing on inactive status, for a period not to exceed 15
1344 days, the license of any pilot or certificate of any deputy
1345 pilot who, while providing piloting services, is involved in a
1346 marine incident that results in the death of a human or, as
1347 determined by rule of the board, substantial physical injury to
1348 a human or significant property or environmental damage, unless
1349 the department determines that the incident is clearly not the
1350 result of the actions of the pilot or deputy pilot.
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1351 Section 24. Subsection (1) of section 310.185, Florida
1352 Statutes, is amended to read:
1353 310.185 Rulemaking.—
1354 (1) The department may board has authority to adopt rules
1355 pursuant to ss. 120.536(1) and 120.54 to implement the
1356 provisions of this chapter.
1357 Section 25. Subsection (2) of section 326.002, Florida
1358 Statutes, is amended to read:
1359 326.002 Definitions.—As used in ss. 326.001-326.006, the
1360 term:
1361 (2) "Division" means the Division of Professions Florida
1362 Condominiums, Timeshares, and Mobile Homes of the Department of
1363 Business and Professional Regulation.
1364 Section 26. Subsection (3) of section 326.006, Florida
1365 Statutes, is amended to read:
1366 326.006 Powers and duties of division.—
1367 (3) All fees must be deposited in the Professional
1368 Regulation Division of Florida Condominiums, Timeshares, and
1369 Mobile Homes Trust Fund as provided by law.
1370 Section 27. Paragraph (a) of subsection (3) of section
1371 376.303, Florida Statutes, is amended to read:
1372 376.303 Powers and duties of the Department of
1373 Environmental Protection.—
1374 (3) INSPECTION OF POLLUTANT STORAGE TANKS.—
1375 (a) The department may inspect the installation of any
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1376 pollutant storage tank. Any person installing a pollutant
1377 storage tank, as defined in s. 489.105(16) s. 489.105(17), shall
1378 certify that such installation is in accordance with the
1379 standards adopted pursuant to this section. The department shall
1380 promulgate a form for such certification which shall at a
1381 minimum include:
1382 1. A signed statement by the certified pollutant storage
1383 systems contractor, as defined in s. 489.105(2)(p) s.
1384 489.105(3)(p), that such installation is in accordance with
1385 standards adopted pursuant to this section; and
1386 2. Signed statements by the onsite persons performing or
1387 supervising the installation of a pollutant storage tank, which
1388 statements shall be required of tasks that are necessary for the
1389 proper installation of such tank.
1390 Section 28. Paragraph (n) of subsection (3) of section
1391 381.0065, Florida Statutes, is amended to read:
1392 381.0065 Onsite sewage treatment and disposal systems;
1393 regulation.—
1394 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
1395 PROTECTION.—The department shall:
1396 (n) Regulate and permit maintenance entities for
1397 performance-based treatment systems and aerobic treatment unit
1398 systems. To ensure systems are maintained and operated according
1399 to manufacturer's specifications and designs, the department
1400 shall establish by rule minimum qualifying criteria for
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1401 maintenance entities. The criteria shall include training,
1402 access to approved spare parts and components, access to
1403 manufacturer's maintenance and operation manuals, and service
1404 response time. The maintenance entity shall employ a contractor
1405 licensed under s. 489.105(2)(m) s. 489.105(3)(m), or part III of
1406 chapter 489, or a state-licensed wastewater plant operator, who
1407 is responsible for maintenance and repair of all systems under
1408 contract.
1409 Section 29. Section 403.868, Florida Statutes, is amended
1410 to read:
1411 403.868 Requirements by a utility.—A utility may have more
1412 stringent requirements than set by law, including certification
1413 requirements for water distribution systems and domestic
1414 wastewater collection systems operations, except that a utility
1415 may not require a licensed contractor, as defined in s.
1416 489.105(2) s. 489.105(3) to have any additional license for work
1417 in water distribution systems or domestic wastewater collection
1418 systems.
1419 Section 30. Paragraph (e) of subsection (1) of section
1420 403.9329, Florida Statutes, is amended to read:
1421 403.9329 Professional mangrove trimmers.—
1422 (1) For purposes of ss. 403.9321-403.9333, the following
1423 persons are considered professional mangrove trimmers:
1424 (e) Persons licensed under part II of chapter 481. The
1425 Department of Business and Professional Regulation Board of
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1426 Landscape Architecture shall establish appropriate standards and
1427 continuing legal education requirements to assure the competence
1428 of licensees to conduct the activities authorized under ss.
1429 403.9321-403.9333. Trimming by landscape architects as
1430 professional mangrove trimmers is not allowed until the
1431 establishment of standards by the department board. The
1432 department board shall also establish penalties for violating
1433 ss. 403.9321-403.9333. Only those landscape architects who are
1434 certified in the state may qualify as professional mangrove
1435 trimmers under ss. 403.9321-403.9333, notwithstanding any
1436 reciprocity agreements that may exist between this state and
1437 other states;
1438 Section 31. Paragraph (a) of subsection (19) of section
1439 440.02, Florida Statutes, is amended to read:
1440 440.02 Definitions.—When used in this chapter, unless the
1441 context clearly requires otherwise, the following terms shall
1442 have the following meanings:
1443 (19)(a) "Employer" means the state and all political
1444 subdivisions thereof, all public and quasi-public corporations
1445 therein, every person carrying on any employment, and the legal
1446 representative of a deceased person or the receiver or trustees
1447 of any person. The term also includes employee leasing
1448 companies, as defined in s. 468.520(4) s. 468.520(5), and
1449 employment agencies that provide their own employees to other
1450 persons. If the employer is a corporation, parties in actual
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1451 control of the corporation, including, but not limited to, the
1452 president, officers who exercise broad corporate powers,
1453 directors, and all shareholders who directly or indirectly own a
1454 controlling interest in the corporation, are considered the
1455 employer for the purposes of ss. 440.105, 440.106, and 440.107.
1456 Section 32. Section 448.26, Florida Statutes, is amended
1457 to read:
1458 448.26 Application.—Nothing in this part shall exempt any
1459 client of any labor pool or temporary help arrangement entity as
1460 defined in s. 468.520(3)(a) s. 468.520(4)(a) or any assigned
1461 employee from any other license requirements of state, local, or
1462 federal law. Any employee assigned to a client who is licensed,
1463 registered, or certified pursuant to law shall be deemed an
1464 employee of the client for such licensure purposes but shall
1465 remain an employee of the labor pool or temporary help
1466 arrangement entity for purposes of chapters 440 and 443.
1467 Section 33. Section 455.203, Florida Statutes, is amended
1468 to read:
1469 455.203 Department; powers and duties.—Notwithstanding any
1470 other law, for each profession under the jurisdiction of the
1471 department, and for the boards under its jurisdiction, the
1472 department shall:
1473 (1) Adopt rules establishing a procedure for the biennial
1474 renewal of licenses every 4 years; however, the department may
1475 issue up to a 4-year license to selected licensees
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1476 notwithstanding any other provisions of law to the contrary.
1477 Fees for such renewal shall not exceed the fee caps for
1478 individual professions on an annualized basis as authorized by
1479 law.
1480 (2) Appoint the executive director of each board, subject
1481 to the approval of the board.
1482 (3) Submit an annual budget to the Legislature at a time
1483 and in the manner provided by law.
1484 (4) Develop a training program for persons newly appointed
1485 to membership on any board. The program shall familiarize such
1486 persons with the substantive and procedural laws and rules and
1487 fiscal information relating to the regulation of the appropriate
1488 profession and with the structure of the department.
1489 (5) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
1490 implement the provisions of this chapter.
1491 (6) Establish by rule procedures by which the department
1492 shall use the expert or technical advice of the appropriate
1493 board for the purposes of investigation, inspection, evaluation
1494 of applications, other duties of the department, or any other
1495 areas the department may deem appropriate.
1496 (7) Require all proceedings of any board or panel thereof
1497 and all formal or informal proceedings conducted by the
1498 department, an administrative law judge, or a hearing officer
1499 with respect to licensing or discipline to be electronically
1500 recorded in a manner sufficient to assure the accurate
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1501 transcription of all matters so recorded.
1502 (8) Select only those investigators, or consultants who
1503 undertake investigations, who meet criteria established with the
1504 advice of the respective boards.
1505 (9) Work cooperatively with the Department of Revenue to
1506 implement an automated method for periodically disclosing
1507 information relating to current licensees to the Department of
1508 Revenue. The purpose of this subsection is to promote the public
1509 policy of this state as established in s. 409.2551. The
1510 department shall, when directed by the court or the Department
1511 of Revenue pursuant to s. 409.2598, suspend or deny the license
1512 of any licensee found not to be in compliance with a support
1513 order, subpoena, order to show cause, or written agreement
1514 entered into by the licensee with the Department of Revenue. The
1515 department shall issue or reinstate the license without
1516 additional charge to the licensee when notified by the court or
1517 the Department of Revenue that the licensee has complied with
1518 the terms of the support order. The department shall not be held
1519 liable for any license denial or suspension resulting from the
1520 discharge of its duties under this subsection.
1521 (10) Have authority to:
1522 (a) Close and terminate deficient license application
1523 files 2 years after the board or the department notifies the
1524 applicant of the deficiency; and
1525 (b) Approve applications for professional licenses that
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1526 meet all statutory and rule requirements for licensure.
1527 Section 34. Subsections (8) and (9) of section 455.271,
1528 Florida Statutes, are amended to read:
1529 455.271 Inactive and delinquent status.—
1530 (8) Each board, or the department when there is no board,
1531 shall, by rule, impose an additional fee, not to exceed the
1532 biennial renewal fee for an active status license, for
1533 processing a licensee's request to change licensure status at
1534 any time other than at the beginning of a licensure cycle.
1535 (9) Each board, or the department when there is no board,
1536 may, by rule, impose reasonable conditions, excluding full
1537 reexamination but including part of a national examination or a
1538 special purpose examination to assess current competency,
1539 necessary to ensure that a licensee who has been on inactive
1540 status for more than one two consecutive biennial licensure
1541 cycle cycles and who applies for active status can practice with
1542 the care and skill sufficient to protect the health, safety, and
1543 welfare of the public. Reactivation requirements may differ
1544 depending on the length of time licensees are inactive. The
1545 costs to meet reactivation requirements shall be borne by
1546 licensees requesting reactivation.
1547 Section 35. Subsection (4) of section 468.382, Florida
1548 Statutes, is amended to read:
1549 468.382 Definitions.—As used in this act, the term:
1550 (4) "Board" means the Florida Board of Auctioneers.
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1551 Section 36. Subsections (1) and (3) through (7) of section
1552 468.385, Florida Statutes, are amended to read:
1553 468.385 Licenses required; qualifications; examination.—
1554 (1) The department shall license any applicant who the
1555 board certifies is qualified to practice auctioneering.
1556 (3) A No person may not shall be licensed as an auctioneer
1557 or apprentice if he or she:
1558 (a) Is under 18 years of age; or
1559 (b) Has committed any act or offense in this state or any
1560 other jurisdiction which would constitute a basis for
1561 disciplinary action under s. 468.389.
1562 (4) A Any person seeking a license as an auctioneer must
1563 pass a written examination approved by the department board
1564 which tests his or her general knowledge of the laws of this
1565 state relating to provisions of the Uniform Commercial Code that
1566 are relevant to auctions, the laws of agency, and the provisions
1567 of this act.
1568 (5) Each apprentice application and license shall name a
1569 licensed auctioneer who has agreed to serve as the supervisor of
1570 the apprentice. An No apprentice may not conduct, or contract to
1571 conduct, an auction without the express approval of his or her
1572 supervisor. The supervisor shall regularly review the
1573 apprentice's records, which are required by the department board
1574 to be maintained, to determine whether if such records are
1575 accurate and current.
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1576 (6) A No person may not shall be licensed as an auctioneer
1577 unless he or she:
1578 (a) Has held an apprentice license and has served as an
1579 apprentice for 1 year or more, or has completed a course of
1580 study, consisting of not less than 80 classroom hours of
1581 instruction, that meets standards adopted by the department
1582 board;
1583 (b) Has passed the required examination; and
1584 (c) Is approved by the department board.
1585 (7)(a) Any auction that is subject to the provisions of
1586 this part must be conducted by an auctioneer who has an active
1587 license or an apprentice who has an active apprentice auctioneer
1588 license and who has received prior written sponsor consent.
1589 (b) A No business may not shall auction or offer to
1590 auction any property in this state unless it is licensed as an
1591 auction business by the department board or is exempt from
1592 licensure under this act. An Each application for licensure must
1593 shall include the names of the owner and the business, the
1594 business mailing address and location, and any other information
1595 which the department board may require. The owner of an auction
1596 business shall report to the department board within 30 days
1597 after of any change in this required information.
1598 Section 37. Subsection (2) of section 468.3851, Florida
1599 Statutes, is amended to read:
1600 468.3851 Renewal of license.—
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1601 (2) The department shall adopt a procedure for the
1602 biennial renewal of licenses every 4 years.
1603 Section 38. Section 468.3852, Florida Statutes, is amended
1604 to read:
1605 468.3852 Reactivation of license; fee.—The department
1606 board shall prescribe a fee not to exceed $250 for the
1607 reactivation of an inactive license. The fee shall be in
1608 addition to the current biennial renewal fee.
1609 Section 39. Subsections (2) through (5) and (8) of section
1610 468.3855, Florida Statutes, are amended to read:
1611 468.3855 Apprenticeship training requirements.—
1612 (2) Any auctioneer who undertakes the sponsorship of an
1613 apprentice shall ensure that the apprentice receives training as
1614 required by department board rule.
1615 (3) An apprentice must actively participate in auction
1616 sales as required by department board rule, and a record of each
1617 auction for which participation credit is claimed must be made
1618 as required by department board rule.
1619 (4) Apprentices are prohibited from conducting any auction
1620 without the prior express written consent of the sponsor. The
1621 apprentice's sponsor must be present at the auction site at any
1622 time the apprentice is actively participating in the conduct of
1623 the auction. If the apprentice's sponsor cannot attend a
1624 particular auction, the sponsor may appoint a qualified
1625 auctioneer who meets the requirements of department board rule
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1626 to attend the auction in his or her place. Prior written consent
1627 must be given by the apprentice's sponsor for each substitution.
1628 (5) Each apprentice and sponsor shall file reports as
1629 required by department board rule.
1630 (8) All apprentice applications shall be valid for a
1631 period of 6 months after department board approval. Any
1632 applicant who fails to complete the licensure process within
1633 that time shall be required to make application as a new
1634 applicant.
1635 Section 40. Subsection (1) of section 468.386, Florida
1636 Statutes, is amended to read:
1637 468.386 Fees; local licensing requirements.—
1638 (1) The department board by rule may establish
1639 application, examination, licensure, renewal, and other
1640 reasonable and necessary fees, based upon the department's
1641 estimate of the costs to the board in administering this act.
1642 Section 41. Section 468.387, Florida Statutes, is amended
1643 to read:
1644 468.387 Licensing of nonresidents; endorsement;
1645 reciprocity.—The department shall issue a license by endorsement
1646 to practice auctioneering to an applicant who, upon applying to
1647 the department and remitting the required fee, set by the
1648 department board, demonstrates to the department board that he
1649 or she satisfies the requirements of s. 468.385(3) and holds a
1650 valid license to practice auctioneering in another state,
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1651 provided that the requirements for licensure in that state are
1652 substantially equivalent to or more stringent than those
1653 existing in this state. The endorsement and reciprocity
1654 provisions of this section shall apply to auctioneers only and
1655 not to professions or occupations regulated by other statutes.
1656 Section 42. Subsections (3) and (9) and paragraph (b) of
1657 subsection (10) of section 468.388, Florida Statutes, are
1658 amended to read:
1659 468.388 Conduct of an auction.—
1660 (3) Each auctioneer or auction business shall maintain a
1661 record book of all sales. The record book shall be open to
1662 inspection by the department board at reasonable times.
1663 (9) The auction business under which the auction is
1664 conducted is responsible for all other aspects of the auction as
1665 required by department board rule. The auction business may
1666 delegate in whole, or in part, different aspects of the auction
1667 only to the extent that such delegation is permitted by law and
1668 that such delegation will not impede the principal auctioneer's
1669 ability to ensure the proper conduct of his or her independent
1670 responsibility for the auction. The auction business under whose
1671 auspices the auction is conducted is responsible for ensuring
1672 compliance as required by department board rule.
1673 (10)
1674 (b) Each auction business shall maintain, for not less
1675 than 2 years, a separate ledger showing the funds held for
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1676 another person deposited and disbursed by the auction business
1677 for each auction. The escrow or trust account must be reconciled
1678 monthly with the bank statement. A signed and dated record shall
1679 be maintained for a 2-year period and be available for
1680 inspection by the department or at the request of the board.
1681 Section 43. Paragraph (j) of subsection (1), subsection
1682 (2), and paragraph (a) of subsection (3) of section 468.389,
1683 Florida Statutes, are amended to read:
1684 468.389 Prohibited acts; penalties.—
1685 (1) The following acts shall be grounds for the
1686 disciplinary activities provided in subsections (2) and (3):
1687 (j) Violating a statute or administrative rule regulating
1688 practice under this part or a lawful disciplinary order of the
1689 board or the department.
1690 (2) When the department board finds any person guilty of
1691 any of the prohibited acts set forth in subsection (1), it may
1692 enter an order imposing one or more of the following penalties:
1693 (a) Refusal to certify to the department an application
1694 for licensure.
1695 (b) Revocation or suspension of a license.
1696 (c) Imposition of an administrative fine not to exceed
1697 $1,000 for each count or separate offense.
1698 (d) Issuance of a reprimand.
1699 (e) Placement of the auctioneer on probation for a period
1700 of time and subject to conditions as the department board may
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1701 specify, including requiring the auctioneer to successfully
1702 complete the licensure examination.
1703 (f) Requirement that the person in violation make
1704 restitution to each consumer affected by that violation. Proof
1705 of such restitution shall be a signed and notarized release
1706 executed by the consumer or the consumer's estate.
1707 (3)(a) Failure to pay a fine within a reasonable time, as
1708 prescribed by department board rule, may be grounds for
1709 disciplinary action.
1710 Section 44. Section 468.392, Florida Statutes, is amended
1711 to read:
1712 468.392 Auctioneer Recovery Fund.—There is created the
1713 Auctioneer Recovery Fund as a separate account in the
1714 Professional Regulation Trust Fund. The fund shall be
1715 administered by the department Florida Board of Auctioneers.
1716 (1) The Chief Financial Officer shall invest the money not
1717 currently needed to meet the obligations of the fund in the same
1718 manner as other public funds may be invested. Interest that
1719 accrues from these investments shall be deposited to the credit
1720 of the Auctioneer Recovery Fund and shall be available for the
1721 same purposes as other moneys deposited in the Auctioneer
1722 Recovery Fund.
1723 (2) All payments and disbursements from the Auctioneer
1724 Recovery Fund shall be made by the Chief Financial Officer upon
1725 a voucher signed by the Secretary of Business and Professional
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1726 Regulation or the secretary's designee.
1727 (3) If at any time the moneys in the Auctioneer Recovery
1728 Fund are insufficient to satisfy any valid claim or portion
1729 thereof, the department board shall satisfy such unpaid claim or
1730 portion thereof as soon as a sufficient amount has been
1731 deposited in or transferred to the fund. When there is more than
1732 one unsatisfied claim outstanding, such claims shall be paid in
1733 the order in which the claims were made.
1734 (4) Upon the payment of any amount from the Auctioneer
1735 Recovery Fund in settlement of a claim in satisfaction of a
1736 judgment against an auctioneer or auction business as described
1737 in s. 468.395, the license of such auctioneer or auction
1738 business shall be automatically suspended until the licensee has
1739 complied with s. 468.398. A discharge of bankruptcy does shall
1740 not relieve a person from the penalties and disabilities
1741 provided in this section.
1742 (5) Moneys in the fund at the end of a fiscal year shall
1743 be retained in the fund and shall accrue for the benefit of
1744 auctioneers and auction businesses. When the fund exceeds the
1745 amount as set forth in s. 468.393(2), all surcharges shall be
1746 suspended until such time as the fund is reduced below the
1747 amount as set forth in s. 468.393(3).
1748 Section 45. Subsections (1), (3), and (4) of section
1749 468.393, Florida Statutes, are amended to read:
1750 468.393 Surcharge to license fee; assessments.—
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1751 (1) At the time of licensure under s. 468.385, s.
1752 468.3851, or s. 468.3852, each licensee shall pay, in addition
1753 to an application and license fee, a surcharge in an amount to
1754 be determined by the department board, not to exceed $300, which
1755 shall be deposited in the Auctioneer Recovery Fund.
1756 (3) After October 1, 1995, if the total amount in the
1757 Auctioneer Recovery Fund, including principal and interest, is
1758 less than $200,000 at the end of the fiscal year after the
1759 payment of all claims and expenses, the department board shall
1760 assess, in addition to any other fees under s. 468.3852, a
1761 surcharge against a licensee at the time of initial licensure or
1762 at the time of license renewal, according to the following
1763 formula in order to maintain the fund at $500,000:
1764 (a) Determine the amount remaining in the fund at the end
1765 of the state fiscal year after all expenses and claims have been
1766 paid.
1767 (b) Subtract the amount determined under paragraph (a)
1768 from $500,000.
1769 (c) Determine the number of initial licenses and license
1770 renewals in the fiscal year that precedes the current fiscal
1771 year.
1772 (d) Divide the amount determined under paragraph (b) by
1773 the number determined under paragraph (c).
1774 (4) The department board shall assess the surcharge
1775 described in subsection (3) against each licensee who receives
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1776 an initial license or receives a renewal license during the
1777 fiscal year that follows the year in which the amount remaining
1778 in the fund was less than $200,000.
1779 Section 46. Subsections (1) and (4) of section 468.395,
1780 Florida Statutes, are amended to read:
1781 468.395 Conditions of recovery; eligibility.—
1782 (1) Recovery from the Auctioneer Recovery Fund may be
1783 obtained as follows:
1784 (a) Any aggrieved person is eligible to receive recovery
1785 from the Auctioneer Recovery Fund if the department Florida
1786 Board of Auctioneers has issued a final order directing an
1787 offending licensee to pay restitution to the claimant as the
1788 result of the licensee violating, within this state, any
1789 provision of s. 468.389 or any rule adopted by the department
1790 board and if the department board determined that the order of
1791 restitution cannot be enforced; or
1792 (b) Any aggrieved person who obtains a final judgment in
1793 any court against any licensee to recover damages for any actual
1794 loss that results from the violation, within this state, by a
1795 licensee of any provision of s. 468.389 or any rule adopted by
1796 the department board may, upon termination of all proceedings,
1797 including appeals and proceedings supplemental to judgment for
1798 collection purposes, file a verified application to the
1799 department board for an order directing payment out of the
1800 Auctioneer Recovery Fund of the amount of actual loss in the
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1801 transaction that remains unpaid upon the judgment. The amount of
1802 actual loss may include court costs, but may shall not include
1803 attorney attorney's fees or punitive damages awarded.
1804 (4) The department may board shall not issue an order for
1805 payment of a claim from the Auctioneer Recovery Fund unless the
1806 claimant has reasonably established to the department board that
1807 she or he has taken proper and reasonable action to collect the
1808 amount of her or his claim from the licensee responsible for the
1809 loss and that any recovery made has been applied to reduce the
1810 amount of the claim on the Auctioneer Recovery Fund.
1811 Section 47. Subsections (2) and (3) of section 468.396,
1812 Florida Statutes, are amended to read:
1813 468.396 Claims against a single licensee in excess of
1814 dollar limitation; joinder of claims, payment; insufficient
1815 funds.—
1816 (2) Upon petition of the department board, the court may
1817 require all claimants and prospective claimants against one
1818 licensee to be joined in one action, to the end that the
1819 respective rights of all the claimants to the department board
1820 may be equitably adjudicated and settled.
1821 (3) On June 30 and December 31 of each year, the
1822 department board shall identify each claim that the court orders
1823 to be paid during the 6-month period that ended on that day. The
1824 department board shall pay the part of each claim that is so
1825 identified within 15 days after the end of the 6-month period in
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1826 which the claim is ordered paid. However, if the balance in the
1827 fund is insufficient to pay the full payable amount of each
1828 claim that is ordered to be paid during a 6-month period, the
1829 department board shall pay a prorated portion of each claim that
1830 is ordered to be paid during the period. Any part of the payable
1831 amount of a claim left unpaid due to the prorating of payments
1832 under this subsection shall be paid, subject to the $50,000
1833 limit described in s. 468.395, before the payment of claims
1834 ordered to be paid during the following 6 months.
1835 Section 48. Section 468.397, Florida Statutes, is amended
1836 to read:
1837 468.397 Payment of claim.—Upon a final order of the court
1838 directing that payment be made out of the Auctioneer Recovery
1839 Fund, the department board shall, subject to the provisions of
1840 this part, make the payment out of the Auctioneer Recovery Fund
1841 as provided in s. 468.395.
1842 Section 49. Section 468.398, Florida Statutes, is amended
1843 to read:
1844 468.398 Suspension of judgment debtor's license; repayment
1845 by licensee; interest.—If the department board is required to
1846 make any payment from the Auctioneer Recovery Fund in settlement
1847 of a claim or toward the satisfaction of a judgment under this
1848 part, the department board shall suspend the judgment debtor's
1849 license. The licensee is not eligible to be licensed again as
1850 either an auctioneer or auction business until the licensee has
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1851 repaid in full the amount paid from the Auctioneer Recovery
1852 Fund, with interest at the current applicable rate.
1853 Section 50. Subsection (1) of section 468.404, Florida
1854 Statutes, is amended to read:
1855 468.404 License; fees; renewals.—
1856 (1) The department shall establish biennial fees for
1857 initial licensing, renewal of license every 4 years, and
1858 reinstatement of license, none of which fees shall exceed $400.
1859 The department may establish a delinquency fee of no more than
1860 $50. The fees shall be adequate to proportionately fund the
1861 expenses of the department which are allocated to the regulation
1862 of talent agencies and shall be based on the department's
1863 estimate of the revenue required to administer this part.
1864 Section 51. Subsection (1) of section 468.407, Florida
1865 Statutes, is amended to read:
1866 468.407 License; content; posting.—
1867 (1) The talent agency license shall be valid for the
1868 biennial period in which issued and shall be in such form as may
1869 be determined by the department, but shall at least specify the
1870 name under which the applicant is to operate, the address of the
1871 place of business, the expiration date of the license, the full
1872 names and titles of the owner and the operator, and the number
1873 of the license.
1874 Section 52. Subsection (5) of section 468.431, Florida
1875 Statutes, is amended to read:
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1876 468.431 Definitions.—As used in this part:
1877 (5) "Council" means the Regulatory Council of Community
1878 Association Managers.
1879 Section 53. Paragraph (d) of subsection (2) and subsection
1880 (3) of section 468.433, Florida Statutes, are amended to read:
1881 468.433 Licensure by examination.—
1882 (2) The department shall examine each applicant who is at
1883 least 18 years of age, who has successfully completed all
1884 prelicensure education requirements, and who the department
1885 certifies is of good moral character.
1886 (d) The department council shall establish by rule the
1887 required amount of prelicensure education, which shall consist
1888 of not more than 24 hours of in-person instruction by a
1889 department-approved provider and which shall cover all areas of
1890 the examination specified in subsection (3). Such instruction
1891 shall be completed within 12 months before prior to the date of
1892 the examination. Prelicensure education providers shall be
1893 considered continuing education providers for purposes of
1894 establishing provider approval fees. A licensee shall not be
1895 required to comply with the continuing education requirements of
1896 s. 468.4337 prior to the first license renewal. The department
1897 shall, by rule, set standards for exceptions to the requirement
1898 of in-person instruction in cases of hardship or disability.
1899 (3) The department council shall approve an examination
1900 for licensure. The examination must demonstrate that the
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1901 applicant has a fundamental knowledge of state and federal laws
1902 relating to the operation of all types of community associations
1903 and state laws relating to corporations and nonprofit
1904 corporations, proper preparation of community association
1905 budgets, proper procedures for noticing and conducting community
1906 association meetings, insurance matters relating to community
1907 associations, and management skills.
1908 Section 54. Subsection (1) of section 468.4336, Florida
1909 Statutes, is amended to read:
1910 468.4336 Renewal of license.—
1911 (1) The department shall renew a license upon receipt of
1912 the renewal application and fee and upon proof of compliance
1913 with the continuing education requirements of s. 468.4337.
1914 Section 55. Section 468.435, Florida Statutes, is amended
1915 to read:
1916 468.435 Fees; establishment; disposition.—
1917 (1) The department council shall establish fees for the
1918 described purposes and within the ranges specified in this
1919 section:
1920 (a) Application fee: not less than $25, or more than $50.
1921 (b) Examination fee: not less than $25, or more than $100.
1922 (c) Initial license fee: not less than $25, or more than
1923 $100.
1924 (d) Renewal of license fee: not less than $25, or more
1925 than $100.
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1926 (e) Delinquent license fee: not less than $25, or more
1927 than $50.
1928 (f) Inactive license fee: not less than $10, or more than
1929 $25.
1930 (2) Until the department council establishes fees under
1931 subsection (1), the lower amount in each range shall apply.
1932 (3) Fees collected under this section shall be deposited
1933 to the credit of the Professional Regulation Trust Fund.
1934 (4) The department council shall establish fees that are
1935 adequate to fund the cost to implement the provisions of this
1936 part. Fees shall be based on the department estimates of the
1937 revenue required to implement this part and the provisions of
1938 law with respect to the regulation of community association
1939 managers.
1940 Section 56. Paragraph (b) of subsection (2) and subsection
1941 (3) of section 468.436, Florida Statutes, are amended to read:
1942 468.436 Disciplinary proceedings.—
1943 (2) The following acts constitute grounds for which the
1944 disciplinary actions in subsection (4) may be taken:
1945 (b)1. Violation of this part.
1946 2. Violation of any lawful order or rule rendered or
1947 adopted by the department or the council.
1948 3. Being convicted of or pleading nolo contendere to a
1949 felony in any court in the United States.
1950 4. Obtaining a license or certification or any other
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1951 order, ruling, or authorization by means of fraud,
1952 misrepresentation, or concealment of material facts.
1953 5. Committing acts of gross misconduct or gross negligence
1954 in connection with the profession.
1955 6. Contracting, on behalf of an association, with any
1956 entity in which the licensee has a financial interest that is
1957 not disclosed.
1958 7. Failing to disclose any conflict of interest as
1959 required by s. 468.4335.
1960 8. Violating chapter 718, chapter 719, or chapter 720
1961 during the course of performing community association management
1962 services pursuant to a contract with a community association as
1963 defined in s. 468.431(1).
1964 (3) The department council shall specify by rule the acts
1965 or omissions that constitute a violation of subsection (2).
1966 Section 57. Subsection (2) of section 468.520, Florida
1967 Statutes, is amended to read:
1968 468.520 Definitions.—As used in this part:
1969 (2) "Board" means the Board of Employee Leasing Companies.
1970 Section 58. Section 468.522, Florida Statutes, is amended
1971 to read:
1972 468.522 Rules of the department board.—The department may
1973 board has authority to adopt rules pursuant to ss. 120.536(1)
1974 and 120.54 to implement the provisions of this part. Every
1975 licensee shall be governed and controlled by this part and the
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1976 rules adopted by the department board.
1977 Section 59. Subsection (2) and paragraph (b) of subsection
1978 (4) of section 468.524, Florida Statutes, are amended to read:
1979 468.524 Application for license.—
1980 (2) The department board may require information and
1981 certifications necessary to determine that the applicant is of
1982 good moral character and meets other licensure requirements of
1983 this part.
1984 (4) An applicant or licensee is ineligible to reapply for
1985 a license for a period of 1 year following final agency action
1986 on the denial or revocation of a license applied for or issued
1987 under this part. This time restriction does not apply to
1988 administrative denials or revocations entered because:
1989 (b) The experience documented to the department board was
1990 insufficient at the time of the previous application;
1991 Section 60. Section 468.5245, Florida Statutes, is amended
1992 to read:
1993 468.5245 Change of ownership.—
1994 (1) A license or registration issued to any entity under
1995 this part may not be transferred or assigned. The department
1996 board shall adopt rules to provide for a licensee's or
1997 registrant's change of name or location.
1998 (2) A person or entity that seeks to purchase or acquire
1999 control of an employee leasing company or group licensed or
2000 registered under this part must first apply to the department
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2001 board for a certificate of approval for the proposed change of
2002 ownership. However, prior approval is not required if, at the
2003 time the purchase or acquisition occurs, a controlling person of
2004 the employee leasing company or group maintains a controlling
2005 person license under this part. Notification must be provided to
2006 the department board within 30 days after the purchase or
2007 acquisition of such company in the manner prescribed by the
2008 department board.
2009 (3) Any application that is submitted to the department
2010 board under this section shall be deemed approved if the
2011 department board has not approved the application or rejected
2012 the application, and provided the applicant with the basis for a
2013 rejection, within 90 days after the receipt of the completed
2014 application.
2015 (4) The department board shall establish filing fees for a
2016 change-of-ownership application in accordance with s.
2017 468.524(1).
2018 Section 61. Subsection (2) and paragraphs (c) through (f)
2019 of subsection (3) of section 468.525, Florida Statutes, are
2020 amended to read:
2021 468.525 License requirements.—
2022 (2)(a) As used in this part, "good moral character" means
2023 a personal history of honesty, trustworthiness, fairness, a good
2024 reputation for fair dealings, and respect for the rights of
2025 others and for the laws of this state and nation. A thorough
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2026 background investigation of the individual's good moral
2027 character shall be instituted by the department. Such
2028 investigation shall require:
2029 1. The submission of fingerprints, for processing through
2030 appropriate law enforcement agencies, by the applicant and the
2031 examination of police records by the department board.
2032 2. Such other investigation of the individual as the
2033 department board may deem necessary.
2034 (b) The department board may deny an application for
2035 licensure or renewal citing lack of good moral character.
2036 Conviction of a crime within the last 7 years may shall not
2037 automatically bar any applicant or licensee from obtaining a
2038 license or continuing as a licensee. The department board shall
2039 consider the type of crime committed, the crime's relevancy to
2040 the employee leasing industry, the length of time since the
2041 conviction, and any other factors deemed relevant by the
2042 department board.
2043 (3) Each employee leasing company licensed by the
2044 department shall have a registered agent for service of process
2045 in this state and at least one licensed controlling person. In
2046 addition, each licensed employee leasing company shall comply
2047 with the following requirements:
2048 (c) An applicant for initial or renewal license of an
2049 employee leasing company license or employee leasing company
2050 group shall have an accounting net worth or shall have
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2051 guaranties, letters of credit, or other security acceptable to
2052 the department board in sufficient amounts to offset any
2053 deficiency. A guaranty will not be acceptable to satisfy this
2054 requirement unless the applicant submits sufficient evidence to
2055 satisfy the department board that the guarantor has adequate
2056 resources to satisfy the obligation of the guaranty.
2057 (d) Each employee leasing company shall maintain an
2058 accounting net worth and positive working capital, as determined
2059 in accordance with generally accepted accounting principles, or
2060 shall have guaranties, letters of credit, or other security
2061 acceptable to the department board in sufficient amounts to
2062 offset any deficiency. A guaranty will not be acceptable to
2063 satisfy this requirement unless the licensee submits sufficient
2064 evidence, as defined by rule, that the guarantor has adequate
2065 resources to satisfy the obligation of the guaranty. In
2066 determining the amount of working capital, a licensee shall
2067 include adequate reserves for all taxes and insurance, including
2068 plans of self-insurance or partial self-insurance for claims
2069 incurred but not paid and for claims incurred but not reported.
2070 Compliance with the requirements of this paragraph is subject to
2071 verification by department or board audit.
2072 (e) Each employee leasing company or employee leasing
2073 company group shall submit annual financial statements audited
2074 by an independent certified public accountant, with the
2075 application and within 120 days after the end of each fiscal
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2076 year, in a manner and time prescribed by the department board,
2077 provided, however, that any employee leasing company or employee
2078 leasing company group with gross Florida payroll of less than
2079 $2.5 million during any fiscal year may submit financial
2080 statements reviewed by an independent certified public
2081 accountant for that year.
2082 (f) The licensee shall notify the department or board in
2083 writing within 30 days after any change in the application or
2084 status of the license.
2085 Section 62. Subsections (3) and (5) of section 468.526,
2086 Florida Statutes, are amended to read:
2087 468.526 License required; fees.—
2088 (3) Each employee leasing company and employee leasing
2089 company group licensee shall pay to the department upon the
2090 initial issuance of a license and upon each renewal thereafter a
2091 license fee not to exceed $2,500 to be established by the
2092 department board. In addition to the license fee, the department
2093 board shall establish an annual assessment for each employee
2094 leasing company and each employee leasing company group
2095 sufficient to cover all costs for regulation of the profession
2096 pursuant to this chapter, chapter 455, and any other applicable
2097 provisions of law. The annual assessment shall:
2098 (a) Be due and payable upon initial licensure and
2099 subsequent renewals thereof and 1 year before the expiration of
2100 any licensure period; and
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2101 (b) Be based on a fixed percentage, variable classes, or a
2102 combination of both, as determined by the department board, of
2103 gross Florida payroll for employees leased to clients by the
2104 applicant or licensee during the period beginning five quarters
2105 before and ending one quarter before each assessment. It is the
2106 intent of the Legislature that the greater weight of total fees
2107 for licensure and assessments should be on larger companies and
2108 groups.
2109 (5) Each controlling person licensee shall pay to the
2110 department upon the initial issuance of a license and upon each
2111 renewal thereafter a license fee to be established by the
2112 department board in an amount not to exceed $2,000.
2113 Section 63. Subsection (1) of section 468.527, Florida
2114 Statutes, is amended to read:
2115 468.527 Licensure and license renewal.—
2116 (1) The department shall license any applicant who the
2117 department board certifies is qualified to practice employee
2118 leasing as an employee leasing company, employee leasing company
2119 group, or controlling person.
2120 Section 64. Subsection (2) of section 468.5275, Florida
2121 Statutes, is amended to read:
2122 468.5275 Registration and exemption of de minimis
2123 operations.—
2124 (2) A registration is valid for 1 year. Each registrant
2125 shall pay to the department upon initial registration, and upon
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2126 each renewal thereafter, a registration fee to be established by
2127 the department board in an amount not to exceed:
2128 (a) Two hundred and fifty dollars for an employee leasing
2129 company.
2130 (b) Five hundred dollars for an employee leasing company
2131 group.
2132 Section 65. Subsections (2), (4), and (5) of section
2133 468.529, Florida Statutes, are amended to read:
2134 468.529 Licensee's insurance; employment tax; benefit
2135 plans.—
2136 (2) An initial or renewal license may not be issued to any
2137 employee leasing company unless the employee leasing company
2138 first files with the department board evidence of workers'
2139 compensation coverage for all leased employees in this state.
2140 Each employee leasing company shall maintain and make available
2141 to its workers' compensation carrier the following information:
2142 (a) The correct name and federal identification number of
2143 each client company.
2144 (b) A listing of all covered employees provided to each
2145 client company, by classification code.
2146 (c) The total eligible wages by classification code and
2147 the premiums due to the carrier for the employees provided to
2148 each client company.
2149 (4) An initial or renewal license may not be issued to any
2150 employee leasing company unless the employee leasing company
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2151 first provides evidence to the department board, as required by
2152 department board rule, that the employee leasing company has
2153 paid all of the employee leasing company's obligations for
2154 payroll, payroll-related taxes, workers' compensation insurance,
2155 and employee benefits. All disputed amounts must be disclosed in
2156 the application.
2157 (5) The provisions of this section are subject to
2158 verification by department or board audit.
2159 Section 66. Subsections (3) and (4) of section 468.530,
2160 Florida Statutes, are amended to read:
2161 468.530 License, contents; posting.—
2162 (3) A No license is not shall be valid for any person or
2163 entity who engages in the business under any name other than
2164 that specified in the license. A license issued under this part
2165 is shall not be assignable, and a no licensee may not conduct a
2166 business under a fictitious name without prior written
2167 authorization of the department board to do so. The department
2168 board may not authorize the use of a name which is so similar to
2169 that of a public officer or agency, or of that used by another
2170 licensee, that the public may be confused or misled thereby. A
2171 No licensee may not shall be permitted to conduct business under
2172 more than one name unless it has obtained a separate license. A
2173 licensee desiring to change its licensed name at any time except
2174 upon license renewal shall notify the department board and pay a
2175 fee not to exceed $50 for each authorized change of name.
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2176 (4) Each employee leasing company or employee leasing
2177 company group licensed under this part shall be properly
2178 identified in all advertisements, which must include the license
2179 number, licensed business name, and other appropriate
2180 information in accordance with rules established by the
2181 department board.
2182 Section 67. Paragraph (e) of subsection (1) of section
2183 468.531, Florida Statutes, is amended to read:
2184 468.531 Prohibitions; penalties.—
2185 (1) No person or entity shall:
2186 (e) Knowingly give false or forged evidence to the
2187 department board or a member thereof; or
2188 Section 68. Section 468.532, Florida Statutes, is amended
2189 to read:
2190 468.532 Discipline.—
2191 (1) The following constitute grounds for which
2192 disciplinary action against a licensee may be taken by the
2193 department board:
2194 (a) Being convicted or found guilty of, or entering a plea
2195 of nolo contendere to, regardless of adjudication, bribery,
2196 fraud, or willful misrepresentation in obtaining, attempting to
2197 obtain, or renewing a license.
2198 (b) Being convicted or found guilty of, or entering a plea
2199 of nolo contendere to, regardless of adjudication, a crime in
2200 any jurisdiction which relates to the operation of an employee
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2201 leasing business or the ability to engage in business as an
2202 employee leasing company.
2203 (c) Being convicted or found guilty of, or entering a plea
2204 of nolo contendere to, regardless of adjudication, fraud,
2205 deceit, or misconduct in the classification of employees
2206 pursuant to chapter 440.
2207 (d) Being convicted or found guilty of, or entering a plea
2208 of nolo contendere to, regardless of adjudication, fraud,
2209 deceit, or misconduct in the establishment or maintenance of
2210 self-insurance, be it health insurance or workers' compensation
2211 insurance.
2212 (e) Being convicted or found guilty of, or entering a plea
2213 of nolo contendere to, regardless of adjudication, fraud,
2214 deceit, or misconduct in the operation of an employee leasing
2215 company.
2216 (f) Conducting business without an active license.
2217 (g) Failing to maintain workers' compensation insurance as
2218 required in s. 468.529.
2219 (h) Transferring or attempting to transfer a license
2220 issued pursuant to this part.
2221 (i) Violating any provision of this part or any lawful
2222 order or rule issued under the provisions of this part or
2223 chapter 455.
2224 (j) Failing to notify the department board, in writing, of
2225 any change of the primary business address or the addresses of
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2226 any of the licensee's offices in the state.
2227 (k) Having been confined in any county jail,
2228 postadjudication, or being confined in any state or federal
2229 prison or mental institution, or when through mental disease or
2230 deterioration, the licensee can no longer safely be entrusted to
2231 deal with the public or in a confidential capacity.
2232 (l) Having been found guilty for a second time of any
2233 misconduct that warrants suspension or being found guilty of a
2234 course of conduct or practices which shows that the licensee is
2235 so incompetent, negligent, dishonest, or untruthful that the
2236 money, property, transactions, and rights of investors, or those
2237 with whom the licensee may sustain a confidential relationship,
2238 may not safely be entrusted to the licensee.
2239 (m) Failing to inform the department board in writing
2240 within 30 days after being convicted or found guilty of, or
2241 entering a plea of nolo contendere to, any felony, regardless of
2242 adjudication.
2243 (n) Failing to conform to any lawful order of the
2244 department board.
2245 (o) Being determined liable for civil fraud by a court in
2246 any jurisdiction.
2247 (p) Having adverse material final action taken by any
2248 state or federal regulatory agency for violations within the
2249 scope of control of the licensee.
2250 (q) Failing to inform the department board in writing
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2251 within 30 days after any adverse material final action by a
2252 state or federal regulatory agency.
2253 (r) Failing to meet or maintain the requirements for
2254 licensure as an employee leasing company or controlling person.
2255 (s) Engaging as a controlling person any person who is not
2256 licensed as a controlling person by the department board.
2257 (t) Attempting to obtain, obtaining, or renewing a license
2258 to practice employee leasing by bribery, misrepresentation, or
2259 fraud.
2260 (2) When the department board finds any violation of
2261 subsection (1), it may do one or more of the following:
2262 (a) Deny an application for licensure.
2263 (b) Permanently revoke, suspend, restrict, or not renew a
2264 license.
2265 (c) Impose an administrative fine not to exceed $5,000 for
2266 every count or separate offense.
2267 (d) Issue a reprimand.
2268 (e) Place the licensee on probation for a period of time
2269 and subject to such conditions as the department board may
2270 specify.
2271 (f) Assess costs associated with investigation and
2272 prosecution.
2273 (3) Upon revocation or suspension of a license, the
2274 licensee must immediately return to the department the license
2275 that was revoked or suspended.
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2276 (4) The department board shall specify the penalties for
2277 any violation of this part.
2278 Section 69. Subsection (1) of section 468.603, Florida
2279 Statutes, is amended to read:
2280 468.603 Definitions.—As used in this part:
2281 (1) "Board" means the Florida Building Code Administrators
2282 and Inspectors Board.
2283 Section 70. Section 468.606, Florida Statutes, is amended
2284 to read:
2285 468.606 Authority of the department board.—The department
2286 may board is authorized to:
2287 (1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
2288 implement the provisions of this part.
2289 (2) Certify individuals as being qualified under the
2290 provisions of this part to be building code administrators,
2291 plans examiners, and building code inspectors.
2292 Section 71. Section 468.607, Florida Statutes, is amended
2293 to read:
2294 468.607 Certification of building code administration and
2295 inspection personnel.—The department board shall issue a
2296 certificate to any individual whom the department board
2297 determines to be qualified, within such class and level as
2298 provided in this part and with such limitations as the
2299 department board may place upon it. A No person may not be
2300 employed by a state agency or local governmental authority to
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2301 perform the duties of a building code administrator, plans
2302 examiner, or building code inspector after October 1, 1993,
2303 without possessing the proper valid certificate issued in
2304 accordance with the provisions of this part. A Any person who
2305 acts as an inspector and plans examiner under s. 1013.37 while
2306 conducting activities authorized by certification under that
2307 section is certified to continue to conduct inspections for a
2308 local enforcement agency until the person's UBCI certification
2309 expires, after which time such person must possess the proper
2310 valid certificate issued in accordance with this part.
2311 Section 72. Section 468.613, Florida Statutes, is amended
2312 to read:
2313 468.613 Certification by endorsement.—The department board
2314 shall examine other certification or training programs, as
2315 applicable, upon submission to the department board for its
2316 consideration of an application for certification by
2317 endorsement. The department board shall waive its examination,
2318 qualification, education, or training requirements, to the
2319 extent that such examination, qualification, education, or
2320 training requirements of the applicant are determined by the
2321 department board to be comparable with those established by the
2322 department board. The department board shall waive its
2323 examination, qualification, education, or training requirements
2324 if an applicant for certification by endorsement is at least 18
2325 years of age; is of good moral character; has held a valid
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2326 building administrator, inspector, plans examiner, or the
2327 equivalent, certification issued by another state or territory
2328 of the United States for at least 10 years before the date of
2329 application; and has successfully passed an applicable
2330 examination administered by the International Code Council. Such
2331 application must be made either when the license in another
2332 state or territory is active or within 2 years after such
2333 license was last active.
2334 Section 73. Subsections (5) and (7) of section 468.619,
2335 Florida Statutes, are amended to read:
2336 468.619 Building code enforcement officials' bill of
2337 rights.—
2338 (5) The enforcement official shall be considered an agent
2339 of the governmental entity employing him or her and as such
2340 shall be defended by that entity in any action brought by the
2341 department or the board, provided the enforcement official is
2342 working within the scope of his or her employment.
2343 (7) If any action taken against the enforcement official
2344 by the department or the board is found to be without merit by a
2345 court of competent jurisdiction, or if judgment in such an
2346 action is awarded to the enforcement official, the department or
2347 the board, or the assignee of the department or board, shall
2348 reimburse the enforcement official or his or her employer, as
2349 appropriate, for reasonable legal costs and reasonable attorney
2350 attorney's fees incurred. The amount awarded may shall not
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2351 exceed the limit provided in s. 120.595.
2352 Section 74. Paragraph (a) of subsection (1) and
2353 subsections (2), (3), and (4) of section 468.621, Florida
2354 Statutes, are amended to read:
2355 468.621 Disciplinary proceedings.—
2356 (1) The following acts constitute grounds for which the
2357 disciplinary actions in subsection (2) may be taken:
2358 (a) Violating or failing to comply with any provision of
2359 this part, or a valid rule or lawful order of the board or
2360 department pursuant thereto.
2361 (2) When the department board finds any person guilty of
2362 any of the grounds set forth in subsection (1), it may enter an
2363 order imposing one or more of the following penalties:
2364 (a) Denial of an application for certification.
2365 (b) Permanent revocation.
2366 (c) Suspension of a certificate.
2367 (d) Imposition of an administrative fine not to exceed
2368 $5,000 for each separate offense. Such fine must be rationally
2369 related to the gravity of the violation.
2370 (e) Issuance of a reprimand.
2371 (f) Placement of the certificateholder on probation for a
2372 period of time and subject to such conditions as the department
2373 board may impose, including alteration of performance level.
2374 (g) Satisfactory completion of continuing education.
2375 (h) Issuance of a citation.
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2376 (3) Where a certificate is suspended, placed on probation,
2377 or has conditions imposed, the department board shall reinstate
2378 the certificate of a disciplined building code administrator,
2379 plans examiner, or building code inspector upon proof the
2380 disciplined individual has complied with all terms and
2381 conditions set forth in the final order.
2382 (4) A No person may not be allowed to apply for
2383 certification under this part for a minimum of 5 years after the
2384 date of revocation of any certificate issued pursuant to this
2385 part. The department board may by rule establish additional
2386 criteria for certification following revocation.
2387 Section 75. Subsections (1) and (5) of section 468.627,
2388 Florida Statutes, are amended to read:
2389 468.627 Application; examination; renewal; fees.—
2390 (1) The department board shall establish by rule fees to
2391 be paid for application, examination, reexamination,
2392 certification and certification renewal, inactive status
2393 application, and reactivation of inactive certificates. The
2394 department board may establish by rule a late renewal penalty.
2395 The department board shall establish fees which are adequate,
2396 when combined with revenue generated by the provisions of s.
2397 468.631, to ensure the continued operation of this part. Fees
2398 shall be based on department estimates of the revenue required
2399 to implement this part.
2400 (5) The certificateholder shall provide proof, in a form
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2401 established by board rule, that the certificateholder has
2402 completed at least 14 classroom hours of at least 50 minutes
2403 each of continuing education courses during each biennium since
2404 the issuance or renewal of the certificate, including the
2405 specialized or advanced coursework approved by the Florida
2406 Building Commission, as part of the building code training
2407 program established pursuant to s. 553.841, appropriate to the
2408 licensing category sought. A minimum of 3 of the required 14
2409 classroom hours must be on state law, rules, and ethics relating
2410 to professional standards of practice, duties, and
2411 responsibilities of the certificateholder. The board shall by
2412 rule establish criteria for approval of continuing education
2413 courses and providers, and may by rule establish criteria for
2414 accepting alternative nonclassroom continuing education on an
2415 hour-for-hour basis.
2416 Section 76. Paragraph (d) of subsection (1) of section
2417 468.629, Florida Statutes, is amended to read:
2418 468.629 Prohibitions; penalties.—
2419 (1) No person may:
2420 (d) Give false or forged evidence to the board or the
2421 department, or a member, an employee, or an officer thereof, for
2422 the purpose of obtaining a certificate.
2423 Section 77. Subsection (1) of section 468.631, Florida
2424 Statutes, is amended to read:
2425 468.631 Building Code Administrators and Inspectors Fund.—
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2426 (1) This part shall be funded through a surcharge, to be
2427 assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
2428 1.5 percent of all permit fees associated with enforcement of
2429 the Florida Building Code as defined by the uniform account
2430 criteria and specifically the uniform account code for building
2431 permits adopted for local government financial reporting
2432 pursuant to s. 218.32. The minimum amount collected on any
2433 permit issued shall be $2. The unit of government responsible
2434 for collecting permit fees pursuant to s. 125.56 or s. 166.201
2435 shall collect such surcharge and shall remit the funds to the
2436 department on a quarterly calendar basis beginning not later
2437 than December 31, 2010, for the preceding quarter, and
2438 continuing each third month thereafter; and such unit of
2439 government shall retain 10 percent of the surcharge collected to
2440 fund the participation of building departments in the national
2441 and state building code adoption processes and to provide
2442 education related to enforcement of the Florida Building Code.
2443 There is created within the Professional Regulation Trust Fund a
2444 separate account to be known as the Building Code Administrators
2445 and Inspectors Fund, which shall deposit and disburse funds as
2446 necessary for the implementation of this part. The proceeds from
2447 this surcharge shall be allocated equally to fund the Florida
2448 Homeowners' Construction Recovery Fund established by s. 489.140
2449 and the functions of the Building Code Administrators and
2450 Inspectors Board. The department may transfer excess cash to the
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2451 Florida Homeowners' Construction Recovery Fund that it
2452 determines is not required to fund the implementation of this
2453 part board from the board's account within the Professional
2454 Regulation Trust Fund. However, the department may not transfer
2455 excess cash that would exceed the amount appropriated in the
2456 General Appropriations Act, and any amount approved by the
2457 Legislative Budget Commission pursuant to s. 216.181, to be used
2458 for the payment of claims from the Florida Homeowners'
2459 Construction Recovery Fund.
2460 Section 78. Subsections (4) and (7) of section 468.8312,
2461 Florida Statutes, are amended to read:
2462 468.8312 Fees.—
2463 (4) The biennial renewal fee shall not exceed $200.
2464 (7) The fee for applications from providers of continuing
2465 education may not exceed $500.
2466 Section 79. Section 468.8315, Florida Statutes, is amended
2467 to read:
2468 468.8315 Renewal of license.—
2469 (1) The department shall renew a license upon receipt of
2470 the renewal application and upon certification by the department
2471 that the licensee has satisfactorily completed the continuing
2472 education requirements of s. 468.8316.
2473 (2) The department shall adopt rules establishing a
2474 procedure for the biennial renewal of licenses every 4 years.
2475 Section 80. Subsection (5) of section 468.8412, Florida
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2476 Statutes, is amended to read:
2477 468.8412 Fees.—
2478 (5) The fee for a biennial license renewal shall not
2479 exceed $400.
2480 Section 81. Section 468.8415, Florida Statutes, is amended
2481 to read:
2482 468.8415 Renewal of license.—
2483 (1) The department shall renew a license upon receipt of
2484 the renewal application and fee and upon certification by the
2485 department that the licensee has satisfactorily completed the
2486 continuing education requirements of s. 468.8416.
2487 (2) The department shall adopt rules establishing a
2488 procedure for the biennial renewal of licenses every 4 years.
2489 Section 82. Subsection (2) of section 468.8417, Florida
2490 Statutes, is amended to read:
2491 468.8417 Inactive license.—
2492 (2) A license that becomes inactive may be reactivated
2493 upon application to the department. The department may prescribe
2494 by rule continuing education requirements as a condition of
2495 reactivating a license. The rules may not require more than one
2496 renewal cycle of continuing education to reactivate a license.
2497 Section 83. Paragraph (d) of subsection (1) and paragraph
2498 (d) of subsection (2) of section 468.8419, Florida Statutes, are
2499 amended to read:
2500 468.8419 Prohibitions; penalties.—
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2501 (1) A person may not:
2502 (d) Perform or offer to perform any mold remediation to a
2503 structure on which the mold assessor or the mold assessor's
2504 company provided a mold assessment within the last 12 months.
2505 This paragraph does not apply to a certified contractor who is
2506 classified in s. 489.105(2) s. 489.105(3) as a Division I
2507 contractor. However, the department may adopt rules requiring
2508 that, if such contractor performs the mold assessment and offers
2509 to perform the mold remediation, the contract for mold
2510 remediation provided to the homeowner discloses that he or she
2511 has the right to request competitive bids.
2512 (2) A mold remediator, a company that employs a mold
2513 remediator, or a company that is controlled by a company that
2514 also has a financial interest in a company employing a mold
2515 remediator may not:
2516 (d) Perform or offer to perform any mold assessment to a
2517 structure on which the mold remediator or the mold remediator's
2518 company provided a mold remediation within the last 12 months.
2519 This paragraph does not apply to a certified contractor who is
2520 classified in s. 489.105(2) s. 489.105(3) as a Division I
2521 contractor. However, the department may adopt rules requiring
2522 that, if such contractor performs the mold remediation and
2523 offers to perform the mold assessment, the contract for mold
2524 assessment provided to the homeowner discloses that he or she
2525 has the right to request competitive bids.
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2526 Section 84. Subsection (4) of section 469.004, Florida
2527 Statutes, is amended to read:
2528 469.004 License; asbestos consultant; asbestos
2529 contractor.—
2530 (4) A license issued under this chapter must be renewed
2531 every 4 2 years. Before an asbestos contractor's license may be
2532 renewed, the licensee must complete a 1-day course of continuing
2533 education during each of the preceding 2 years. Before an
2534 asbestos consultant's license may be renewed, the licensee must
2535 complete a 2-day course of continuing education during each of
2536 the preceding 2 years.
2537 Section 85. Subsection (5) of section 469.012, Florida
2538 Statutes, is renumbered as subsection (4), and subsection (1)
2539 and present subsection (4) of that section are amended to read:
2540 469.012 Course requirements for onsite supervisors and
2541 asbestos abatement workers.—
2542 (1) Each asbestos contractor's onsite supervisor must
2543 complete an asbestos contractor/supervisor course of not less
2544 than 5 days before prior to engaging in onsite supervision. Such
2545 training shall cover the nature of the health risks, the medical
2546 effects of exposure, federal and state asbestos laws and
2547 regulations, worker protection, and work area protection. Each
2548 onsite supervisor must also complete a continuing education
2549 course of not less than 1 day in length each year.
2550 (4) All asbestos abatement workers, including onsite
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2551 supervisors, must complete, as a condition of renewal of
2552 accreditation, such courses of continuing education each year as
2553 are approved and required by the department.
2554 Section 86. Subsection (1) of section 469.013, Florida
2555 Statutes, is amended to read:
2556 469.013 Course requirements for asbestos surveyors,
2557 management planners, project monitors, and project designers.—
2558 (1) All asbestos surveyors, management planners, and
2559 project monitors must comply with the requirements under set
2560 forth in this section before prior to commencing such activities
2561 and must also complete the continuing education necessary to
2562 maintain accreditation each year.
2563 (a) Management planners must complete all requirements of
2564 s. 469.005(2)(b) and (d).
2565 (b) Asbestos surveyors must complete all requirements of
2566 s. 469.005(2)(a).
2567 (c) Project monitors must complete all requirements of s.
2568 469.005(3)(a) and must also complete an asbestos sampling course
2569 which is equivalent to NIOSH Course 582.
2570 (d) Project designers must complete all requirements of s.
2571 469.005(2)(d).
2572 Section 87. Subsection (5) of section 471.011, Florida
2573 Statutes, is amended to read:
2574 471.011 Fees.—
2575 (5) The biennial renewal fee shall not exceed $125.
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2576 Section 88. Subsections (2) and (3) of section 471.017,
2577 Florida Statutes, are amended to read:
2578 471.017 Renewal of license.—
2579 (2) The board shall adopt rules establishing a procedure
2580 for the biennial renewal of licenses every 4 years.
2581 (3)(a) The board shall require a demonstration of
2582 continuing professional competency of engineers as a condition
2583 of license renewal or relicensure. Every licensee must complete
2584 9 continuing education hours for each year of the license
2585 renewal period, totaling 18 continuing education hours for the
2586 license renewal period. For each renewal period for such
2587 continuing education:
2588 1. One hour must relate to this chapter and the rules
2589 adopted under this chapter.
2590 2. One hour must relate to professional ethics.
2591 3. Four hours must relate to the licensee's area of
2592 practice.
2593 4. The remaining hours may relate to any topic pertinent
2594 to the practice of engineering.
2595
2596 Continuing education hours may be earned by presenting or
2597 attending seminars, in-house or nonclassroom courses, workshops,
2598 or professional or technical presentations made at meetings,
2599 webinars, conventions, or conferences, including those presented
2600 by vendors with specific knowledge related to the licensee's
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2601 area of practice. Up to 4 hours may be earned by serving as an
2602 officer or actively participating on a committee of a board-
2603 recognized professional or technical engineering society. The 2
2604 required continuing education hours relating to this chapter,
2605 the rules adopted pursuant to this chapter, and ethics may be
2606 earned by serving as a member of the Legislature or as an
2607 elected state or local official. The hours required pursuant to
2608 s. 471.0195 may apply to any requirements of this section except
2609 for those required under subparagraph 1.
2610 (b) The board shall adopt rules that are substantially
2611 consistent with the most recent published version of the
2612 Continuing Professional Competency Guidelines of the National
2613 Council of Examiners for Engineering and Surveying, and shall
2614 allow nonclassroom hours to be credited. The board may, by rule,
2615 exempt from continuing professional competency requirements
2616 retired professional engineers who no longer sign and seal
2617 engineering documents and licensees in unique circumstances that
2618 severely limit opportunities to obtain the required continuing
2619 education hours.
2620 Section 89. Section 471.019, Florida Statutes, is amended
2621 to read:
2622 471.019 Reactivation.—The board shall establish by rule a
2623 reinstatement process for void licenses. The rule shall
2624 prescribe appropriate continuing education requirements for
2625 reactivating a license. The continuing education requirements
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2626 for reactivating a license for a licensed engineer may not
2627 exceed the continuing education requirements prescribed pursuant
2628 to s. 471.017 for each year the license was inactive.
2629 Section 90. Section 471.045, Florida Statutes, is amended
2630 to read:
2631 471.045 Professional engineers performing building code
2632 inspector duties.—Notwithstanding any other provision of law, a
2633 person who is currently licensed under this chapter to practice
2634 as a professional engineer may provide building code inspection
2635 services described in s. 468.603(4) and (7) s. 468.603(5) and
2636 (8) to a local government or state agency upon its request,
2637 without being certified by the Florida Building Code
2638 Administrators and Inspectors licensing program Board under part
2639 XII of chapter 468. When performing these building code
2640 inspection services, the professional engineer is subject to the
2641 disciplinary guidelines of this chapter and s. 468.621(1)(c)-
2642 (h). Any complaint processing, investigation, and discipline
2643 that arise out of a professional engineer's performing building
2644 code inspection services shall be conducted by the Board of
2645 Professional Engineers rather than the Florida Building Code
2646 Administrators and Inspectors licensing program Board. A
2647 professional engineer may not perform plans review as an
2648 employee of a local government upon any job that the
2649 professional engineer or the professional engineer's company
2650 designed.
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2651 Section 91. Subsection (4) of section 472.003, Florida
2652 Statutes, is amended to read:
2653 472.003 Persons not affected by ss. 472.001-472.037.—
2654 Sections 472.001-472.037 do not apply to:
2655 (4) Persons employed by county property appraisers, as
2656 defined at s. 192.001(3), and persons employed by the Department
2657 of Revenue, to prepare maps for property appraisal purposes
2658 only, but only to the extent that they perform mapping services
2659 which do not include any surveying activities as described in s.
2660 472.005(3)(a) and (b) s. 472.005(4)(a) and (b).
2661 Section 92. Subsection (1) of section 472.005, Florida
2662 Statutes, is amended to read:
2663 472.005 Definitions.—As used in ss. 472.001-472.037:
2664 (1) "Board" means the Board of Professional Surveyors and
2665 Mappers.
2666 Section 93. Subsection (1) of section 472.006, Florida
2667 Statutes, is amended to read:
2668 472.006 Department; powers and duties.—The department
2669 shall:
2670 (1) Adopt rules establishing a procedure for the biennial
2671 renewal of licenses every 4 years. However, the department may
2672 issue up to a 4-year license to selected licensees
2673 notwithstanding any other law to the contrary. Fees for such
2674 renewal may not exceed the fee caps for individual professions
2675 on an annualized basis as authorized by law.
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2676 Section 94. Subsection (5) of section 472.011, Florida
2677 Statutes, is amended to read:
2678 472.011 Fees.—
2679 (5) The biennial renewal fee shall not exceed $500.
2680 Section 95. Subsections (7) through (10) of section
2681 472.0202, Florida Statutes, are amended to read:
2682 472.0202 Inactive and delinquent status.—
2683 (7) The board, by rule, shall impose an additional
2684 delinquency fee, not to exceed the biennial renewal fee for an
2685 active status license, on a delinquent status licensee when such
2686 licensee applies for active or inactive status.
2687 (8) The board, by rule, shall impose an additional fee,
2688 not to exceed the biennial renewal fee for an active status
2689 license, for processing a licensee's request to change licensure
2690 status at any time other than at the beginning of a licensure
2691 cycle.
2692 (9) The board, by rule, may impose reasonable conditions,
2693 excluding full reexamination but including part of a national
2694 examination or a special purpose examination to assess current
2695 competency, necessary to ensure that a licensee who has been on
2696 inactive status for more than one two consecutive biennial
2697 licensure cycle cycles and who applies for active status can
2698 practice with the care and skill sufficient to protect the
2699 health, safety, and welfare of the public. Reactivation
2700 requirements may differ depending on the length of time
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2701 licensees are inactive. The costs to meet reactivation
2702 requirements shall be borne by licensees requesting
2703 reactivation.
2704 (10) Before reactivation, an inactive or delinquent
2705 licensee shall meet the same continuing education requirements,
2706 if any, imposed on an active status licensee for all biennial
2707 licensure periods in which the licensee was inactive or
2708 delinquent.
2709 Section 96. Subsection (2) of section 472.0203, Florida
2710 Statutes, is amended to read:
2711 472.0203 Renewal and cancellation notices.—
2712 (2) Each licensure renewal notification and each notice of
2713 pending cancellation of licensure must state conspicuously that
2714 a licensee who remains on inactive status for more than one two
2715 consecutive biennial licensure cycle cycles and who wishes to
2716 reactivate the license may be required to demonstrate the
2717 competency to resume active practice by sitting for a special
2718 purpose examination or by completing other reactivation
2719 requirements, as defined by rule of the board.
2720 Section 97. Section 473.302, Florida Statutes, is amended
2721 to read:
2722 473.302 Definitions.—As used in this chapter, the term:
2723 (1) "Board" means the Board of Accountancy.
2724 (1)(2) "Department" means the Department of Business and
2725 Professional Regulation.
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2726 (2)(3) "Division" means the Division of Certified Public
2727 Accounting.
2728 (3)(4) "Certified public accountant" means an individual
2729 who holds a license to practice public accounting in this state
2730 or an individual who is practicing public accounting in this
2731 state pursuant to the practice privilege granted in s. 473.3141.
2732 The term "Florida certified public accountant" means an
2733 individual holding a license under the authority of this
2734 chapter.
2735 (4)(5) "Firm" means any legal entity that is engaged in
2736 the practice of public accounting.
2737 (5)(6) "Home office" means the principal headquarters of
2738 an entity. An entity may have only one principal headquarters.
2739 (6)(7) "Licensed firm" or "public accounting firm" means a
2740 sole proprietorship, partnership, corporation, limited liability
2741 company, firm, or any other legal entity licensed under s.
2742 473.3101.
2743 (7)(8) "Practice of," "practicing public accountancy," or
2744 "public accounting" means:
2745 (a) Offering to perform or performing for the public one
2746 or more types of services involving the expression of an opinion
2747 on financial statements, the attestation as an expert in
2748 accountancy to the reliability or fairness of presentation of
2749 financial information, the utilization of any form of opinion or
2750 financial statements that provide a level of assurance, the
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2751 utilization of any form of disclaimer of opinion which conveys
2752 an assurance of reliability as to matters not specifically
2753 disclaimed, or the expression of an opinion on the reliability
2754 of an assertion by one party for the use by a third party;
2755 (b) Offering to perform or performing for the public one
2756 or more types of services involving the use of accounting
2757 skills, or one or more types of tax, management advisory, or
2758 consulting services, by any person who is a certified public
2759 accountant who holds an active license, issued pursuant to this
2760 chapter, or who is authorized to practice public accounting
2761 pursuant to the practice privileges granted in s. 473.3141,
2762 including the performance of such services by a certified public
2763 accountant in the employ of a person or firm;
2764 (c) Offering to perform or performing for the public one
2765 or more types of service involving the preparation of financial
2766 statements not included within paragraph (a), by a certified
2767 public accountant who holds an active license, issued pursuant
2768 to this chapter, or who is authorized to practice public
2769 accounting pursuant to the practice privileges granted in s.
2770 473.3141; by a firm of certified public accountants; or by a
2771 firm in which a certified public accountant has an ownership
2772 interest, including the performance of such services in the
2773 employ of another person. The department board shall adopt rules
2774 establishing standards of practice for such reports and
2775 financial statements; provided, however, that nothing in this
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2776 paragraph shall be construed to permit the department board to
2777 adopt rules that have the result of prohibiting Florida
2778 certified public accountants employed by unlicensed firms from
2779 preparing financial statements as authorized by this paragraph;
2780 or
2781 (d) Offering to perform or performing for the public one
2782 or more types of services involving any attestation engagements
2783 in accordance with the Statements on Standards for Attestation
2784 Engagements.
2785 (8)(9) "Uniform Accountancy Act" means the Uniform
2786 Accountancy Act, Eighth Edition, dated January 2018 and
2787 published by the American Institute of Certified Public
2788 Accountants and the National Association of State Boards of
2789 Accountancy.
2790
2791 However, these terms may shall not include services provided by
2792 the American Institute of Certified Public Accountants or the
2793 Florida Institute of Certified Public Accountants, or any full
2794 service association of certified public accounting firms whose
2795 plans of administration have been approved by the department
2796 board, to their members or services performed by these entities
2797 in reviewing the services provided to the public by members of
2798 these entities.
2799 Section 98. Section 473.3035, Florida Statutes, is amended
2800 to read:
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2801 473.3035 Division of Certified Public Accounting.—
2802 (1) All services concerning this chapter, including, but
2803 not limited to, recordkeeping services, examination services,
2804 legal services, and investigative services, and those services
2805 in chapter 455 necessary to perform the duties of this chapter
2806 shall be provided by the Division of Certified Public
2807 Accounting. The department board may, by majority vote, delegate
2808 a duty or duties to the appropriate division within the
2809 department. The department board may, by majority vote, rescind
2810 any such delegation of duties at any time.
2811 (2) The Division of Certified Public Accounting shall be
2812 funded by fees and assessments of the department board, and
2813 funds collected by the department board shall be used only to
2814 fund public accounting regulation. Funding for the Division of
2815 Certified Public Accounting shall be governed by ss. 215.37 and
2816 455.219.
2817 Section 99. Section 473.304, Florida Statutes, is amended
2818 to read:
2819 473.304 Rules of department board; powers and duties;
2820 legal services.—
2821 (1) The department board shall adopt rules pursuant to ss.
2822 120.536(1) and 120.54 to implement the provisions of this act.
2823 Every certified public accountant and firm shall be governed and
2824 controlled by this act and the rules adopted by the department
2825 board.
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2826 (2) Subject to the prior approval of the Attorney General,
2827 the department board may retain independent legal counsel to
2828 provide legal advice to the department board on a specific
2829 matter.
2830 (3) An attorney employed or used by the department board
2831 may not both prosecute a matter and provide legal services to
2832 the department board with respect to the same matter.
2833 Section 100. Section 473.305, Florida Statutes, is amended
2834 to read:
2835 473.305 Fees.—The department board, by rule, may establish
2836 fees to be paid for applications, examination, reexamination,
2837 licensing and renewal, reinstatement, and recordmaking and
2838 recordkeeping. The fee for the examination shall be established
2839 at an amount that covers the costs for the procurement or
2840 development, administration, grading, and review of the
2841 examination. The fee for the examination is refundable if the
2842 applicant is found to be ineligible to sit for the examination.
2843 The fee for initial application is nonrefundable, and the
2844 combined fees for application and examination may not exceed
2845 $250 plus the actual per applicant cost to the department for
2846 purchase of the examination from the American Institute of
2847 Certified Public Accountants or a similar national organization.
2848 The biennial renewal fee may not exceed $250. The department
2849 board may also establish, by rule, a reactivation fee, and a
2850 delinquency fee not to exceed $50 for continuing professional
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2851 education reporting forms. The department board shall establish
2852 fees which are adequate to ensure the continued operation of the
2853 department board and to fund the proportionate expenses incurred
2854 by the department which are allocated to the regulation of
2855 public accountants. Fees shall be based on department estimates
2856 of the revenue required to implement this chapter and the
2857 provisions of law with respect to the regulation of certified
2858 public accountants.
2859 Section 101. Paragraph (b) of subsection (3) and
2860 subsections (4), (5), and (6) of section 473.306, Florida
2861 Statutes, are amended to read:
2862 473.306 Examinations.—
2863 (3) An applicant is entitled to take the licensure
2864 examination to practice in this state as a certified public
2865 accountant if:
2866 (b) The applicant shows that she or he has good moral
2867 character. For purposes of this paragraph, the term "good moral
2868 character" has the same meaning as provided in s. 473.308(6)(a)
2869 s. 473.308(7)(a). The department board may refuse to allow an
2870 applicant to take the licensure examination for failure to
2871 satisfy this requirement if:
2872 1. The department board finds a reasonable relationship
2873 between the lack of good moral character of the applicant and
2874 the professional responsibilities of a certified public
2875 accountant; and
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2876 2. The finding by the department board of lack of good
2877 moral character is supported by competent substantial evidence.
2878
2879 If an applicant is found pursuant to this paragraph to be
2880 unqualified to take the licensure examination because of a lack
2881 of good moral character, the department board shall furnish to
2882 the applicant a statement containing the findings of the
2883 department board, a complete record of the evidence upon which
2884 the determination was based, and a notice of the rights of the
2885 applicant to a rehearing and appeal.
2886 (4) The department board shall have the authority to
2887 establish the standards for determining and shall determine:
2888 (a) What constitutes a passing grade for each subject or
2889 part of the licensure examination;
2890 (b) Which educational institutions, in addition to the
2891 universities in the State University System of Florida, shall be
2892 deemed to be accredited colleges or universities;
2893 (c) What courses and number of hours constitute a major in
2894 accounting; and
2895 (d) What courses and number of hours constitute additional
2896 accounting courses acceptable under s. 473.308(4).
2897 (5) The department board may adopt an alternative
2898 licensure examination for persons who have been licensed to
2899 practice public accountancy or its equivalent in a foreign
2900 country so long as the International Qualifications Appraisal
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2901 Board of the National Association of State Boards of Accountancy
2902 has ratified an agreement with that country for reciprocal
2903 licensure.
2904 (6) For the purposes of maintaining the proper educational
2905 qualifications for licensure under this chapter, the department
2906 board may appoint an Educational Advisory Committee, which shall
2907 be composed of one member of the department board, two persons
2908 in public practice who are licensed under this chapter, and four
2909 academicians on faculties of universities in this state.
2910 Section 102. Subsections (1), (2), and (3) of section
2911 473.309, Florida Statutes, are amended to read:
2912 473.309 Practice requirements for partnerships,
2913 corporations, and limited liability companies; business entities
2914 practicing public accounting.—
2915 (1) A partnership may not engage in the practice of public
2916 accounting, as defined in s. 473.302(7)(a) s. 473.302(8)(a), or
2917 meet the requirements of s. 473.3101(1)(b), unless:
2918 (a) It is a form of partnership recognized by Florida law.
2919 (b) Partners owning at least 51 percent of the financial
2920 interest and voting rights of the partnership are certified
2921 public accountants in some state. However, each partner who is a
2922 certified public accountant in another state and is domiciled in
2923 this state must be a certified public accountant of this state
2924 and hold an active license.
2925 (c) At least one general partner is a certified public
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2926 accountant of this state and holds an active license or, in the
2927 case of a firm that must have a license pursuant to s.
2928 473.3101(1)(c), at least one general partner is a certified
2929 public accountant in some state and meets the requirements of s.
2930 473.3141(1) s. 473.3141(1)(a) or (b).
2931 (d) All partners who are not certified public accountants
2932 in any state are engaged in the business of the partnership as
2933 their principal occupation.
2934 (e) It is in compliance with rules adopted by the
2935 department board pertaining to minimum capitalization, letters
2936 of credit, and adequate public liability insurance.
2937 (2) A corporation may not engage in the practice of public
2938 accounting, as defined in s. 473.302(7)(a) s. 473.302(8)(a), or
2939 meet the requirements of s. 473.3101(1)(b), unless:
2940 (a) It is a corporation duly organized in this or some
2941 other state.
2942 (b) Shareholders of the corporation owning at least 51
2943 percent of the financial interest and voting rights of the
2944 corporation are certified public accountants in some state and
2945 are principally engaged in the business of the corporation.
2946 However, each shareholder who is a certified public accountant
2947 in another state and is domiciled in this state must be a
2948 certified public accountant of this state and hold an active
2949 license.
2950 (c) The principal officer of the corporation is a
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2951 certified public accountant in some state.
2952 (d) At least one shareholder of the corporation is a
2953 certified public accountant and holds an active license in this
2954 state or, in the case of a firm that must have a license
2955 pursuant to s. 473.3101(1)(c), at least one shareholder is a
2956 certified public accountant in some state and meets the
2957 requirements of s. 473.3141(1) s. 473.3141(1)(a) or (b).
2958 (e) All shareholders who are not certified public
2959 accountants in any state are engaged in the business of the
2960 corporation as their principal occupation.
2961 (f) It is in compliance with rules adopted by the
2962 department board pertaining to minimum capitalization, letters
2963 of credit, and adequate public liability insurance.
2964 (3) A limited liability company may not engage in the
2965 practice of public accounting, as defined in s. 473.302(7)(a) s.
2966 473.302(8)(a), or meet the requirements of s. 473.3101(1)(b),
2967 unless:
2968 (a) It is a limited liability company duly organized in
2969 this or some other state.
2970 (b) Members of the limited liability company owning at
2971 least 51 percent of the financial interest and voting rights of
2972 the company are certified public accountants in some state.
2973 However, each member who is a certified public accountant in
2974 some state and is domiciled in this state must be a certified
2975 public accountant of this state and hold an active license.
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2976 (c) At least one member of the limited liability company
2977 is a certified public accountant and holds an active license in
2978 this state or, in the case of a firm that must have a license
2979 pursuant to s. 473.3101(1)(c), at least one member is a
2980 certified public accountant in some state and meets the
2981 requirements of s. 473.3141(1) s. 473.3141(1)(a) or (b).
2982 (d) All members who are not certified public accountants
2983 in any state are engaged in the business of the company as their
2984 principal occupation.
2985 (e) It is in compliance with rules adopted by the
2986 department board pertaining to minimum capitalization, letters
2987 of credit, and adequate public liability insurance.
2988 (f) It is currently licensed as required by s. 473.3101.
2989 Section 103. Subsections (1) and (4) of section 473.3101,
2990 Florida Statutes, are amended to read:
2991 473.3101 Licensure of firms or public accounting firms.—
2992 (1) The following must hold a license issued under this
2993 section:
2994 (a) Any firm with an office in this state which performs
2995 services as defined in s. 473.302(7)(a) s. 473.302(8)(a);
2996 (b) Any firm with an office in this state which uses the
2997 title "CPA," "CPA firm," or any other title, designation, words,
2998 letters, abbreviations, or device tending to indicate that it is
2999 a CPA firm. The department board shall define by rule what
3000 constitutes a CPA firm; or
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3001 (c)1. Any firm that does not have an office in this state
3002 but performs the services described in s. 473.3141(4) for a
3003 client having its home office in this state, unless it:
3004 a. Complies with the qualifications described in s.
3005 473.309.
3006 b. Is enrolled in a peer review program pursuant to s.
3007 473.3125(4).
3008 c. Performs services through an individual with practice
3009 privileges under s. 473.3141.
3010 d. Lawfully performs services in a state where an
3011 individual with practice privileges granted under s. 473.3141
3012 has his or her principal place of business.
3013 2. The department board shall define by rule what
3014 constitutes an office.
3015 (4) The department board shall determine whether the firm
3016 or public accounting firm meets the requirements for practice
3017 and, pending that determination, may certify to the department
3018 the firm or public accounting firm for provisional licensure.
3019 Section 104. Subsection (2) of section 473.311, Florida
3020 Statutes, is amended to read:
3021 473.311 Renewal of license.—
3022 (2) The department shall adopt rules establishing a
3023 procedure for the biennial renewal of licenses issued pursuant
3024 to this section every 4 years.
3025 Section 105. Paragraph (a) of subsection (1) and
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3026 subsections (2), (3), and (4) of section 473.3125, Florida
3027 Statutes, are amended to read:
3028 473.3125 Peer review.—
3029 (1) As used in this section, the term:
3030 (a) "Licensee" means a licensed firm or public accounting
3031 firm as defined in s. 473.302 s. 473.302(7) and engaged in the
3032 practice of public accounting as defined in s. 473.302(7)(a) s.
3033 473.302(8)(a) that is required to be licensed under s. 473.3101.
3034 (2) The department board shall adopt rules establishing
3035 minimum standards for peer review programs, including, but not
3036 limited to, standards for administering, performing, and
3037 reporting peer reviews. The department board shall also adopt
3038 rules establishing minimum criteria for the department's board's
3039 approval of one or more organizations that facilitate and
3040 administer peer review programs.
3041 (3) For the purposes of maintaining oversight of the
3042 license renewal requirements of s. 473.311(2), the department
3043 board may establish a peer review oversight committee, which
3044 shall be composed of at least three, but no more than five,
3045 members who are licensed under this chapter and whose firms are
3046 subject to s. 473.311(2) and have received a review rating of
3047 "pass" on the most recent peer review.
3048 (4) Effective January 1, 2015, a licensed firm or public
3049 accounting firm as defined in s. 473.302 s. 473.302(7) and
3050 licensed under s. 473.3101 and engaged in the practice of public
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3051 accounting as defined in s. 473.302(7)(a) s. 473.302(8)(a),
3052 except for the performance of compilations and reviews as those
3053 terms are defined by the department board, must be enrolled in a
3054 peer review program.
3055 Section 106. Section 473.313, Florida Statutes, is amended
3056 to read:
3057 473.313 Inactive status; retired status.—
3058 (1) A Florida certified public accountant may request that
3059 her or his license be placed in an inactive status by making
3060 application to the department. The department board may
3061 prescribe by rule fees for placing a license on inactive status,
3062 renewal of inactive status, and reactivation of an inactive
3063 license.
3064 (a) A license that has become inactive under this
3065 subsection or for failure to complete the requirements in s.
3066 473.312 may be reactivated under s. 473.311 upon application to
3067 the department. The department board may prescribe by rule
3068 continuing education requirements as a condition of reactivating
3069 a license. The maximum continuing education requirements for
3070 reactivating a license are 120 hours, including at least 30
3071 hours in accounting-related and auditing-related subjects, not
3072 more than 30 hours in behavioral subjects, and a minimum of 8
3073 hours in ethics subjects approved by the department board, for
3074 the reactivation of a license that is inactive or delinquent.
3075 (b) A license that is delinquent for failure to report
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3076 completion of the requirements in s. 473.312 may be reactivated
3077 under s. 473.311 upon application to the department.
3078 Reactivation requires the payment of an application fee as
3079 determined by the department board and certification by the
3080 Florida certified public accountant that the applicant
3081 satisfactorily completed the continuing education requirements
3082 set forth under s. 473.311. If the license is delinquent on
3083 January 1 because of failure to report completed continuing
3084 education requirements, the applicant must submit a complete
3085 application to the department board by March 15 immediately
3086 after the delinquent period.
3087 (c) Any Florida certified public accountant holding an
3088 inactive license may be permitted to reactivate such license in
3089 a conditional manner. The conditions of reactivation shall
3090 require the payment of fees and the completion of required
3091 continuing education.
3092 (d) Notwithstanding the provisions of s. 455.271, the
3093 department board may, at its discretion, reinstate the license
3094 of an individual whose license has become null and void if the
3095 individual has made a good faith effort to comply with this
3096 section but has failed to comply because of illness or unusual
3097 hardship. The individual shall apply to the department board for
3098 reinstatement in a manner prescribed by rules of the department
3099 board and shall pay an application fee in an amount determined
3100 by rule of the department board. The department board shall
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3101 require that the individual meet all continuing education
3102 requirements as provided in paragraph (a), pay appropriate
3103 licensing fees, and otherwise be eligible for renewal of
3104 licensure under this chapter.
3105 (2) A Florida certified public accountant who is at least
3106 65 years of age, currently holds an active or inactive license
3107 in good standing under this chapter, and is not the subject of
3108 any sanction or disciplinary action may request that her or his
3109 license be placed on retired status by making application to the
3110 department. The department board may prescribe by rule the
3111 application for placing a license on retired status, which must
3112 state that the applicant has no association with accounting or
3113 any of the services described in s. 473.302 s. 473.302(8). If a
3114 licensee who has been granted retired status reenters the
3115 workforce in a position that has an association with accounting
3116 or any of the services described in s. 473.302 s. 473.302(8),
3117 the licensee automatically loses her or his retired status.
3118 (a) A retired licensee may, without losing her or his
3119 retired status, serve without compensation on a board of
3120 directors or board of trustees, provide volunteer tax
3121 preparation services, participate in a government-sponsored
3122 business mentoring program such as the Internal Revenue
3123 Service's Volunteer Income Tax Assistance program or the Small
3124 Business Administration's SCORE program, or participate in an
3125 advisory role for a similar charitable, civic, or other
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3126 nonprofit non-profit organization.
3127 (b) The department board shall require a retired licensee
3128 to affirm in writing her or his understanding of the limited
3129 types of activities in which she or he may engage while in
3130 retired status and that she or he has a professional duty to
3131 ensure that she or he holds the professional competencies
3132 necessary to participate in such activities.
3133 (c) A retired licensee may accept routine reimbursement
3134 for actual costs of travel and meals associated with volunteer
3135 services or de minimis per diem amounts paid to the licensee to
3136 cover such expenses as allowed by law.
3137 (d) A retired licensee may use the title of "retired CPA"
3138 on any business card or letterhead or any other printed or
3139 electronic document. However, such title must not be applied in
3140 such a manner that could confuse the public as to the current
3141 status of the licensee. The licensee is not required to have a
3142 certificate issued with the word "retired" on the certificate.
3143 (e) A retired licensee is not required to maintain the
3144 continuing education requirements under s. 473.312.
3145 (f) A retired licensee may not offer or render
3146 professional services that require her or his signature and the
3147 use of the CPA title, regardless of whether "retired" is
3148 attached to such title.
3149 (g) A retired licensee may be permitted to reactivate her
3150 or his license in a conditional manner as determined by the
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3151 department board. The conditions of reactivation must require
3152 the payment of fees and the completion of required continuing
3153 education. The department board may prescribe by rule an
3154 application for reactivating a license placed on retired status
3155 and continuing education requirements as a condition of
3156 reactivating a license placed on retired status. The minimum
3157 continuing education requirements for reactivating a license
3158 placed on retired status are those of the most recent biennium
3159 plus one-half of the requirements in s. 473.312 for each
3160 biennium or part thereof during which the license was on retired
3161 status.
3162
3163 For the purposes of this subsection, the term "retired licensee"
3164 means a licensee whose license has been placed in retired status
3165 by the department.
3166 Section 107. Subsections (1), (2), and (4) of section
3167 473.314, Florida Statutes, are amended to read:
3168 473.314 Temporary license.—
3169 (1) The department board shall adopt rules providing for
3170 the issuance of temporary licenses to certified public
3171 accountants or firms of other states who do not meet the
3172 requirements of s. 473.3141, for the purpose of enabling them or
3173 their employees to perform specific engagements involving the
3174 practice of public accountancy in this state. No temporary
3175 license shall be valid for more than 90 days after its issuance,
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3176 and no license shall cover more than one engagement. After the
3177 expiration of 90 days, a new license shall be required.
3178 (2) Each application for a temporary license shall state
3179 the names of all persons who are to enter this state and shall
3180 be accompanied by a fee in an amount established by the
3181 department board not to exceed $400.
3182 (4) Upon certification of the applicant by the board, the
3183 department shall issue a temporary license to the applicant.
3184 Section 108. Subsections (3) and (4) of section 473.315,
3185 Florida Statutes, are amended to read:
3186 473.315 Independence, technical standards.—
3187 (3) The department board shall adopt rules establishing
3188 the standards of practice of public accounting, including, but
3189 not limited to, independence, competence, and technical
3190 standards.
3191 (4) Attorneys who are admitted to practice law by the
3192 Supreme Court of Florida are exempt from the standards of
3193 practice of public accounting as defined in s. 473.302(7)(b) and
3194 (c) s. 473.302(8)(b) and (c) when such standards conflict with
3195 the rules of The Florida Bar or orders of the Florida Supreme
3196 Court.
3197 Section 109. Subsections (5) and (6) of section 473.316,
3198 Florida Statutes, are amended to read:
3199 473.316 Communications between the accountant and client
3200 privileged.—
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3201 (5) Communications are not privileged from disclosure in
3202 any disciplinary investigation or proceeding conducted pursuant
3203 to this act by the department or before the department board or
3204 in any judicial review of such a proceeding. In any such
3205 proceeding, a certified public accountant or public accountant,
3206 without the consent of her or his client, may testify with
3207 respect to any communication between the accountant and the
3208 accountant's client or be compelled, pursuant to a subpoena of
3209 the department or the board, to testify or produce records,
3210 books, or papers. Such a communication disclosed to the
3211 department board and records of the department board relating to
3212 the communication shall for all other purposes and proceedings
3213 be a privileged communication in all of the courts of this
3214 state.
3215 (6) The proceedings, records, and workpapers of a review
3216 committee are privileged and are not subject to discovery,
3217 subpoena, or other means of legal process or to introduction
3218 into evidence in a civil action or arbitration or an,
3219 administrative proceeding, or state accountancy board
3220 proceeding. A member of a review committee or person who was
3221 involved in a quality review may not testify in a civil action
3222 or arbitration or an, administrative proceeding, or state
3223 accountancy board proceeding as to any matter produced or
3224 disclosed during the quality review or as to any findings,
3225 recommendations, evaluations, opinions, or other actions of the
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3226 review committee or any members thereof. Public records and
3227 materials prepared for a particular engagement are not
3228 privileged merely because they were presented during the quality
3229 review. This privilege does not apply to disputes between a
3230 review committee and a person subject to a quality review.
3231 Section 110. Section 473.319, Florida Statutes, is amended
3232 to read:
3233 473.319 Contingent fees.—Public accounting services as
3234 defined in s. 473.302(7)(a) and (c) s. 473.302(8)(a) and (c),
3235 and those that include tax filings with federal, state, or local
3236 government, may shall not be offered or rendered for a fee
3237 contingent upon the findings or results of such service. This
3238 section does not apply to services involving federal, state, or
3239 other taxes in which the findings are those of the tax
3240 authorities and not those of the certified public accountant or
3241 firm. Fees to be fixed by courts or other public authorities,
3242 which are of an indeterminate amount at the time a public
3243 accounting service is undertaken, may shall not be regarded as
3244 contingent fees for purposes of this section.
3245 Section 111. Section 473.3205, Florida Statutes, is
3246 amended to read:
3247 473.3205 Commissions or referral fees.—A certified public
3248 accountant or firm may not accept or pay a commission or
3249 referral fee in connection with the sale or referral of public
3250 accounting services as defined in s. 473.302(7)(a) and (c) s.
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3251 473.302(8)(a) and (c). Any certified public accountant or firm
3252 that is engaged in the practice of public accounting and that
3253 accepts a commission for the sale of a product or service to a
3254 client must disclose that fact to the client in writing in
3255 accordance with rules adopted by the department board. However,
3256 this section may shall not prohibit:
3257 (1) Payments for the purchase of an accounting practice;
3258 (2) Retirement payments to individuals formerly engaged in
3259 the practice of public accounting or payments to their heirs or
3260 estates; or
3261 (3) Payment of fees to a referring certified public
3262 accountant or firm for public accounting services to the
3263 successor certified public accountant or firm or the client in
3264 connection with an engagement.
3265 Section 112. Subsection (3) of section 473.321, Florida
3266 Statutes, is amended to read:
3267 473.321 Fictitious names.—
3268 (3) The department board shall adopt rules for
3269 interpretation of this section.
3270 Section 113. Paragraphs (c) and (e) of subsection (1) of
3271 section 473.322, Florida Statutes, are amended to read:
3272 473.322 Prohibitions; penalties.—
3273 (1) A person may not knowingly:
3274 (c) Perform or offer to perform any services described in
3275 s. 473.302(7)(a) or (d) s. 473.302(8)(a) or (d) unless such
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3276 person holds an active license under this chapter and is a
3277 licensed firm, provides such services through a licensed firm,
3278 or complies with ss. 473.3101 and 473.3141. This paragraph does
3279 not prohibit the performance by persons other than certified
3280 public accountants of other services involving the use of
3281 accounting skills, including the preparation of tax returns and
3282 the preparation of financial statements without expression of
3283 opinion thereon;
3284 (e) Give false or forged evidence to the department board
3285 or a member thereof;
3286 Section 114. Paragraph (m) of subsection (1) and
3287 subsections (2), (3), and (4) of section 473.323, Florida
3288 Statutes, are amended to read:
3289 473.323 Disciplinary proceedings.—
3290 (1) The following acts constitute grounds for which the
3291 disciplinary actions in subsection (3) may be taken:
3292 (m) Failing to provide any written disclosure to a client
3293 or the public which is required by this chapter or rule of the
3294 department board.
3295 (2) The department board shall specify, by rule, what acts
3296 or omissions constitute a violation of subsection (1).
3297 (3) When the department board finds any certified public
3298 accountant or firm guilty of any of the grounds set forth in
3299 subsection (1), it may enter an order imposing one or more of
3300 the following penalties:
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3301 (a) Denial of an application for licensure.
3302 (b) Revocation or suspension of the certified public
3303 accountant or firm's license or practice privileges in this
3304 state.
3305 (c) Imposition of an administrative fine not to exceed
3306 $5,000 for each count or separate offense.
3307 (d) Issuance of a reprimand.
3308 (e) Placement of the certified public accountant on
3309 probation for a period of time and subject to such conditions as
3310 the department board may specify, including requiring the
3311 certified public accountant to attend continuing education
3312 courses or to work under the supervision of another licensee.
3313 (f) Restriction of the authorized scope of practice by the
3314 certified public accountant.
3315 (4) The department shall reissue the license of a
3316 disciplined licensee upon certification by the board that the
3317 disciplined licensee has complied with all of the terms and
3318 conditions set forth in the final order.
3319 Section 115. Subsection (2) of section 474.202, Florida
3320 Statutes, is amended to read:
3321 474.202 Definitions.—As used in this chapter:
3322 (2) "Board" means the Board of Veterinary Medicine.
3323 Section 116. Section 474.2065, Florida Statutes, is
3324 amended to read:
3325 474.2065 Fees.—The department board, by rule, shall
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3326 establish fees for application and examination, reexamination,
3327 license renewal, inactive status, renewal of inactive status,
3328 license reactivation, periodic inspection of veterinary
3329 establishments, and duplicate copies of licenses, certificates,
3330 and permits. The fee for the initial application and examination
3331 may not exceed $650 plus the actual per applicant cost to the
3332 department for purchase of portions of the examination from the
3333 Professional Examination Service for the American Veterinary
3334 Medical Association or a similar national organization. The fee
3335 for licensure by endorsement may not exceed $500. The fee for
3336 temporary licensure may not exceed $200. The department board
3337 shall establish fees that are adequate to ensure its continued
3338 operation and to fund the proportionate expenses incurred by the
3339 department which are allocated to the regulation of
3340 veterinarians. Fees shall be based on departmental estimates of
3341 the revenue required to administer this chapter and the
3342 provisions relating to the regulation of veterinarians.
3343 Section 117. Subsections (1) through (4) of section
3344 474.207, Florida Statutes, are amended to read:
3345 474.207 Licensure by examination.—
3346 (1) Any person desiring to be licensed as a veterinarian
3347 shall apply to the department to take a licensure examination.
3348 The department board may by rule adopt use of a national
3349 examination in lieu of part or all of the examination required
3350 by this section, with a reasonable passing score to be set by
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3351 rule of the department board.
3352 (2) The department shall license each applicant who the
3353 department board certifies has:
3354 (a) Completed the application form and remitted an
3355 examination fee set by the department board.
3356 (b)1. Graduated from a college of veterinary medicine
3357 accredited by the American Veterinary Medical Association
3358 Council on Education; or
3359 2. Graduated from a college of veterinary medicine listed
3360 in the American Veterinary Medical Association Roster of
3361 Veterinary Colleges of the World and obtained a certificate from
3362 the Education Commission for Foreign Veterinary Graduates or the
3363 Program for the Assessment of Veterinary Education Equivalence.
3364 (c) Successfully completed the examination provided by the
3365 department for this purpose, or an examination determined by the
3366 department board to be equivalent.
3367 (d) Demonstrated knowledge of the laws and rules governing
3368 the practice of veterinary medicine in Florida in a manner
3369 designated by rules of the department board.
3370
3371 The department may shall not issue a license to any applicant
3372 who is under investigation in any state or territory of the
3373 United States or in the District of Columbia for an act which
3374 would constitute a violation of this chapter until the
3375 investigation is complete and disciplinary proceedings have been
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3376 terminated, at which time the provisions of s. 474.214 shall
3377 apply.
3378 (3) Notwithstanding the provisions of paragraph (2)(b), an
3379 applicant shall be deemed to have met the education requirements
3380 for licensure upon submission of evidence that the applicant
3381 meets one of the following:
3382 (a) The applicant was certified for examination before by
3383 the board prior to October 1, 1989; or
3384 (b) The applicant immigrated to the United States after
3385 leaving her or his home country because of political reasons,
3386 provided such country is located in the Western Hemisphere and
3387 lacks diplomatic relations with the United States; and
3388 1. Was a Florida resident immediately preceding her or his
3389 application for licensure;
3390 2. Demonstrates to the department board, through
3391 submission of documentation verified by the applicant's
3392 respective professional association in exile, that she or he
3393 received a professional degree in veterinary medicine from a
3394 college or university located in the country from which she or
3395 he emigrated. However, the department board may not require
3396 receipt transcripts from the Republic of Cuba as a condition of
3397 eligibility under this section; and
3398 3. Lawfully practiced her or his profession for at least 3
3399 years.
3400 (4) Applicants certified for examination or reexamination
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3401 under subsection (3) who fail the examination three times
3402 subsequent to October 1, 1989, shall be required to demonstrate
3403 to the department board that they meet the requirements of
3404 paragraph (2)(b) before prior to any further reexamination or
3405 certification for licensure.
3406 Section 118. Section 474.211, Florida Statutes, is amended
3407 to read:
3408 474.211 Renewal of license.—
3409 (1) The department shall renew a license upon receipt of
3410 the renewal application and fee and an affidavit of compliance
3411 with continuing education requirements set by rule of the board.
3412 (2) The department shall adopt rules establishing a
3413 procedure for the biennial renewal of licenses every 4 years.
3414 (3) The board may by rule prescribe continuing education,
3415 not to exceed 30 hours biennially, as a condition for renewal of
3416 a license or certificate. The criteria for such programs,
3417 providers, and courses shall be approved by the board.
3418 Section 119. Subsections (1), (2), and (3) of section
3419 474.2125, Florida Statutes, are amended to read:
3420 474.2125 Temporary license.—
3421 (1) The department board shall adopt rules providing for
3422 the issuance of a temporary license to a licensed veterinarian
3423 of another state for the purpose of enabling her or him to
3424 provide veterinary medical services in this state for the
3425 animals of a specific owner or, as may be needed in an emergency
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3426 as defined in s. 252.34(4), for the animals of multiple owners,
3427 provided the applicant would qualify for licensure by
3428 endorsement under s. 474.217. No temporary license shall be
3429 valid for more than 30 days after its issuance, and no license
3430 shall cover more than the treatment of the animals of one owner
3431 except in an emergency as defined in s. 252.34(4). After the
3432 expiration of 30 days, a new license is required.
3433 (2) Each application for a temporary license shall state
3434 the names of all persons who are to enter this state and shall
3435 be accompanied by a fee in an amount established by the
3436 department board.
3437 (3) Upon certification of the applicant by the board, the
3438 department shall issue a temporary license to the applicant.
3439 Section 120. Paragraph (d) of subsection (1) of section
3440 474.213, Florida Statutes, is amended to read:
3441 474.213 Prohibitions; penalties.—
3442 (1) No person shall:
3443 (d) Give false or forged evidence to the department board
3444 or a member thereof for the purpose of obtaining a license;
3445 Section 121. Paragraphs (a), (f), (h), (j), (v), (aa),
3446 (ee), (jj), and (nn) of subsection (1) and subsections (2) and
3447 (3) of section 474.214, Florida Statutes, are amended to read:
3448 474.214 Disciplinary proceedings.—
3449 (1) The following acts shall constitute grounds for which
3450 the disciplinary actions in subsection (2) may be taken:
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3451 (a) Attempting to procure a license to practice veterinary
3452 medicine by bribery, by fraudulent representations, or through
3453 an error of the department or the board.
3454 (f) Violating any provision of this chapter or chapter
3455 455, a rule of the board or department, or a lawful order of the
3456 board or department previously entered in a disciplinary
3457 hearing, or failing to comply with a lawfully issued subpoena of
3458 the department.
3459 (h) Being unable to practice veterinary medicine with
3460 reasonable skill or safety to patients by reason of illness,
3461 drunkenness, use of drugs, narcotics, chemicals, or any other
3462 material or substance or as a result of any mental or physical
3463 condition. In enforcing this paragraph, upon a finding by the
3464 secretary, the secretary's designee, or the probable cause panel
3465 of the department board that probable cause exists to believe
3466 that the licensee is unable to practice the profession because
3467 of the reasons stated in this paragraph, the department may
3468 shall have the authority to compel a licensee to submit to a
3469 mental or physical examination by a physician designated by the
3470 department. If the licensee refuses to comply with the
3471 department's order, the department may file a petition for
3472 enforcement in the circuit court of the circuit in which the
3473 licensee resides or does business. The licensee may shall not be
3474 named or identified by initials in any other public court
3475 records or documents and the enforcement proceedings shall be
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3476 closed to the public. The department shall be entitled to the
3477 summary procedure provided in s. 51.011. A licensee affected
3478 under this paragraph shall be afforded an opportunity at
3479 reasonable intervals to demonstrate that she or he can resume
3480 the competent practice for which she or he is licensed with
3481 reasonable skill and safety to patients. Neither the record of
3482 proceedings nor the orders entered by the department board in
3483 any proceedings under this paragraph shall be used against a
3484 licensee in any other proceedings.
3485 (j) Knowingly maintaining a professional connection or
3486 association with any person who is in violation of the
3487 provisions of this chapter or the rules of the board or
3488 department. However, if the licensee verifies that the person is
3489 actively participating in a department-approved board-approved
3490 program for the treatment of a physical or mental condition, the
3491 licensee is required only to report such person to the
3492 consultant.
3493 (v) Failing to keep the equipment and premises of the
3494 business establishment in a clean and sanitary condition, having
3495 a premises permit suspended or revoked pursuant to s. 474.215,
3496 or operating or managing premises that do not comply with
3497 requirements established by rule of the department board.
3498 (aa) Failing to report to the department any person the
3499 licensee knows to be in violation of this chapter or of the
3500 rules of the department or board. However, if the licensee
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3501 verifies that the person is actively participating in a
3502 department-approved board-approved program for the treatment of
3503 a physical or mental condition, the licensee is required only to
3504 report such person to the consultant.
3505 (ee) Failing to keep contemporaneously written medical
3506 records as required by rule of the department board.
3507 (jj) Failing to report to the department board within 30
3508 days, in writing, any action set forth in paragraph (b) that has
3509 been taken against the practitioner's license to practice
3510 veterinary medicine by any jurisdiction, including any agency or
3511 subdivision thereof.
3512 (nn) Failing to report a change of address to the
3513 department board within 60 days thereafter thereof.
3514 (2) When the department board finds any applicant or
3515 veterinarian guilty of any of the grounds set forth in
3516 subsection (1), regardless of whether the violation occurred
3517 before prior to licensure, it may enter an order imposing one or
3518 more of the following penalties:
3519 (a) Denial of certification for examination or licensure.
3520 (b) Revocation or suspension of a license.
3521 (c) Imposition of an administrative fine not to exceed
3522 $5,000 for each count or separate offense.
3523 (d) Issuance of a reprimand.
3524 (e) Placement of the veterinarian on probation for a
3525 period of time and subject to such conditions as the department
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3526 board may specify, including requiring the veterinarian to
3527 attend continuing education courses or to work under the
3528 supervision of another veterinarian.
3529 (f) Restricting the authorized scope of practice.
3530 (g) Imposition of costs of the investigation and
3531 prosecution.
3532 (h) Requiring the veterinarian to undergo remedial
3533 education.
3534
3535 In determining appropriate action, the department board must
3536 first consider those sanctions necessary to protect the public.
3537 Only after those sanctions have been imposed may the
3538 disciplining authority consider and include in its order
3539 requirements designed to rehabilitate the veterinarian. All
3540 costs associated with compliance with any order issued under
3541 this subsection are the obligation of the veterinarian.
3542 (3) The department shall reissue the license of a
3543 disciplined veterinarian upon certification by the board that
3544 the disciplined veterinarian has complied with all of the terms
3545 and conditions set forth in the final order and is capable of
3546 competently and safely engaging in the practice of veterinary
3547 medicine.
3548 Section 122. Subsections (1), (5), (7), (8), and (9) of
3549 section 474.215, Florida Statutes, are amended to read:
3550 474.215 Premises permits.—
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3551 (1) Any establishment, permanent or mobile, where a
3552 licensed veterinarian practices must have a premises permit
3553 issued by the department. Upon application and payment of a fee
3554 not to exceed $250, as set by rule of the department board, the
3555 department shall cause such establishment to be inspected. A
3556 premises permit shall be issued if the establishment meets
3557 minimum standards, to be adopted by rule of the department
3558 board, as to sanitary conditions, recordkeeping, equipment,
3559 radiation monitoring, services required, and physical plant.
3560 (5) The department may issue a temporary premises permit
3561 to a responsible veterinarian who has submitted the application
3562 fee and a completed application form affirming compliance with
3563 the standards set by rule of the department board. If the
3564 department inspects the establishment and discovers that it is
3565 not in compliance with the department's standards, the
3566 department shall notify the veterinarian in writing of the
3567 deficiencies and shall provide 30 days for correction of the
3568 deficiencies and reinspection. Such temporary permit shall
3569 become void upon notification by the department that the
3570 establishment has failed, after reinspection, to meet those
3571 standards. Upon receipt of such notice, the responsible
3572 veterinarian shall close the establishment until completion of a
3573 subsequent inspection affirming that the required standards have
3574 been met and until another permit has been issued by the
3575 department.
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3576 (7) The department board by rule shall establish minimum
3577 standards for the operation of limited service veterinary
3578 medical practices. Such rules may shall not restrict limited
3579 service veterinary medical practices and shall be consistent
3580 with the type of limited veterinary medical service provided.
3581 (a) Any person that offers or provides limited service
3582 veterinary medical practice shall obtain a biennial permit from
3583 the department board the cost of which may shall not exceed
3584 $250. The limited service permittee shall register each location
3585 where a limited service clinic is held and shall pay a fee set
3586 by rule not to exceed $25 to register each such location.
3587 (b) All permits issued under this subsection are subject
3588 to the provisions of ss. 474.213 and 474.214.
3589 (c) Notwithstanding any provision of this subsection to
3590 the contrary, any temporary rabies vaccination effort operated
3591 by a county health department in response to a public health
3592 threat, as declared by the State Health Officer in consultation
3593 with the State Veterinarian, is not subject to any
3594 preregistration, time limitation, or fee requirements, but must
3595 adhere to all other requirements for limited service veterinary
3596 medical practice as prescribed by rule. The fee charged to the
3597 public for a rabies vaccination administered during such
3598 temporary rabies vaccination effort may not exceed the actual
3599 cost of administering the rabies vaccine. Such rabies
3600 vaccination efforts may not be used for any purpose other than
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3601 to address the public health consequences of the rabies
3602 outbreak. The department board shall be immediately notified in
3603 writing of any temporary rabies vaccination effort operated
3604 under this paragraph.
3605 (8) Any person who is not a veterinarian licensed under
3606 this chapter but who desires to own and operate a veterinary
3607 medical establishment or limited service clinic shall apply to
3608 the department board for a premises permit. If the department
3609 board certifies that the applicant complies with the applicable
3610 laws and rules of the department board, the department shall
3611 issue a premises permit. No permit shall be issued unless a
3612 licensed veterinarian is designated to undertake the
3613 professional supervision of the veterinary medical practice and
3614 the minimum standards set by rule of the department board for
3615 premises where veterinary medicine is practiced. Upon
3616 application, the department shall submit the permittee's name
3617 for a statewide criminal records correspondence check through
3618 the Department of Law Enforcement. The permittee shall notify
3619 the department board within 10 days after any designation of a
3620 new licensed veterinarian responsible for such duties. A
3621 permittee under this subsection is subject to the provisions of
3622 subsection (9) and s. 474.214.
3623 (9)(a) The department or the board may deny, revoke, or
3624 suspend the permit of any permittee under this section and may
3625 fine, place on probation, or otherwise discipline any such
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3626 permittee who has:
3627 1. Obtained a permit by misrepresentation or fraud or
3628 through an error of the department or board;
3629 2. Attempted to procure, or has procured, a permit for any
3630 other person by making, or causing to be made, any false
3631 representation;
3632 3. Violated any of the requirements of this chapter or any
3633 rule of the department board; or
3634 4. Been convicted or found guilty of, or entered a plea of
3635 nolo contendere to, regardless of adjudication, a felony in any
3636 court of this state, of any other state, or of the United
3637 States.
3638 (b) If the permit is revoked or suspended, the owner,
3639 manager, or proprietor shall cease to operate the premises as a
3640 veterinary medical practice as of the effective date of the
3641 suspension or revocation. In the event of such revocation or
3642 suspension, the owner, manager, or proprietor shall remove from
3643 the premises all signs and symbols identifying the premises as a
3644 veterinary medical practice. The period of any such suspension
3645 shall be prescribed by rule of the department board, but may not
3646 exceed 1 year. If the permit is revoked, the person owning or
3647 operating the establishment may not apply for a permit to
3648 operate a premises for a period of 1 year after the effective
3649 date of such revocation. Upon the effective date of such
3650 revocation, the permittee must advise the department board of
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3651 the disposition of all medicinal drugs and must provide for
3652 ensuring the security, confidentiality, and availability to
3653 clients of all patient medical records.
3654 Section 123. Section 474.216, Florida Statutes, is amended
3655 to read:
3656 474.216 License and premises permit to be displayed.—Each
3657 person to whom a license or premises permit is issued shall keep
3658 such document conspicuously displayed in her or his office,
3659 place of business, or place of employment, whether a permanent
3660 or mobile veterinary establishment or clinic, and shall,
3661 whenever required, exhibit said document to any member or
3662 authorized representative of the department board.
3663 Section 124. Subsections (6), (8), (10), and (11) of
3664 section 474.2165, Florida Statutes, are amended to read:
3665 474.2165 Ownership and control of veterinary medical
3666 patient records; report or copies of records to be furnished.—
3667 (6) The department may obtain patient records pursuant to
3668 a subpoena without written authorization from the client if the
3669 department finds and the probable cause panel of the board find
3670 reasonable cause to believe that a veterinarian has excessively
3671 or inappropriately prescribed any controlled substance specified
3672 in chapter 893 in violation of this chapter or that a
3673 veterinarian has practiced his or her profession below that
3674 level of care, skill, and treatment required as defined by this
3675 chapter.
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3676 (8) Notwithstanding the provisions of s. 455.242, records
3677 owners shall notify the department board office when they are
3678 terminating practice, retiring, or relocating and are no longer
3679 available to patients, specifying who the new records owner is
3680 and where the medical records can be found.
3681 (10) Veterinarians in violation of the provisions of this
3682 section shall be disciplined by the department board.
3683 (11) A records owner furnishing copies of reports or
3684 records pursuant to this section shall charge no more than the
3685 actual cost of copying, including reasonable staff time, or the
3686 amount specified in administrative rule by the department board.
3687 Section 125. Subsection (1) of section 474.217, Florida
3688 Statutes, is amended to read:
3689 474.217 Licensure by endorsement.—
3690 (1) The department shall issue a license by endorsement to
3691 any applicant who, upon applying to the department and remitting
3692 a fee set by the department board, demonstrates to the
3693 department board that she or he:
3694 (a) Has demonstrated, in a manner designated by rule of
3695 the department board, knowledge of the laws and rules governing
3696 the practice of veterinary medicine in this state; and
3697 (b)1. Holds, and has held for the 3 years immediately
3698 preceding the application for licensure, a valid, active license
3699 to practice veterinary medicine in another state of the United
3700 States, the District of Columbia, or a territory of the United
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3701 States, provided that the applicant has successfully completed a
3702 state, regional, national, or other examination that is
3703 equivalent to or more stringent than the examination required by
3704 the department board; or
3705 2. Meets the qualifications of s. 474.207(2)(b) and has
3706 successfully completed a state, regional, national, or other
3707 examination which is equivalent to or more stringent than the
3708 examination given by the department and has passed the
3709 department's board's clinical competency examination or another
3710 clinical competency examination specified by rule of the
3711 department board.
3712 Section 126. Section 474.221, Florida Statutes, is amended
3713 to read:
3714 474.221 Impaired practitioner provisions; applicability.—
3715 Notwithstanding the transfer of the Division of Medical Quality
3716 Assurance to the Department of Health or any other provision of
3717 law to the contrary, veterinarians licensed under this chapter
3718 shall be governed by the impaired practitioner program
3719 provisions of s. 456.076 as if they were under the jurisdiction
3720 of the Division of Medical Quality Assurance, except that for
3721 veterinarians the Department of Business and Professional
3722 Regulation shall, at its option, exercise any of the powers
3723 granted to the Department of Health by that section, and "board"
3724 shall mean board as defined in this chapter.
3725 Section 127. Subsection (6) of section 475.451, Florida
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3726 Statutes, is amended to read:
3727 475.451 Schools teaching real estate practice.—
3728 (6) Any course prescribed by the commission as a condition
3729 precedent to a person's becoming initially licensed as a sales
3730 associate or broker may be taught by a real estate school in a
3731 classroom or via distance learning pursuant to s. 475.17(2) by a
3732 currently permitted instructor from any such school. All other
3733 prescribed courses, except the continuing education course
3734 required by s. 475.182, shall be taught by a currently permitted
3735 school instructor personally in attendance at such course or by
3736 distance learning pursuant to s. 475.17. The continuing
3737 education course required by s. 475.182 may be taught by
3738 distance learning pursuant to s. 475.17 or by an equivalent
3739 correspondence course; however, any such correspondence course
3740 shall be required to have a final examination, prepared and
3741 administered by the school or course provider issuing the
3742 correspondence course. The continuing education requirements
3743 provided in this chapter do not apply to an attorney who is
3744 otherwise qualified under this chapter and who is a member in
3745 good standing of The Florida Bar.
3746 Section 128. Subsection (4) of section 476.034, Florida
3747 Statutes, is amended to read:
3748 476.034 Definitions.—As used in this act:
3749 (4) "Board" means the Barbers' Board.
3750 Section 129. Subsection (2) of section 476.074, Florida
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3751 Statutes, is amended to read:
3752 476.074 Legal, investigative, and inspection services.—
3753 (2) The department shall provide all investigative
3754 services required by the board or the department in carrying out
3755 the provisions of this act.
3756 Section 130. Paragraph (c) of subsection (2) and
3757 subsection (3) of section 476.114, Florida Statutes, are amended
3758 to read:
3759 476.114 Examination; prerequisites.—
3760 (2) An applicant is eligible for licensure by examination
3761 to practice barbering if the applicant:
3762 (c) Has received a minimum of 900 hours of training in
3763 sanitation, safety, and laws and rules, as established by the
3764 department board, which must include, but is not limited to, the
3765 equivalent of completion of services directly related to the
3766 practice of barbering at one of the following:
3767 1. A school of barbering licensed pursuant to chapter
3768 1005;
3769 2. A barbering program within the public school system; or
3770 3. A government-operated barbering program in this state.
3771
3772 The department board shall establish by rule procedures whereby
3773 the school or program may certify that a person is qualified to
3774 take the required examination after the completion of a minimum
3775 of 600 actual school hours. If the person passes the
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3776 examination, she or he has satisfied this requirement,; but if
3777 the person fails the examination, she or he may not be qualified
3778 to take the examination again until the completion of the full
3779 requirements provided by this section.
3780 (3) An applicant who meets the requirements set forth in
3781 paragraph (2)(c) who fails to pass the examination may take
3782 subsequent examinations as many times as necessary to pass,
3783 except that the department board may specify by rule reasonable
3784 timeframes for rescheduling the examination and additional
3785 training requirements for applicants who, after the third
3786 attempt, fail to pass the examination. Before Prior to
3787 reexamination, the applicant must file the appropriate form and
3788 pay the reexamination fee as required by rule.
3789 Section 131. Subsections (1) and (2) of section 476.134,
3790 Florida Statutes, are amended to read:
3791 476.134 Examinations.—
3792 (1) Examinations of applicants for licenses as barbers
3793 shall be offered not less than four times each year. The
3794 examination of applicants for licenses as barbers shall include
3795 a written test. The department may board shall have the
3796 authority to adopt rules with respect to the examination of
3797 applicants for licensure. The department board may provide rules
3798 with respect to written examinations in such manner as the
3799 department board may deem fit.
3800 (2) The department board shall adopt rules specifying the
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3801 areas of competency to be covered by the examination. Such rules
3802 shall include the relative weight assigned in grading each area.
3803 All areas tested shall be reasonably related to the protection
3804 of the public and the applicant's competency to practice
3805 barbering in a manner which will not endanger the public.
3806 Section 132. Subsections (1), (2), (5), and (6) of section
3807 476.144, Florida Statutes, are amended to read:
3808 476.144 Licensure.—
3809 (1) The department shall license any applicant who the
3810 department board certifies is qualified to practice barbering in
3811 this state.
3812 (2) The department board shall certify for licensure any
3813 applicant who satisfies the requirements of s. 476.114, and who
3814 passes the required examination, achieving a passing grade as
3815 established by department board rule.
3816 (5) The department board shall certify as qualified for
3817 licensure by endorsement as a barber in this state an applicant
3818 who holds a current active license to practice barbering in
3819 another state. The department board shall adopt rules specifying
3820 procedures for the licensure by endorsement of practitioners
3821 desiring to be licensed in this state who hold a current active
3822 license in another country and who have met qualifications
3823 substantially similar to, equivalent to, or greater than the
3824 qualifications required of applicants from this state.
3825 (6) A person may apply for a restricted license to
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3826 practice barbering. The department board shall adopt rules
3827 specifying procedures for an applicant to obtain a restricted
3828 license if the applicant:
3829 (a)1. Has successfully completed a restricted barber
3830 course, as established by rule of the department board, at a
3831 school of barbering licensed pursuant to chapter 1005, a
3832 barbering program within the public school system, or a
3833 government-operated barbering program in this state; or
3834 2.a. Holds or has within the previous 5 years held an
3835 active valid license to practice barbering in another state or
3836 country or has held a Florida barbering license which has been
3837 declared null and void for failure to renew the license, and the
3838 applicant fulfilled the requirements of s. 476.114(2)(c) for
3839 initial licensure; and
3840 b. Has not been disciplined relating to the practice of
3841 barbering in the previous 5 years; and
3842 (b) Passes a written examination on the laws and rules
3843 governing the practice of barbering in Florida, as established
3844 by the department board.
3845
3846 The restricted license shall limit the licensee's practice to
3847 those specific areas in which the applicant has demonstrated
3848 competence pursuant to rules adopted by the department board.
3849 Section 133. Section 476.154, Florida Statutes, is amended
3850 to read:
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3851 476.154 Biennial Renewal of licenses.—
3852 (1) Each licensed barber who continues in active practice
3853 or service shall renew her or his license every 4 years
3854 biennially and pay the required fee.
3855 (2) Any license or certificate of registration issued
3856 pursuant to this act for a period less than the established
3857 biennial issuance period may be issued for that lesser period of
3858 time, and the department shall adjust the required fee
3859 accordingly. The department board shall adopt rules providing
3860 for such partial period fee adjustments.
3861 (3)(a) The department shall renew a license upon receipt
3862 of the renewal application and fee.
3863 (b) The department shall adopt rules establishing a
3864 procedure for the biennial renewal of licenses.
3865 Section 134. Subsection (2) of section 476.155, Florida
3866 Statutes, is amended to read:
3867 476.155 Inactive status; reactivation of inactive
3868 license.—
3869 (2) The department board shall adopt promulgate rules
3870 relating to licenses which have become inactive and for the
3871 renewal of inactive licenses. The department board shall
3872 prescribe by rule a fee not to exceed $100 for the reactivation
3873 of an inactive license and a fee not to exceed $50 for the
3874 renewal of an inactive license.
3875 Section 135. Subsection (1) of section 476.192, Florida
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3876 Statutes, is amended to read:
3877 476.192 Fees; disposition.—
3878 (1) The department board shall set by rule fees according
3879 to the following schedule:
3880 (a) For barbers, fees for original licensing, license
3881 renewal, and delinquent renewal may shall not exceed $100.
3882 (b) For barbers, fees for endorsement application,
3883 examination, and reexamination may shall not exceed $150.
3884 (c) For barbershops, fees for license application,
3885 original licensing, license renewal, and delinquent renewal may
3886 shall not exceed $150.
3887 (d) For duplicate licenses and certificates, fees may
3888 shall not exceed $25.
3889 Section 136. Paragraph (i) of subsection (1) and
3890 subsection (2) of section 476.204, Florida Statutes, are amended
3891 to read:
3892 476.204 Penalties.—
3893 (1) It is unlawful for any person to:
3894 (i) Violate or refuse to comply with any provision of this
3895 chapter or chapter 455 or a rule or final order of the
3896 department board.
3897 (2) Any person who violates any provision of this section
3898 shall be subject to one or more of the following penalties, as
3899 determined by the department board:
3900 (a) Revocation or suspension of any license or
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3901 registration issued pursuant to this chapter.
3902 (b) Issuance of a reprimand or censure.
3903 (c) Imposition of an administrative fine not to exceed
3904 $500 for each count or separate offense.
3905 (d) Placement on probation for a period of time and
3906 subject to such reasonable conditions as the department board
3907 may specify.
3908 (e) Refusal to certify to the department an applicant for
3909 licensure.
3910 Section 137. Section 476.214, Florida Statutes, is amended
3911 to read:
3912 476.214 Grounds for suspending, revoking, or refusing to
3913 grant license or certificate.—
3914 (1) The department may board shall have the power to
3915 revoke or suspend any license, registration card, or certificate
3916 of registration issued pursuant to this act, or to reprimand,
3917 censure, deny subsequent licensure of, or otherwise discipline
3918 any holder of a license, registration card, or certificate of
3919 registration issued pursuant to this act, for any of the
3920 following causes:
3921 (a) Gross malpractice or gross incompetency in the
3922 practice of barbering;
3923 (b) Practice by a person knowingly having an infectious or
3924 contagious disease; or
3925 (c) Commission of any of the offenses described in s.
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3926 476.194.
3927 (2) The department board shall keep a record of its
3928 disciplinary proceedings against holders of licenses or
3929 certificates of registration issued pursuant to this act.
3930 (3) The department may shall not issue or renew a license
3931 or certificate of registration under this chapter to any person
3932 against whom or barbershop against which the department board
3933 has assessed a fine, interest, or costs associated with
3934 investigation and prosecution until the person or barbershop has
3935 paid in full such fine, interest, or costs associated with
3936 investigation and prosecution or until the person or barbershop
3937 complies with or satisfies all terms and conditions of the final
3938 order.
3939 Section 138. Section 476.234, Florida Statutes, is amended
3940 to read:
3941 476.234 Civil proceedings.—In addition to any other
3942 remedy, the department may file a proceeding in the name of the
3943 state seeking issuance of a restraining order, injunction, or
3944 writ of mandamus against any person who is or has been violating
3945 any of the provisions of this act or the lawful rules or orders
3946 of the board, commission, or department.
3947 Section 139. Subsections (2) through (13) of section
3948 477.013, Florida Statutes, are renumbered as subsections (1)
3949 through (12), respectively, and present subsections (1) and (8)
3950 of that section are amended to read:
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3951 477.013 Definitions.—As used in this chapter:
3952 (1) "Board" means the Board of Cosmetology.
3953 (7)(8) "Specialty salon" means any place of business
3954 wherein the practice of one or all of the specialties as defined
3955 in subsection (5) (6) are engaged in or carried on.
3956 Section 140. Subsections (7), (8), and (9) of section
3957 477.0135, Florida Statutes, are amended to read:
3958 477.0135 Exemptions.—
3959 (7) A license or registration is not required for a person
3960 whose occupation or practice is confined solely to hair braiding
3961 as defined in s. 477.013(8) s. 477.013(9).
3962 (8) A license or registration is not required for a person
3963 whose occupation or practice is confined solely to hair wrapping
3964 as defined in s. 477.013(9) s. 477.013(10).
3965 (9) A license or registration is not required for a person
3966 whose occupation or practice is confined solely to body wrapping
3967 as defined in s. 477.013(11) s. 477.013(12).
3968 Section 141. Section 477.016, Florida Statutes, is amended
3969 to read:
3970 477.016 Rulemaking.—
3971 (1) The department board may adopt rules pursuant to ss.
3972 120.536(1) and 120.54 to implement the provisions of this
3973 chapter conferring duties upon it.
3974 (2) The department board may by rule adopt any restriction
3975 established by a regulation of the United States Food and Drug
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3976 Administration related to the use of a cosmetic product or any
3977 substance used in the practice of cosmetology if the department
3978 board finds that the product or substance poses a risk to the
3979 health, safety, and welfare of clients or persons providing
3980 cosmetology services.
3981 Section 142. Section 477.018, Florida Statutes, is amended
3982 to read:
3983 477.018 Investigative services.—The department shall
3984 provide all investigative services required by the board or the
3985 department in carrying out the provisions of this act.
3986 Section 143. Subsections (2), (3), (5), (6), and (7) of
3987 section 477.019, Florida Statutes, are amended to read:
3988 477.019 Cosmetologists; qualifications; licensure;
3989 supervised practice; license renewal; endorsement; continuing
3990 education.—
3991 (2) An applicant is eligible for licensure by examination
3992 to practice cosmetology if the applicant:
3993 (a) Is at least 16 years of age or has received a high
3994 school diploma;
3995 (b) Pays the required application fee, which is not
3996 refundable, and the required examination fee, which is
3997 refundable if the applicant is determined to not be eligible for
3998 licensure for any reason other than failure to successfully
3999 complete the licensure examination; and
4000 (c) Has received a minimum of 1,200 hours of training as
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4001 established by the department board, which must include, but is
4002 not limited to, the equivalent of completion of services
4003 directly related to the practice of cosmetology at one of the
4004 following:
4005 1. A school of cosmetology licensed pursuant to chapter
4006 1005.
4007 2. A cosmetology program within the public school system.
4008 3. The Cosmetology Division of the Florida School for the
4009 Deaf and the Blind, provided the division meets the standards of
4010 this chapter.
4011 4. A government-operated cosmetology program in this
4012 state.
4013
4014 The department board shall establish by rule procedures whereby
4015 the school or program may certify that a person is qualified to
4016 take the required examination after the completion of a minimum
4017 of 1,000 actual school hours. If the person then passes the
4018 examination, he or she has satisfied this requirement,; but if
4019 the person fails the examination, he or she may not be qualified
4020 to take the examination again until the completion of the full
4021 requirements provided by this section.
4022 (3) Upon an applicant receiving a passing grade, as
4023 established by department board rule, on the examination and
4024 paying the initial licensing fee, the department shall issue a
4025 license to practice cosmetology.
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4026 (5) Renewal of license registration shall be accomplished
4027 pursuant to rules adopted by the department board.
4028 (6) The department board shall certify as qualified for
4029 licensure by endorsement as a cosmetologist in this state an
4030 applicant who holds a current active license to practice
4031 cosmetology in another state.
4032 (7)(a) The board shall prescribe by rule continuing
4033 education requirements intended to ensure protection of the
4034 public through updated training of licensees and registered
4035 specialists, not to exceed 10 hours biennially, as a condition
4036 for renewal of a license or registration as a specialist under
4037 this chapter. Continuing education courses shall include, but
4038 not be limited to, the following subjects as they relate to the
4039 practice of cosmetology: human immunodeficiency virus and
4040 acquired immune deficiency syndrome; Occupational Safety and
4041 Health Administration regulations; workers' compensation issues;
4042 state and federal laws and rules as they pertain to
4043 cosmetologists, cosmetology, salons, specialists, specialty
4044 salons, and booth renters; chemical makeup as it pertains to
4045 hair, skin, and nails; and environmental issues. Courses given
4046 at cosmetology conferences may be counted toward the number of
4047 continuing education hours required if approved by the board.
4048 (b) The board may, by rule, require any licensee in
4049 violation of a continuing education requirement to take a
4050 refresher course or refresher course and examination in addition
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4051 to any other penalty. The number of hours for the refresher
4052 course may not exceed 48 hours.
4053 Section 144. Paragraphs (b) and (c) of subsection (1) and
4054 subsections (4) and (5) of section 477.0201, Florida Statutes,
4055 are amended to read:
4056 477.0201 Specialty registration; qualifications;
4057 registration renewal; endorsement.—
4058 (1) Any person is qualified for registration as a
4059 specialist in any specialty practice within the practice of
4060 cosmetology under this chapter who:
4061 (b) Has received a certificate of completion for:
4062 1. One hundred and eighty hours of training, as
4063 established by the department board, which shall focus primarily
4064 on sanitation and safety, to practice specialties as defined in
4065 s. 477.013(5)(a) and (b) s. 477.013(6)(a) and (b);
4066 2. Two hundred and twenty hours of training, as
4067 established by the department board, which shall focus primarily
4068 on sanitation and safety, to practice the specialty as defined
4069 in s. 477.013(5)(c) s. 477.013(6)(c); or
4070 3. Four hundred hours of training or the number of hours
4071 of training required to maintain minimum Pell Grant
4072 requirements, as established by the department board, which
4073 shall focus primarily on sanitation and safety, to practice the
4074 specialties as defined in s. 477.013(5)(a)-(c) s. 477.013(6)(a)-
4075 (c).
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4076 (c) The certificate of completion specified in paragraph
4077 (b) must be from one of the following:
4078 1. A school licensed pursuant to s. 477.023.
4079 2. A school licensed pursuant to chapter 1005 or the
4080 equivalent licensing authority of another state.
4081 3. A specialty program within the public school system.
4082 4. A specialty division within the Cosmetology Division of
4083 the Florida School for the Deaf and the Blind, provided the
4084 training programs comply with minimum curriculum requirements
4085 established by the department board.
4086 (4) Renewal of registration shall be accomplished pursuant
4087 to rules adopted by the department board.
4088 (5) The department board shall adopt rules specifying
4089 procedures for the registration of specialty practitioners
4090 desiring to be registered in this state who have been registered
4091 or licensed and are practicing in states which have registering
4092 or licensing standards substantially similar to, equivalent to,
4093 or more stringent than the standards of this state.
4094 Section 145. Subsection (2) of section 477.0212, Florida
4095 Statutes, is amended to read:
4096 477.0212 Inactive status.—
4097 (2) The department board shall adopt rules relating to
4098 licenses that become inactive and for the renewal of inactive
4099 licenses. The rules may not require more than one renewal cycle
4100 of continuing education to reactivate a license. The department
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4101 board shall prescribe by rule a fee not to exceed $50 for the
4102 reactivation of an inactive license and a fee not to exceed $50
4103 for the renewal of an inactive license.
4104 Section 146. Subsections (1) and (2) of section 477.022,
4105 Florida Statutes, are amended to read:
4106 477.022 Examinations.—
4107 (1) The department board shall ensure that examinations
4108 adequately measure both an applicant's competency and her or his
4109 knowledge of related statutory requirements. Professional
4110 testing services may be utilized to formulate the examinations.
4111 The department board may offer a written clinical examination or
4112 a performance examination, or both, in addition to a written
4113 theory examination.
4114 (2) The department board shall ensure that examinations
4115 comply with state and federal equal employment opportunity
4116 guidelines.
4117 Section 147. Subsections (2), (8), (9), and (10) of
4118 section 477.025, Florida Statutes, are amended to read:
4119 477.025 Cosmetology salons; specialty salons; requisites;
4120 licensure; inspection; mobile cosmetology salons.—
4121 (2) The department board shall adopt rules governing the
4122 licensure and operation of salons and specialty salons and their
4123 facilities, personnel, safety and sanitary requirements, and the
4124 license application and granting process.
4125 (8) Renewal of license registration for cosmetology salons
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4126 or specialty salons shall be accomplished pursuant to rules
4127 adopted by the department board. The department board is further
4128 authorized to adopt rules governing delinquent renewal of
4129 licenses and may impose penalty fees for delinquent renewal.
4130 (9) The department may board is authorized to adopt rules
4131 governing the periodic inspection of cosmetology salons and
4132 specialty salons licensed under this chapter.
4133 (10)(a) The department board shall adopt rules governing
4134 the licensure, operation, and inspection of mobile cosmetology
4135 salons, including their facilities, personnel, and safety and
4136 sanitary requirements.
4137 (b) Each mobile salon must comply with all licensure and
4138 operating requirements specified in this chapter or chapter 455
4139 or rules of the board or department that apply to cosmetology
4140 salons at fixed locations, except to the extent that such
4141 requirements conflict with this subsection or rules adopted
4142 pursuant to this subsection.
4143 (c) A mobile cosmetology salon must maintain a permanent
4144 business address, located in the inspection area of the local
4145 department office, at which records of appointments,
4146 itineraries, license numbers of employees, and vehicle
4147 identification numbers of the licenseholder's mobile salon shall
4148 be kept and made available for verification purposes by
4149 department personnel, and at which correspondence from the
4150 department can be received.
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4151 (d) To facilitate periodic inspections of mobile
4152 cosmetology salons, before prior to the beginning of each month
4153 each mobile salon licenseholder must file with the department
4154 board a written monthly itinerary listing the locations where
4155 and the dates and hours when the mobile salon will be operating.
4156 (e) The department board shall establish fees for mobile
4157 cosmetology salons, not to exceed the fees for cosmetology
4158 salons at fixed locations.
4159 (f) The operation of mobile cosmetology salons must be in
4160 compliance with all local laws and ordinances regulating
4161 business establishments, with all applicable requirements of the
4162 Americans with Disabilities Act relating to accommodations for
4163 persons with disabilities, and with all applicable OSHA
4164 requirements.
4165 Section 148. Section 477.026, Florida Statutes, is amended
4166 to read:
4167 477.026 Fees; disposition.—
4168 (1) The department board shall set fees according to the
4169 following schedule:
4170 (a) For cosmetologists, fees for original licensing,
4171 license renewal, and delinquent renewal may shall not exceed
4172 $50.
4173 (b) For cosmetologists, fees for endorsement application,
4174 examination, and reexamination may shall not exceed $50.
4175 (c) For cosmetology and specialty salons, fees for license
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4176 application, original licensing, license renewal, and delinquent
4177 renewal may shall not exceed $50.
4178 (d) For specialists, fees for application and endorsement
4179 registration may shall not exceed $30.
4180 (e) For specialists, fees for initial registration,
4181 registration renewal, and delinquent renewal may shall not
4182 exceed $50.
4183 (2) All moneys collected by the department from fees
4184 authorized by this chapter shall be paid into the Professional
4185 Regulation Trust Fund, which fund is created in the department,
4186 and shall be applied in accordance with ss. 215.37 and 455.219.
4187 The Legislature may appropriate any excess moneys from this fund
4188 to the General Revenue Fund.
4189 (3) The department, with the advice of the board, shall
4190 prepare and submit a proposed budget in accordance with law.
4191 Section 149. Subsections (2) and (4) of section 477.0263,
4192 Florida Statutes, are amended to read:
4193 477.0263 Cosmetology services to be performed in licensed
4194 salon; exceptions.—
4195 (2) Pursuant to rules established by the department board,
4196 cosmetology services may be performed by a licensed
4197 cosmetologist in a location other than a licensed salon,
4198 including, but not limited to, a nursing home, hospital, or
4199 residence, when a client for reasons of ill health is unable to
4200 go to a licensed salon. Arrangements for the performance of such
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4201 cosmetology services in a location other than a licensed salon
4202 shall be made only through a licensed salon.
4203 (4) Pursuant to rules adopted by the department board, any
4204 cosmetology or specialty service may be performed in a location
4205 other than a licensed salon when the service is performed in
4206 connection with a special event and is performed by a person who
4207 holds the proper license or specialty registration.
4208 Section 150. Section 477.028, Florida Statutes, is amended
4209 to read:
4210 477.028 Disciplinary proceedings.—
4211 (1) The department may board shall have the power to
4212 revoke or suspend the license of a cosmetologist licensed under
4213 this chapter, or the registration of a specialist registered
4214 under this chapter, and to reprimand, censure, deny subsequent
4215 licensure or registration of, or otherwise discipline a
4216 cosmetologist or a specialist licensed or registered under this
4217 chapter in any of the following cases:
4218 (a) Upon proof that a license or registration has been
4219 obtained by fraud or misrepresentation.
4220 (b) Upon proof that the holder of a license or
4221 registration is guilty of fraud or deceit or of gross
4222 negligence, incompetency, or misconduct in the practice or
4223 instruction of cosmetology or a specialty.
4224 (c) Upon proof that the holder of a license or
4225 registration is guilty of aiding, assisting, procuring, or
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4226 advising any unlicensed person to practice as a cosmetologist.
4227 (2) The department may board shall have the power to
4228 revoke or suspend the license of a cosmetology salon or a
4229 specialty salon licensed under this chapter, to deny subsequent
4230 licensure of such salon, or to reprimand, censure, or otherwise
4231 discipline the owner of such salon in either of the following
4232 cases:
4233 (a) Upon proof that a license has been obtained by fraud
4234 or misrepresentation.
4235 (b) Upon proof that the holder of a license is guilty of
4236 fraud or deceit or of gross negligence, incompetency, or
4237 misconduct in the operation of the salon so licensed.
4238 (3) Disciplinary proceedings shall be conducted pursuant
4239 to the provisions of chapter 120.
4240 (4) The department may shall not issue or renew a license
4241 or certificate of registration under this chapter to any person
4242 against whom or salon against which the department board has
4243 assessed a fine, interest, or costs associated with
4244 investigation and prosecution until the person or salon has paid
4245 in full such fine, interest, or costs associated with
4246 investigation and prosecution or until the person or salon
4247 complies with or satisfies all terms and conditions of the final
4248 order.
4249 Section 151. Paragraph (i) of subsection (1) and
4250 subsection (2) of section 477.029, Florida Statutes, are amended
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4251 to read:
4252 477.029 Penalty.—
4253 (1) It is unlawful for any person to:
4254 (i) Violate or refuse to comply with any provision of this
4255 chapter or chapter 455 or a rule or final order of the board or
4256 the department.
4257 (2) Any person who violates the provisions of this section
4258 shall be subject to one or more of the following penalties, as
4259 determined by the department board:
4260 (a) Revocation or suspension of any license or
4261 registration issued pursuant to this chapter.
4262 (b) Issuance of a reprimand or censure.
4263 (c) Imposition of an administrative fine not to exceed
4264 $500 for each count or separate offense.
4265 (d) Placement on probation for a period of time and
4266 subject to such reasonable conditions as the department board
4267 may specify.
4268 (e) Refusal to certify to the department an applicant for
4269 licensure.
4270 Section 152. Subsections (4) through (16) of section
4271 481.203, Florida Statutes, are renumbered as subsections (3)
4272 through (15), respectively, and subsection (3) and present
4273 subsection (8) of that section are amended to read:
4274 481.203 Definitions.—As used in this part, the term:
4275 (3) "Board" means the Board of Architecture and Interior
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4276 Design.
4277 (7)(8) "Diversified interior design experience" means
4278 experience which substantially encompasses the various elements
4279 of interior design services set forth under the definition of
4280 "interior design" in subsection (9) (10).
4281 Section 153. Section 481.207, Florida Statutes, is amended
4282 to read:
4283 481.207 Fees.—The department board, by rule, may establish
4284 fees for architects and registered interior designers, to be
4285 paid for applications, examination, reexamination, licensing and
4286 renewal, delinquency, reinstatement, and recordmaking and
4287 recordkeeping. The examination fee shall be in an amount that
4288 covers the cost of obtaining and administering the examination
4289 and shall be refunded if the applicant is found ineligible to
4290 sit for the examination. The application fee is nonrefundable.
4291 The fee for initial application and examination for architects
4292 may not exceed $775 plus the actual per applicant cost to the
4293 department for purchase of the examination from the National
4294 Council of Architectural Registration Boards or similar national
4295 organizations. The initial nonrefundable fee for registered
4296 interior designers may not exceed $75. The biennial renewal fee
4297 for architects may not exceed $200. The biennial renewal fee for
4298 registered interior designers may not exceed $75. The
4299 delinquency fee may not exceed the biennial renewal fee
4300 established by the department board for an active license. The
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4301 department board shall establish fees that are adequate to
4302 ensure the continued operation of the department board and to
4303 fund the proportionate expenses incurred by the department which
4304 are allocated to the regulation of architects and registered
4305 interior designers. Fees shall be based on department estimates
4306 of the revenue required to implement this part and the
4307 provisions of law with respect to the regulation of architects
4308 and interior designers.
4309 Section 154. Subsection (1) of section 481.209, Florida
4310 Statutes, is amended to read:
4311 481.209 Examinations.—
4312 (1) A person desiring to be licensed as a registered
4313 architect by initial examination shall apply to the department,
4314 complete the application form, and remit a nonrefundable
4315 application fee. The department shall license any applicant who
4316 the department board certifies has passed the licensure
4317 examination prescribed by department board rule and is a
4318 graduate of a school or college of architecture with a program
4319 accredited by the National Architectural Accreditation Board.
4320 Section 155. Section 481.211, Florida Statutes, is amended
4321 to read:
4322 481.211 Architecture internship required.—An applicant for
4323 licensure as a registered architect shall complete, before
4324 licensure, an internship of diversified architectural experience
4325 approved by the department board, which meets the requirements
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4326 set forth by rule.
4327 Section 156. Section 481.215, Florida Statutes, is amended
4328 to read:
4329 481.215 Renewal of license or certificate of
4330 registration.—
4331 (1) Subject to the requirement of subsection (3), The
4332 department shall renew a license or certificate of registration
4333 upon receipt of the renewal application and renewal fee.
4334 (2) The department shall adopt rules establishing a
4335 procedure for the biennial renewal of licenses and certificates
4336 of registration every 4 years.
4337 (3) A license or certificate of registration renewal may
4338 not be issued to an architect or a registered interior designer
4339 by the department until the licensee or registrant submits proof
4340 satisfactory to the department that, during the 2 years before
4341 application for renewal, the licensee or registrant participated
4342 per biennium in not less than 20 hours of at least 50 minutes
4343 each per biennium of continuing education approved by the board.
4344 The board shall approve only continuing education that builds
4345 upon the basic knowledge of architecture or interior design. The
4346 board may make exception from the requirements of continuing
4347 education in emergency or hardship cases.
4348 (4) The board shall by rule establish criteria for the
4349 approval of continuing education courses and providers and shall
4350 by rule establish criteria for accepting alternative
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4351 nonclassroom continuing education on an hour-for-hour basis.
4352 (5) For a license or certificate of registration, the
4353 board shall require, by rule adopted pursuant to ss. 120.536(1)
4354 and 120.54, 2 hours in specialized or advanced courses on any
4355 portion of the Florida Building Code, adopted pursuant to part
4356 IV of chapter 553, relating to the licensee's respective area of
4357 practice. Such hours count toward the continuing education hours
4358 required under subsection (3). A licensee may complete the
4359 courses required under this subsection online.
4360 Section 157. Section 481.217, Florida Statutes, is amended
4361 to read:
4362 481.217 Inactive status.—
4363 (1) The board may prescribe by rule continuing education
4364 requirements as a condition of reactivating a license. The rules
4365 may not require more than one renewal cycle of continuing
4366 education to reactivate a license or registration for a
4367 registered architect or registered interior designer.
4368 (2) The department board shall adopt rules relating to
4369 application procedures for inactive status and for the
4370 reactivation of inactive licenses and registrations.
4371 Section 158. Subsection (2), paragraph (b) of subsection
4372 (3), and subsection (5) of section 481.219, Florida Statutes,
4373 are amended to read:
4374 481.219 Qualification of business organizations.—
4375 (2) If a licensee or an applicant proposes to engage in
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4376 the practice of architecture as a business organization, the
4377 licensee or applicant shall qualify the business organization
4378 upon approval of the department board.
4379 (3)
4380 (b) In the event a qualifying agent ceases employment with
4381 a qualified business organization, the department executive
4382 director or the chair of the board may authorize another
4383 registered architect employed by the business organization to
4384 temporarily serve as its qualifying agent for a period of no
4385 more than 60 days. The business organization may is not
4386 authorized to operate beyond such period under this chapter
4387 absent replacement of the qualifying agent who has ceased
4388 employment.
4389 (5) The department board shall allow a licensee or an
4390 applicant to qualify one or more business organizations to offer
4391 architectural services, or to use a fictitious name to offer
4392 such services, if one or more of the principal officers of the
4393 corporation or limited liability company, or one or more
4394 partners of the partnership, and all personnel of the
4395 corporation, limited liability company, or partnership who act
4396 in its behalf in this state as architects, are registered as
4397 provided by this part.
4398 Section 159. Subsections (1), (2), (6), (11), and (12) of
4399 section 481.221, Florida Statutes, are amended to read:
4400 481.221 Seals; display of certificate number.—
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4401 (1) The department board shall prescribe, by rule, one or
4402 more forms of seals to be used by registered architects holding
4403 valid certificates of registration.
4404 (2) Each registered architect shall obtain one seal in a
4405 form approved by rule of the department board and may, in
4406 addition, register her or his seal electronically in accordance
4407 with ss. 668.001-668.006. All final construction documents and
4408 instruments of service which include drawings, plans,
4409 specifications, or reports prepared or issued by the registered
4410 architect and being filed for public record shall bear the
4411 signature and seal of the registered architect who prepared or
4412 approved the document and the date on which they were sealed.
4413 The signature, date, and seal shall be evidence of the
4414 authenticity of that to which they are affixed. Final plans,
4415 specifications, or reports prepared or issued by a registered
4416 architect may be transmitted electronically and may be signed by
4417 the registered architect, dated, and sealed electronically with
4418 the seal in accordance with ss. 668.001-668.006.
4419 (6) A No registered architect may not shall affix her or
4420 his signature or seal to any final construction document or
4421 instrument of service which includes drawings, plans,
4422 specifications, or architectural documents which were not
4423 prepared by her or him or under her or his responsible
4424 supervising control or by another registered architect and
4425 reviewed, approved, or modified and adopted by her or him as her
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4426 or his own work according to rules adopted by the department
4427 board.
4428 (11) When the certificate of registration of a registered
4429 architect or interior designer has been revoked or suspended by
4430 the department board, the registered architect or interior
4431 designer shall surrender her or his seal to the secretary of the
4432 department board within a period of 30 days after the revocation
4433 or suspension has become effective. If the certificate of the
4434 registered architect or interior designer has been suspended for
4435 a period of time, her or his seal shall be returned to her or
4436 him upon expiration of the suspension period.
4437 (12) A person may not sign and seal by any means any final
4438 plan, specification, or report after her or his certificate of
4439 registration has expired or is suspended or revoked. A
4440 registered architect or interior designer whose certificate of
4441 registration is suspended or revoked shall, within 30 days after
4442 the effective date of the suspension or revocation, surrender
4443 her or his seal to the secretary of the department executive
4444 director of the board and confirm in writing to the secretary
4445 executive director the cancellation of the registered
4446 architect's or interior designer's electronic signature in
4447 accordance with ss. 668.001-668.006. When a registered
4448 architect's or interior designer's certificate of registration
4449 is suspended for a period of time, her or his seal shall be
4450 returned upon expiration of the period of suspension.
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4451 Section 160. Section 481.222, Florida Statutes, is amended
4452 to read:
4453 481.222 Architects performing building code inspection
4454 services.—Notwithstanding any other provision of law, a person
4455 who is currently licensed to practice as an architect under this
4456 part may provide building code inspection services described in
4457 s. 468.603(4) and (7) s. 468.603(5) and (8) to a local
4458 government or state agency upon its request, without being
4459 certified by the Florida Building Code Administrators and
4460 Inspectors licensing program Board under part XII of chapter
4461 468. With respect to the performance of such building code
4462 inspection services, the architect is subject to the
4463 disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
4464 Any complaint processing, investigation, and discipline that
4465 arise out of an architect's performance of building code
4466 inspection services shall be conducted by the department Board
4467 of Architecture and Interior Design rather than the Florida
4468 Building Code Administrators and Inspectors Board. An architect
4469 may not perform plans review as an employee of a local
4470 government upon any job that the architect or the architect's
4471 company designed.
4472 Section 161. Paragraphs (a) and (d) of subsection (1) of
4473 section 481.223, Florida Statutes, are amended to read:
4474 481.223 Prohibitions; penalties; injunctive relief.—
4475 (1) A person may not knowingly:
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4476 (a) Practice architecture unless the person is an
4477 architect or a registered architect; however, a licensed
4478 architect who has been licensed by the department board and who
4479 chooses to relinquish or not to renew his or her license may use
4480 the title "Architect, Retired" but may not otherwise render any
4481 architectural services.
4482 (d) Give false or forged evidence to the department board
4483 or a member thereof.
4484 Section 162. Paragraphs (a), (g), and (i) of subsection
4485 (1) and subsections (2), (3), and (4) of section 481.225,
4486 Florida Statutes, are amended to read:
4487 481.225 Disciplinary proceedings against registered
4488 architects.—
4489 (1) The following acts constitute grounds for which the
4490 disciplinary actions in subsection (3) may be taken:
4491 (a) Violating any provision of s. 455.227(1), s. 481.221,
4492 or s. 481.223, or any rule of the board or department lawfully
4493 adopted pursuant to this part or chapter 455.
4494 (g) Committing an act of fraud or deceit, or of
4495 negligence, incompetency, or misconduct, in the practice of
4496 architecture, including, but not limited to, allowing the
4497 preparation of any architectural studies, plans, or other
4498 instruments of service in an office that does not have a full-
4499 time Florida-registered architect assigned to such office or
4500 failing to ensure the responsible supervising control of
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4501 services or projects, as required by department board rule.
4502 (i) Aiding, assisting, procuring, or advising any
4503 unlicensed person to practice architecture contrary to this part
4504 or to a rule of the department or the board.
4505 (2) The department board shall specify, by rule, what acts
4506 or omissions constitute a violation of subsection (1).
4507 (3) When the department board finds any registered
4508 architect guilty of any of the grounds set forth in subsection
4509 (1), it may enter an order imposing one or more of the following
4510 penalties:
4511 (a) Denial of an application for licensure.
4512 (b) Revocation or suspension of a license.
4513 (c) Imposition of an administrative fine not to exceed
4514 $1,000 for each count or separate offense and a fine of up to
4515 $5,000 for matters pertaining to a material violation of the
4516 Florida Building Code as reported by a local jurisdiction.
4517 (d) Issuance of a reprimand.
4518 (e) Placement of the registered architect on probation for
4519 a period of time and subject to such conditions as the
4520 department board may specify, including requiring the registered
4521 architect to attend continuing education courses or to work
4522 under the supervision of another registered architect.
4523 (f) Restriction of the authorized scope of practice by the
4524 registered architect.
4525 (4) The department shall reissue the license of a
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4526 disciplined registered architect upon certification by the board
4527 that he or she has complied with all of the terms and conditions
4528 set forth in the final order.
4529 Section 163. Paragraph (a) of subsection (1) and
4530 subsection (2) of section 481.2251, Florida Statutes, are
4531 amended to read:
4532 481.2251 Disciplinary proceedings against registered
4533 interior designers.—
4534 (1) The following acts constitute grounds for which the
4535 disciplinary actions specified in subsection (2) may be taken:
4536 (a) Attempting to register or renewing registration by
4537 bribery, by fraudulent misrepresentation, or through an error of
4538 the department board;
4539 (2) When the department board finds any person guilty of
4540 any of the grounds set forth in subsection (1), it may enter an
4541 order taking the following action or imposing one or more of the
4542 following penalties:
4543 (a) Refusal to register the applicant;
4544 (b) Refusal to renew an existing registration;
4545 (c) Removal from the state registry; or
4546 (d) Imposition of an administrative fine not to exceed
4547 $500 for each violation or separate offense and a fine of up to
4548 $2,500 for matters pertaining to a material violation of the
4549 Florida Building Code as reported by a local jurisdiction.
4550 Section 164. Subsection (1) of section 481.303, Florida
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4551 Statutes, is amended to read:
4552 481.303 Definitions.—As used in this chapter, the term:
4553 (1) "Board" means the Board of Landscape Architecture.
4554 Section 165. Section 481.306, Florida Statutes, is amended
4555 to read:
4556 481.306 Authority to make rules.—The department may board
4557 has authority to adopt rules pursuant to ss. 120.536(1) and
4558 120.54 to implement the provisions of this chapter and chapter
4559 455 conferring duties upon it.
4560 Section 166. Section 481.307, Florida Statutes, is amended
4561 to read:
4562 481.307 Fees.—The department board, by rule, may establish
4563 fees to be paid for applications, examination, reexamination,
4564 licensing and renewal, delinquency, reinstatement, and
4565 recordmaking and recordkeeping. The examination fee shall be in
4566 an amount that covers the costs of obtaining and administering
4567 the examination and shall be refunded if the applicant is found
4568 ineligible to sit for the examination. The application fee is
4569 nonrefundable. The combined fees for initial application and
4570 examination may not exceed $800 plus the actual per applicant
4571 cost to the department for purchase of portions of the
4572 examination from the Council of Landscape Architectural
4573 Registration Boards or a similar national organization. The
4574 biennial renewal fee may not exceed $600. The delinquency fee
4575 may not exceed the biennial renewal fee established by the
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4576 department board for an active license. The department board
4577 shall establish fees that are adequate to ensure the continued
4578 operation of the department board and to fund the proportionate
4579 expenses incurred by the department which are allocated to the
4580 regulation of landscape architects. Fees shall be based on
4581 department estimates of the revenue required to implement this
4582 part and the provisions of law with respect to the regulation of
4583 landscape architects.
4584 Section 167. Subsection (1) of section 481.309, Florida
4585 Statutes, is amended to read:
4586 481.309 Examinations.—
4587 (1) A person desiring to be licensed as a registered
4588 landscape architect shall apply to the department to take the
4589 licensure examination. The department shall examine each
4590 applicant who the department board certifies:
4591 (a) Has completed the application form and remitted a
4592 nonrefundable application fee and an examination fee which is
4593 refundable if the applicant is found to be ineligible to take
4594 the examination; and
4595 (b)1. Has completed a professional degree program in
4596 landscape architecture as approved by the department Landscape
4597 Architectural Accreditation Board; or
4598 2. Presents evidence of not less than 6 years of actual
4599 practical experience in landscape architectural work of a grade
4600 and character satisfactory to the department board. Each year of
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4601 education completed in a recognized school shall be considered
4602 to be equivalent to 1 year of experience, with a maximum credit
4603 of 4 years.
4604 Section 168. Section 481.310, Florida Statutes, is amended
4605 to read:
4606 481.310 Practical experience requirement.—Beginning
4607 October 1, 1990, every applicant for licensure as a registered
4608 landscape architect shall demonstrate, before prior to
4609 licensure, 1 year of practical experience in landscape
4610 architectural work. An applicant who holds a master of landscape
4611 architecture degree and a bachelor's degree in a related field
4612 is not required to demonstrate 1 year of practical experience in
4613 landscape architectural work to obtain licensure. The department
4614 board shall adopt rules providing standards for the required
4615 experience. An applicant who qualifies for examination pursuant
4616 to s. 481.309(1)(b)1. may obtain the practical experience after
4617 completing the required professional degree. Experience used to
4618 qualify for examination pursuant to s. 481.309(1)(b)2. may not
4619 be used to satisfy the practical experience requirement under
4620 this section.
4621 Section 169. Section 481.311, Florida Statutes, is amended
4622 to read:
4623 481.311 Licensure.—
4624 (1) The department shall license any applicant who the
4625 department board certifies is qualified to practice landscape
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4626 architecture and who has paid the initial licensure fee.
4627 (2) The department board shall certify for licensure any
4628 applicant who:
4629 (a) Passes the examination required by s. 481.309; and
4630 (b) Satisfies the experience requirement of s. 481.310.
4631 (3) The department board shall certify as qualified for a
4632 license by endorsement an applicant who:
4633 (a) Qualifies to take the examination as set forth in s.
4634 481.309; and has passed a national, regional, state, or
4635 territorial licensing examination which is substantially
4636 equivalent to the examination required by s. 481.309;
4637 (b) Holds a valid license to practice landscape
4638 architecture issued by another state or territory of the United
4639 States, if the criteria for issuance of such license were
4640 substantially identical to the licensure criteria which existed
4641 in this state at the time the license was issued; or
4642 (c) Has held a valid license to practice landscape
4643 architecture in another state or territory of the United States
4644 for at least 10 years before the date of application and has
4645 successfully completed a state, regional, national, or other
4646 examination that is equivalent to or more stringent than the
4647 examination required by the department board, subject to
4648 subsection (5). An applicant who has met the requirements to be
4649 qualified for a license by endorsement, except for successful
4650 completion of an examination that is equivalent to or more
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4651 stringent than the examination required by the department board,
4652 may take the examination required by the department board
4653 without completing additional education requirements. Such
4654 application must be submitted to the department board while the
4655 applicant holds a valid license in another state or territory or
4656 within 2 years after the expiration of such license.
4657 (4) The department board may refuse to certify any
4658 applicant who is under investigation in any jurisdiction for any
4659 act which would constitute a violation of this act or of chapter
4660 455, until the investigation is complete and disciplinary
4661 proceedings have been terminated.
4662 (5) The department board may refuse to certify any
4663 applicant who has violated any of the provisions of s. 481.325.
4664 Section 170. Subsections (2) through (5) of section
4665 481.313, Florida Statutes, are amended to read:
4666 481.313 Renewal of license.—
4667 (2) The department shall adopt rules establishing a
4668 procedure for the biennial renewal of licenses every 4 years.
4669 (3) No license renewal shall be issued to a landscape
4670 architect by the department until the licensee submits proof,
4671 satisfactory to the department, that during the 2-year period
4672 prior to application for renewal, the licensee participated in
4673 such continuing education courses required by the board. The
4674 board shall approve only continuing education courses that
4675 relate to and increase the basic knowledge of landscape
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4676 architecture. The board may make an exception from the
4677 requirements of continuing education in emergency or hardship
4678 cases.
4679 (4) The board, by rule adopted pursuant to ss. 120.536(1)
4680 and 120.54, shall establish criteria for the approval of
4681 continuing education courses and providers, and shall by rule
4682 establish criteria for accepting alternative nonclassroom
4683 continuing education on an hour-for-hour basis. A landscape
4684 architect shall receive hour-for-hour credit for attending
4685 continuing education courses approved by the Landscape
4686 Architecture Continuing Education System or another nationally
4687 recognized clearinghouse for continuing education that relate to
4688 and increase his or her basic knowledge of landscape
4689 architecture, as determined by the board, if the landscape
4690 architect submits proof satisfactory to the board that such
4691 course was approved by the Landscape Architecture Continuing
4692 Education System or another nationally recognized clearinghouse
4693 for continuing education, along with the syllabus or outline for
4694 such course and proof of course attendance.
4695 (5) The board shall require, by rule adopted pursuant to
4696 ss. 120.536(1) and 120.54, a specified number of hours in
4697 specialized or advanced courses, approved by the Florida
4698 Building Commission, on any portion of the Florida Building
4699 Code, adopted pursuant to part IV of chapter 553, relating to
4700 the licensee's respective area of practice.
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4701 Section 171. Section 481.315, Florida Statutes, is amended
4702 to read:
4703 481.315 Inactive status.—
4704 (1) A license that has become inactive or delinquent may
4705 be reactivated under this section upon application to the
4706 department and payment of any applicable biennial renewal or
4707 delinquency fee, or both, and a reactivation fee. The board may
4708 not require a licensee to complete more than one renewal cycle
4709 of continuing education requirements.
4710 (2) The department board shall adopt rules relating to
4711 application procedures for inactive status and for the
4712 reactivation of inactive licenses.
4713 Section 172. Subsection (1) of section 481.317, Florida
4714 Statutes, is amended to read:
4715 481.317 Temporary certificates.—
4716 (1) Upon the approval by the department board and payment
4717 of the fee set in s. 481.307, the department shall grant a
4718 temporary certificate of registration for work on a specified
4719 project in this state for a period not to exceed 1 year to an
4720 applicant who is licensed in another state or territory to
4721 practice landscape architecture.
4722 Section 173. Paragraph (d) of subsection (1) of section
4723 481.323, Florida Statutes, is amended to read:
4724 481.323 Prohibitions; penalties.—
4725 (1) A person may not knowingly:
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4726 (d) Give false or forged evidence to the department board
4727 or a member thereof;
4728 Section 174. Subsections (2), (3), and (4) of section
4729 481.325, Florida Statutes, are amended to read:
4730 481.325 Disciplinary proceedings.—
4731 (2) The department board shall specify, by rule, what acts
4732 or omissions constitute a violation of subsection (1).
4733 (3) When the department board finds any registered
4734 landscape architect guilty of any of the grounds set forth in
4735 subsection (1), it may enter an order imposing one or more of
4736 the following penalties:
4737 (a) Denial of an application for licensure.
4738 (b) Revocation or suspension of a license.
4739 (c) Imposition of an administrative fine not to exceed
4740 $1,000 for each count or separate offense and a fine of up to
4741 $5,000 for matters pertaining to a material violation of the
4742 Florida Building Code as reported by a local jurisdiction.
4743 (d) Issuance of a reprimand.
4744 (e) Placement of the registered landscape architect on
4745 probation for a period of time and subject to such conditions as
4746 the department board may specify, including requiring the
4747 registered landscape architect to attend continuing education
4748 courses or to work under the supervision of another registered
4749 landscape architect.
4750 (f) Restriction of the authorized scope of practice by the
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4751 registered landscape architect.
4752 (4) The department shall reissue the license of a
4753 disciplined registered landscape architect upon certification by
4754 the board that she or he has complied with all of the terms and
4755 conditions set forth in the final order.
4756 Section 175. Paragraph (c) of subsection (7) of section
4757 489.103, Florida Statutes, is amended to read:
4758 489.103 Exemptions.—This part does not apply to:
4759 (7)
4760 (c) To qualify for exemption under this subsection, an
4761 owner must personally appear and sign the building permit
4762 application and must satisfy local permitting agency
4763 requirements, if any, proving that the owner has a complete
4764 understanding of the owner's obligations under the law as
4765 specified in the disclosure statement in this section. However,
4766 for purposes of implementing a "United States Department of
4767 Energy SunShot Initiative: Rooftop Solar Challenge" grant and
4768 the participation of county and municipal governments, including
4769 local permitting agencies under the jurisdiction of such county
4770 and municipal governments, an owner's notarized signature or
4771 personal appearance to sign the permit application is not
4772 required for a solar project, as described in subparagraph
4773 (a)3., if the building permit application is submitted
4774 electronically to the permitting agency and the owner certifies
4775 the application and disclosure statement using the permitting
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4776 agency's electronic confirmation system. If any person violates
4777 the requirements of this subsection, the local permitting agency
4778 shall withhold final approval, revoke the permit, or pursue any
4779 action or remedy for unlicensed activity against the owner and
4780 any person performing work that requires licensure under the
4781 permit issued. The local permitting agency shall provide the
4782 person with a disclosure statement in substantially the
4783 following form:
4784 DISCLOSURE STATEMENT
4785 1. I understand that state law requires construction to be done
4786 by a licensed contractor and have applied for an owner-builder
4787 permit under an exemption from the law. The exemption specifies
4788 that I, as the owner of the property listed, may act as my own
4789 contractor with certain restrictions even though I do not have a
4790 license.
4791 2. I understand that building permits are not required to be
4792 signed by a property owner unless he or she is responsible for
4793 the construction and is not hiring a licensed contractor to
4794 assume responsibility.
4795 3. I understand that, as an owner-builder, I am the responsible
4796 party of record on a permit. I understand that I may protect
4797 myself from potential financial risk by hiring a licensed
4798 contractor and having the permit filed in his or her name
4799 instead of my own name. I also understand that a contractor is
4800 required by law to be licensed in Florida and to list his or her
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4801 license numbers on permits and contracts.
4802 4. I understand that I may build or improve a one-family or
4803 two-family residence or a farm outbuilding. I may also build or
4804 improve a commercial building if the costs do not exceed
4805 $75,000. The building or residence must be for my own use or
4806 occupancy. It may not be built or substantially improved for
4807 sale or lease, unless I am completing the requirements of a
4808 building permit where the contractor listed on the permit
4809 substantially completed the project. If a building or residence
4810 that I have built or substantially improved myself is sold or
4811 leased within 1 year after the construction is complete, the law
4812 will presume that I built or substantially improved it for sale
4813 or lease, which violates the exemption.
4814 5. I understand that, as the owner-builder, I must provide
4815 direct, onsite supervision of the construction.
4816 6. I understand that I may not hire an unlicensed person to act
4817 as my contractor or to supervise persons working on my building
4818 or residence. It is my responsibility to ensure that the persons
4819 whom I employ have the licenses required by law and by county or
4820 municipal ordinance.
4821 7. I understand that it is a frequent practice of unlicensed
4822 persons to have the property owner obtain an owner-builder
4823 permit that erroneously implies that the property owner is
4824 providing his or her own labor and materials. I, as an owner-
4825 builder, may be held liable and subjected to serious financial
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4826 risk for any injuries sustained by an unlicensed person or his
4827 or her employees while working on my property. My homeowner's
4828 insurance may not provide coverage for those injuries. I am
4829 willfully acting as an owner-builder and am aware of the limits
4830 of my insurance coverage for injuries to workers on my property.
4831 8. I understand that I may not delegate the responsibility for
4832 supervising work to a licensed contractor who is not licensed to
4833 perform the work being done. Any person working on my building
4834 who is not licensed must work under my direct supervision and
4835 must be employed by me, which means that I must comply with laws
4836 requiring the withholding of federal income tax and social
4837 security contributions under the Federal Insurance Contributions
4838 Act (FICA) and must provide workers' compensation for the
4839 employee. I understand that my failure to follow these laws may
4840 subject me to serious financial risk.
4841 9. I agree that, as the party legally and financially
4842 responsible for this proposed construction activity, I will
4843 abide by all applicable laws and requirements that govern owner-
4844 builders as well as employers. I also understand that the
4845 construction must comply with all applicable laws, ordinances,
4846 building codes, and zoning regulations.
4847 10. I understand that I may obtain more information regarding
4848 my obligations as an employer from the Internal Revenue Service,
4849 the United States Small Business Administration, the Florida
4850 Department of Financial Services, and the Florida Department of
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4851 Revenue. I also understand that I may contact the Florida
4852 Department of Business and Professional Regulation Construction
4853 Industry Licensing Board at ...(telephone number)... or
4854 ...(Internet website address)... for more information about
4855 licensed contractors.
4856 11. I am aware of, and consent to, an owner-builder building
4857 permit applied for in my name and understand that I am the party
4858 legally and financially responsible for the proposed
4859 construction activity at the following address: ...(address of
4860 property)....
4861 12. I agree to notify ...(issuer of disclosure statements)...
4862 immediately of any additions, deletions, or changes to any of
4863 the information that I have provided on this disclosure.
4864 Licensed contractors are regulated by laws designed to protect
4865 the public. If you contract with a person who does not have a
4866 license, the Construction Industry Licensing Board and
4867 Department of Business and Professional Regulation may be unable
4868 to assist you with any financial loss that you sustain as a
4869 result of a complaint. Your only remedy against an unlicensed
4870 contractor may be in civil court. It is also important for you
4871 to understand that, if an unlicensed contractor or employee of
4872 an individual or firm is injured while working on your property,
4873 you may be held liable for damages. If you obtain an owner-
4874 builder permit and wish to hire a licensed contractor, you will
4875 be responsible for verifying whether the contractor is properly
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4876 licensed and the status of the contractor's workers'
4877 compensation coverage.
4878 Before a building permit can be issued, this disclosure
4879 statement must be completed and signed by the property owner and
4880 returned to the local permitting agency responsible for issuing
4881 the permit. A copy of the property owner's driver license, the
4882 notarized signature of the property owner, or other type of
4883 verification acceptable to the local permitting agency is
4884 required when the permit is issued.
4885 Signature: ...(signature of property owner)....
4886 Date: ...(date)....
4887 Section 176. Subsections (2) through (19) of section
4888 489.105, Florida Statutes, are renumbered as subsections (1)
4889 through (18), respectively, and subsection (1) and present
4890 subsection (6) of that section are amended to read:
4891 489.105 Definitions.—As used in this part:
4892 (1) "Board" means the Construction Industry Licensing
4893 Board.
4894 (5)(6) "Contracting" means, except as exempted in this
4895 part, engaging in business as a contractor and includes, but is
4896 not limited to, performance of any of the acts as set forth in
4897 subsection (2) (3) which define types of contractors. The
4898 attempted sale of contracting services and the negotiation or
4899 bid for a contract on these services also constitutes
4900 contracting. If the services offered require licensure or agent
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4901 qualification, the offering, negotiation for a bid, or attempted
4902 sale of these services requires the corresponding licensure.
4903 However, the term "contracting" does shall not extend to an
4904 individual, partnership, corporation, trust, or other legal
4905 entity that offers to sell or sells completed residences on
4906 property on which the individual or business entity has any
4907 legal or equitable interest, or to the individual or business
4908 entity that offers to sell or sells manufactured or factory-
4909 built buildings that will be completed on site on property on
4910 which either party to a contract has any legal or equitable
4911 interest, if the services of a qualified contractor certified or
4912 registered pursuant to the requirements of this chapter have
4913 been or will be retained for the purpose of constructing or
4914 completing such residences.
4915 Section 177. Section 489.108, Florida Statutes, is amended
4916 to read:
4917 489.108 Rulemaking authority.—The department may board has
4918 authority to adopt rules pursuant to ss. 120.536(1) and 120.54
4919 to implement the provisions of this chapter conferring duties
4920 upon it.
4921 Section 178. Subsections (1) and (2) of section 489.109,
4922 Florida Statutes, are amended to read:
4923 489.109 Fees.—
4924 (1) The department board, by rule, shall establish
4925 reasonable fees to be paid for applications, certification and
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4926 renewal, registration and renewal, and recordmaking and
4927 recordkeeping. The fees shall be established as follows:
4928 (a) With respect to an applicant for a certificate, the
4929 initial application fee may not exceed $150, and, if an
4930 examination cost is included in the application fee, the
4931 combined amount may not exceed $350. The initial certification
4932 fee and the renewal fee may not exceed $250. However, any
4933 applicant who seeks certification under this part by taking a
4934 practical examination must pay as an examination fee the actual
4935 cost incurred by the department in developing, preparing,
4936 administering, scoring, score reporting, and evaluating the
4937 examination, if the examination is conducted by the department.
4938 (b) With respect to an applicant for registration, the
4939 initial application fee may not exceed $100, and the initial
4940 registration fee and the renewal fee may not exceed $200.
4941 (c) The department board, by rule, may establish
4942 delinquency fees, not to exceed the applicable renewal fee for
4943 renewal applications made after the expiration date of the
4944 certificate or registration.
4945 (d) With respect to an application for registration or
4946 certification to qualify a business organization, the initial
4947 application fee and the renewal fee shall be $50.
4948 (e) The department board, by rule, shall impose a renewal
4949 fee for an inactive status certificate or registration, not to
4950 exceed the renewal fee for an active status certificate or
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4951 registration. Neither the inactive certification fee nor the
4952 inactive registration fee may exceed $50. The department board,
4953 by rule, may provide for a different fee for inactive status
4954 where such status is sought by a building code administrator,
4955 plans examiner, or inspector certified pursuant to part XII of
4956 chapter 468 who is employed by a local government and is not
4957 allowed by the terms of such employment to maintain a
4958 certificate on active status issued pursuant to this part.
4959 (f) The department board, by rule, shall impose an
4960 additional late fee on a delinquent status certificateholder or
4961 registrant when such certificateholder or registrant applies for
4962 active or inactive status.
4963 (g) The department board, by rule, shall impose an
4964 additional fee, not to exceed the applicable renewal fee, which
4965 reasonably reflects the costs of processing a
4966 certificateholder's or registrant's request to change licensure
4967 status at any time other than at the beginning of a licensure
4968 cycle.
4969 (2) The board shall establish fees that are adequate to
4970 ensure the continued operation of the board. Fees shall be based
4971 on department estimates of the revenue required to implement
4972 this part and the provisions of law with respect to the
4973 regulation of the construction industry.
4974 Section 179. Paragraph (c) of subsection (2) and
4975 subsection (3) of section 489.111, Florida Statutes, are amended
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4976 to read:
4977 489.111 Licensure by examination.—
4978 (2) A person shall be eligible for licensure by
4979 examination if the person:
4980 (c) Meets eligibility requirements according to one of the
4981 following criteria:
4982 1. Has received a baccalaureate degree from an accredited
4983 4-year college in the appropriate field of engineering,
4984 architecture, or building construction and has 1 year of proven
4985 experience in the category in which the person seeks to qualify.
4986 For the purpose of this part, a minimum of 2,000 person-hours
4987 shall be used in determining full-time equivalency. An applicant
4988 who is exempt from passing an examination under s. 489.113(1) is
4989 eligible for a license under this section.
4990 2. Has a total of at least 4 years of active experience as
4991 a worker who has learned the trade by serving an apprenticeship
4992 as a skilled worker who is able to command the rate of a
4993 mechanic in the particular trade or as a foreman who is in
4994 charge of a group of workers and usually is responsible to a
4995 superintendent or a contractor or his or her equivalent;
4996 provided, however, that at least 1 year of active experience
4997 shall be as a foreman.
4998 3. Has a combination of not less than 1 year of experience
4999 as a foreman and not less than 3 years of credits for any
5000 accredited college-level courses; has a combination of not less
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5001 than 1 year of experience as a skilled worker, 1 year of
5002 experience as a foreman, and not less than 2 years of credits
5003 for any accredited college-level courses; or has a combination
5004 of not less than 2 years of experience as a skilled worker, 1
5005 year of experience as a foreman, and not less than 1 year of
5006 credits for any accredited college-level courses. All junior
5007 college or community college-level courses shall be considered
5008 accredited college-level courses.
5009 4.a. An active certified residential contractor is
5010 eligible to receive a certified building contractor license
5011 after passing or having previously passed the building
5012 contractors' examination if he or she possesses a minimum of 3
5013 years of proven experience in the classification in which he or
5014 she is certified.
5015 b. An active certified residential contractor is eligible
5016 to receive a certified general contractor license after passing
5017 or having previously passed the general contractors' examination
5018 if he or she possesses a minimum of 4 years of proven experience
5019 in the classification in which he or she is certified.
5020 c. An active certified building contractor is eligible to
5021 receive a certified general contractor license after passing or
5022 having previously passed the general contractors' examination if
5023 he or she possesses a minimum of 4 years of proven experience in
5024 the classification in which he or she is certified.
5025 5.a. An active certified air-conditioning Class C
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5026 contractor is eligible to receive a certified air-conditioning
5027 Class B contractor license after passing or having previously
5028 passed the air-conditioning Class B contractors' examination if
5029 he or she possesses a minimum of 3 years of proven experience in
5030 the classification in which he or she is certified.
5031 b. An active certified air-conditioning Class C contractor
5032 is eligible to receive a certified air-conditioning Class A
5033 contractor license after passing or having previously passed the
5034 air-conditioning Class A contractors' examination if he or she
5035 possesses a minimum of 4 years of proven experience in the
5036 classification in which he or she is certified.
5037 c. An active certified air-conditioning Class B contractor
5038 is eligible to receive a certified air-conditioning Class A
5039 contractor license after passing or having previously passed the
5040 air-conditioning Class A contractors' examination if he or she
5041 possesses a minimum of 1 year of proven experience in the
5042 classification in which he or she is certified.
5043 6.a. An active certified swimming pool servicing
5044 contractor is eligible to receive a certified residential
5045 swimming pool contractor license after passing or having
5046 previously passed the residential swimming pool contractors'
5047 examination if he or she possesses a minimum of 3 years of
5048 proven experience in the classification in which he or she is
5049 certified.
5050 b. An active certified swimming pool servicing contractor
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5051 is eligible to receive a certified commercial swimming pool
5052 contractor license after passing or having previously passed the
5053 swimming pool commercial contractors' examination if he or she
5054 possesses a minimum of 4 years of proven experience in the
5055 classification in which he or she is certified.
5056 c. An active certified residential swimming pool
5057 contractor is eligible to receive a certified commercial
5058 swimming pool contractor license after passing or having
5059 previously passed the commercial swimming pool contractors'
5060 examination if he or she possesses a minimum of 1 year of proven
5061 experience in the classification in which he or she is
5062 certified.
5063 d. An applicant is eligible to receive a certified
5064 swimming pool/spa servicing contractor license after passing or
5065 having previously passed the swimming pool/spa servicing
5066 contractors' examination if he or she has satisfactorily
5067 completed 60 hours of instruction in courses related to the
5068 scope of work covered by that license and approved by the
5069 department Construction Industry Licensing Board by rule and has
5070 at least 1 year of proven experience related to the scope of
5071 work of such a contractor.
5072 (3)(a) The department board may refuse to certify an
5073 applicant for failure to satisfy the requirement of good moral
5074 character only if:
5075 1. There is a substantial connection between the lack of
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5076 good moral character of the applicant and the professional
5077 responsibilities of a certified contractor; and
5078 2. The finding by the department board of lack of good
5079 moral character is supported by clear and convincing evidence.
5080 (b) When an applicant is found to be unqualified for a
5081 certificate because of a lack of good moral character, the
5082 department board shall furnish the applicant a statement
5083 containing the findings of the department board, a complete
5084 record of the evidence upon which the determination was based,
5085 and a notice of the rights of the applicant to a rehearing and
5086 appeal.
5087 Section 180. Subsections (1) and (2), paragraph (f) of
5088 subsection (3), and subsections (6), (7), and (8) of section
5089 489.113, Florida Statutes, are amended to read:
5090 489.113 Qualifications for practice; restrictions.—
5091 (1) Any person who desires to engage in contracting on a
5092 statewide basis shall, as a prerequisite thereto, establish his
5093 or her competency and qualifications to be certified pursuant to
5094 this part. To establish competency, a person shall pass the
5095 appropriate examination approved by the board and certified by
5096 the department. If an applicant has received a baccalaureate
5097 degree in building construction from an accredited 4-year
5098 college, or a related degree as approved by the department board
5099 by rule, and has a grade point average of 3.0 or higher, such
5100 applicant is only required to take and pass the business and
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5101 finance portion of the examination. Any person who desires to
5102 engage in contracting on other than a statewide basis shall, as
5103 a prerequisite thereto, be registered pursuant to this part,
5104 unless exempted by this part.
5105 (2) A person must be certified or registered in order to
5106 engage in the business of contracting in this state. However,
5107 for purposes of complying with the provisions of this chapter, a
5108 subcontractor who is not certified or registered may perform
5109 construction work under the supervision of a person who is
5110 certified or registered, provided that the work is within the
5111 scope of the supervising contractor's license, the supervising
5112 contractor is responsible for the work, and the subcontractor
5113 being supervised is not engaged in construction work that would
5114 require a license as a contractor under any of the categories
5115 listed in s. 489.105(2)(d)-(o) s. 489.105(3)(d)-(o). This
5116 subsection does not affect the application of any local
5117 construction licensing ordinances. To enforce this subsection:
5118 (a) The department shall issue a cease and desist order to
5119 prohibit any person from engaging in the business of contracting
5120 who does not hold the required certification or registration for
5121 the work being performed under this part. For the purpose of
5122 enforcing a cease and desist order, the department may file a
5123 proceeding in the name of the state seeking issuance of an
5124 injunction or a writ of mandamus against any person who violates
5125 any provision of such order.
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5126 (b) A county, municipality, or local licensing board
5127 created by special act may issue a cease and desist order to
5128 prohibit any person from engaging in the business of contracting
5129 who does not hold the required certification or registration for
5130 the work being performed under this part.
5131 (3) A contractor shall subcontract all electrical,
5132 mechanical, plumbing, roofing, sheet metal, swimming pool, and
5133 air-conditioning work, unless such contractor holds a state
5134 certificate or registration in the respective trade category,
5135 however:
5136 (f) A solar contractor may shall not be required to
5137 subcontract minor, as defined by department board rule,
5138 electrical, mechanical, plumbing, or roofing work so long as
5139 that work is within the scope of the license held by the solar
5140 contractor and where such work exclusively pertains to the
5141 installation of residential solar energy equipment as defined by
5142 rules of the department board adopted in conjunction with the
5143 Electrical Contracting Licensing Board.
5144 (6)(a) The department board shall, by rule, designate
5145 those types of specialty contractors which may be certified
5146 under this part. The limit of the scope of work and
5147 responsibility of a specialty contractor shall be established by
5148 the department board by rule. However, a certified specialty
5149 contractor category established by department board rule exists
5150 as a voluntary statewide licensing category and does not create
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5151 a mandatory licensing requirement. Any mandatory statewide
5152 construction contracting licensure requirement may only be
5153 established through specific statutory provision.
5154 (b) By July 1, 2025, the department board shall, by rule,
5155 establish certified specialty contractor categories for
5156 voluntary licensure for all of the following:
5157 1. Structural aluminum or screen enclosures.
5158 2. Marine seawall work.
5159 3. Marine bulkhead work.
5160 4. Marine dock work.
5161 5. Marine pile driving.
5162 6. Structural masonry.
5163 7. Structural prestressed, precast concrete work.
5164 8. Rooftop solar heating installation.
5165 9. Structural steel.
5166 10. Window and door installation, including garage door
5167 installation and hurricane or windstorm protection.
5168 11. Plaster and lath.
5169 12. Structural carpentry.
5170 (7) If an eligible applicant fails any contractor's
5171 written examination, except the general and building
5172 contractors' examination, and provides the department board with
5173 acceptable proof of lack of comprehension of written
5174 examinations, the applicant may petition the department board to
5175 be administered a uniform oral examination, subject to the
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5176 following conditions:
5177 (a) The applicant documents 10 years of experience in the
5178 appropriate construction craft.
5179 (b) The applicant files written recommendations concerning
5180 his or her competency in the appropriate construction craft.
5181 (c) The applicant is administered only one oral
5182 examination within a period of 1 year.
5183 (8) Any public record of the department board, when
5184 certified by the department executive director of the board or
5185 the executive director's representative, may be received as
5186 prima facie evidence in any administrative or judicial
5187 proceeding.
5188 Section 181. Subsection (1) of section 489.1131, Florida
5189 Statutes, is amended to read:
5190 489.1131 Credit for relevant military training and
5191 education.—
5192 (1) The department shall provide a method by which
5193 honorably discharged veterans may apply for licensure. The
5194 method must include a veteran-specific application and provide:
5195 (a) To the fullest extent possible, credit toward the
5196 requirements for licensure for military experience, training,
5197 and education received and completed during service in the
5198 United States Armed Forces if the military experience, training,
5199 or education is substantially similar to the experience,
5200 training, or education required for licensure.
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5201 (b) Acceptance of up to 3 years of active duty service in
5202 the United States Armed Forces, regardless of duty or training,
5203 to meet the experience requirements of s. 489.111(2)(c). At
5204 least 1 additional year of active experience as a foreman in the
5205 trade, either civilian or military, is required to fulfill the
5206 experience requirement of s. 489.111(2)(c).
5207
5208 The department board may adopt rules pursuant to ss. 120.536(1)
5209 and 120.54 to implement this subsection.
5210 Section 182. Subsection (1) of section 489.1136, Florida
5211 Statutes, is amended to read:
5212 489.1136 Medical gas certification.—
5213 (1)(a) In addition to the certification or registration
5214 required to engage in business as a plumbing contractor, any
5215 plumbing contractor who wishes to engage in the business of
5216 installation, improvement, repair, or maintenance of any tubing,
5217 pipe, or similar conduit used to transport gaseous or partly
5218 gaseous substances for medical purposes shall take, as part of
5219 the contractor's continuing education requirement, at least once
5220 during the holding of such license, a course of at least 6 hours
5221 before the licensee's initial installation, improvement, repair,
5222 or maintenance of any tubing, pipe, or similar conduit used to
5223 transport gaseous or partly gaseous substances for medical
5224 purposes. Such course shall be given by an instructional
5225 facility or teaching entity that has been approved by the
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5226 department board. In order for a course to be approved, the
5227 department board must find that the course is designed to teach
5228 familiarity with the National Fire Prevention Association
5229 Standard 99C (Standard on Gas and Vacuum Systems, latest
5230 edition) and also designed to teach familiarity and practical
5231 ability in performing and inspecting brazing duties required of
5232 medical gas installation, improvement, repair, or maintenance
5233 work. Such course shall issue a certificate of completion to the
5234 taker of the course, which certificate shall be available for
5235 inspection by any entity or person seeking to have such
5236 contractor engage in the business of installation, improvement,
5237 repair, or maintenance of a medical gas system.
5238 (b) Any other natural person who is employed by a licensed
5239 plumbing contractor to provide work on the installation,
5240 improvement, repair, or maintenance of a medical gas system,
5241 except as noted in paragraph (c), shall, as a prerequisite to
5242 his or her ability to provide such service, take a course
5243 approved by the department board. Such course shall be at least
5244 8 hours and consist of both classroom and practical work
5245 designed to teach familiarity with the National Fire Prevention
5246 Association Standard 99C (Standard on Gas and Vacuum Systems,
5247 latest edition) and also designed to teach familiarity and
5248 practical ability in performing and inspecting brazing duties
5249 required of medical gas installation, improvement, repair, or
5250 maintenance work. Such course shall also include the
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5251 administration of a practical examination in the skills required
5252 to perform work as outlined above, including brazing, and each
5253 examination shall be reasonably constructed to test for
5254 knowledge of the subject matter. The person taking such course
5255 and examination must, upon successful completion of both, be
5256 issued a certificate of completion by the giver of such course,
5257 which certificate shall be made available by the holder for
5258 inspection by any person or entity seeking to have such person
5259 perform work on the installation, improvement, repair, or
5260 maintenance of a medical gas system.
5261 (c) Any other natural person who wishes to perform only
5262 brazing duties incidental to the installation, improvement,
5263 repair, or maintenance of a medical gas system shall pass an
5264 examination designed to show that person's familiarity with and
5265 practical ability in performing brazing duties required of
5266 medical gas installation, improvement, repair, or maintenance.
5267 Such examination shall be from a test approved by the department
5268 board. Such examination must test for knowledge of National Fire
5269 Prevention Association Standard 99C (Standard on Gas and Vacuum
5270 Systems, latest edition). The person taking such examination
5271 must, upon passing such examination, be issued a certificate of
5272 completion by the giver of such examination, and such
5273 certificate shall be made available by the holder for inspection
5274 by any person or entity seeking to have or employ such person to
5275 perform brazing duties on a medical gas system.
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5276 (d) It is the responsibility of the licensed plumbing
5277 contractor to ascertain whether members of his or her workforce
5278 are in compliance with this subsection, and such contractor is
5279 subject to discipline under s. 489.129 for violation of this
5280 subsection.
5281 (e) Training programs in medical gas piping installation,
5282 improvement, repair, or maintenance shall be reviewed annually
5283 by the department board to ensure that programs have been
5284 provided equitably across the state.
5285 (f) Periodically, the department board shall review
5286 training programs in medical gas piping installation for quality
5287 in content and instruction in accordance with the National Fire
5288 Prevention Association Standard 99C (Standard on Gas and Vacuum
5289 Systems, latest edition). The department board shall also
5290 respond to complaints regarding approved programs.
5291 Section 183. Section 489.114, Florida Statutes, is amended
5292 to read:
5293 489.114 Evidence of workers' compensation coverage.—Except
5294 as provided in s. 489.115(5)(d), any person, business
5295 organization, or qualifying agent engaged in the business of
5296 contracting in this state and certified or registered under this
5297 part shall, as a condition precedent to the issuance or renewal
5298 of a certificate or registration of the contractor, provide to
5299 the department Construction Industry Licensing Board, as
5300 provided by department board rule, evidence of workers'
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5301 compensation coverage pursuant to chapter 440. In the event that
5302 the Division of Workers' Compensation of the Department of
5303 Financial Services receives notice of the cancellation of a
5304 policy of workers' compensation insurance insuring a person or
5305 entity governed by this section, the Division of Workers'
5306 Compensation shall certify and identify all persons or entities
5307 by certification or registration license number to the
5308 department after verification is made by the Division of
5309 Workers' Compensation that persons or entities governed by this
5310 section are no longer covered by workers' compensation
5311 insurance. Such certification and verification by the Division
5312 of Workers' Compensation may result from records furnished to
5313 the Division of Workers' Compensation by the persons or entities
5314 governed by this section or an investigation completed by the
5315 Division of Workers' Compensation. The department shall notify
5316 the persons or entities governed by this section who have been
5317 determined to be in noncompliance with chapter 440, and the
5318 persons or entities notified shall provide certification of
5319 compliance with chapter 440 to the department and pay an
5320 administrative fine in the amount of $500. The failure to
5321 maintain workers' compensation coverage as required by law shall
5322 be grounds for the department board to revoke, suspend, or deny
5323 the issuance or renewal of a certificate or registration of the
5324 contractor under the provisions of s. 489.129.
5325 Section 184. Paragraph (c) of subsection (4) of section
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5326 489.115, Florida Statutes, is redesignated as paragraph (b), and
5327 paragraph (a) of subsection (2), subsection (3), present
5328 paragraph (b) of subsection (4), and subsections (5) through (9)
5329 of that section are amended to read:
5330 489.115 Certification and registration; endorsement;
5331 reciprocity; renewals; continuing education.—
5332 (2)(a) The department shall issue a certificate or
5333 registration to each person qualified by the department board
5334 and upon receipt of the original license fee.
5335 (3) The department board shall certify as qualified for
5336 certification by endorsement any applicant who:
5337 (a) Meets the requirements for certification as set forth
5338 in this section; has passed a national, regional, state, or
5339 United States territorial licensing examination that is
5340 substantially equivalent to the examination required by this
5341 part; and has satisfied the requirements set forth in s.
5342 489.111;
5343 (b) Holds a valid license to practice contracting issued
5344 by another state or territory of the United States, if the
5345 criteria for issuance of such license were substantially
5346 equivalent to Florida's current certification criteria;
5347 (c) Holds a valid, current license to practice contracting
5348 issued by another state or territory of the United States, if
5349 the state or territory has entered into a reciprocal agreement
5350 with the department board for the recognition of contractor
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5351 licenses issued in that state, based on criteria for the
5352 issuance of such licenses that are substantially equivalent to
5353 the criteria for certification in this state; or
5354 (d) Has held a valid, current license to practice
5355 contracting issued by another state or territory of the United
5356 States for at least 10 years before the date of application and
5357 is applying for the same or similar license in this state,
5358 subject to subsections (5)-(8) (5)-(9). The department board may
5359 consider an applicant's technical competence to ensure the
5360 applicant is able to meet the requirements of this state's codes
5361 and standards for wind mitigation and water intrusion. The
5362 department board may also consider whether such applicant has
5363 had a license to practice contracting revoked, suspended, or
5364 otherwise acted against by the licensing authority of another
5365 state, territory, or country. Such application must be made
5366 either when the license in another state or territory is active
5367 or within 2 years after such license was last active. Division I
5368 contractors and roofing contractors must complete a 2-hour
5369 course on the Florida Building Code which includes information
5370 on wind mitigation techniques. The required courses may be
5371 completed online.
5372 (4)
5373 (b)1. Each certificateholder or registrant shall provide
5374 proof, in a form established by rule of the board, that the
5375 certificateholder or registrant has completed at least 14
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5376 classroom hours of at least 50 minutes each of continuing
5377 education courses during each biennium since the issuance or
5378 renewal of the certificate or registration. The board shall
5379 establish by rule that a portion of the required 14 hours must
5380 deal with the subject of workers' compensation, business
5381 practices, workplace safety, and, for applicable licensure
5382 categories, wind mitigation methodologies, and 1 hour of which
5383 must deal with laws and rules. The board shall by rule establish
5384 criteria for the approval of continuing education courses and
5385 providers, including requirements relating to the content of
5386 courses and standards for approval of providers, and may by rule
5387 establish criteria for accepting alternative nonclassroom
5388 continuing education on an hour-for-hour basis. The board shall
5389 prescribe by rule the continuing education, if any, which is
5390 required during the first biennium of initial licensure. A
5391 person who has been licensed for less than an entire biennium
5392 must not be required to complete the full 14 hours of continuing
5393 education.
5394 2. In addition, the board may approve specialized
5395 continuing education courses on compliance with the wind
5396 resistance provisions for one and two family dwellings contained
5397 in the Florida Building Code and any alternate methodologies for
5398 providing such wind resistance which have been approved for use
5399 by the Florida Building Commission. Division I
5400 certificateholders or registrants who demonstrate proficiency
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5401 upon completion of such specialized courses may certify plans
5402 and specifications for one and two family dwellings to be in
5403 compliance with the code or alternate methodologies, as
5404 appropriate, except for dwellings located in floodways or
5405 coastal hazard areas as defined in ss. 60.3D and E of the
5406 National Flood Insurance Program.
5407 3. The board shall require, by rule adopted pursuant to
5408 ss. 120.536(1) and 120.54, a specified number of hours in
5409 specialized or advanced module courses, approved by the Florida
5410 Building Commission, on any portion of the Florida Building
5411 Code, adopted pursuant to part IV of chapter 553, relating to
5412 the contractor's respective discipline.
5413 (5)(a) As a prerequisite to the initial issuance or the
5414 renewal of a certificate or registration, the applicant shall
5415 submit an affidavit on a form provided by the department board
5416 attesting to the fact that the applicant has obtained workers'
5417 compensation insurance as required by chapter 440, public
5418 liability insurance, and property damage insurance for the
5419 safety and welfare of the public, in amounts determined by rule
5420 of the department board. The department board shall by rule
5421 establish a procedure to verify the accuracy of such affidavits
5422 based upon a random sample method.
5423 (b) In addition to the affidavit of insurance, as a
5424 prerequisite to the initial issuance of a certificate, the
5425 applicant shall furnish a credit report from a nationally
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5426 recognized credit agency that reflects the financial
5427 responsibility of the applicant and evidence of financial
5428 responsibility, credit, and business reputation of either
5429 himself or herself or the business organization he or she
5430 desires to qualify. The department board shall adopt rules
5431 defining financial responsibility based upon the applicant's
5432 credit history, ability to be bonded, and any history of
5433 bankruptcy or assignment of receivers. The department board may
5434 also adopt rules that would allow applicants to demonstrate
5435 financial responsibility, as an alternative to the foregoing, by
5436 providing minimum credit scores or bonds payable as prescribed
5437 for financially responsible officers. Such rules shall specify
5438 the financial responsibility grounds on which the department
5439 board may refuse to qualify an applicant for certification.
5440 (c) If, within 60 days from the date the applicant is
5441 notified that he or she has qualified, he or she does not
5442 provide the evidence required, he or she shall apply to the
5443 department for an extension of time which shall be granted upon
5444 a showing of just cause.
5445 (d) An applicant for initial issuance of a certificate or
5446 registration shall submit as a prerequisite to qualifying for an
5447 exemption from workers' compensation coverage requirements under
5448 s. 440.05 an affidavit attesting to the fact that the applicant
5449 will obtain an exemption within 30 days after the date the
5450 initial certificate or registration is issued by the department
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5451 board.
5452 (6) An applicant for initial issuance of a certificate or
5453 registration shall submit to a statewide criminal history
5454 records check through the Department of Law Enforcement. The
5455 Department of Business and Professional Regulation shall submit
5456 the requests for the criminal history records check to the
5457 Department of Law Enforcement for state processing, and the
5458 Department of Law Enforcement shall return the results to the
5459 department to determine if the applicant meets certification or
5460 registration requirements. If the applicant has been convicted
5461 of a felony, the Department of Business and Professional
5462 Regulation board may deny licensure to the applicant based upon
5463 the severity of the crime, the relationship of the crime to
5464 contracting, or the potential for public harm. The department
5465 board shall also, in denying or approving licensure, consider
5466 the length of time since the commission of the crime and the
5467 rehabilitation of the applicant. The department board may not
5468 deny licensure to an applicant based solely upon a felony
5469 conviction or the applicant's failure to provide proof of
5470 restoration of civil rights.
5471 (7) An initial applicant shall, along with the
5472 application, and a certificateholder or registrant shall, upon
5473 requesting a change of status, submit to the department board a
5474 credit report from a nationally recognized credit agency that
5475 reflects the financial responsibility of the applicant or
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5476 certificateholder or registrant. The credit report required for
5477 the initial applicant shall be considered the minimum evidence
5478 necessary to satisfy the department board that he or she is
5479 financially responsible to be certified, has the necessary
5480 credit and business reputation to engage in contracting in the
5481 state, and has the minimum financial stability necessary to
5482 avoid the problem of financial mismanagement or misconduct. The
5483 department board shall, by rule, adopt guidelines for
5484 determination of financial stability, which may include minimum
5485 requirements for net worth, cash, and bonding for Division I
5486 certificateholders of no more than $20,000 and for Division II
5487 certificateholders of no more than $10,000. Fifty percent of the
5488 financial requirements may be met by completing a 14-hour
5489 financial responsibility course approved by the department
5490 board.
5491 (8) If a certificateholder or registrant holds a license
5492 under both this part and part II and is required to have
5493 continuing education courses under s. 489.517(3), the
5494 certificateholder or registrant may apply those course hours for
5495 workers' compensation, workplace safety, and business practices
5496 obtained under part II to the requirements under this part.
5497 (8)(9) An initial applicant shall submit, along with the
5498 application, a complete set of fingerprints to the department.
5499 The fingerprints shall be submitted to the Department of Law
5500 Enforcement for state processing, and the Department of Law
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5501 Enforcement shall forward them to the Federal Bureau of
5502 Investigation for national processing for the purpose of
5503 determining if the applicant has a criminal history record. The
5504 Department of Business and Professional Regulation shall and the
5505 board may review the background results to determine if an
5506 applicant meets licensure requirements. The cost for the
5507 fingerprint processing shall be borne by the person subject to
5508 the background screening. These fees are to be collected by the
5509 authorized agencies or vendors. The authorized agencies or
5510 vendors are responsible for paying the processing costs to the
5511 Department of Law Enforcement.
5512 Section 185. Subsections (7) and (8) of section 489.116,
5513 Florida Statutes, are renumbered as subsections (6) and (7),
5514 respectively, and subsections (2) through (6) and present
5515 subsection (7) of that section are amended, to read:
5516 489.116 Inactive and delinquent status; renewal and
5517 cancellation notices.—
5518 (2) The department board shall permit a certificateholder
5519 or registrant to elect, at the time of licensure renewal, an
5520 active or inactive status.
5521 (3) An inactive status certificateholder or registrant may
5522 change to active status at any time, if the certificateholder or
5523 registrant meets all requirements for active status, pays any
5524 additional licensure fees necessary to equal those imposed on an
5525 active status certificateholder or registrant, pays any
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5526 applicable late fees, and meets all continuing education
5527 requirements prescribed by the department board.
5528 (4) A certificateholder or registrant shall apply with a
5529 completed application, as determined by department board rule,
5530 to renew an active or inactive status certificate or
5531 registration before the certificate or registration expires.
5532 Failure of a certificateholder or registrant to so apply shall
5533 cause the certificate or registration to become a delinquent
5534 certificate or registration. Further, any delinquent
5535 certificateholder or registrant who fails to apply to renew
5536 licensure on either active or inactive status before expiration
5537 of the current licensure cycle must reapply in the same manner
5538 as an applicant for initial certification or registration.
5539 (5) A delinquent status certificateholder or registrant
5540 must apply with a completed application, as determined by
5541 department board rule, for active or inactive status during the
5542 current licensure cycle. Failure by a delinquent status
5543 certificateholder or registrant to become active or inactive
5544 before the expiration of the current licensure cycle renders the
5545 certificate or registration void, and any subsequent licensure
5546 shall be subject to all procedures and requirements imposed on
5547 an applicant for initial licensure.
5548 (6) The board may not require an inactive
5549 certificateholder or registrant to complete more than one
5550 renewal cycle of continuing education for reactivating a
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5551 certificate or registration.
5552 (6)(7) The status or any change in status of a
5553 certificateholder or registrant may shall not alter in any way
5554 the department's board's right to impose discipline or to
5555 enforce discipline previously imposed on a certificateholder or
5556 registrant for acts or omissions committed by the
5557 certificateholder or registrant while holding a certificate or
5558 registration.
5559 Section 186. Paragraphs (a) and (c) of subsection (1),
5560 subsection (2), paragraph (a) of subsection (3), and subsection
5561 (4) of section 489.117, Florida Statutes, are amended to read:
5562 489.117 Registration; specialty contractors.—
5563 (1)(a) A person engaged in the business of a contractor as
5564 defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o) must be
5565 registered before engaging in business as a contractor in this
5566 state, unless he or she is certified. Except as provided in
5567 paragraph (2)(b), to be initially registered, the applicant must
5568 submit the required fee and file evidence of successful
5569 compliance with the local examination and licensing
5570 requirements, if any, in the area for which registration is
5571 desired. An examination is not required for registration.
5572 (c) Each registrant shall report to the department board
5573 each local jurisdiction and each category of registration in
5574 which the registrant holds a certificate of competency or
5575 license, or where the registrant has been granted a certificate
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5576 of competency or license by reciprocal agreement, for which
5577 registration is required by this part, within 30 days after
5578 obtaining such certificate or license.
5579 (2)(a) Except as provided in paragraph (b), the department
5580 board may not issue a new registration after July 1, 1993, based
5581 on any certificate of competency or license for a category of
5582 contractor defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o)
5583 which is issued by a municipal or county government that does
5584 not exercise disciplinary control and oversight over such
5585 locally licensed contractors, including forwarding a recommended
5586 order in each action to the department board as provided in s.
5587 489.131(7). For purposes of this subsection and s. 489.131(10),
5588 the department board shall determine the adequacy of such
5589 disciplinary control by reviewing the local government's ability
5590 to process and investigate complaints and to take disciplinary
5591 action against locally licensed contractors.
5592 (b) The department board shall issue a registration to an
5593 eligible applicant to engage in the business of a contractor in
5594 a specified local jurisdiction, provided each of the following
5595 conditions are satisfied:
5596 1. The applicant held, in any local jurisdiction in this
5597 state during 2021, 2022, or 2023, a certificate of registration
5598 issued by the state or a local license issued by a local
5599 jurisdiction to perform work in a category of contractor defined
5600 in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o).
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5601 2. The applicant submits all of the following to the
5602 department board:
5603 a. Evidence of the certificate of registration or local
5604 license held by the applicant as required by subparagraph 1.
5605 b. Evidence that the specified local jurisdiction does not
5606 have a license type available for the category of work for which
5607 the applicant was issued a certificate of registration or local
5608 license during 2021, 2022, or 2023, such as a notification on
5609 the website of the local jurisdiction or an e-mail or letter
5610 from the office of the local building official or local building
5611 department stating that such license type is not available in
5612 that local jurisdiction.
5613 c. Evidence that the applicant has submitted the required
5614 fee.
5615 d. Evidence of compliance with the insurance and financial
5616 responsibility requirements of s. 489.115(5).
5617
5618 An examination is not required for an applicant seeking a
5619 registration under this paragraph.
5620 (c) The department board is responsible for disciplining
5621 licensees issued a registration under paragraph (b). The
5622 department board shall make such licensure and disciplinary
5623 information available through the automated information system
5624 provided pursuant to s. 455.2286.
5625 (d) The fees for an applicant seeking a registration under
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5626 paragraph (b) and renewal of such registration every 2 years are
5627 the same as the fees established by the department board for
5628 applications, registration and renewal, and record making and
5629 recordkeeping, as set forth in s. 489.109. The department shall
5630 provide license, renewal, and cancellation notices pursuant to
5631 ss. 455.273 and 455.275.
5632 (3)(a) Upon findings of fact supporting the need therefor,
5633 the department board may grant a limited nonrenewable
5634 registration to a contractor not domiciled in the state, for one
5635 project. During the period of such registration the department
5636 board may require compliance with this and any other statute of
5637 the state.
5638 (4)(a)1. A person whose job scope does not substantially
5639 correspond to either the job scope of one of the contractor
5640 categories defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o),
5641 or the job scope of one of the certified specialty contractor
5642 categories established by department board rule, is not required
5643 to register with the department board. A local government, as
5644 defined in s. 163.211, may not require a person to obtain a
5645 license, issued by the local government or the state, for a job
5646 scope which does not substantially correspond to the job scope
5647 of one of the contractor categories defined in s. 489.105(2)(a)-
5648 (o) and (q) s. 489.105(3)(a)-(o) and (q) or authorized in s.
5649 489.1455(1), or the job scope of one of the certified specialty
5650 contractor categories established pursuant to s. 489.113(6). A
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5651 local government may not require a state or local license to
5652 obtain a permit for such job scopes. For purposes of this
5653 section, job scopes for which a local government may not require
5654 a license include, but are not limited to, painting; flooring;
5655 cabinetry; interior remodeling when the scope of the project
5656 does not include a task for which a state license is required;
5657 driveway or tennis court installation; handyman services;
5658 decorative stone, tile, marble, granite, or terrazzo
5659 installation; plastering; pressure washing; stuccoing; caulking;
5660 and canvas awning and ornamental iron installation.
5661 2. A county that includes an area designated as an area of
5662 critical state concern under s. 380.05 may offer a license for
5663 any job scope which requires a contractor license under this
5664 part if the county imposed such a licensing requirement before
5665 January 1, 2021.
5666 3. A local government may continue to offer a license for
5667 veneer, including aluminum or vinyl gutters, siding, soffit, or
5668 fascia; rooftop painting, coating, and cleaning above three
5669 stories in height; or fence installation and erection if the
5670 local government imposed such a licensing requirement before
5671 January 1, 2021.
5672 4. A local government may not require a license as a
5673 prerequisite to submit a bid for public works projects if the
5674 work to be performed does not require a license under general
5675 law.
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5676 (b) The local jurisdictions are responsible for providing
5677 the following information to the department board within 30 days
5678 after licensure of, or any disciplinary action against, a
5679 locally licensed contractor who is registered under this part:
5680 1. Licensure information.
5681 2. Code violation information pursuant to s. 553.781.
5682 3. Disciplinary information.
5683
5684 The department board shall maintain such licensure and
5685 disciplinary information as it is provided to the department
5686 board and shall make the information available through the
5687 automated information system provided pursuant to s. 455.2286.
5688 (c) Providing discipline to such locally licensed
5689 contractors is the responsibility of the local jurisdiction.
5690 (d) Any person who is not required to obtain registration
5691 or certification pursuant to s. 489.105(2)(d)-(o) s.
5692 489.105(3)(d)-(o) may perform contracting services for the
5693 construction, remodeling, repair, or improvement of single-
5694 family residences, including a townhouse as defined in the
5695 Florida Building Code, without obtaining a local license if such
5696 person is under the supervision of a certified or registered
5697 general, building, or residential contractor. As used in this
5698 paragraph, supervision may shall not be deemed to require the
5699 existence of a direct contract between the certified or
5700 registered general, building, or residential contractor and the
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5701 person performing specialty contracting services.
5702 (e) Any person who is not certified or registered may
5703 perform the work of a specialty contractor whose scope of
5704 practice is limited to the type of work specified under s.
5705 489.105(2)(j), (k), or (l) s. 489.105(3)(j), (k), or (l) for the
5706 construction, remodeling, repair, or improvement of commercial
5707 or residential swimming pools, interactive water features as
5708 defined in the Florida Building Code, hot tubs, and spas without
5709 obtaining a local license or certification as a specialty
5710 contractor if he or she is supervised by a contractor who is
5711 certified or registered under s. 489.105(2)(j), (k), or (l) s.
5712 489.105(3)(j), (k), or (l); the work is within the scope of the
5713 supervising contractor's license; the supervising contractor is
5714 responsible for the work; and the work does not require
5715 certification or registration under s. 489.105(2)(d)-(i), (m)-
5716 (o) s. 489.105(3)(d)-(i), (m)-(o), or s. 489.505. Such
5717 supervision does not require a direct contract between the
5718 contractor certified or registered under s. 489.105(2)(j), (k),
5719 or (l) s. 489.105(3)(j), (k), or (l) and the person performing
5720 the work, or for the person performing the work to be an
5721 employee of the contractor certified or registered under s.
5722 489.105(2)(j), (k), or (l) s. 489.105(3)(j), (k), or (l). This
5723 paragraph does not limit the exemptions provided in s. 489.103
5724 and may not be construed to expand the scope of a contractor
5725 certified or registered under s. 489.105(2)(j), (k), or (l) s.
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5726 489.105(3)(j), (k), or (l) to provide plumbing or electrical
5727 services for which certification or registration is required by
5728 this part or part II.
5729 Section 187. Section 489.118, Florida Statutes, is amended
5730 to read:
5731 489.118 Certification of registered contractors;
5732 grandfathering provisions.—The department board shall, upon
5733 receipt of a completed application and appropriate fee, issue a
5734 certificate in the appropriate category to any contractor
5735 registered under this part who makes application to the
5736 department board and can show that he or she meets each of the
5737 following requirements:
5738 (1) Currently holds a valid registered local license in
5739 one of the contractor categories defined in s. 489.105(3)(a)-(p)
5740 s. 489.105(3)(a)-(p).
5741 (2) Has, for that category, passed a written examination
5742 that the department board finds to be substantially similar to
5743 the examination required to be licensed as a certified
5744 contractor under this part. For purposes of this subsection, a
5745 written, proctored examination such as that produced by the
5746 National Assessment Institute, Block and Associates, NAI/Block,
5747 Experior Assessments, Professional Testing, Inc., or Assessment
5748 Systems, Inc., shall be considered to be substantially similar
5749 to the examination required to be licensed as a certified
5750 contractor. The department board may not impose or make any
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5751 requirements regarding the nature or content of these cited
5752 examinations.
5753 (3) Has at least 5 years of experience as a contractor in
5754 that contracting category, or as an inspector or building
5755 administrator with oversight over that category, at the time of
5756 application. For contractors, only time periods in which the
5757 contractor license is active and the contractor is not on
5758 probation shall count toward the 5 years required by this
5759 subsection.
5760 (4) Has not had his or her contractor's license revoked at
5761 any time, had his or her contractor's license suspended within
5762 the last 5 years, or been assessed a fine in excess of $500
5763 within the last 5 years.
5764 (5) Is in compliance with the insurance and financial
5765 responsibility requirements in s. 489.115(5).
5766 Section 188. Paragraphs (b), (c), and (e) of subsection
5767 (2), paragraph (a) of subsection (3), paragraphs (a), (b), and
5768 (e) of subsection (5), subsection (6), and paragraph (b) of
5769 subsection (7) of section 489.119, Florida Statutes, are amended
5770 to read:
5771 489.119 Business organizations; qualifying agents.—
5772 (2) If the applicant proposes to engage in contracting as
5773 a business organization, including any partnership, corporation,
5774 business trust, or other legal entity, or in any name other than
5775 the applicant's legal name or a fictitious name where the
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5776 applicant is doing business as a sole proprietorship, the
5777 applicant must apply for registration or certification as the
5778 qualifying agent of the business organization.
5779 (b)1. An application for registration or certification to
5780 qualify a business organization must include an affidavit on a
5781 form provided by the department board attesting that the
5782 applicant has final approval authority for all construction work
5783 performed by the business organization and that the applicant
5784 has final approval authority on all business matters, including
5785 contracts, specifications, checks, drafts, or payments,
5786 regardless of the form of payment, made by the business
5787 organization, except where a financially responsible officer is
5788 approved.
5789 2. The application for financially responsible officer
5790 must include an affidavit on a form provided by the department
5791 board attesting that the applicant's approval is required for
5792 all checks, drafts, or payments, regardless of the form of
5793 payment, made by the business organization and that the
5794 applicant has authority to act for the business organization in
5795 all financial matters.
5796 3. The application for secondary qualifying agent must
5797 include an affidavit on a form provided by the department board
5798 attesting that the applicant has authority to supervise all
5799 construction work performed by the business organization as
5800 provided in s. 489.1195(2).
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5801 (c) The department board may deny an application for
5802 registration or certification to qualify a business organization
5803 if the applicant, or any person listed in paragraph (a), has
5804 been involved in past disciplinary actions or on any grounds for
5805 which an individual registration or certification may be denied.
5806 (e) A joint venture, including a joint venture composed of
5807 qualified business organizations, is itself a separate and
5808 distinct organization that must be qualified in accordance with
5809 department board rules.
5810 (3)(a) A qualifying agent must be certified or registered
5811 under this part in order for the business organization to
5812 operate in the category of contracting in which the qualifying
5813 agent is certified or registered. If any qualifying agent ceases
5814 to be affiliated with a business organization, he or she shall
5815 inform the department. In addition, if the qualifying agent is
5816 the only certified or registered contractor affiliated with the
5817 business organization, the business organization shall notify
5818 the department of the termination of the qualifying agent and
5819 shall have 60 days from the termination of the qualifying
5820 agent's affiliation with the business organization in which to
5821 employ another qualifying agent. The business organization may
5822 not engage in contracting until a qualifying agent is employed,
5823 unless the department executive director or chair of the board
5824 has granted a temporary nonrenewable certificate or registration
5825 to the financially responsible officer, the president, a
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5826 partner, or, in the case of a limited partnership, the general
5827 partner, who assumes all responsibilities of a primary
5828 qualifying agent for the business organization. This temporary
5829 certificate or registration shall only allow the business
5830 organization to proceed with incomplete contracts. For the
5831 purposes of this paragraph, an incomplete contract is one which
5832 has been awarded to, or entered into by, the business
5833 organization before prior to the cessation of affiliation of the
5834 qualifying agent with the business organization or one on which
5835 the business organization was the low bidder and the contract is
5836 subsequently awarded, regardless of whether any actual work has
5837 commenced under the contract before prior to the qualifying
5838 agent ceasing to be affiliated with the business organization.
5839 (5)(a) Each registered or certified contractor shall affix
5840 the number of his or her registration or certification to each
5841 application for a building permit and on each building permit
5842 issued and recorded. Each city or county building department
5843 shall require, as a precondition for the issuance of the
5844 building permit, that the contractor taking out the permit must
5845 provide verification giving his or her department Construction
5846 Industry Licensing Board registration or certification number.
5847 (b) The registration or certification number of each
5848 contractor shall appear in each offer of services, business
5849 proposal, bid, contract, or advertisement, regardless of medium,
5850 as defined by department board rule, used by that contractor or
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5851 business organization in the practice of contracting.
5852 (e) The department board shall issue a notice of
5853 noncompliance for the first offense, and may assess a fine or
5854 issue a citation for failure to correct the offense within 30
5855 days or for any subsequent offense, to any contractor or
5856 business organization that fails to include the certification or
5857 registration number as required by this part when submitting an
5858 advertisement for publication, broadcast, or printing or fails
5859 to display the certification or registration number as required
5860 by this part.
5861 (6) Each qualifying agent shall pay the department an
5862 amount equal to the original fee for registration or
5863 certification to qualify a new business organization. If the
5864 qualifying agent for a business organization desires to qualify
5865 additional business organizations, the department board shall
5866 require the qualifying agent to present evidence of his or her
5867 ability to supervise the construction activities of each such
5868 organization. Approval of each business organization is
5869 discretionary with the department board.
5870 (7)
5871 (b) Any business organization engaging in contracting
5872 under this subsection shall provide the department board with
5873 the name and license number of each registered or certified
5874 contractor employed by the business organization to supervise
5875 its contracting activities. The business organization is not
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5876 required to post a bond or otherwise evidence any financial or
5877 credit information except as necessary to demonstrate compliance
5878 with paragraph (a).
5879 Section 189. Paragraphs (b) and (d) of subsection (1),
5880 paragraphs (a) and (b) of subsection (2), and paragraphs (a) and
5881 (b) of subsection (3) of section 489.1195, Florida Statutes, are
5882 amended to read:
5883 489.1195 Responsibilities.—
5884 (1) A qualifying agent is a primary qualifying agent
5885 unless he or she is a secondary qualifying agent under this
5886 section.
5887 (b) Upon approval by the department board, a business
5888 entity may designate a financially responsible officer for
5889 purposes of certification or registration. A financially
5890 responsible officer shall be responsible for all financial
5891 aspects of the business organization and may not be designated
5892 as the primary qualifying agent. The designated financially
5893 responsible officer shall furnish evidence of the financial
5894 responsibility, credit, and business reputation of either
5895 himself or herself, or the business organization he or she
5896 desires to qualify, as determined appropriate by the department
5897 board.
5898 (d) The department board shall adopt rules prescribing the
5899 qualifications for financially responsible officers, including
5900 net worth, cash, and bonding requirements. These qualifications
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5901 must be at least as extensive as the requirements for the
5902 financial responsibility of qualifying agents.
5903 (2)(a) One of the qualifying agents for a business
5904 organization that has more than one qualifying agent may be
5905 designated as the sole primary qualifying agent for the business
5906 organization by a joint agreement that is executed, on a form
5907 provided by the department board, by all qualifying agents for
5908 the business organization.
5909 (b) The joint agreement must be submitted to the
5910 department board for approval. If the department board
5911 determines that the joint agreement is in good order, it shall
5912 approve the designation and immediately notify the qualifying
5913 agents of such approval. The designation made by the joint
5914 agreement is effective upon receipt of the notice by the
5915 qualifying agents.
5916 (3)(a) A qualifying agent who has been designated by a
5917 joint agreement as the sole primary qualifying agent for a
5918 business organization may terminate this status as such by
5919 giving actual notice to the business organization, to the
5920 department board, and to all secondary qualifying agents of his
5921 or her intention to terminate this status. The notice to the
5922 department board must include proof satisfactory to the
5923 department board that he or she has given the notice required in
5924 this paragraph.
5925 (b) The status of the qualifying agent shall cease upon
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5926 the designation of a new primary qualifying agent or 60 days
5927 after satisfactory notice of termination has been provided to
5928 the department board, whichever first occurs.
5929 Section 190. Section 489.121, Florida Statutes, is amended
5930 to read:
5931 489.121 Emergency registration upon death of contractor.—
5932 If an incomplete contract exists at the time of death of a
5933 contractor, the contract may be completed by any person even
5934 though not certified or registered. Such person shall notify the
5935 department board, within 30 days after the death of the
5936 contractor, of his or her name and address, knowledge of the
5937 contract, and ability to complete it. If the department board
5938 approves, he or she may proceed with the contract. For purposes
5939 of this section, an incomplete contract is one which has been
5940 awarded to, or entered into by, the contractor before his or her
5941 death, or on which he or she was the low bidder and the contract
5942 is subsequently awarded to him or her, regardless of whether any
5943 actual work has commenced under the contract before the
5944 contractor's death.
5945 Section 191. Subsection (1) of section 489.126, Florida
5946 Statutes, is amended to read:
5947 489.126 Moneys received by contractors.—
5948 (1) For purposes of this section, the term "contractor"
5949 includes all definitions as set forth in s. 489.105(2) s.
5950 489.105(3), and any person performing or contracting or
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5951 promising to perform work described therein, without regard to
5952 the licensure of the person.
5953 Section 192. Subsection (6) of section 489.127, Florida
5954 Statutes, is amended to read:
5955 489.127 Prohibitions; penalties.—
5956 (6) Local building departments may collect outstanding
5957 fines against registered or certified contractors issued by the
5958 department Construction Industry Licensing Board and may retain
5959 75 percent of the fines they are able to collect, provided that
5960 they transmit 25 percent of the fines they are able to collect
5961 to the department according to a procedure to be determined by
5962 the department.
5963 Section 193. Section 489.129, Florida Statutes, is amended
5964 to read:
5965 489.129 Disciplinary proceedings.—
5966 (1) The department board may take any of the following
5967 actions against any certificateholder or registrant: place on
5968 probation or reprimand the licensee, revoke, suspend, or deny
5969 the issuance or renewal of the certificate or registration,
5970 require financial restitution to a consumer for financial harm
5971 directly related to a violation of a provision of this part,
5972 impose an administrative fine not to exceed $10,000 per
5973 violation, require continuing education, or assess costs
5974 associated with investigation and prosecution, if the
5975 contractor, financially responsible officer, or business
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5976 organization for which the contractor is a primary qualifying
5977 agent, a financially responsible officer, or a secondary
5978 qualifying agent responsible under s. 489.1195 is found guilty
5979 of any of the following acts:
5980 (a) Obtaining a certificate or registration by fraud or
5981 misrepresentation.
5982 (b) Being convicted or found guilty of, or entering a plea
5983 of nolo contendere to, regardless of adjudication, a crime in
5984 any jurisdiction which directly relates to the practice of
5985 contracting or the ability to practice contracting.
5986 (c) Violating any provision of chapter 455.
5987 (d) Performing any act which assists a person or entity in
5988 engaging in the prohibited uncertified and unregistered practice
5989 of contracting, if the certificateholder or registrant knows or
5990 has reasonable grounds to know that the person or entity was
5991 uncertified and unregistered.
5992 (e) Knowingly combining or conspiring with an uncertified
5993 or unregistered person by allowing his or her certificate or
5994 registration to be used by the uncertified or unregistered
5995 person with intent to evade the provisions of this part. When a
5996 certificateholder or registrant allows his or her certificate or
5997 registration to be used by one or more business organizations
5998 without having any active participation in the operations,
5999 management, or control of such business organizations, such act
6000 constitutes prima facie evidence of an intent to evade the
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6001 provisions of this part.
6002 (f) Acting in the capacity of a contractor under any
6003 certificate or registration issued hereunder except in the name
6004 of the certificateholder or registrant as set forth on the
6005 issued certificate or registration, or in accordance with the
6006 personnel of the certificateholder or registrant as set forth in
6007 the application for the certificate or registration, or as later
6008 changed as provided in this part.
6009 (g) Committing mismanagement or misconduct in the practice
6010 of contracting that causes financial harm to a customer.
6011 Financial mismanagement or misconduct occurs when:
6012 1. Valid liens have been recorded against the property of
6013 a contractor's customer for supplies or services ordered by the
6014 contractor for the customer's job; the contractor has received
6015 funds from the customer to pay for the supplies or services; and
6016 the contractor has not had the liens removed from the property,
6017 by payment or by bond, within 75 days after the date of such
6018 liens;
6019 2. The contractor has abandoned a customer's job and the
6020 percentage of completion is less than the percentage of the
6021 total contract price paid to the contractor as of the time of
6022 abandonment, unless the contractor is entitled to retain such
6023 funds under the terms of the contract or refunds the excess
6024 funds within 30 days after the date the job is abandoned; or
6025 3. The contractor's job has been completed, and it is
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6026 shown that the customer has had to pay more for the contracted
6027 job than the original contract price, as adjusted for subsequent
6028 change orders, unless such increase in cost was the result of
6029 circumstances beyond the control of the contractor, was the
6030 result of circumstances caused by the customer, or was otherwise
6031 permitted by the terms of the contract between the contractor
6032 and the customer.
6033 (h) Being disciplined by any municipality or county for an
6034 act or violation of this part.
6035 (i) Failing in any material respect to comply with the
6036 provisions of this part or violating a rule or lawful order of
6037 the department board.
6038 (j) Abandoning a construction project in which the
6039 contractor is engaged or under contract as a contractor. A
6040 project may be presumed abandoned after 90 days if the
6041 contractor terminates the project without just cause or without
6042 proper notification to the owner, including the reason for
6043 termination, or fails to perform work without just cause for 90
6044 consecutive days.
6045 (k) Signing a statement with respect to a project or
6046 contract falsely indicating that the work is bonded; falsely
6047 indicating that payment has been made for all subcontracted
6048 work, labor, and materials which results in a financial loss to
6049 the owner, purchaser, or contractor; or falsely indicating that
6050 workers' compensation and public liability insurance are
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6051 provided.
6052 (l) Committing fraud or deceit in the practice of
6053 contracting.
6054 (m) Committing incompetency or misconduct in the practice
6055 of contracting.
6056 (n) Committing gross negligence, repeated negligence, or
6057 negligence resulting in a significant danger to life or
6058 property.
6059 (o) Proceeding on any job without obtaining applicable
6060 local building department permits and inspections.
6061 (p) Intimidating, threatening, coercing, or otherwise
6062 discouraging the service of a notice to owner under part I of
6063 chapter 713 or a notice to contractor under chapter 255 or part
6064 I of chapter 713.
6065 (q) Failing to satisfy within a reasonable time, the terms
6066 of a civil judgment obtained against the licensee, or the
6067 business organization qualified by the licensee, relating to the
6068 practice of the licensee's profession.
6069 (r) Committing misapplication of construction funds in
6070 violation of s. 713.345. If a contractor, subcontractor, sub-
6071 subcontractor, or other person licensed by the department board
6072 under this chapter is convicted of misapplication of
6073 construction funds, the department board must suspend all
6074 licenses issued to such licensee under this chapter for a
6075 minimum of 1 year from the date of conviction. The suspension
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6076 required under this paragraph is not exclusive, and the
6077 department board may impose any additional penalties set forth
6078 in this subsection.
6079
6080 For the purposes of this subsection, construction is considered
6081 to be commenced when the contract is executed and the contractor
6082 has accepted funds from the customer or lender. A contractor
6083 does not commit a violation of this subsection when the
6084 contractor relies on a building code interpretation rendered by
6085 a building official or person authorized by s. 553.80 to enforce
6086 the building code, absent a finding of fraud or deceit in the
6087 practice of contracting, or gross negligence, repeated
6088 negligence, or negligence resulting in a significant danger to
6089 life or property on the part of the building official, in a
6090 proceeding under chapter 120.
6091 (2) If a registrant or certificateholder disciplined under
6092 subsection (1) is a qualifying agent or financially responsible
6093 officer for a business organization and the violation was
6094 performed in connection with a construction project undertaken
6095 by that business organization, the department board may impose
6096 an additional administrative fine not to exceed $5,000 per
6097 violation against the business organization or against any
6098 partner, officer, director, trustee, or member if such person
6099 participated in the violation or knew or should have known of
6100 the violation and failed to take reasonable corrective action.
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6101 (3) The department board may specify by rule the acts or
6102 omissions which constitute violations of this section.
6103 (4) In recommending penalties in any proposed recommended
6104 final order, the department shall follow the penalty guidelines
6105 established by the department board by rule. The department
6106 shall advise the administrative law judge of the appropriate
6107 penalty, including mitigating and aggravating circumstances, and
6108 the specific rule citation.
6109 (5) The department board may not reinstate the
6110 certification or registration of, or cause a certificate or
6111 registration to be issued to, a person who or business
6112 organization which the department board has determined is
6113 unqualified or whose certificate or registration the department
6114 board has suspended until it is satisfied that such person or
6115 business organization has complied with all the terms and
6116 conditions set forth in the final order and is capable of
6117 competently engaging in the business of contracting.
6118 (6)(a) The department board may assess interest or
6119 penalties on all fines imposed under this chapter against any
6120 person or business organization which has not paid the imposed
6121 fine by the due date established by rule or final order. The
6122 provisions of chapter 120 do not apply to such assessment.
6123 Interest rates to be imposed shall be established by rule and
6124 may shall not be usurious.
6125 (b) Venue for all actions to enforce any fine levied by
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6126 the department board shall be in Duval County. The department
6127 board is authorized to enter into contracts with private
6128 businesses or attorneys to collect such fines with payment for
6129 such collections made on a contingent fee basis. All such
6130 contracts shall be publicly advertised and competitively awarded
6131 based upon responses submitted to a request for proposals
6132 developed by the department board.
6133 (7) The department may board shall not issue or renew a
6134 certificate or registration to any person or business
6135 organization that has been assessed a fine, interest, or costs
6136 associated with investigation and prosecution, or has been
6137 ordered to pay restitution, until such fine, interest, or costs
6138 associated with investigation and prosecution or restitution are
6139 paid in full or until all terms and conditions of the final
6140 order have been satisfied.
6141 (8) If the department board finds any certified or
6142 registered contractor guilty of a violation, the department
6143 board may, as part of its disciplinary action, require such
6144 contractor to obtain continuing education in the areas of
6145 contracting affected by such violation.
6146 (9) Any person certified or registered pursuant to this
6147 part who has had his or her license revoked may shall not be
6148 eligible to be a partner, officer, director, or trustee of a
6149 business organization defined by this section or be employed in
6150 a managerial or supervisory capacity for a 5-year period. Such
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6151 person shall also be ineligible to reapply for certification or
6152 registration under this part for a period of 5 years after the
6153 effective date of the revocation.
6154 (10) If a business organization or any of its partners,
6155 officers, directors, trustees, or members is or has previously
6156 been fined for violating subsection (2) or s. 489.132, the board
6157 may, on that basis alone, revoke, suspend, place on probation,
6158 or deny issuance of a certificate or registration to a
6159 qualifying agent or financially responsible officer of that
6160 business organization.
6161 (11)(a) Notwithstanding the provisions of chapters 120 and
6162 455, upon receipt of a legally sufficient consumer complaint
6163 alleging a violation of this part, the department may provide by
6164 rule for binding arbitration between the complainant and the
6165 certificateholder or registrant, provided the following
6166 conditions exist:
6167 1. There is evidence that the complainant has suffered or
6168 is likely to suffer monetary damages resulting from the
6169 violation of this part;
6170 2. The certificateholder or registrant does not have a
6171 history of repeated or similar violations;
6172 3. Reasonable grounds exist to believe that the public
6173 interest will be better served by arbitration than by
6174 disciplinary action; and
6175 4. The complainant and certificateholder or registrant
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6176 have not previously entered into private arbitration, and no
6177 civil court action based on the same transaction has been filed.
6178 (b) The certificateholder or registrant and the
6179 complainant may consent in writing to binding arbitration within
6180 15 days following notification of this process by the
6181 department. The department may suspend all action in the matter
6182 for 45 days when notice of consent to binding arbitration is
6183 received by the department. If the arbitration process is
6184 successfully concluded within the 60-day period, the department
6185 may close the case file with a notation of the disposition and
6186 the licensee's record shall reflect only that a complaint was
6187 filed and resolved through arbitration.
6188 (c) Where a complaint meets the criteria for arbitration
6189 set forth in paragraph (a) and the damages at issue are less
6190 than $2,500, the department shall refer the complaint for
6191 mandatory arbitration.
6192 (d) The arbitrator's order shall become a final order of
6193 the department board if not challenged by the complainant or the
6194 certificateholder or registrant within 30 days after filing. The
6195 department's board's review of the arbitrator's order shall
6196 operate in the manner of the review of recommended orders
6197 pursuant to s. 120.57(1) and may shall not be a de novo review.
6198 (12) When an investigation of a contractor is undertaken,
6199 the department shall promptly furnish to the contractor or the
6200 contractor's attorney a copy of the complaint or document that
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6201 resulted in the initiation of the investigation. The department
6202 shall make the complaint and supporting documents available to
6203 the contractor. The complaint or supporting documents shall
6204 contain information regarding the specific facts that serve as
6205 the basis for the complaint. The contractor may submit a written
6206 response to the information contained in such complaint or
6207 document within 20 days after service to the contractor of the
6208 complaint or document. The contractor's written response shall
6209 be considered by the probable cause panel. The right to respond
6210 does not prohibit the issuance of a summary emergency order if
6211 necessary to protect the public. However, if the department
6212 decides secretary, or the secretary's designee, and the chair of
6213 the board or the chair of the probable cause panel agree in
6214 writing that such notification would be detrimental to the
6215 investigation, the department may withhold notification. The
6216 department may conduct an investigation without notification to
6217 a contractor if the act under investigation is a criminal
6218 offense.
6219 Section 194. Paragraphs (c) and (f) of subsection (3),
6220 paragraphs (b) and (c) of subsection (6), paragraphs (c), (d),
6221 (e), and (f) of subsection (7), and subsections (10), (11), and
6222 (12) of section 489.131, Florida Statutes, are amended to read:
6223 489.131 Applicability.—
6224 (3) Nothing in this part limits the power of a
6225 municipality or county:
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6226 (c) To collect business taxes, subject to s. 205.065, and
6227 inspection fees for engaging in contracting or examination fees
6228 from persons who are registered with the department board
6229 pursuant to local examination requirements and issue business
6230 tax receipts. However, nothing in this part shall be construed
6231 to require general contractors, building contractors, or
6232 residential contractors to obtain additional business tax
6233 receipts for specialty work when such specialty work is
6234 performed by employees of such contractors on projects for which
6235 they have substantially full responsibility and such contractors
6236 do not hold themselves out to the public as being specialty
6237 contractors.
6238 (f) To refuse to issue permits or issue permits with
6239 specific conditions to a contractor who has committed multiple
6240 violations, when he or she has been disciplined for each of them
6241 by the department board and when each disciplinary action has
6242 involved revocation or suspension of a license, imposition of an
6243 administrative fine of at least $1,000, or probation; or to
6244 issue permits with specific conditions to a contractor who,
6245 within the previous 12 months, has had disciplinary action other
6246 than a citation or letter of guidance taken against him or her
6247 by the department or by a local board or agency which licenses
6248 contractors and has reported the action pursuant to paragraph
6249 (6)(c), for engaging in the business or acting in the capacity
6250 of a contractor without a license. However, this subsection does
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6251 not supersede the provisions of s. 489.113(4), and no county or
6252 municipality may require any certificateholder to obtain a local
6253 professional license or pay a local professional license fee as
6254 a condition of performing any services within the scope of the
6255 certificateholder's statewide license as established under this
6256 part.
6257 (6)
6258 (b) To engage in contracting in the territorial area, an
6259 applicant shall also be registered with the department board, as
6260 required by s. 489.117.
6261 (c) Each local board or agency that licenses contractors
6262 must transmit quarterly to the department board a report of any
6263 disciplinary action taken against contractors and of any
6264 administrative or disciplinary action taken against unlicensed
6265 persons for engaging in the business or acting in the capacity
6266 of a contractor including any cease and desist orders issued
6267 pursuant to s. 489.113(2)(b) and any fine issued pursuant to s.
6268 489.127(5).
6269 (7)
6270 (c) In addition to any action the local jurisdiction
6271 enforcement body may take against the individual's local
6272 license, and any fine the local jurisdiction may impose, the
6273 local jurisdiction enforcement body shall issue a recommended
6274 penalty for department board action. This recommended penalty
6275 may include a recommendation for no further action, or a
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6276 recommendation for suspension, restitution, revocation, or
6277 restriction of the registration, or a fine to be levied by the
6278 department board, or a combination thereof. The recommended
6279 penalty must specify the violations of this chapter upon which
6280 the recommendation is based. The local jurisdiction enforcement
6281 body shall inform the disciplined contractor and the complainant
6282 of the local license penalty imposed, the department board
6283 penalty recommended, his or her rights to appeal, and the
6284 consequences should he or she decide not to appeal. The local
6285 jurisdiction enforcement body shall, upon having reached
6286 adjudication or having accepted a plea of nolo contendere,
6287 immediately inform the department board of its action and the
6288 recommended department board penalty.
6289 (d) The department, the disciplined contractor, or the
6290 complainant may challenge the local jurisdiction enforcement
6291 body's recommended penalty for department board action to the
6292 department Construction Industry Licensing Board. A challenge
6293 shall be filed within 60 days after the issuance of the
6294 recommended penalty to the department board. If challenged,
6295 there is a presumptive finding of probable cause and the case
6296 may proceed without the need for a probable cause hearing.
6297 (e) Failure of the department, the disciplined contractor,
6298 or the complainant to challenge the local jurisdiction's
6299 recommended penalty within the time period set forth in this
6300 subsection shall constitute a waiver of the right to a hearing
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6301 before the department board. A waiver of the right to a hearing
6302 before the department board shall be deemed an admission of the
6303 violation, and the penalty recommended shall become a final
6304 order according to procedures developed by department board rule
6305 without further department board action. The disciplined
6306 contractor may appeal this department board action to the
6307 district court.
6308 (f)1. The department may investigate any complaint which
6309 is made with the department. However, the department may not
6310 initiate or pursue any complaint against a registered contractor
6311 who is not also a certified contractor where a local
6312 jurisdiction enforcement body has jurisdiction over the
6313 complaint, unless summary procedures are initiated by the
6314 department secretary pursuant to s. 455.225(8), or unless the
6315 local jurisdiction enforcement body has failed to investigate
6316 and prosecute a complaint, or make a finding of no violation,
6317 within 6 months of receiving the complaint. The department shall
6318 refer the complaint to the local jurisdiction enforcement body
6319 for investigation, and if appropriate, prosecution. However, the
6320 department may investigate such complaints to the extent
6321 necessary to determine whether summary procedures should be
6322 initiated.
6323 2. Upon a recommendation by the department, the department
6324 board may make conditional, suspend, or rescind its
6325 determination of the adequacy of the local government
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6326 enforcement body's disciplinary procedures granted under s.
6327 489.117(2).
6328 (10) No municipal or county government may issue any
6329 certificate of competency or license for any contractor defined
6330 in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o) after July 1, 1993,
6331 unless such local government exercises disciplinary control and
6332 oversight over such locally licensed contractors, including
6333 forwarding a recommended order in each action to the department
6334 board as provided in subsection (7). Each local board that
6335 licenses and disciplines contractors must have at least two
6336 consumer representatives on that board. If the local board has
6337 seven or more members, at least three of those members must be
6338 consumer representatives. The consumer representative may be any
6339 resident of the local jurisdiction who is not, and has never
6340 been, a contractor member or practitioner of a profession
6341 regulated by the board or a member of any closely related
6342 profession.
6343 (11) Any municipal or county government which enters or
6344 has in place a reciprocal agreement which accepts a certificate
6345 of competency or license issued by another municipal or county
6346 government in lieu of its own certificate of competency or
6347 license allowing contractors defined in s. 489.105(2)(a)-(o) s.
6348 489.105(3)(a)-(o), shall file a certified copy of such agreement
6349 with the department board not later than 60 days after July 1,
6350 1993, or 30 days after the effective date of such agreement.
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6351 (12) Unless specifically provided, the provisions of this
6352 part does shall not be construed to create a civil cause of
6353 action.
6354 Section 195. Subsection (5) of section 489.132, Florida
6355 Statutes, is amended to read:
6356 489.132 Prohibited acts by unlicensed principals;
6357 investigation; hearing; penalties.—
6358 (5) The department may suspend, revoke, or deny issuance
6359 or renewal of a certificate or registration for any individual
6360 or business organization that associates a person as an officer,
6361 director, or partner, or in a managerial or supervisory
6362 capacity, after such person has been found under a final order
6363 to have violated this section or was an officer, director,
6364 partner, trustee, or manager of a business organization
6365 disciplined by the department board by revocation, suspension,
6366 or fine in excess of $2,500, upon finding reasonable cause that
6367 such person knew or reasonably should have known of the conduct
6368 leading to the discipline.
6369 Section 196. Subsections (2) and (4) of section 489.133,
6370 Florida Statutes, are amended to read:
6371 489.133 Pollutant storage systems specialty contractors;
6372 definitions; certification; restrictions.—
6373 (2) The department board shall adopt rules providing
6374 standards for registration of precision tank testers who
6375 precision test a pollutant storage tank. The Department of
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6376 Environmental Protection shall approve the methodology,
6377 procedures, and equipment used and shall approve the applicant
6378 as being eligible for registration as a registered precision
6379 tank tester. A registered precision tank tester is subject to
6380 the provisions of ss. 489.129 and 489.132 and is considered a
6381 contractor operating as a primary qualifying agent for the
6382 business entity employing him or her, which is considered a
6383 contracting firm for the purposes of ss. 489.129 and 489.132. A
6384 person who registers under this subsection is exempt from
6385 municipal, county, or development district registration under s.
6386 489.117 and may operate as a precision tank tester statewide.
6387 (4) The department board shall adopt rules providing
6388 standards for certification of pollutant storage systems
6389 specialty contractors, including persons who remove such
6390 systems. The department board shall provide the proposed rules
6391 to the Department of Environmental Protection for review and
6392 comment before prior to adoption. The rules shall include, but
6393 not be limited to:
6394 (a) Standards for operating as a pollutant storage systems
6395 specialty contractor.
6396 (b) Requirements for certification as a pollutant storage
6397 systems specialty contractor.
6398 (c) Requirements for certification without examination of
6399 pollutant storage systems specialty contractors for any person
6400 who has passed a local licensure examination, a licensure
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6401 examination in another state, or a licensure examination of a
6402 national organization, which is at least as stringent as the
6403 examination adopted by the department board.
6404 Section 197. Subsections (1) and (2) of section 489.1401,
6405 Florida Statutes, are amended to read:
6406 489.1401 Legislative intent.—
6407 (1) It is the intent of the Legislature that actions taken
6408 by the department Construction Industry Licensing Board with
6409 respect to contractor sanctions and pursuant to this chapter are
6410 an exercise of the department's regulatory power for the
6411 protection of public safety and welfare.
6412 (2) It is the intent of the Legislature that the sole
6413 purpose of the Florida Homeowners' Construction Recovery Fund is
6414 to compensate an aggrieved claimant who contracted for the
6415 construction or improvement of the homeowner's residence located
6416 within this state and who has obtained a final judgment in a
6417 court of competent jurisdiction, was awarded restitution by the
6418 department Construction Industry Licensing Board, or received an
6419 award in arbitration against a licensee on grounds of financial
6420 mismanagement or misconduct, abandoning a construction project,
6421 or making a false statement with respect to a project. Such
6422 grievance must arise directly out of a transaction conducted
6423 when the judgment debtor was licensed and must involve an act
6424 enumerated in s. 489.129(1)(g), (j), or (k).
6425 Section 198. Paragraphs (c) through (l) of subsection (1)
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6426 of section 489.1402, Florida Statutes, are redesignated as
6427 paragraphs (b) through (k), respectively, and paragraph (b) and
6428 present paragraph (d) of that subsection are amended, to read:
6429 489.1402 Homeowners' Construction Recovery Fund;
6430 definitions.—
6431 (1) The following definitions apply to ss. 489.140-
6432 489.144:
6433 (b) "Board" means the Construction Industry Licensing
6434 Board.
6435 (c)(d) "Contractor" means a Division I or Division II
6436 contractor performing his or her respective services described
6437 in s. 489.105(2) s. 489.105(3).
6438 Section 199. Paragraphs (a), (e), (f), and (g) of
6439 subsection (1), paragraph (f) of subsection (2), and subsection
6440 (3) of section 489.141, Florida Statutes, are amended to read:
6441 489.141 Conditions for recovery; eligibility.—
6442 (1) A claimant is eligible to seek recovery from the
6443 recovery fund after making a claim and exhausting the limits of
6444 any available bond, cash bond, surety, guarantee, warranty,
6445 letter of credit, or policy of insurance if each of the
6446 following conditions is satisfied:
6447 (a) The claimant has received a final judgment in a court
6448 of competent jurisdiction in this state or has received an award
6449 in arbitration or the department Construction Industry Licensing
6450 Board has issued a final order directing the licensee to pay
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6451 restitution to the claimant. The department board may waive this
6452 requirement if:
6453 1. The claimant is unable to secure a final judgment
6454 against the licensee due to the death of the licensee; or
6455 2. The claimant has sought to have assets involving the
6456 transaction that gave rise to the claim removed from the
6457 bankruptcy proceedings so that the matter might be heard in a
6458 court of competent jurisdiction in this state and, after due
6459 diligence, the claimant is precluded by action of the bankruptcy
6460 court from securing a final judgment against the licensee.
6461 (e) The contract was executed and the violation occurred
6462 on or after July 1, 1993, and provided that:
6463 1. The claimant has caused to be issued a writ of
6464 execution upon such judgment, and the officer executing the writ
6465 has made a return showing that no personal or real property of
6466 the judgment debtor or licensee liable to be levied upon in
6467 satisfaction of the judgment can be found or that the amount
6468 realized on the sale of the judgment debtor's or licensee's
6469 property pursuant to such execution was insufficient to satisfy
6470 the judgment;
6471 2. If the claimant is unable to comply with subparagraph
6472 1. for a valid reason to be determined by the department board,
6473 the claimant has made all reasonable searches and inquiries to
6474 ascertain whether the judgment debtor or licensee is possessed
6475 of real or personal property or other assets subject to being
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6476 sold or applied in satisfaction of the judgment and by his or
6477 her search has discovered no property or assets or has
6478 discovered property and assets and has taken all necessary
6479 action and proceedings for the application thereof to the
6480 judgment but the amount thereby realized was insufficient to
6481 satisfy the judgment; and
6482 3. The claimant has made a diligent attempt, as defined by
6483 department board rule, to collect the restitution awarded by the
6484 department board.
6485 (f) A claim for recovery is made within 1 year after the
6486 conclusion of any civil, criminal, or administrative action or
6487 award in arbitration based on the act. This paragraph applies to
6488 any claim filed with the department board after October 1, 1998.
6489 (g) Any amounts recovered by the claimant from the
6490 judgment debtor or licensee, or from any other source, have been
6491 applied to the damages awarded by the court or the amount of
6492 restitution ordered by the department board.
6493 (2) A claimant is not qualified to make a claim for
6494 recovery from the recovery fund if:
6495 (f) The claimant had entered into a contract with a
6496 licensee to perform a scope of work described in s.
6497 489.105(2)(d)-(q) s. 489.105(3)(d)-(q) before July 1, 2016.
6498 (3) The department board may determine by rule
6499 documentation that is required to complete a claim.
6500 Section 200. Section 489.142, Florida Statutes, is amended
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6501 to read:
6502 489.142 Department Board powers relating to recovery;
6503 conduct of hearings and service.—
6504 (1) With respect to actions for recovery from the recovery
6505 fund, the department board may intervene, enter an appearance,
6506 file an answer, defend the action, or take any action it deems
6507 appropriate and may take recourse through any appropriate method
6508 of review on behalf of the State of Florida. The department
6509 board may delegate to the department by rule the authority to
6510 close any case when a claimant is not qualified to make a claim
6511 for recovery from the recovery fund under s. 489.141(2); when
6512 after notice the claimant has failed to provide documentation in
6513 support of the claim as required by the department board; or
6514 when the licensee has reached the aggregate limit.
6515 (2) Notwithstanding any other provision of law, the
6516 department board shall cause a notice of hearing to be served 14
6517 days in advance of the hearing on the claimant and on the
6518 licensee whose license is subject to suspension by s. 489.143.
6519 Each notice shall inform the recipient of any administrative
6520 hearing or judicial review that is available under s. 120.569,
6521 s. 120.57, or s. 120.68; shall indicate the procedure that must
6522 be followed to obtain the hearing or judicial review; and shall
6523 state the time limits that apply. Service of the notice on the
6524 licensee shall be made in accordance with s. 455.275. Service of
6525 the notice on the claimant shall be by regular United States
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6526 mail at the address provided on the claim. The service of notice
6527 in accordance with this section is complete upon expiration of
6528 14 days after deposit in the United States mail. Proof of
6529 service of a notice shall be made by entry in the records of the
6530 department that the notice was given. The entry shall be
6531 admissible in judicial and administrative proceedings of this
6532 state and shall constitute sufficient proof that notice was
6533 given.
6534 (3) Notwithstanding any other provision of law, department
6535 board hearings on claims shall be conducted in accordance with
6536 ss. 120.569 and 120.57(2). All claim hearings shall be conducted
6537 at the department's board's regular meeting at the place, date,
6538 and time published. Orders of the department board denying or
6539 awarding funds to a claimant constitute final orders that may be
6540 appealed in accordance with s. 120.68. Orders awarding or
6541 denying claims shall be served in the same manner as notices of
6542 hearing in this section.
6543 Section 201. Section 489.1425, Florida Statutes, is
6544 amended to read:
6545 489.1425 Duty of contractor to notify residential property
6546 owner of recovery fund.—
6547 (1) Each agreement or contract for repair, restoration,
6548 improvement, or construction to residential real property must
6549 contain a written statement explaining the consumer's rights
6550 under the recovery fund, except where the value of all labor and
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6551 materials does not exceed $2,500. The written statement must be
6552 substantially in the following form:
6553 FLORIDA HOMEOWNERS' CONSTRUCTION
6554 RECOVERY FUND
6555 PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
6556 FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY
6557 ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
6558 FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
6559 CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A
6560 CLAIM, CONTACT THE FLORIDA DEPARTMENT OF BUSINESS AND
6561 PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD AT
6562 THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
6563 The statement must shall be immediately followed by the
6564 department's board's address and telephone number as established
6565 by department board rule.
6566 (2)(a) Upon finding a first violation of subsection (1),
6567 the department board may fine the contractor up to $500, and the
6568 moneys must be deposited into the recovery fund.
6569 (b) Upon finding a second or subsequent violation of
6570 subsection (1), the department board shall fine the contractor
6571 $1,000 per violation, and the moneys must be deposited into the
6572 recovery fund.
6573 Section 202. Subsections (1), (2), (4), and (6) of section
6574 489.143, Florida Statutes, are amended to read:
6575 489.143 Payment from the fund.—
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6576 (1) The fund shall be disbursed as provided in s. 489.141
6577 on a final order of the department board.
6578 (2) A claimant who meets all of the conditions prescribed
6579 in s. 489.141 may apply to the department board to cause payment
6580 to be made to a claimant from the recovery fund in an amount
6581 equal to the judgment, award, or restitution order or $25,000,
6582 whichever is less, or an amount equal to the unsatisfied portion
6583 of such person's judgment, award, or restitution order, but only
6584 to the extent and amount of actual damages suffered by the
6585 claimant, and only up to the maximum payment allowed for each
6586 respective Division I and Division II claim. Payment from the
6587 fund for other costs related to or pursuant to civil proceedings
6588 such as postjudgment interest, attorney fees, court costs,
6589 medical damages, and punitive damages is prohibited. The
6590 recovery fund is not obligated to pay a judgment, an award, or a
6591 restitution order, or any portion thereof, which is not
6592 expressly based on one of the grounds for recovery set forth in
6593 s. 489.141.
6594 (4) Upon receipt by a claimant under subsection (2) of
6595 payment from the recovery fund, the claimant shall assign his or
6596 her additional right, title, and interest in the judgment,
6597 award, or restitution order, to the extent of such payment, to
6598 the department board, and thereupon the department board shall
6599 be subrogated to the right, title, and interest of the claimant;
6600 and any amount subsequently recovered on the judgment, award, or
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6601 restitution order, to the extent of the right, title, and
6602 interest of the department board therein, shall be for the
6603 purpose of reimbursing the recovery fund.
6604 (6) For contracts entered into before July 1, 2004,
6605 payments for claims against any one licensee may not exceed, in
6606 the aggregate, $100,000 annually, up to a total aggregate of
6607 $250,000. For any claim approved by the department board which
6608 is in excess of the annual cap, the amount in excess of $100,000
6609 up to the total aggregate cap of $250,000 is eligible for
6610 payment in the next and succeeding fiscal years, but only after
6611 all claims for the then-current calendar year have been paid.
6612 Payments may not exceed the aggregate annual or per claimant
6613 limits under law. Beginning January 1, 2005, for each Division I
6614 contract entered into after July 1, 2004, payment from the
6615 recovery fund is subject only to a total aggregate cap of
6616 $500,000 for each Division I licensee. Beginning January 1,
6617 2017, for each Division II contract entered into on or after
6618 July 1, 2016, payment from the recovery fund is subject only to
6619 a total aggregate cap of $150,000 for each Division II licensee.
6620 Beginning January 1, 2025, for Division I and Division II
6621 contracts entered into on or after July 1, 2024, payment from
6622 the recovery fund is subject only to a total aggregate cap of $2
6623 million for each Division I licensee and $600,000 for each
6624 Division II licensee.
6625 Section 203. Paragraph (a) of subsection (1) of section
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6626 489.1455, Florida Statutes, is amended to read:
6627 489.1455 Journeyman; reciprocity; standards.—
6628 (1) Counties and municipalities are authorized to issue
6629 journeyman licenses in the plumbing, pipe fitting, mechanical,
6630 or HVAC trades to an individual who:
6631 (a) Has scored at least 70 percent, or after October 1,
6632 1997, at least 75 percent, on a proctored journeyman Block and
6633 Associates examination or other proctored examination approved
6634 by the department board for the trade in which he or she is
6635 licensed;
6636 Section 204. Section 489.146, Florida Statutes, is amended
6637 to read:
6638 489.146 Privatization of services.—Notwithstanding any
6639 other provision of this part relating to the review of licensure
6640 applications, issuance of licenses and renewals, collection of
6641 revenues, fees, and fines, service of documents, publications,
6642 and printing, and other ministerial functions of the department
6643 relating to the regulation of contractors, the department shall
6644 make all reasonable efforts to contract with one or more private
6645 entities for provision of such services, when such services can
6646 be provided in a more efficient manner by private entities. The
6647 department or the department board shall retain final authority
6648 for licensure decisions and rulemaking, including all appeals or
6649 other legal action resulting from such licensure decisions or
6650 rulemaking.
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6651 Section 205. Subsections (4) through (29) of section
6652 489.505, Florida Statutes, are renumbered as subsections (3)
6653 through (28), respectively, and subsection (3) and present
6654 subsections (14), (15), (19), and (23) of that section are
6655 amended to read:
6656 489.505 Definitions.—As used in this part:
6657 (3) "Board," except "local board," means the Electrical
6658 Contractors' Licensing Board created by this part.
6659 (13)(14) "Primary qualifying agent" means a person who
6660 possesses the requisite skill, knowledge, and experience, and
6661 has the responsibility, to supervise, direct, manage, and
6662 control the electrical or alarm system contracting activities of
6663 the business organization with which he or she is connected; and
6664 whose technical and personal qualifications have been determined
6665 by investigation and examination as provided in this part by the
6666 department, as attested to by the department board; and who has
6667 been issued a certificate of competency by the department.
6668 (14)(15) "Secondary qualifying agent" means a person who
6669 possesses the requisite skill, knowledge, and experience, and
6670 has the responsibility to supervise, direct, manage, and control
6671 the electrical or alarm system contracting activities on a job
6672 for which he or she has obtained a permit; and whose technical
6673 and personal qualifications have been determined by
6674 investigation and examination as provided in this part by the
6675 department, as attested to by the department board; and who has
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6676 been issued a certificate of competency by the department.
6677 (18)(19) "Specialty contractor" means a contractor whose
6678 scope of practice is limited to a specific segment of electrical
6679 or alarm system contracting established in a category adopted by
6680 department board rule, including, but not limited to,
6681 residential electrical contracting, maintenance of electrical
6682 fixtures, and fabrication, erection, installation, and
6683 maintenance of electrical and nonelectrical advertising signs
6684 together with the interrelated parts and supports thereof.
6685 (22)(23) "Registered residential alarm system contractor"
6686 means an alarm system contractor whose business is limited to
6687 burglar alarm systems in single-family residential, quadruplex
6688 housing, and mobile homes of a residential occupancy class and
6689 who is registered with the department pursuant to s. 489.513.
6690 The department board shall define "residential occupancy class"
6691 by rule. A registered residential alarm system contractor may
6692 contract only in the jurisdiction for which his or her
6693 registration is issued.
6694 Section 206. Subsection (1) of section 489.509, Florida
6695 Statutes, is amended to read:
6696 489.509 Fees.—
6697 (1) The department board, by rule, shall establish fees to
6698 be paid for applications, examination, reexamination, transfers,
6699 licensing and renewal, reinstatement, and recordmaking and
6700 recordkeeping. The examination fee shall be in an amount that
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6701 covers the cost of obtaining and administering the examination
6702 and shall be refunded if the applicant is found ineligible to
6703 sit for the examination. The application fee is nonrefundable.
6704 The fee for initial application and examination for
6705 certification of electrical contractors may not exceed $400. The
6706 initial application fee for registration may not exceed $150.
6707 The biennial renewal fee may not exceed $400 for
6708 certificateholders and $200 for registrants. The fee for initial
6709 application and examination for certification of alarm system
6710 contractors may not exceed $400. The biennial renewal fee for
6711 certified alarm system contractors may not exceed $450. The
6712 department board may establish a fee for a temporary certificate
6713 as an alarm system contractor not to exceed $75. The department
6714 board may also establish by rule a delinquency fee not to exceed
6715 $50. The fee to transfer a certificate or registration from one
6716 business organization to another may not exceed $200. The fee
6717 for reactivation of an inactive license may not exceed $50. The
6718 department board shall establish fees that are adequate to
6719 ensure the continued operation of the department board. Fees
6720 shall be based on department estimates of the revenue required
6721 to implement this part and the provisions of law with respect to
6722 the regulation of electrical contractors and alarm system
6723 contractors.
6724 Section 207. Section 489.510, Florida Statutes, is amended
6725 to read:
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6726 489.510 Evidence of workers' compensation coverage.—Except
6727 as provided in s. 489.515(3)(b), any person, business
6728 organization, or qualifying agent engaged in the business of
6729 contracting in this state and certified or registered under this
6730 part shall, as a condition precedent to the issuance or renewal
6731 of a certificate or registration of the contractor, provide to
6732 the department Electrical Contractors' Licensing Board, as
6733 provided by department board rule, evidence of workers'
6734 compensation coverage pursuant to chapter 440. In the event that
6735 the Division of Workers' Compensation of the Department of
6736 Financial Services receives notice of the cancellation of a
6737 policy of workers' compensation insurance insuring a person or
6738 entity governed by this section, the Division of Workers'
6739 Compensation shall certify and identify all persons or entities
6740 by certification or registration license number to the
6741 department after verification is made by the Division of
6742 Workers' Compensation that persons or entities governed by this
6743 section are no longer covered by workers' compensation
6744 insurance. Such certification and verification by the Division
6745 of Workers' Compensation may result from records furnished to
6746 the Division of Workers' Compensation by the persons or entities
6747 governed by this section or an investigation completed by the
6748 Division of Workers' Compensation. The department shall notify
6749 the persons or entities governed by this section who have been
6750 determined to be in noncompliance with chapter 440, and the
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6751 persons or entities notified shall provide certification of
6752 compliance with chapter 440 to the department and pay an
6753 administrative fine in the amount of $500. The failure to
6754 maintain workers' compensation coverage as required by law shall
6755 be grounds for the department board to revoke, suspend, or deny
6756 the issuance or renewal of a certificate or registration of the
6757 contractor under the provisions of s. 489.533.
6758 Section 208. Paragraph (b) of subsection (1) and
6759 subsections (2) through (5) of section 489.511, Florida
6760 Statutes, are amended to read:
6761 489.511 Certification; application; examinations;
6762 endorsement.—
6763 (1)
6764 (b) Any person desiring to be certified as a contractor
6765 shall apply to the department in writing and must meet the
6766 following criteria:
6767 1. Be of good moral character;
6768 2. Pass the certification examination, achieving a passing
6769 grade as established by department board rule; and
6770 3. Meet eligibility requirements according to one of the
6771 following criteria:
6772 a. Has, within the 6 years immediately preceding the
6773 filing of the application, at least 3 years of proven management
6774 experience in the trade or education equivalent thereto, or a
6775 combination thereof, but not more than one-half of such
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6776 experience may be educational equivalent;
6777 b. Has, within the 8 years immediately preceding the
6778 filing of the application, at least 4 years of experience as a
6779 supervisor or contractor in the trade for which he or she is
6780 making application, or at least 4 years of experience as a
6781 supervisor in electrical or alarm system work with the United
6782 States Armed Forces;
6783 c. Has, within the 12 years immediately preceding the
6784 filing of the application, at least 6 years of comprehensive
6785 training, technical education, or supervisory experience
6786 associated with an electrical or alarm system contracting
6787 business, or at least 6 years of technical experience,
6788 education, or training in electrical or alarm system work with
6789 the United States Armed Forces or a governmental entity;
6790 d. Has, within the 12 years immediately preceding the
6791 filing of the application, been licensed for 3 years as a
6792 professional engineer who is qualified by education, training,
6793 or experience to practice electrical engineering; or
6794 e. Has any combination of qualifications under sub-
6795 subparagraphs a.-c. totaling 6 years of experience.
6796 (2) The department board may determine by rule the number
6797 of times per year the applicant may take the examination and
6798 after three unsuccessful attempts may require the applicant to
6799 complete additional college-level or technical education courses
6800 in the areas of deficiency, as determined by the department
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6801 board, as a condition of future eligibility to take the
6802 examination.
6803 (3)(a) "Good moral character" means a personal history of
6804 honesty, fairness, and respect for the rights of others and for
6805 laws of this state and nation.
6806 (b) The department board may determine that an individual
6807 applying for certification is ineligible for failure to satisfy
6808 the requirement of good moral character only if:
6809 1. There is a substantial connection between the lack of
6810 good moral character of the individual and the professional
6811 responsibilities of a certified contractor; and
6812 2. The finding by the department board of lack of good
6813 moral character is supported by clear and convincing evidence.
6814 (c) When an individual is found to be unqualified for
6815 certification because of a lack of good moral character, the
6816 department board shall furnish such individual a statement
6817 containing the findings of the department board, a complete
6818 record of the evidence upon which the determination was based,
6819 and a notice of the rights of the individual to a rehearing and
6820 appeal.
6821 (4) The department board shall, by rule, designate those
6822 types of specialty electrical or alarm system contractors who
6823 may be certified under this part. The limit of the scope of work
6824 and responsibility of a certified specialty contractor shall be
6825 established by department board rule. A certified specialty
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6826 contractor category exists as an optional statewide licensing
6827 category. Qualification for certification in a specialty
6828 category created by rule shall be the same as set forth in
6829 paragraph (1)(b). The existence of a specialty category created
6830 by rule does not itself create any licensing requirement;
6831 however, neither does its optional nature remove any licensure
6832 requirement established elsewhere in this part.
6833 (5) The department board shall certify as qualified for
6834 certification by endorsement any individual applying for
6835 certification who:
6836 (a) Meets the requirements for certification as set forth
6837 in this section; has passed a national, regional, state, or
6838 United States territorial licensing examination that is
6839 substantially equivalent to the examination required by this
6840 part; and has satisfied the requirements set forth in s.
6841 489.521;
6842 (b) Holds a valid license to practice electrical or alarm
6843 system contracting issued by another state or territory of the
6844 United States, if the criteria for issuance of such license were
6845 substantially equivalent to the certification criteria that
6846 existed in this state at the time the certificate was issued; or
6847 (c) Has held a valid, current license to practice
6848 electrical or alarm system contracting issued by another state
6849 or territory of the United States for at least 10 years before
6850 the date of application and is applying for the same or similar
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6851 license in this state, subject to ss. 489.510 and 489.521(3)(a)
6852 and subparagraph (1)(b)1. Such application must be made either
6853 when the license in another state or territory is active or
6854 within 2 years after such license was last active. Electrical
6855 contractors and alarm system contractors must complete a 2-hour
6856 course on the Florida Building Code. The required courses may be
6857 completed online.
6858 Section 209. Paragraph (c) of subsection (1) and
6859 subsections (3) and (6) of section 489.513, Florida Statutes,
6860 are amended to read:
6861 489.513 Registration; application; requirements.—
6862 (1) Any person engaged in the business of contracting in
6863 the state shall be registered in the proper classification
6864 unless he or she is certified. Any person desiring to be a
6865 registered contractor shall apply to the department for
6866 registration and must:
6867 (c) Meet eligibility requirements according to the
6868 following criteria:
6869 1. As used in this subsection, the term "good moral
6870 character" means a personal history of honesty, fairness, and
6871 respect for the rights of others and for state and federal law.
6872 2. The department board may determine that an individual
6873 applying for registration is ineligible due to failure to
6874 satisfy the requirement of good moral character only if:
6875 a. There is a substantial connection between the lack of
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6876 good moral character of the individual and the professional
6877 responsibilities of a registered contractor; and
6878 b. The finding by the department board of lack of good
6879 moral character is supported by clear and convincing evidence.
6880 3. When an individual is found to be unqualified because
6881 of lack of good moral character, the department board must
6882 furnish such individual a statement containing the findings of
6883 the department board, a complete record of evidence upon which
6884 the determination was based, and a notice of the rights of the
6885 individual to a rehearing and an appeal.
6886 (3) To be registered as an electrical contractor, an alarm
6887 system contractor I, an alarm system contractor II, or a
6888 residential alarm system contractor, the applicant shall file
6889 evidence of holding a current certificate of competency issued
6890 by any municipality or county of the state for the type of work
6891 for which registration is desired, on a form provided by the
6892 department, together with evidence of having passed an
6893 appropriate local examination, written or oral, designed to test
6894 skills and knowledge relevant to the technical performance of
6895 the profession, accompanied by the registration fee fixed
6896 pursuant to this part. For any person working or wishing to work
6897 in any local jurisdiction that does not require an examination
6898 for its license, the applicant may apply and shall be considered
6899 qualified to be issued a registration in the appropriate
6900 electrical or alarm system category, provided that he or she
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6901 shows that he or she has scored at least 75 percent on an
6902 examination which is substantially equivalent to the examination
6903 approved by the department board for certification in the
6904 category and that he or she has had at least 3 years' technical
6905 experience in the trade. The requirement to take and pass an
6906 examination in order to obtain a registration does shall not
6907 apply to persons making application before prior to the
6908 effective date of this act.
6909 (6) The local jurisdictions are responsible for providing
6910 the following information to the department board within 30 days
6911 after licensure of, or any disciplinary action against, a
6912 locally licensed contractor who is registered under this part:
6913 (a) Licensure information.
6914 (b) Code violation information pursuant to s. 553.781.
6915 (c) Disciplinary information.
6916
6917 The department board shall maintain such licensure and
6918 disciplinary information as it is provided to the department
6919 board and shall make the information available through the
6920 automated information system provided pursuant to s. 455.2286.
6921 Section 210. Section 489.514, Florida Statutes, is amended
6922 to read:
6923 489.514 Certification for registered contractors;
6924 grandfathering provisions.—
6925 (1) The department board shall, upon receipt of a
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6926 completed application, appropriate fee, and proof of compliance
6927 with the provisions of this section, issue:
6928 (a) To an applying registered electrical contractor, a
6929 certificate as an electrical contractor, as defined in s.
6930 489.505(12);
6931 (b) To an applying registered alarm system contractor, a
6932 certificate in the matching alarm system contractor category, as
6933 defined in s. 489.505(2)(a) or (b); or
6934 (c) To an applying registered electrical specialty
6935 contractor, a certificate in the matching electrical specialty
6936 contractor category, as defined in s. 489.505(19).
6937 (2) Any contractor registered under this part who makes
6938 application under this section to the department board shall
6939 meet each of the following requirements for certification:
6940 (a) Currently holds a valid registered local license in
6941 the category of electrical contractor, alarm system contractor,
6942 or electrical specialty contractor.
6943 (b) Has, for that category, passed a written, proctored
6944 examination that the department board finds to be substantially
6945 similar to the examination required to be licensed as a
6946 certified contractor under this part. For purposes of this
6947 subsection, a written, proctored examination such as that
6948 produced by the National Assessment Institute, Block and
6949 Associates, NAI/Block, Experior Assessments, Professional
6950 Testing, Inc., or Assessment Systems, Inc., shall be considered
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6951 to be substantially similar to the examination required to be
6952 licensed as a certified contractor. The department board may not
6953 impose or make any requirements regarding the nature or content
6954 of these cited examinations.
6955 (c) Has at least 5 years of experience as a contractor in
6956 that contracting category, or as an inspector or building
6957 administrator with oversight over that category, at the time of
6958 application. For contractors, only time periods in which the
6959 contractor license is active and the contractor is not on
6960 probation shall count toward the 5 years required under this
6961 subsection.
6962 (d) Has not had his or her contractor's license revoked at
6963 any time, had his or her contractor's license suspended in the
6964 last 5 years, or been assessed a fine in excess of $500 in the
6965 last 5 years.
6966 (e) Is in compliance with the insurance and financial
6967 responsibility requirements in s. 489.515(1)(b).
6968 Section 211. Section 489.515, Florida Statutes, is amended
6969 to read:
6970 489.515 Issuance of certificates; registrations.—
6971 (1)(a) The department shall issue a certificate to a
6972 person who the department board certifies is qualified to become
6973 a certified contractor.
6974 (b) The department board shall certify as qualified for
6975 certification any person who satisfies the requirements of s.
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6976 489.511 and who submits satisfactory evidence that he or she has
6977 obtained both workers' compensation insurance or an acceptable
6978 exemption certificate issued by the department and public
6979 liability and property damage insurance for the health, safety,
6980 and welfare of the public in amounts determined by rule of the
6981 department board, and furnishes evidence of financial
6982 responsibility, credit, and business reputation of either
6983 himself or herself or the business organization he or she
6984 desires to qualify.
6985 (c) Upon compliance with the provisions of this section
6986 and payment of the certification fee, the department shall issue
6987 the person a certificate.
6988 (2) The department shall issue a registration to a person
6989 who is in compliance with the provisions of s. 489.513 and who
6990 the department board certifies is qualified to be registered.
6991 (3)(a) As a prerequisite to the initial issuance or the
6992 renewal of a certificate or registration, the applicant shall
6993 submit an affidavit on a form provided by the department board
6994 attesting to the fact that the applicant has obtained both
6995 workers' compensation insurance or an acceptable exemption
6996 certificate issued by the department and public liability and
6997 property damage insurance for the health, safety, and welfare of
6998 the public in amounts determined by rule of the department
6999 board. The department board shall by rule establish a procedure
7000 to verify the accuracy of such affidavits based upon a random
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7001 audit method.
7002 (b) An applicant for initial issuance of a certificate or
7003 registration shall submit as a prerequisite to qualifying for an
7004 exemption from workers' compensation coverage requirements under
7005 s. 440.05 an affidavit attesting to the fact that the applicant
7006 will obtain an exemption within 30 days after the date the
7007 initial certificate or registration is issued by the department
7008 board.
7009 (4) The department board may refuse to certify any
7010 applicant who has violated any of the provisions of s. 489.533.
7011 (5) A certificate or registration is not transferable.
7012 Section 212. Subsection (4) of section 489.516, Florida
7013 Statutes, is amended to read:
7014 489.516 Qualifications to practice; restrictions;
7015 prerequisites.—
7016 (4) A county or municipality may suspend or deny a locally
7017 issued permit when the local building official, tax collector,
7018 or other authorized person determines that the contractor has
7019 failed to obtain both workers' compensation insurance or an
7020 acceptable exemption certificate issued by the department and
7021 public liability and property damage insurance in the amounts
7022 determined by rule of the department board.
7023 Section 213. Section 489.5161, Florida Statutes, is
7024 amended to read:
7025 489.5161 Credit for relevant military training and
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7026 education.—
7027 (1) The department shall provide a method by which
7028 honorably discharged veterans may apply for licensure. The
7029 method must include a veteran-specific application and provide,
7030 to the fullest extent possible, credit toward the requirements
7031 for licensure for military experience, training, and education
7032 received and completed during service in the United States Armed
7033 Forces if the military experience, training, or education is
7034 substantially similar to the experience, training, or education
7035 required for licensure. The department board may adopt rules
7036 pursuant to ss. 120.536(1) and 120.54 to implement this
7037 subsection.
7038 (2) Notwithstanding any other provision of law, beginning
7039 October 1, 2017, and annually thereafter, the department, in
7040 conjunction with the board, is directed to prepare and submit a
7041 report titled "Construction and Electrical Contracting Veteran
7042 Applicant Statistics" to the Governor, the President of the
7043 Senate, and the Speaker of the House of Representatives. The
7044 report shall include statistics and information relating to this
7045 section and s. 489.1131 which detail:
7046 (a) The number of applicants who identified themselves as
7047 veterans.
7048 (b) The number of veterans whose application for a license
7049 was approved.
7050 (c) The number of veterans whose application for a license
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7051 was denied, including data on the reasons for denial.
7052 (d) Data on the application processing times for veterans.
7053 (e) Recommendations on ways to improve the department's
7054 ability to meet the needs of veterans which would effectively
7055 address the challenges that veterans face when separating from
7056 military service and seeking a license regulated by the
7057 department pursuant to this part.
7058 Section 214. Subsections (4), (5), and (6) of section
7059 489.517, Florida Statutes, are renumbered as subsections (3),
7060 (4), and (5), respectively, and present subsections (3), (5),
7061 and (6) of that section are amended to read:
7062 489.517 Renewal of certificate or registration; continuing
7063 education.—
7064 (3)(a) Each certificateholder or registrant licensed as a
7065 specialty contractor or an alarm system contractor shall provide
7066 proof, in a form established by rule of the board, that the
7067 certificateholder or registrant has completed at least 7
7068 classroom hours of at least 50 minutes each of continuing
7069 education courses during each biennium since the issuance or
7070 renewal of the certificate or registration. The board shall by
7071 rule establish criteria for the approval of continuing education
7072 courses and providers and may by rule establish criteria for
7073 accepting alternative nonclassroom continuing education on an
7074 hour-for-hour basis.
7075 (b) Each certificateholder or registrant licensed as an
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7076 electrical contractor shall provide proof, in a form established
7077 by rule of the board, that the certificateholder or registrant
7078 has completed at least 11 classroom hours of at least 50 minutes
7079 each of continuing education courses during each biennium since
7080 the issuance or renewal of the certificate or registration. The
7081 board shall by rule establish criteria for the approval of
7082 continuing education courses and providers and may by rule
7083 establish criteria for accepting alternative nonclassroom
7084 continuing education on an hour-for-hour basis.
7085 (4)(5) By applying for renewal, each certificateholder or
7086 registrant certifies that he or she has continually maintained
7087 the required amounts of public liability and property damage
7088 insurance as specified by department board rule. The department
7089 board shall establish by rule a procedure to verify the public
7090 liability and property damage insurance for a specified period,
7091 based upon a random sampling method.
7092 (6) The board shall require, by rule adopted pursuant to
7093 ss. 120.536(1) and 120.54, a specialized number of hours in
7094 specialized or advanced module courses, approved by the Florida
7095 Building Commission, on any portion of the Florida Building
7096 Code, adopted pursuant to part IV of chapter 553, relating to
7097 the contractor's respective discipline.
7098 Section 215. Subsection (6) of section 489.518, Florida
7099 Statutes, is renumbered as subsection (5), and paragraph (b) of
7100 subsection (1), paragraphs (b) and (d) of subsection (4), and
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7101 subsection (5) of that section are amended, to read:
7102 489.518 Alarm system agents.—
7103 (1) A licensed electrical or alarm system contractor may
7104 not employ a person to perform the duties of a burglar alarm
7105 system agent unless the person:
7106 (b) Has successfully completed a minimum of 14 hours of
7107 training within 90 days after employment, to include basic alarm
7108 system electronics in addition to related training including
7109 CCTV and access control training, with at least 2 hours of
7110 training in the prevention of false alarms. Such training shall
7111 be from a department-approved board-approved provider, and the
7112 employee or applicant for employment shall provide proof of
7113 successful completion to the licensed employer. The department
7114 board shall by rule establish criteria for the approval of
7115 training courses and providers and may by rule establish
7116 criteria for accepting alternative nonclassroom education on an
7117 hour-for-hour basis. The department board shall approve
7118 providers that conduct training in other than the English
7119 language. The department board shall establish a fee for the
7120 approval of training providers or courses, not to exceed $60.
7121 Qualified employers may conduct training classes for their
7122 employees, with department board approval.
7123 (4)
7124 (b) The identification card shall be designed in a
7125 department-approved board-approved format. The card must include
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7126 a picture of the agent, must specify at least the name of the
7127 holder of the card and the name and license number of the
7128 contractor, and must be signed by the contractor and by the
7129 holder of the card. Each identification card is valid for a
7130 period of 4 2 years after the date of issuance. The
7131 identification card must be in the possession of each burglar
7132 alarm system agent while engaged in burglar alarm system agent
7133 duties.
7134 (d) Each identification card must be renewed every 4 2
7135 years and in a board-approved format to show compliance with the
7136 6 hours of continuing education necessary to maintain
7137 certification as a burglar alarm system agent.
7138 (5) Each burglar alarm system agent must receive 6 hours
7139 of continuing education on burglar alarm system installation and
7140 repair and false alarm prevention every 2 years from a board-
7141 approved sponsor of training and through a board-approved
7142 training course.
7143 Section 216. Subsection (6) of section 489.5185, Florida
7144 Statutes, is renumbered as subsection (5) and paragraph (b) of
7145 subsection (1), paragraphs (a) and (f) of subsection (2),
7146 paragraphs (b) and (d) of subsection (4), and subsection (5) of
7147 that section are amended, to read:
7148 489.5185 Fire alarm system agents.—
7149 (1) A certified unlimited electrical contractor or
7150 licensed fire alarm contractor may not employ a person to
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7151 perform the duties of a fire alarm system agent unless the
7152 person:
7153 (b) Has successfully completed a minimum of 14 hours of
7154 initial training, to include basic fire alarm system technology
7155 in addition to related training in National Fire Protection
7156 Association (NFPA) codes and standards and access control
7157 training, with at least 2 hours of training in the prevention of
7158 false alarms. Such training must be from a department-approved
7159 board-approved provider, and the employee or applicant for
7160 employment must provide proof of successful completion to the
7161 licensed employer. The department board, by rule, shall
7162 establish criteria for the approval of training courses and
7163 providers. The department board shall approve qualified
7164 providers that conduct training in other than the English
7165 language. The department board shall establish a fee for the
7166 approval of training providers, not to exceed $200, and a fee
7167 for the approval of courses at $25 per credit hour, not to
7168 exceed $100 per course.
7169 (2)(a) Any applicant for employment as a fire alarm system
7170 agent, or any individual employed as a fire alarm system agent
7171 on the effective date of this act, who has completed alarm
7172 system agent or burglar alarm system agent training before prior
7173 to the effective date of this act in a department-certified
7174 board-certified program is not required to take additional
7175 training in order to comply with the initial training
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7176 requirements of this section.
7177 (f) If a person holds a current National Institute of
7178 Certification in Engineering Technologies (NICET) Level II
7179 certification or higher in Fire Alarm Systems or Inspection and
7180 Testing of Fire Alarm Systems, a current certification as an
7181 Electronic Security Association (ESA) Certified Fire Alarm
7182 Technician, or a current certification as an ESA Certified Fire
7183 Alarm Designer, he or she is required to complete only the 2
7184 hours of training in the prevention of false alarms required by
7185 paragraph (1)(b) from a department-approved board-approved
7186 sponsor of training and through a department-approved board-
7187 approved training course.
7188 (4)
7189 (b) The card shall follow a department-approved board-
7190 approved format, to include a picture of the agent; shall
7191 specify at least the name of the holder of the card and the name
7192 and license number of the certified unlimited electrical
7193 contractor or licensed fire alarm contractor; and shall be
7194 signed by both the contractor and the holder of the card. Each
7195 identification card shall be valid for a period of 4 2 years
7196 after the date of issuance. The identification card must be in
7197 the possession of the fire alarm system agent while engaged in
7198 fire alarm system agent duties.
7199 (d) Each identification card must be renewed every 2 years
7200 and in a board-approved format to show compliance with the 6
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7201 hours of continuing education necessary to maintain
7202 certification as a fire alarm system agent.
7203 (5)(a) Except as provided in paragraph (b), each fire
7204 alarm system agent must receive 6 hours of continuing education
7205 on fire alarm system installation and repair and false alarm
7206 prevention every 2 years from a board-approved sponsor of
7207 training and through a board-approved training course.
7208 (b) A person holding a current NICET Level II
7209 certification or higher in Fire Alarm Systems or Inspection and
7210 Testing of Fire Alarm Systems, certification as an ESA Certified
7211 Fire Alarm Technician, or certification as an ESA Certified Fire
7212 Alarm Designer is required to complete only 2 hours of
7213 continuing education training in the prevention of false alarms
7214 every 2 years from a board-approved sponsor of training and
7215 through a board-approved training course.
7216 Section 217. Subsection (4) of section 489.519, Florida
7217 Statutes, is renumbered as subsection (3), and subsection (1)
7218 and present subsection (3) of that section are amended to read:
7219 489.519 Inactive status.—
7220 (1) A certificate or registration that becomes inactive
7221 may be reactivated under s. 489.517 upon application to the
7222 department. The board may not require a licensee to complete
7223 more than one renewal cycle of continuing education to
7224 reactivate a certificate or registration.
7225 (3) The board shall impose, by rule, continuing education
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7226 requirements for inactive certificateholders, when inactive
7227 status is sought by certificateholders who are also building
7228 code administrators, plans examiners, or inspectors certified
7229 pursuant to part XII of chapter 468.
7230 Section 218. Section 489.520, Florida Statutes, is amended
7231 to read:
7232 489.520 Automated licensure status information system.—By
7233 January 1, 1995, the department shall implement an automated
7234 licensure status information system for electrical and alarm
7235 system contracting. The system shall provide instant
7236 notification to local building departments and other interested
7237 parties, as determined by the board or department, regarding the
7238 status of the certification or registration of any contractor
7239 certified or registered pursuant to the provisions of this part.
7240 The provision of such information shall consist, at a minimum,
7241 of an indication of whether the certification or registration of
7242 the contractor applying for a permit is active, of any current
7243 failure of the contractor to make restitution according to the
7244 terms of any final action by the department board, of any
7245 ongoing disciplinary cases against the contractor that are
7246 subject to public disclosure, and whether there are any
7247 outstanding fines against the contractor.
7248 Section 219. Paragraphs (a) and (b) of subsection (2),
7249 subsections (3), (4), and (5), paragraph (c) of subsection (7),
7250 subsections (8) and (9), and paragraph (b) of subsection (10) of
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7251 section 489.521, Florida Statutes, are amended to read:
7252 489.521 Business organizations; qualifying agents.—
7253 (2)(a)1. If the applicant proposing to engage in
7254 contracting is a partnership, corporation, business trust, or
7255 other legal entity, other than a sole proprietorship, the
7256 application shall state the name of the partnership and its
7257 partners; the name of the corporation and its officers and
7258 directors and the name of each of its stockholders who is also
7259 an officer or director; the name of the business trust and its
7260 trustees; or the name of such other legal entity and its
7261 members. In addition, the applicant shall furnish evidence of
7262 statutory compliance if a fictitious name is used. A joint
7263 venture, including a joint venture composed of qualified
7264 business organizations, is itself a separate and distinct
7265 organization that shall be qualified in accordance with
7266 department board rules. The registration or certification, when
7267 issued upon application of a business organization, shall be in
7268 the name of the qualifying agent, and the name of the business
7269 organization shall be noted thereon. If there is a change in any
7270 information that is required to be stated on the application,
7271 the business organization shall, within 45 days after such
7272 change occurs, mail the correct information to the department.
7273 2. Any person certified or registered pursuant to this
7274 part who has had his or her license revoked may shall not be
7275 eligible for a 5-year period to be a partner, officer, director,
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7276 or trustee of a business organization as defined by this
7277 section. Such person shall also be ineligible to reapply for
7278 certification or registration under this part for a period of 5
7279 years.
7280 (b) The applicant shall also show that the proposed
7281 qualifying agent is legally qualified to act for the business
7282 organization in all matters connected with its electrical or
7283 alarm system contracting business and concerning regulations by
7284 the department board and that he or she has authority to
7285 supervise electrical or alarm system contracting undertaken by
7286 the business organization.
7287 (3)(a) The applicant shall furnish evidence of financial
7288 responsibility, credit, and business reputation of the business
7289 organization, as well as the name of the qualifying agent. The
7290 department board shall adopt rules defining financial
7291 responsibility based upon the business organization's credit
7292 history, ability to be bonded, and any history of bankruptcy or
7293 assignment of receivers. Such rules shall specify the financial
7294 responsibility grounds on which the department board may
7295 determine that a business organization is not qualified to
7296 engage in contracting.
7297 (b) In the event a qualifying agent must take the
7298 certification examination, the department board shall, within 60
7299 days from the date of the examination, inform the business
7300 organization in writing whether or not its qualifying agent has
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7301 qualified.
7302 (c) If the qualifying agent of a business organization
7303 applying to engage in contracting, after having been notified to
7304 do so, does not appear for examination within 1 year from the
7305 date of filing of the application, the examination fee paid by
7306 it shall be credited as an earned fee to the department. A new
7307 application to engage in contracting shall be accompanied by
7308 another application fee fixed pursuant to this act. Forfeiture
7309 of a fee may be waived by the department board for good cause.
7310 (d) Once the department board has determined that the
7311 business organization's proposed qualifying agent has qualified,
7312 the business organization shall be authorized to engage in the
7313 contracting business. The certificate, when issued, shall be in
7314 the name of the qualifying agent, and the name of the business
7315 organization shall be noted thereon.
7316 (4) As a prerequisite to the initial issuance of a
7317 certificate, the applicant or the business organization he or
7318 she qualifies shall submit evidence that he or she or the
7319 business organization has obtained public liability and property
7320 damage insurance for the safety and welfare of the public in an
7321 amount to be determined by department board rule.
7322 (5) At least one officer or supervising employee of the
7323 business organization must be qualified under this act in order
7324 for the business organization to be qualified to engage in
7325 contracting in the category of the business conducted. If any
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7326 individual so qualified on behalf of the business organization
7327 ceases to qualify the business organization, he or she shall
7328 notify the board and the department thereof within 30 days after
7329 such occurrence. In addition, if the individual is the only
7330 individual who qualifies the business organization, the business
7331 organization shall notify the board and the department of the
7332 individual's termination, and it shall have a period of 60 days
7333 from the termination of the individual to qualify another person
7334 under the provision of this act, failing which, the department
7335 board shall determine that the business organization is no
7336 longer qualified to engage in contracting. The individual shall
7337 also inform the department board in writing when he or she
7338 proposes to engage in contracting in his or her own name or in
7339 affiliation with another business organization, and the
7340 individual, or such new business organization, shall supply the
7341 same information to the department board as required for
7342 applicants under this act. After an investigation of the
7343 financial responsibility, credit, and business reputation of the
7344 individual or the new business organization and upon a favorable
7345 determination, the department board shall certify the business
7346 organization as qualified, and the department shall issue,
7347 without examination, a new certificate in the individual's name,
7348 which shall include the name of the new business organization,
7349 as provided in this section.
7350 (7)
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7351 (c) The department board shall assess a fine of not less
7352 than $100 or issue a citation to any contractor who fails to
7353 include that contractor's certification or registration number
7354 when submitting an advertisement for publication, broadcast, or
7355 printing. In addition, any person who claims in any
7356 advertisement to be a certified or registered contractor, but
7357 who does not hold a valid state certification or registration,
7358 commits a misdemeanor of the second degree, punishable as
7359 provided in s. 775.082 or s. 775.083.
7360 (8) Each qualifying agent shall pay the department an
7361 amount equal to the original fee for certification or
7362 registration to qualify any additional business organizations.
7363 If the qualifying agent for a business organization desires to
7364 qualify additional business organizations, the department board
7365 shall require him or her to present evidence of supervisory
7366 ability and financial responsibility of each such organization.
7367 Allowing a licensee to qualify more than one business
7368 organization shall be conditioned upon the licensee showing that
7369 the licensee has both the capacity and intent to adequately
7370 supervise each business organization in accordance with s.
7371 489.522(1). The department may board shall not limit the number
7372 of business organizations which the licensee may qualify except
7373 upon the licensee's failing to provide such information as is
7374 required under this subsection or upon a finding that such
7375 information or evidence as is supplied is incomplete or
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7376 unpersuasive in showing the licensee's capacity and intent to
7377 comply with the requirements of this subsection. A qualification
7378 for an additional business organization may be revoked or
7379 suspended upon a finding by the department board that the
7380 licensee has failed in the licensee's responsibility to
7381 adequately supervise the operations of that business
7382 organization in accordance with s. 489.522(1). Failure of the
7383 responsibility to adequately supervise the operations of a
7384 business organization in accordance with s. 489.522(1) shall be
7385 grounds for denial to qualify additional business organizations.
7386 (9) If a business organization or any of its partners,
7387 officers, directors, trustees, or members is disciplined for
7388 violating s. 489.533(1), the department board may, on that basis
7389 alone, deny issuance of a certificate or registration to a
7390 qualifying agent on behalf of that business organization.
7391 (10)
7392 (b) Any business organization engaging in contracting
7393 under this subsection shall provide the department board with
7394 the name and license number of each registered or certified
7395 contractor employed by the business organization to supervise
7396 its contracting activities. The business organization is not
7397 required to post a bond or otherwise evidence any financial or
7398 credit information except as necessary to demonstrate compliance
7399 with paragraph (a).
7400 Section 220. Subsection (2) and paragraph (a) of
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7401 subsection (3) of section 489.522, Florida Statutes, are amended
7402 to read:
7403 489.522 Qualifying agents; responsibilities.—
7404 (2) One of the qualifying agents for a business
7405 organization that has more than one qualifying agent may be
7406 designated as the sole primary qualifying agent for the business
7407 organization by a joint agreement that is executed, on a form
7408 provided by the department board, by all qualifying agents for
7409 the business organization. The joint agreement shall be
7410 submitted to the department board for approval. If the
7411 department board determines that the joint agreement is in good
7412 order, it shall approve the designation and immediately notify
7413 the qualifying agents of such approval. The designation made by
7414 the joint agreement is effective upon receipt of the notice by
7415 the qualifying agents. The qualifying agent designated for a
7416 business organization by a joint agreement is the sole primary
7417 qualifying agent for the business organization, and all other
7418 qualifying agents for the business organization are secondary
7419 qualifying agents.
7420 (a) A designated sole primary qualifying agent has all the
7421 responsibilities and duties of a primary qualifying agent,
7422 notwithstanding that there are secondary qualifying agents for
7423 specified jobs. The designated sole primary qualifying agent is
7424 jointly and equally responsible with secondary qualifying agents
7425 for field work supervision.
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7426 (b) A secondary qualifying agent is responsible only for:
7427 1. The supervision of field work at sites where his or her
7428 license was used to obtain the building permit; and
7429 2. Any other work for which he or she accepts
7430 responsibility.
7431
7432 A secondary qualifying agent is not responsible for supervision
7433 of financial matters.
7434 (c) A primary qualifying agent shall have approval
7435 authority for checks, payments, drafts, and contracts issued by
7436 or entered into by the business organization.
7437 (3)(a) A qualifying agent who has been designated by a
7438 joint agreement as the sole primary qualifying agent for a
7439 business organization may terminate this status as such by
7440 giving actual notice to the business organization, to the
7441 department board, and to all secondary qualifying agents of his
7442 or her intention to terminate this status. The notice to the
7443 department board shall include proof satisfactory to the
7444 department board that he or she has given the notice required in
7445 this paragraph. The status of the qualifying agent shall cease
7446 upon the designation of a new primary qualifying agent or 60
7447 days after satisfactory notice of termination has been provided
7448 to the department board, whichever first occurs. If no new
7449 primary qualifying agent has been designated within 60 days, all
7450 secondary qualifying agents for the business organization shall
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7451 become primary qualifying agents, unless the joint agreement
7452 specifies that one or more of them shall become sole qualifying
7453 agents under such circumstances, in which case only they shall
7454 become sole qualifying agents.
7455 Section 221. Section 489.523, Florida Statutes, is amended
7456 to read:
7457 489.523 Emergency registration upon death of contractor.—
7458 If an incomplete contract exists at the time of death of a
7459 contractor, the contract may be completed by any person even
7460 though not certified. The person shall notify the department
7461 appropriate board, within 30 days after the death of the
7462 contractor, of his or her name and address, knowledge of the
7463 contract, and ability to complete it. If the department board
7464 approves, he or she may proceed with the contract. The
7465 department board shall then issue an emergency registration
7466 which shall expire upon the completion of the contract. For
7467 purposes of this section, and upon written approval of the
7468 department board, an incomplete contract may be one which has
7469 been awarded to, or entered into by, the contractor before his
7470 or her death, or on which he or she was the low bidder and the
7471 contract is subsequently awarded to him or her, regardless of
7472 whether any actual work has commenced under the contract before
7473 the contractor's death.
7474 Section 222. Section 489.525, Florida Statutes, is amended
7475 to read:
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7476 489.525 Report to local building officials.—The department
7477 may report to all building officials the contents of this part
7478 and the contents of the rules of the department board. Any
7479 information that is available through the Internet or other
7480 electronic means may be excluded from the report.
7481 Section 223. Subsections (2) through (6) and paragraphs
7482 (b) and (e) of subsection (7) of section 489.533, Florida
7483 Statutes, are amended to read:
7484 489.533 Disciplinary proceedings.—
7485 (2) When the department board finds any applicant,
7486 contractor, or business organization for which the contractor is
7487 a primary qualifying agent or secondary qualifying agent
7488 responsible under s. 489.522 guilty of any of the grounds set
7489 forth in subsection (1), it may enter an order imposing one or
7490 more of the following penalties:
7491 (a) Denial of an application for certification or
7492 registration.
7493 (b) Revocation or suspension of a certificate or
7494 registration.
7495 (c) Imposition of an administrative fine not to exceed
7496 $10,000 for each count or separate offense.
7497 (d) Issuance of a reprimand.
7498 (e) Placement of the contractor on probation for a period
7499 of time and subject to such conditions as the department board
7500 may specify, including requiring the contractor to attend
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7501 continuing education courses or to work under the supervision of
7502 another contractor.
7503 (f) Restriction of the authorized scope of practice by the
7504 contractor.
7505 (g) Require financial restitution to a consumer.
7506 (3) In recommending penalties in any proposed recommended
7507 final order, the department shall follow the penalty guidelines
7508 established by the department board by rule. The department
7509 shall advise the administrative law judge of the appropriate
7510 penalty, including mitigating and aggravating circumstances, and
7511 the specific rule citation.
7512 (4) The department board may not reinstate the certificate
7513 or registration of, or cause a certificate or registration to be
7514 issued to, a person who the department board has determined
7515 unqualified until it is satisfied that such person has complied
7516 with all the terms and conditions set forth in the final order
7517 and is capable of competently engaging in the business of
7518 contracting.
7519 (5) When the department board imposes administrative fines
7520 pursuant to subsection (2) resulting from violation of chapter
7521 633 or violation of the rules of the State Fire Marshal, 50
7522 percent of the fine shall be paid into the Insurance Regulatory
7523 Trust Fund to help defray the costs of investigating the
7524 violations and obtaining the corrective action. The State Fire
7525 Marshal may participate at its discretion, but not as a party,
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7526 in any proceedings before the department board relating to
7527 violation of chapter 633 or the rules of the State Fire Marshal,
7528 in order to make recommendations as to the appropriate penalty
7529 in such case. However, the State Fire Marshal does shall not
7530 have standing to bring disciplinary proceedings regarding
7531 certification.
7532 (6) The department board may restrain any violation of
7533 this part by action in a court of competent jurisdiction.
7534 (7)
7535 (b) A No licensee may not avail himself or herself of the
7536 mediation process more than three times without the approval of
7537 the department board. The department board may consider the
7538 subject and the dates of the earlier complaints in rendering its
7539 decision. The board's decision shall not be considered a final
7540 agency action and is not appealable.
7541 (e) The department, in conjunction with the board, shall
7542 determine by rule the types of cases which may be included in
7543 the mediation process. The department may initiate or continue
7544 disciplinary action, pursuant to chapter 455 and this chapter
7545 against the licensee as determined by rule.
7546 Section 224. Paragraph (a) of subsection (1) of section
7547 489.5335, Florida Statutes, is amended to read:
7548 489.5335 Journeyman; reciprocity; standards.—
7549 (1) Counties and municipalities are authorized to issue
7550 journeyman licenses in the electrical and alarm system trades to
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7551 an individual who:
7552 (a) Has scored at least 70 percent, or after October 1,
7553 1997, at least 75 percent, on a proctored journeyman Block and
7554 Associates examination or other proctored examination approved
7555 by the department board for the trade in which he or she is
7556 licensed;
7557 Section 225. Paragraph (e) of subsection (3) and
7558 paragraphs (b) and (c) of subsection (5) of section 489.537,
7559 Florida Statutes, are amended to read:
7560 489.537 Application of this part.—
7561 (3) Nothing in this act limits the power of a municipality
7562 or county:
7563 (e)1. To refuse to issue permits or issue permits with
7564 specific conditions to a contractor who has committed multiple
7565 violations, when he or she has been disciplined for each of them
7566 by the department board and when each disciplinary action has
7567 involved revocation or suspension of a license, imposition of an
7568 administrative fine of at least $1,000, or probation.
7569 2. To issue permits with specific conditions to a
7570 contractor who, within the previous 12 months, has had final
7571 action taken against him or her, by the department or by a local
7572 board or agency which licenses contractors and has reported the
7573 action pursuant to paragraph (5)(c), for engaging in the
7574 business or acting in the capacity of a contractor without a
7575 license.
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7576 (5)
7577 (b) To engage in contracting in the territorial area, an
7578 applicant shall also be registered with the department board.
7579 (c) Each local board or agency which licenses contractors
7580 shall transmit monthly to the department board a report of any
7581 disciplinary action taken against contractors and any
7582 administrative or disciplinary action taken against unlicensed
7583 persons for engaging in the business or acting in the capacity
7584 of a contractor, including any cease and desist order issued
7585 pursuant to s. 489.516(2)(b).
7586 Section 226. Section 489.552, Florida Statutes, is amended
7587 to read:
7588 489.552 Registration required.—A person may shall not hold
7589 himself or herself out as a septic tank contractor or a master
7590 septic tank contractor in this state unless he or she is
7591 registered by the department in accordance with the provisions
7592 of this part. However, nothing in this part prohibits any person
7593 licensed pursuant to s. 489.105(2)(m) s. 489.105(3)(m) in this
7594 state from engaging in the profession for which he or she is
7595 licensed.
7596 Section 227. Subsection (1) of section 492.102, Florida
7597 Statutes, is amended to read:
7598 492.102 Definitions.—For the purposes of this chapter,
7599 unless the context clearly requires otherwise:
7600 (1) "Board" means the Board of Professional Geologists.
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7601 Section 228. Section 492.104, Florida Statutes, is amended
7602 to read:
7603 492.104 Rulemaking authority.—The department may Board of
7604 Professional Geologists has authority to adopt rules pursuant to
7605 ss. 120.536(1) and 120.54 to implement this chapter. Every
7606 licensee shall be governed and controlled by this chapter and
7607 the rules adopted by the department board. The department board
7608 is authorized to set, by rule, fees for application,
7609 examination, late renewal, initial licensure, and license
7610 renewal. These fees may not exceed the cost of implementing the
7611 application, examination, initial licensure, and license renewal
7612 or other administrative process and shall be established as
7613 follows:
7614 (1) The application fee may shall not exceed $150 and
7615 shall be nonrefundable.
7616 (2) The examination fee may shall not exceed $250, and the
7617 fee may be apportioned to each part of a multipart examination.
7618 The examination fee shall be refundable in whole or part if the
7619 applicant is found to be ineligible to take any portion of the
7620 licensure examination.
7621 (3) The initial license fee may shall not exceed $100.
7622 (4) The biennial renewal fee may shall not exceed $150.
7623 (5) The fee for reactivation of an inactive license may
7624 not exceed $50.
7625 (6) The fee for a provisional license may not exceed $400.
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7626 (7) The fee for application, examination, and licensure
7627 for a license by endorsement is as provided in this section for
7628 licenses in general.
7629 Section 229. Subsection (1), paragraph (b) of subsection
7630 (2), and subsection (3) of section 492.105, Florida Statutes,
7631 are amended to read:
7632 492.105 Licensure by examination; requirements; fees.—
7633 (1) Any person desiring to be licensed as a professional
7634 geologist shall apply to the department to take the licensure
7635 examination. The written licensure examination shall be designed
7636 to test an applicant's qualifications to practice professional
7637 geology, and shall include such subjects as will tend to
7638 ascertain the applicant's knowledge of the fundamentals, theory,
7639 and practice of professional geology and may include such
7640 subjects as are taught in curricula of accredited colleges and
7641 universities. The written licensure examination may be a
7642 multipart examination. The department shall examine each
7643 applicant who the department board certifies:
7644 (a) Has completed the application form and remitted a
7645 nonrefundable application fee and an examination fee which is
7646 refundable if the applicant is found to be ineligible to take
7647 the examination.
7648 (b) Is at least 18 years of age.
7649 (c) Has not committed any act or offense in any
7650 jurisdiction which would constitute the basis for disciplining a
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7651 professional geologist licensed pursuant to this chapter.
7652 (d) Has fulfilled the following educational requirements
7653 at a college or university, the geological curricula of which
7654 meet the criteria established by an accrediting agency
7655 recognized by the United States Department of Education:
7656 1. Graduation from such college or university with a major
7657 in geology or other related science acceptable to the department
7658 board; and
7659 2. Satisfactory completion of at least 30 semester hours
7660 or 45 quarter hours of geological coursework.
7661 (e) Has at least 5 years of verified professional
7662 geological work experience, which includes a minimum of 3 years
7663 of professional geological work under the supervision of a
7664 licensed or qualified geologist or professional engineer
7665 registered under chapter 471 as qualified in the field or
7666 discipline of professional engineering work performed; or has a
7667 minimum of 5 accumulative years of verified geological work
7668 experience in responsible charge of geological work as
7669 determined by the department board.
7670 (2) The department shall issue a license to practice
7671 professional geology to any person who has:
7672 (b) Been certified by the department board as qualified to
7673 practice professional geology; and
7674 (3) The department may shall not issue a license to any
7675 applicant who is under investigation in any jurisdiction for an
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7676 offense which would constitute a violation of this chapter. Upon
7677 completion of the investigation, the disciplinary provisions of
7678 s. 492.113 shall apply.
7679 Section 230. Subsections (1) and (2) of section 492.1051,
7680 Florida Statutes, are amended to read:
7681 492.1051 Registered geologist-in-training; requirements.—
7682 (1) A person desiring to register as a geologist-in-
7683 training shall apply to the department to take a discrete
7684 portion of the examination required for licensure as a
7685 professional geologist in this state. This discrete portion
7686 shall cover the fundamentals of geology. The department shall
7687 examine each applicant who the department board certifies:
7688 (a) Has completed the application form and remitted a
7689 nonrefundable application fee and an examination fee that is
7690 refundable if the applicant is found to be ineligible to take
7691 the examination.
7692 (b) Has not committed an act or offense in any
7693 jurisdiction which constitutes grounds for disciplining a
7694 professional geologist licensed under this chapter; and
7695 (c) Has successfully completed at least 30 semester hours
7696 or 45 quarter hours of geological coursework at a college or
7697 university, the geological curricula of which meet the criteria
7698 established by an accrediting agency recognized by the United
7699 States Department of Education and, if still enrolled, has
7700 provided a letter of good academic standing from the college or
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7701 university.
7702 (2) The department shall register as a geologist-in-
7703 training each applicant who the department board certifies has
7704 passed the fundamentals of geology portion of the licensure
7705 examination.
7706 Section 231. Section 492.106, Florida Statutes, is amended
7707 to read:
7708 492.106 Provisional licenses.—The department may provide a
7709 provisional license to any person who is not a resident of and
7710 has not established a place of business in this state, and who
7711 is duly licensed in another state, territory, or possession of
7712 the United States, or in the District of Columbia, and who has
7713 qualifications which the department board, upon advice of a
7714 committee of the department board, deems comparable to those
7715 required of professional geologists in this state, upon written
7716 application accompanied by the proper application fee, offered
7717 before prior to the practice of professional geology in this
7718 state, under the following restrictions:
7719 (1) Satisfactory proof of licensure as required above
7720 shall include the name, residence address, business address, and
7721 certification of the license of the applicant from the issuing
7722 state, together with the name and address of the authority
7723 issuing such license.
7724 (2) The practice of professional geology under a
7725 provisional license may shall not exceed 1 year.
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7726 (3) The practice of professional geology under a
7727 provisional license shall be confined to one specified project.
7728 Such license may not be renewed or reissued for 5 years from the
7729 date of original issuance.
7730 (4) A written statement shall be furnished to the
7731 department within 60 days of completion of the work, indicating
7732 the time engaged and the nature of the work. A person holding a
7733 provisional license shall exhibit such provisional license each
7734 time and on each occasion that an indication of licensure is
7735 required.
7736 Section 232. Subsection (1) of section 492.107, Florida
7737 Statutes, is amended to read:
7738 492.107 Seals.—
7739 (1) The department board shall prescribe, by rule, a form
7740 of seal, including its electronic form, to be used by persons
7741 holding valid licenses. All geological papers, reports, and
7742 documents prepared or issued by the licensee shall be signed,
7743 dated, and sealed by the licensee who performed or is
7744 responsible for the supervision, direction, or control of the
7745 work contained in the papers, reports, or documents. Such
7746 signature, date, and seal shall be evidence of the authenticity
7747 of that to which they are affixed. Geological papers, reports,
7748 and documents prepared or issued by the licensee may be
7749 transmitted electronically provided they have been signed by the
7750 licensee, dated, and electronically sealed. It is unlawful for
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7751 any person to sign or seal any document as a professional
7752 geologist unless that person holds a current, active license as
7753 a professional geologist which has not expired or been revoked
7754 or suspended, unless reinstated or reissued.
7755 Section 233. Subsection (1) of section 492.108, Florida
7756 Statutes, is amended to read:
7757 492.108 Licensure by endorsement; requirements; fees.—
7758 (1) The department shall issue a license by endorsement to
7759 any applicant who, upon applying to the department and remitting
7760 an application fee, has been certified by the department board
7761 that he or she:
7762 (a) Has met the qualifications for licensure in s.
7763 492.105(1)(b)-(e) and:
7764 1. Is the holder of an active license in good standing in
7765 a state, trust, territory, or possession of the United States.
7766 2. Was licensed through written examination in at least
7767 one state, trust, territory, or possession of the United States,
7768 the examination requirements of which have been approved by the
7769 department board as substantially equivalent to or more
7770 stringent than those of this state, and has received a score on
7771 such examination which is equal to or greater than the score
7772 required by this state for licensure by examination.
7773 3. Has taken and successfully passed the laws and rules
7774 portion of the examination required for licensure as a
7775 professional geologist in this state.
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7776 (b) Has held a valid license to practice geology in
7777 another state, trust, territory, or possession of the United
7778 States for at least 10 years before the date of application and
7779 has successfully completed a state, regional, national, or other
7780 examination that is equivalent to or more stringent than the
7781 examination required by the department. If such applicant has
7782 met the requirements for a license by endorsement except
7783 successful completion of an examination that is equivalent to or
7784 more stringent than the examination required by the department
7785 board, such applicant may take the examination required by the
7786 department board. Such application must be submitted to the
7787 department board while the applicant holds a valid license in
7788 another state or territory or within 2 years after the
7789 expiration of such license.
7790 Section 234. Subsection (2) of section 492.109, Florida
7791 Statutes, is amended to read:
7792 492.109 Renewal of license; fees.—
7793 (2) The department shall adopt rules establishing a
7794 procedure for the biennial renewal of licenses.
7795 Section 235. Subsection (2) of section 492.1101, Florida
7796 Statutes, is amended to read:
7797 492.1101 Inactive status.—
7798 (2) The department board shall adopt promulgate rules
7799 relating to the reactivation of inactive licenses and shall
7800 prescribe by rule a fee for the reactivation of inactive
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7801 licenses.
7802 Section 236. Subsection (1) of section 492.111, Florida
7803 Statutes, is amended to read:
7804 492.111 Practice of professional geology by a firm,
7805 corporation, or partnership.—The practice of, or offer to
7806 practice, professional geology by individual professional
7807 geologists licensed under the provisions of this chapter through
7808 a firm, corporation, or partnership offering geological services
7809 to the public through individually licensed professional
7810 geologists as agents, employees, officers, or partners thereof
7811 is permitted subject to the provisions of this chapter, if:
7812 (1) At all times that it offers geological services to the
7813 public, the firm, corporation, or partnership is qualified by
7814 one or more individuals who hold a current, active license as a
7815 professional geologist in the state and are serving as a
7816 geologist of record for the firm, corporation, or partnership. A
7817 geologist of record may be any principal officer or employee of
7818 such firm or corporation, or any partner or employee of such
7819 partnership, who holds a current, active license as a
7820 professional geologist in this state, or any other Florida-
7821 licensed professional geologist with whom the firm, corporation,
7822 or partnership has entered into a long-term, ongoing
7823 relationship, as defined by rule of the department board, to
7824 serve as one of its geologists of record. The geologist of
7825 record shall notify the department of any changes in the
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7826 relationship or identity of that geologist of record within 30
7827 days after such change.
7828 Section 237. Paragraph (k) of subsection (1) and
7829 subsections (2), (3), and (4) of section 492.113, Florida
7830 Statutes, are amended to read:
7831 492.113 Disciplinary proceedings.—
7832 (1) The following acts constitute grounds for which the
7833 disciplinary actions in subsection (3) may be taken:
7834 (k) Violating a rule of the department or board or any
7835 order of the department or board previously entered in a
7836 disciplinary hearing.
7837 (2) The department board shall specify, by rule, what acts
7838 or omissions constitute a violation of subsection (1).
7839 (3) When the department board finds any person guilty of
7840 any of the grounds set forth in subsection (1), it may enter an
7841 order imposing one or more of the following penalties:
7842 (a) Denial of an application for licensure.
7843 (b) Revocation or suspension of a license.
7844 (c) Imposition of an administrative fine not to exceed
7845 $1,000 for each count or separate offense.
7846 (d) Issuance of a reprimand.
7847 (e) Placement of the licensee on probation for a period of
7848 time and subject to such conditions as the department board may
7849 specify.
7850 (f) Restriction of the authorized scope of practice by the
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7851 licensee.
7852 (4) The department shall reissue the license of a
7853 disciplined professional geologist upon certification by the
7854 department board that the disciplined person has complied with
7855 the terms and conditions set forth in the final order.
7856 Section 238. Subsections (11) and (12) of section
7857 493.6101, Florida Statutes, are amended to read:
7858 493.6101 Definitions.—
7859 (11) "Sponsor" means any Class "C," Class "MA," or Class
7860 "M" licensee who supervises and maintains under his or her
7861 direction and control a Class "CC" provisional licensee intern;
7862 or any Class "E" or Class "MR" licensee who supervises and
7863 maintains under his or her direction and control a Class "EE"
7864 intern.
7865 (12) "Provisional licensee" "Intern" means an individual
7866 who studies as a trainee or apprentice under the direction and
7867 control of a designated sponsoring licensee.
7868 Section 239. Subsection (7) of section 493.6105, Florida
7869 Statutes, is amended to read:
7870 493.6105 Initial application for license.—
7871 (7) In addition to the application requirements for
7872 individuals, partners, or officers outlined under subsection
7873 (3), the application for an agency license must contain the
7874 following information:
7875 (a) The proposed name under which the agency intends to
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7876 operate.
7877 (b) The street address, mailing address, and telephone
7878 numbers of the principal location at which business is to be
7879 conducted in this state.
7880 (c) The street address, mailing address, and telephone
7881 numbers of all branch offices within this state.
7882 (d) The names and titles of all partners or, in the case
7883 of a corporation, the names and titles of its principal
7884 officers.
7885 Section 240. Subsection (2) of section 493.6106, Florida
7886 Statutes, is amended to read:
7887 493.6106 License requirements; posting.—
7888 (2) Each agency shall have a minimum of one physical
7889 location within this state from which the normal business of the
7890 agency is conducted, and this location shall be considered the
7891 primary office for that agency in this state.
7892 (a) If an agency or branch office desires to change the
7893 physical location of the business, as it appears on the license,
7894 the department must be notified within 10 days after the change,
7895 and, except upon renewal, the fee prescribed in s. 493.6107 must
7896 be submitted for each license requiring revision. Each license
7897 requiring revision must be returned with such notification.
7898 (b) The Class "A," Class "B," or Class "R" license and any
7899 branch office or school license shall at all times be posted in
7900 a conspicuous place at the licensed physical location in this
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7901 state where the business is conducted.
7902 (c) Each Class "A," Class "B," Class "R," branch office,
7903 or school licensee shall display, in a place that is in clear
7904 and unobstructed public view, a notice on a form prescribed by
7905 the department stating that the business operating at this
7906 location is licensed and regulated by the Department of
7907 Agriculture and Consumer Services and that any questions or
7908 complaints should be directed to the department.
7909 (d) A minimum of one properly licensed manager shall be
7910 designated for each agency and branch office location.
7911 Section 241. Subsections (4), (5), and (6) of section
7912 493.6111, Florida Statutes, are renumbered as subsections (3),
7913 (4), and (5), respectively, and subsection (2) and present
7914 subsection (3) of that section are amended to read:
7915 493.6111 License; contents; identification card.—
7916 (2) Licenses shall be valid for a period of 4 2 years,
7917 except for Class "A," Class "B," Class "AB," Class "K," Class
7918 "R," and branch agency licenses, which shall be valid for a
7919 period of 3 years.
7920 (3) The department shall, upon complete application and
7921 payment of the appropriate fees, issue a separate license to
7922 each branch office for which application is made.
7923 Section 242. Subsection (1) and paragraph (b) of
7924 subsection (3) of section 493.6113, Florida Statutes, are
7925 amended to read:
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7926 493.6113 Renewal application for licensure.—
7927 (1) A license granted under the provisions of this chapter
7928 shall be renewed every 4 years biennially by the department,
7929 except for Class "A," Class "B," Class "AB," Class "K," Class
7930 "R," and branch agency licenses, which shall be renewed every 3
7931 years.
7932 (3) Each licensee is responsible for renewing his or her
7933 license on or before its expiration by filing with the
7934 department an application for renewal accompanied by payment of
7935 the renewal fee and the fingerprint retention fee to cover the
7936 cost of ongoing retention in the statewide automated biometric
7937 identification system established in s. 943.05(2)(b). Upon the
7938 first renewal of a license issued under this chapter before
7939 January 1, 2017, the licensee shall submit a full set of
7940 fingerprints and fingerprint processing fees to cover the cost
7941 of entering the fingerprints into the statewide automated
7942 biometric identification system pursuant to s. 493.6108(4)(a)
7943 and the cost of enrollment in the Federal Bureau of
7944 Investigation's national retained print arrest notification
7945 program. Subsequent renewals may be completed without submission
7946 of a new set of fingerprints.
7947 (b) Each Class "G" licensee shall additionally submit
7948 proof that he or she has received during each year of the
7949 license period a minimum of 4 hours of firearms requalification
7950 training taught by a Class "K" licensee and has complied with
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7951 such other health and training requirements that the department
7952 shall adopt by rule. Proof of completion of firearms
7953 requalification training shall be submitted to the department
7954 upon completion of the training. A Class "G" licensee must
7955 successfully complete this requalification training for each
7956 type and caliber of firearm carried in the course of performing
7957 his or her regulated duties. At the discretion of a Class "K"
7958 instructor, a Class "G" licensee may qualify for up to two
7959 calibers of firearms in one 4-hour firearm requalification class
7960 if the licensee successfully completes training for each
7961 firearm, including a separate course of fire for each caliber of
7962 firearm. If the licensee fails to complete the required 4 hours
7963 of annual training during the first year of the 2-year term of
7964 the license, the license is automatically suspended. The
7965 licensee must complete the minimum number of hours of range and
7966 classroom training required at the time of initial licensure and
7967 submit proof of completion of such training to the department
7968 before the license may be reinstated. If the licensee fails to
7969 complete the required 4 hours of annual training during the
7970 second year of the 4-year 2-year term of the license, the
7971 licensee must complete the minimum number of hours of range and
7972 classroom training required at the time of initial licensure and
7973 submit proof of completion of such training to the department
7974 before the license may be renewed. The department may waive the
7975 firearms training requirement if:
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7976 1. The applicant provides proof that he or she is
7977 currently certified as a law enforcement officer or correctional
7978 officer under the Criminal Justice Standards and Training
7979 Commission and has completed law enforcement firearms
7980 requalification training annually during the previous 4 years 2
7981 years of the licensure period;
7982 2. The applicant provides proof that he or she is
7983 currently certified as a federal law enforcement officer and has
7984 received law enforcement firearms training administered by a
7985 federal law enforcement agency annually during the previous 4
7986 years 2 years of the licensure period;
7987 3. The applicant submits a valid firearm certificate among
7988 those specified in s. 493.6105(6)(a) and provides proof of
7989 having completed requalification training during the previous 4
7990 years 2 years of the licensure period; or
7991 4. The applicant provides proof that he or she has
7992 completed annual firearms training in accordance with the
7993 requirements of the federal Law Enforcement Officers Safety Act
7994 under 18 U.S.C. ss. 926B-926C.
7995 Section 243. Section 493.6116, Florida Statutes, is
7996 amended to read:
7997 493.6116 Sponsorship of provisional licensees interns.—
7998 (1) Only licensees may sponsor provisional licensees
7999 interns. A Class "C," Class "M," or Class "MA" licensee may
8000 sponsor a Class "CC" provisional licensees private investigator
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8001 intern; a Class "E" or Class "MR" licensee may sponsor a Class
8002 "EE" recovery agent intern.
8003 (2) Provisional licensure An internship may not commence
8004 until the sponsor has submitted to the department the notice of
8005 intent to sponsor. Such notice shall be on a form provided by
8006 the department.
8007 (3) Provisional licensure Internship is intended to serve
8008 as a learning process. Sponsors shall assume a training status
8009 by providing direction and control of provisional licensees
8010 interns. Sponsors shall not allow provisional licensees interns
8011 to operate independently of such direction and control or
8012 require provisional licensees interns to perform activities that
8013 do not enhance the provisional licensee's intern's qualification
8014 for licensure. Provisional licensees Interns must perform
8015 regulated duties within the boundaries of this state during the
8016 period of provisional licensure internship.
8017 (4) No sponsor may sponsor more than six provisional
8018 licensees interns at the same time.
8019 (5) A sponsor shall certify a biannual progress report on
8020 each intern and shall certify completion or termination of
8021 provisional licensure an internship to the department within 15
8022 days after such completion or termination. The report must be
8023 made on a form provided by the department and must include at a
8024 minimum:
8025 (a) The inclusive dates of the provisional licensure
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8026 internship.
8027 (b) A narrative part explaining the primary duties, types
8028 of experiences gained, and the scope of training received.
8029 (c) An evaluation of the performance of the provisional
8030 licensee intern and a recommendation regarding future licensure.
8031 Section 244. Paragraphs (r) and (x) of subsection (1) of
8032 section 493.6118, Florida Statutes, are amended to read:
8033 493.6118 Grounds for disciplinary action.—
8034 (1) The following constitute grounds for which
8035 disciplinary action specified in subsection (2) may be taken by
8036 the department against any licensee, agency, or applicant
8037 regulated by this chapter, or any unlicensed person engaged in
8038 activities regulated under this chapter:
8039 (r) Failure or refusal by a sponsor to certify a biannual
8040 written report on an provisional private investigator intern or
8041 to certify completion or termination of an provisional private
8042 investigator internship to the department within 15 working
8043 days.
8044 (x) In addition to the grounds for disciplinary action
8045 prescribed in paragraphs (a)-(t) and, Class "R" recovery
8046 agencies , Class "E" recovery agents, and Class "EE" recovery
8047 agent interns are prohibited from committing the following acts:
8048 1. Recovering a motor vehicle, mobile home, motorboat,
8049 aircraft, personal watercraft, all-terrain vehicle, farm
8050 equipment, or industrial equipment that has been sold under a
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8051 conditional sales agreement or under the terms of a chattel
8052 mortgage before authorization has been received from the legal
8053 owner or mortgagee.
8054 2. Charging for expenses not actually incurred in
8055 connection with the recovery, transportation, storage, or
8056 disposal of repossessed property or personal property obtained
8057 in a repossession.
8058 3. Using any repossessed property or personal property
8059 obtained in a repossession for the personal benefit of a
8060 licensee or an officer, director, partner, manager, or employee
8061 of a licensee.
8062 4. Selling property recovered under the provisions of this
8063 chapter, except with written authorization from the legal owner
8064 or the mortgagee thereof.
8065 5. Failing to notify the police or sheriff's department of
8066 the jurisdiction in which the repossessed property is recovered
8067 within 2 hours after recovery.
8068 6. Failing to remit moneys collected in lieu of recovery
8069 of a motor vehicle, mobile home, motorboat, aircraft, personal
8070 watercraft, all-terrain vehicle, farm equipment, or industrial
8071 equipment to the client within 10 working days.
8072 7. Failing to deliver to the client a negotiable
8073 instrument that is payable to the client, within 10 working days
8074 after receipt of such instrument.
8075 8. Falsifying, altering, or failing to maintain any
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8076 required inventory or records regarding disposal of personal
8077 property contained in or on repossessed property pursuant to s.
8078 493.6404(1).
8079 9. Carrying any weapon or firearm when he or she is on
8080 private property and performing duties under his or her license
8081 whether or not he or she is licensed pursuant to s. 790.06.
8082 10. Soliciting from the legal owner the recovery of
8083 property subject to repossession after such property has been
8084 seen or located on public or private property if the amount
8085 charged or requested for such recovery is more than the amount
8086 normally charged for such a recovery.
8087 11. Wearing, presenting, or displaying a badge in the
8088 course of performing a repossession regulated by this chapter.
8089 Section 245. Subsection (6) of section 493.6120, Florida
8090 Statutes, is amended to read:
8091 493.6120 Violations; penalty.—
8092 (6) A person who was an owner, officer, partner, or
8093 manager of an a licensed agency or a Class "DS" or "RS" school
8094 or training facility at the time of any activity that is the
8095 basis for revocation of the agency or branch office license or
8096 the school or training facility license and who knew or should
8097 have known of unlawful the activity shall have his or her
8098 personal licenses or approval suspended for 3 years and may not
8099 have any financial interest in or be employed in any capacity by
8100 an a licensed agency or a school or training facility during the
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8101 period of suspension.
8102 Section 246. Subsection (2) of section 493.6123, Florida
8103 Statutes, is amended to read:
8104 493.6123 Publication to industry.—
8105 (2) The department shall develop and make available to
8106 each Class "C," Class "D," and Class "E" licensee and all
8107 provisional private investigators interns a pamphlet detailing
8108 in plain language the legal authority, rights, and obligations
8109 of his or her class of licensure. Within the pamphlet, the
8110 department should endeavor to present situations that the
8111 licensee may be expected to commonly encounter in the course of
8112 doing business pursuant to his or her specific license, and
8113 provide to the licensee information on his or her legal options,
8114 authority, limits to authority, and obligations. The department
8115 shall supplement this with citations to statutes and legal
8116 decisions, as well as a selected bibliography that would direct
8117 the licensee to materials the study of which would enhance his
8118 or her professionalism. The department shall provide a single
8119 copy of the appropriate pamphlet without charge to each
8120 individual to whom a license is issued, but may charge for
8121 additional copies to recover its publication costs. The pamphlet
8122 shall be updated every 2 years as necessary to reflect rule or
8123 statutory changes, or court decisions. Intervening changes to
8124 the regulatory situation shall be noticed in the industry
8125 newsletter issued pursuant to subsection (1).
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8126 Section 247. Section 493.6201, Florida Statutes, is
8127 amended to read:
8128 493.6201 Classes of licenses.—
8129 (1) Any person, firm, company, partnership, or corporation
8130 which engages in business as a private investigative agency
8131 shall have a Class "A" license. A Class "A" license is valid for
8132 all locations only one location.
8133 (2) Each branch office of a Class "A" agency shall have a
8134 Class "AA" license. Where a person, firm, company, partnership,
8135 or corporation holds both a Class "A" and Class "B" license,
8136 each additional or branch office shall have a Class "AB"
8137 license.
8138 (3) Any individual who performs the services of a manager
8139 for a:
8140 (a) Class "A" private investigative agency or Class "AA"
8141 branch office shall have a Class "MA" license. A Class "C" or
8142 Class "M" licensee may be designated as the manager, in which
8143 case the Class "MA" license is not required.
8144 (b) Class "A" and "B" agency or a Class "AB" branch office
8145 shall have a Class "M" license.
8146 (4) Class "C" or Class "CC" licensees shall own or be an
8147 employee of a Class "A" agency, a Class "A" and Class "B"
8148 agency, or a branch office. This does not include those who are
8149 exempt under s. 493.6102, but who possess a Class "C" license
8150 solely for the purpose of holding a Class "G" license.
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8151 (2)(5) Any individual who performs the services of a
8152 private investigator shall have a Class "C" license.
8153 (3)(6) Any individual who performs private investigative
8154 work as an provisional private investigator intern under the
8155 direction and control of a designated, sponsoring Class "C"
8156 licensee or a designated, sponsoring Class "MA" or Class "M"
8157 licensee must have a Class "CC" license.
8158 (4)(7) Only Class "M," Class "MA," Class "C," or Class
8159 "CC" licensees are permitted to bear a firearm, and any such
8160 licensee who bears a firearm shall also have a Class "G"
8161 license.
8162 (5)(8) A Class "C" or Class "CC" licensee may perform
8163 bodyguard services without obtaining a Class "D" license.
8164 Section 248. Section 493.6202, Florida Statutes, is
8165 amended to read:
8166 493.6202 Fees.—
8167 (1) The department shall establish by rule examination and
8168 license fees, not to exceed a the following:
8169 (a) Class "A" license—private investigative agency: $450.
8170 (b) Class "AA" or "AB" license—branch office: $125.
8171 (c) Class "MA" license—private investigative agency
8172 manager: $75.
8173 (b)(d) Class "C" license—private investigator: $75.
8174 (c)(e) Class "CC" license—provisional private investigator
8175 intern: $60.
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8176 (2) The department may establish by rule a fee for the
8177 replacement or revision of a license, which fee shall not exceed
8178 $30.
8179 (3) The fees set forth in this section must be paid by
8180 check or money order or, at the discretion of the department, by
8181 electronic funds transfer at the time the application is
8182 approved, except that the applicant for a Class "G," Class "C,"
8183 or Class "CC," Class "M," or Class "MA" license must pay the
8184 license fee at the time the application is made. If a license is
8185 revoked or denied or if the application is withdrawn, the
8186 license fee is nonrefundable.
8187 (4) The initial license fee for a veteran, as defined in
8188 s. 1.01, shall be waived if he or she applies for a Class "C,"
8189 or Class "CC," or Class "MA" license within 24 months after
8190 being discharged from any branch of the United States Armed
8191 Forces. An eligible veteran must include a copy of his or her DD
8192 Form 214, as issued by the United States Department of Defense,
8193 or another acceptable form of identification as specified by the
8194 Department of Veterans' Affairs with his or her application in
8195 order to obtain a waiver.
8196 Section 249. Section 493.6203, Florida Statutes, is
8197 amended to read:
8198 493.6203 License requirements.—In addition to the license
8199 requirements set forth elsewhere in this chapter, each
8200 individual or agency shall comply with the following additional
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8201 requirements:
8202 (1) Each agency or branch office shall designate a minimum
8203 of one appropriately licensed individual to act as manager,
8204 directing the activities of the Class "C" or Class "CC"
8205 employees.
8206 (2) An applicant for a Class "MA" license must have 2
8207 years of lawfully gained, verifiable, full-time experience, or
8208 training in:
8209 (a) Private investigative work or related fields of work
8210 that provided equivalent experience or training;
8211 (b) Work as a Class "CC" licensed intern;
8212 (c) Any combination of paragraphs (a) and (b);
8213 (d) Experience described in paragraph (a) for 1 year and
8214 experience described in paragraph (e) for 1 year;
8215 (e) No more than 1 year using:
8216 1. College coursework related to criminal justice,
8217 criminology, or law enforcement administration; or
8218 2. Successfully completed law enforcement-related training
8219 received from any federal, state, county, or municipal agency;
8220 or
8221 (f) Experience described in paragraph (a) for 1 year and
8222 work in a managerial or supervisory capacity for 1 year.
8223
8224 However, experience in performing bodyguard services is not
8225 creditable toward the requirements of this subsection.
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8226 (3) An applicant for a Class "M" license shall qualify for
8227 licensure as a Class "MA" manager as outlined under subsection
8228 (2) and as a Class "MB" manager as outlined under s.
8229 493.6303(2).
8230 (2)(4) An applicant for a Class "C" license shall have 6
8231 months 2 years of lawfully gained, verifiable, full-time
8232 experience, or training in one, or a combination of more than
8233 one, of the following:
8234 (a) Private investigative work or related fields of work
8235 that provided equivalent experience or training.
8236 (b) College coursework related to criminal justice,
8237 criminology, or law enforcement administration, or successful
8238 completion of any law enforcement-related training received from
8239 any federal, state, county, or municipal agency, except that no
8240 more than 1 year may be used from this category.
8241 (c) Work as a Class "CC" licensed provisional private
8242 investigator intern.
8243
8244 However, experience in performing bodyguard services is not
8245 creditable toward the requirements of this subsection.
8246 (3)(5) An applicant for a Class "MA," Class "M," or Class
8247 "C" license must pass an examination that covers the provisions
8248 of this chapter and is administered by the department or by a
8249 provider approved by the department. The applicant must pass the
8250 examination before applying for licensure and must submit proof
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8251 with the license application on a form approved by rule of the
8252 department that he or she has passed the examination. The
8253 administrator of the examination shall verify the identity of
8254 each applicant taking the examination.
8255 (a) The examination requirement in this subsection does
8256 not apply to an individual who holds a valid Class "CC," or
8257 Class "C," Class "MA," or Class "M" license.
8258 (b) Notwithstanding the exemption provided in paragraph
8259 (a), if the license of an applicant for relicensure has been
8260 invalid for more than 1 year, the applicant must take and pass
8261 the examination.
8262 (c) The department shall establish by rule the content of
8263 the examination, the manner and procedure of its administration,
8264 and an examination fee that may not exceed $100.
8265 (4)(a)(6)(a) A Class "CC" licensee must serve an
8266 internship under the direction and control of a designated
8267 sponsor, who is a Class "C," Class "MA," or Class "M" licensee.
8268 (b) Before submission of an application to the department,
8269 the applicant for a Class "CC" license must have completed a
8270 minimum of 40 hours of professional training pertaining to
8271 general investigative techniques and this chapter, which course
8272 is offered by a state university or by a school, community
8273 college, college, or university under the purview of the
8274 Department of Education, and the applicant must pass an
8275 examination. The certificate evidencing satisfactory completion
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8276 of the 40 hours of professional training must be submitted with
8277 the application for a Class "CC" license. The training specified
8278 in this paragraph may be provided by face-to-face presentation,
8279 online technology, or a home study course in accordance with
8280 rules and procedures of the Department of Education. The
8281 administrator of the examination must verify the identity of
8282 each applicant taking the examination.
8283 1. Upon an applicant's successful completion of each part
8284 of the approved training and passage of any required
8285 examination, the school, community college, college, or
8286 university shall issue a certificate of completion to the
8287 applicant. The certificates must be on a form established by
8288 rule of the department.
8289 2. The department shall establish by rule the general
8290 content of the professional training and the examination
8291 criteria.
8292 3. If the license of an applicant for relicensure is
8293 invalid for more than 1 year, the applicant must complete the
8294 required training and pass any required examination.
8295 (c) An individual licensed on or before August 31, 2008,
8296 is not required to complete additional training hours in order
8297 to renew an active license beyond the total required hours, and
8298 the timeframe for completion in effect at the time he or she was
8299 licensed applies.
8300 (5)(7) In addition to any other requirement, an applicant
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8301 for a Class "G" license shall satisfy the firearms training set
8302 forth in s. 493.6115.
8303 Section 250. Section 493.6301, Florida Statutes, is
8304 amended to read:
8305 493.6301 Classes of licenses.—
8306 (1) Any person, firm, company, partnership, or corporation
8307 which engages in business as a security agency shall have a
8308 Class "B" license. A Class "B" license is valid for only one
8309 location.
8310 (2) Each branch office of a Class "B" agency shall have a
8311 Class "BB" license. Where a person, firm, company, partnership,
8312 or corporation holds both a Class "A" and Class "B" license,
8313 each branch office shall have a Class "AB" license.
8314 (3) Any individual who performs the services of a manager
8315 for a:
8316 (a) Class "B" security agency or Class "BB" branch office
8317 shall have a Class "MB" license. A Class "M" licensee, or a
8318 Class "D" licensee who has been so licensed for a minimum of 2
8319 years, may be designated as the manager, in which case the Class
8320 "MB" license is not required.
8321 (b) Class "A" and Class "B" agency or a Class "AB" branch
8322 office shall have a Class "M" license.
8323 (4) A Class "D" licensee shall own or be an employee of a
8324 Class "B" security agency or branch office. This does not
8325 include those individuals who are exempt under s. 493.6102(4)
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8326 but who possess a Class "D" license solely for the purpose of
8327 holding a Class "G" license.
8328 (2)(5) Any individual who performs the services of a
8329 security officer shall have a Class "D" license. However, a
8330 Class "C" licensee or a Class "CC" licensee may perform
8331 bodyguard services without a Class "D" license.
8332 (3)(6) Only Class "M," Class "MB," or Class "D" licensees
8333 are permitted to bear a firearm, and any such licensee who bears
8334 a firearm shall also have a Class "G" license.
8335 (4)(7) Any person who operates a security officer school
8336 or training facility must have a Class "DS" license.
8337 (5)(8) Any individual who teaches or instructs at a Class
8338 "DS" security officer school or training facility must have a
8339 Class "DI" license.
8340 Section 251. Section 493.6302, Florida Statutes, is
8341 amended to read:
8342 493.6302 Fees.—
8343 (1) The department shall establish by rule license fees,
8344 not to exceed the following:
8345 (a) Class "B" license—security agency: $450.
8346 (b) Class "BB" or Class "AB" license—branch office: $125.
8347 (c) Class "MB" license—security agency manager: $75.
8348 (a)(d) Class "D" license—security officer: $45.
8349 (b)(e) Class "DS" license—security officer school or
8350 training facility: $60.
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8351 (c)(f) Class "DI" license—security officer school or
8352 training facility instructor: $60.
8353 (2) The department may establish by rule a fee for the
8354 replacement or revision of a license, which fee shall not exceed
8355 $30.
8356 (3) The fees set forth in this section must be paid by
8357 check or money order or, at the discretion of the department, by
8358 electronic funds transfer at the time the application is
8359 approved, except that the applicant for a Class "D," or Class
8360 "G," Class "M," or Class "MB" license must pay the license fee
8361 at the time the application is made. If a license is revoked or
8362 denied or if the application is withdrawn, the license fee is
8363 nonrefundable.
8364 (4) The initial license fee for a veteran, as defined in
8365 s. 1.01, shall be waived if he or she applies for a Class "D,"
8366 or Class "DI," or Class "MB" license within 24 months after
8367 being discharged from any branch of the United States Armed
8368 Forces. An eligible veteran must include a copy of his or her DD
8369 Form 214, as issued by the United States Department of Defense,
8370 or another acceptable form of identification as specified by the
8371 Department of Veterans' Affairs with his or her application in
8372 order to obtain a waiver.
8373 Section 252. Subsections (2) and (3) of section 493.6303,
8374 Florida Statutes, are amended to read:
8375 493.6303 License requirements.—In addition to the license
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8376 requirements set forth elsewhere in this chapter, each
8377 individual or agency must comply with the following additional
8378 requirements:
8379
8380 (2) An applicant for a Class "MB" license shall have 2
8381 years of lawfully gained, verifiable, full-time experience, or
8382 training in:
8383 (a) Security work or related fields of work that provided
8384 equivalent experience or training;
8385 (b) Experience described in paragraph (a) for 1 year and
8386 experience described in paragraph (c) for 1 year;
8387 (c) No more than 1 year using:
8388 1. Either college coursework related to criminal justice,
8389 criminology, or law enforcement administration; or
8390 2. Successfully completed law enforcement-related training
8391 received from any federal, state, county, or municipal agency;
8392 or
8393 (d) Experience described in paragraph (a) for 1 year and
8394 work in a managerial or supervisory capacity for 1 year.
8395 (3) An applicant for a Class "M" license shall qualify for
8396 licensure as a Class "MA" manager as outlined under s.
8397 493.6203(2) and as a Class "MB" manager as outlined under
8398 subsection (2).
8399 Section 253. Subsection (1) of section 493.6304, Florida
8400 Statutes, is amended to read:
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8401 493.6304 Security officer school or training facility.—
8402 (1) Any school, training facility, or instructor who
8403 offers the training specified in s. 493.6303(2) s. 493.6303(4)
8404 for Class "D" applicants shall, before licensure of such school,
8405 training facility, or instructor, file with the department an
8406 application accompanied by an application fee in an amount to be
8407 determined by rule, not to exceed $60. The fee is not
8408 refundable.
8409 Section 254. Subsection (2) of section 493.631, Florida
8410 Statutes, is amended to read:
8411 493.631 Temporary detention by a licensed security officer
8412 or licensed security agency manager at critical infrastructure
8413 facilities.—
8414 (2) As used in this section, the terms "security officer"
8415 and "security agency manager" mean a security officer or
8416 security agency manager who possess a valid Class "D" or Class
8417 "MB" license pursuant to s. 493.6301 and a valid Class "G"
8418 license pursuant to s. 493.6115.
8419 Section 255. Section 493.6401, Florida Statutes, is
8420 amended to read:
8421 493.6401 Classes of licenses.—
8422 (1) Any person, firm, company, partnership, or corporation
8423 which engages in business as a recovery agency shall have a
8424 Class "R" license. A Class "R" license is valid for any only one
8425 location.
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8426 (2) Each branch office of a Class "R" agency shall have a
8427 Class "RR" license.
8428 (3) Any individual who performs the services of a manager
8429 for a Class "R" recovery agency or a Class "RR" branch office
8430 must have a Class "MR" license. A Class "E" licensee may be
8431 designated as the manager, in which case the Class "MR" license
8432 is not required.
8433 (2)(4) Any individual who performs the services of a
8434 recovery agent must have a Class "E" license.
8435 (5) Any individual who performs repossession as an intern
8436 under the direction and control of a designated, sponsoring
8437 Class "E" licensee or a designated, sponsoring Class "MR"
8438 licensee shall have a Class "EE" license.
8439 (3)(6) Class "E" or Class "EE" licensees shall own or be
8440 an employee of a Class "R" agency or branch office.
8441 (4)(7) Any person who operates a recovery agent school or
8442 training facility or who conducts an Internet-based training
8443 course or a correspondence training course must have a Class
8444 "RS" license.
8445 (5)(8) Any individual who teaches or instructs at a Class
8446 "RS" recovery agent school or training facility shall have a
8447 Class "RI" license.
8448 Section 256. Section 493.6402, Florida Statutes, is
8449 amended to read:
8450 493.6402 Fees.—
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8451 (1) The department shall establish by rule license fees
8452 not to exceed the following:
8453 (a) Class "R" license—recovery agency: $450.
8454 (b) Class "RR" license—branch office: $125.
8455 (c) Class "MR" license—recovery agency manager: $75.
8456 (b)(d) Class "E" license—recovery agent: $75.
8457 (e) Class "EE" license—recovery agent intern: $60.
8458 (c)(f) Class "RS" license—recovery agent school or
8459 training facility: $60.
8460 (d)(g) Class "RI" license—recovery agent school or
8461 training facility instructor: $60.
8462 (2) The department may establish by rule a fee for the
8463 replacement or revision of a license, which fee shall not exceed
8464 $30.
8465 (3) The fees set forth in this section must be paid by
8466 check or money order, or, at the discretion of the department,
8467 by electronic funds transfer at the time the application is
8468 approved, except that the applicant for a Class "E," Class "EE,"
8469 or Class "MR" license must pay the license fee at the time the
8470 application is made. If a license is revoked or denied, or if an
8471 application is withdrawn, the license fee is nonrefundable.
8472 (4) The initial license fee for a veteran, as defined in
8473 s. 1.01, shall be waived if he or she applies for a Class "E,"
8474 Class "EE," Class "MR," or Class "RI" license within 24 months
8475 after being discharged from any branch of the United States
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8476 Armed Forces. An eligible veteran must include a copy of his or
8477 her DD Form 214, as issued by the United States Department of
8478 Defense, or another acceptable form of identification as
8479 specified by the Department of Veterans' Affairs with his or her
8480 application in order to obtain a waiver.
8481 Section 257. Section 493.6403, Florida Statutes, is
8482 amended to read:
8483 493.6403 License requirements.—
8484 (1) In addition to the license requirements set forth in
8485 this chapter, each individual or agency shall comply with the
8486 following additional requirements:
8487 (a) Each agency or branch office must designate a minimum
8488 of one appropriately licensed individual to act as manager,
8489 directing the activities of the Class "E" or Class "EE"
8490 employees. A Class "E" licensee may be designated to act as
8491 manager of a Class "R" agency or branch office in which case the
8492 Class "MR" license is not required.
8493 (b) An applicant for Class "MR" license shall have at
8494 least 1 year of lawfully gained, verifiable, full-time
8495 experience as a Class "E" licensee performing repossessions of
8496 motor vehicles, mobile homes, motorboats, aircraft, personal
8497 watercraft, all-terrain vehicles, farm equipment, or industrial
8498 equipment.
8499 (b)(c) An applicant for a Class "E" license shall have at
8500 least 1 year of lawfully gained, verifiable, full-time
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8501 experience in one, or a combination of more than one, of the
8502 following:
8503 1. repossession of motor vehicles as defined in s.
8504 320.01(1), mobile homes as defined in s. 320.01(2), motorboats
8505 as defined in s. 327.02, aircraft as defined in s. 330.27,
8506 personal watercraft as defined in s. 327.02, all-terrain
8507 vehicles as defined in s. 316.2074, farm equipment as defined
8508 under s. 686.402, or industrial equipment as defined in s.
8509 493.6101(22).
8510 2. Work as a Class "EE" licensed intern.
8511 (2) An applicant for a Class "E" or a Class "EE" license
8512 must submit proof of successful completion of 40 hours of
8513 professional training at a school or training facility licensed
8514 by the department. The department shall by rule establish the
8515 general content for the training.
8516 Section 258. Subsection (1) of section 493.6406, Florida
8517 Statutes, is amended to read:
8518 493.6406 Recovery agent school or training facility.—
8519 (1) Any school, training facility, or instructor who
8520 offers the training outlined in s. 493.6403(2) for Class "E" or
8521 Class "EE" applicants shall, before licensure of such school,
8522 training facility, or instructor, file with the department an
8523 application accompanied by an application fee in an amount to be
8524 determined by rule, not to exceed $60. The fee shall not be
8525 refundable. This training may be offered as face-to-face
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8526 training, Internet-based training, or correspondence training.
8527 Section 259. Paragraph (b) of subsection (1) of section
8528 499.067, Florida Statutes, is amended to read:
8529 499.067 Denial, suspension, or revocation of permit,
8530 certification, or registration.—
8531 (1)
8532 (b) The department may deny an application for a permit or
8533 certification, or suspend or revoke a permit or certification,
8534 if the department finds that:
8535 1. The applicant is not of good moral character or that it
8536 would be a danger or not in the best interest of the public
8537 health, safety, and welfare if the applicant were issued a
8538 permit or certification.
8539 2. The applicant has not met the requirements for the
8540 permit or certification.
8541 3. The applicant is not eligible for a permit or
8542 certification for any of the reasons enumerated in s. 499.012.
8543 4. The applicant, or permittee, or person certified under
8544 s. 499.012(15) demonstrates any of the conditions enumerated in
8545 s. 499.012.
8546 5. The applicant, or permittee, or person certified under
8547 s. 499.012(15) has committed any violation of this chapter.
8548 Section 260. Subsection (2) of section 501.015, Florida
8549 Statutes, is amended to read:
8550 501.015 Health studios; registration requirements and
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8551 fees.—Each health studio shall:
8552 (2) Remit a an annual registration fee every 4 years of
8553 $300 to the department at the time of registration for each of
8554 the health studio's business locations.
8555 (a) The department shall waive the initial registration
8556 fee for an honorably discharged veteran of the United States
8557 Armed Forces, the spouse or surviving spouse of such a veteran,
8558 a current member of the United States Armed Forces who has
8559 served on active duty, the spouse of such a member, the
8560 surviving spouse of a member of the United States Armed Forces
8561 if the member died while serving on active duty, or a business
8562 entity that has a majority ownership held by such a veteran or
8563 spouse or surviving spouse if the department receives an
8564 application, in a format prescribed by the department. The
8565 application format must include the applicant's signature, under
8566 penalty of perjury, and supporting documentation. To qualify for
8567 the waiver:
8568 1. A veteran must provide to the department a copy of his
8569 or her DD Form 214, as issued by the United States Department of
8570 Defense, or another acceptable form of identification as
8571 specified by the Department of Veterans' Affairs;
8572 2. The spouse or surviving spouse of a veteran must
8573 provide to the department a copy of the veteran's DD Form 214,
8574 as issued by the United States Department of Defense, or another
8575 acceptable form of identification as specified by the Department
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8576 of Veterans' Affairs, and a copy of a valid marriage license or
8577 certificate verifying that he or she was lawfully married to the
8578 veteran at the time of discharge; or
8579 3. A business entity must provide to the department proof
8580 that a veteran or the spouse or surviving spouse of a veteran
8581 holds a majority ownership in the business, a copy of the
8582 veteran's DD Form 214, as issued by the United States Department
8583 of Defense, or another acceptable form of identification as
8584 specified by the Department of Veterans' Affairs, and, if
8585 applicable, a copy of a valid marriage license or certificate
8586 verifying that the spouse or surviving spouse of the veteran was
8587 lawfully married to the veteran at the time of discharge.
8588 (b) The department shall waive the registration renewal
8589 fee for a registrant who:
8590 1. Is an active duty member of the United States Armed
8591 Forces or the spouse of such member;
8592 2. Is or was a member of the United States Armed Forces
8593 and served on active duty within the 2 years preceding the
8594 renewal date. To qualify for the fee waiver, a registrant who is
8595 a former member of the United States Armed Forces who served on
8596 active duty within the 2 years preceding the expiration date of
8597 the registration must have received an honorable discharge upon
8598 separation or discharge from the United States Armed Forces; or
8599 3. Is the surviving spouse of a member of the United
8600 States Armed Forces if the member was serving on active duty at
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8601 the time of death and died within the 2 years preceding the date
8602 of renewal.
8603
8604 A registrant seeking such waiver must apply in a format
8605 prescribed by the department, including the applicant's
8606 signature, under penalty of perjury, and supporting
8607 documentation.
8608 Section 261. Subsections (1) and (5) of section 501.609,
8609 Florida Statutes, are amended to read:
8610 501.609 License renewal.—
8611 (1) Each person licensed under the provisions of this part
8612 must renew his or her license every 4 years annually by paying
8613 the fee for licensing and submitting to the department the
8614 application required by this part.
8615 (5) The department shall waive the annual fee to renew for
8616 a licensee who:
8617 (a) Is an active duty member of the United States Armed
8618 Forces or the spouse of such member;
8619 (b) Is or was a member of the United States Armed Forces,
8620 and served on active duty within the 2 years preceding the
8621 renewal date. To qualify for the fee waiver, a licensee who is a
8622 former member of the United States Armed Forces who served on
8623 active duty within the 2 years preceding the expiration date of
8624 the registration must have received an honorable discharge upon
8625 separation or discharge from the United States Armed Forces; or
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8626 (c) Is the surviving spouse of a member of the United
8627 States Armed Forces if the member was serving on active duty at
8628 the time of death and died within the 2 years preceding the
8629 renewal.
8630
8631 A licensee seeking such waiver must apply in a format prescribed
8632 by the department, including the applicant's signature, under
8633 penalty of perjury, and supporting documentation.
8634 Section 262. Subsection (4) of section 507.03, Florida
8635 Statutes, is amended to read:
8636 507.03 Registration.—
8637 (4) A registration must be renewed every 4 years
8638 biennially on or before its expiration date. In order to
8639 establish staggered expiration dates, the department may extend
8640 the expiration date of a registration for a period not to exceed
8641 12 months.
8642 Section 263. Subsection (3) of section 514.0315, Florida
8643 Statutes, is amended to read:
8644 514.0315 Required safety features for public swimming
8645 pools and spas.—
8646 (3) The determination and selection of a feature under
8647 subsection (2) for a public swimming pool or spa constructed
8648 before January 1, 1993, is at the sole discretion of the owner
8649 or operator of the public swimming pool or spa. A licensed
8650 contractor described in s. 489.105(2)(j), (k), or (l) s.
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8651 489.105(3)(j), (k), or (l) must install the feature.
8652 Section 264. Section 514.075, Florida Statutes, is amended
8653 to read:
8654 514.075 Public pool service technician; certification.—The
8655 department may require that a public pool, as defined in s.
8656 514.011, be serviced by a person certified as a pool service
8657 technician. To be certified, an individual must demonstrate
8658 knowledge of public pools which includes, but is not limited to:
8659 pool cleaning; general pool maintenance; source of the water
8660 supply; bacteriological, chemical, and physical quality of
8661 water; and water purification, testing, treatment, and
8662 disinfection procedures. The department may, by rule, establish
8663 the requirement for the certification course and course
8664 approval. The department shall deem certified any individual who
8665 is certified by a course of national recognition or any person
8666 licensed under s. 489.105(2)(j), (k), or (l) s. 489.105(3)(j),
8667 (k), or (l). This requirement does not apply to a person, or the
8668 direct employee of a person, permitted as a public pool operator
8669 under s. 514.031.
8670 Section 265. Section 527.03, Florida Statutes, is amended
8671 to read:
8672 527.03 Renewal of license.—All licenses required under
8673 this chapter shall be renewed every 4 years annually,
8674 biennially, or triennially, as elected by the licensee, subject
8675 to the license fees prescribed in s. 527.02. All renewals must
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8676 meet the same requirements and conditions as an annual license
8677 for each licensed year. Any license allowed to expire will
8678 become inoperative because of failure to renew. The fee for
8679 restoration of a license is equal to the original license fee
8680 and must be paid before the licensee may resume operations.
8681 Section 266. Paragraph (c) of subsection (3) of section
8682 539.001, Florida Statutes, is amended to read:
8683 539.001 The Florida Pawnbroking Act.—
8684 (3) LICENSE REQUIRED.—
8685 (c) Each license is valid for a period of 4 years 1 year
8686 unless it is earlier relinquished, suspended, or revoked. Each
8687 license shall be renewed every 4 years annually, and each
8688 licensee shall, initially and annually thereafter, pay to the
8689 agency a license fee of $300 for each license held. The agency
8690 shall waive the initial license fee for an honorably discharged
8691 veteran of the United States Armed Forces, the spouse or
8692 surviving spouse of such a veteran, a current member of the
8693 United States Armed Forces who has served on active duty, the
8694 spouse of such a member, the surviving spouse of a member of the
8695 United States Armed Forces if the member died while serving on
8696 active duty, or a business entity that has a majority ownership
8697 held by such a veteran or spouse or surviving spouse if the
8698 agency receives an application, in a format prescribed by the
8699 agency. The application format must include the applicant's
8700 signature, under penalty of perjury, and supporting
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8701 documentation. To qualify for the waiver:
8702 1. A veteran must provide to the agency a copy of his or
8703 her DD Form 214, as issued by the United States Department of
8704 Defense, or another acceptable form of identification as
8705 specified by the Department of Veterans' Affairs;
8706 2. The spouse or surviving spouse of a veteran must
8707 provide to the agency a copy of the veteran's DD Form 214, as
8708 issued by the United States Department of Defense, or another
8709 acceptable form of identification as specified by the Department
8710 of Veterans' Affairs, and a copy of a valid marriage license or
8711 certificate verifying that he or she was lawfully married to the
8712 veteran at the time of discharge; or
8713 3. A business entity must provide to the agency proof that
8714 a veteran or the spouse or surviving spouse of a veteran holds a
8715 majority ownership in the business, a copy of the veteran's DD
8716 Form 214, as issued by the United States Department of Defense,
8717 or another acceptable form of identification as specified by the
8718 Department of Veterans' Affairs, and, if applicable, a copy of a
8719 valid marriage license or certificate verifying that the spouse
8720 or surviving spouse of the veteran was lawfully married to the
8721 veteran at the time of discharge.
8722 Section 267. Subsection (10) of section 553.79, Florida
8723 Statutes, is amended to read:
8724 553.79 Permits; applications; issuance; inspections.—
8725 (10) No enforcing agency may issue a building permit for
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8726 construction of any threshold building except to a licensed
8727 general contractor, as defined in s. 489.105(2)(a) s.
8728 489.105(3)(a), or to a licensed building contractor, as defined
8729 in s. 489.105(2)(b) s. 489.105(3)(b), within the scope of her or
8730 his license. The named contractor to whom the building permit is
8731 issued shall have the responsibility for supervision, direction,
8732 management, and control of the construction activities on the
8733 project for which the building permit was issued.
8734 Section 268. Paragraph (d) of subsection (1) of section
8735 553.791, Florida Statutes, is amended to read:
8736 553.791 Alternative plans review and inspection.—
8737 (1) As used in this section, the term:
8738 (d) "Building code inspection services" means those
8739 services described in s. 468.603 (4) and (7) s. 468.603(5) and
8740 (8) involving the review of building plans as well as those
8741 services involving the review of site plans and site work
8742 engineering plans or their functional equivalent, to determine
8743 compliance with applicable codes and those inspections required
8744 by law, conducted either in person or virtually, of each phase
8745 of construction for which permitting by a local enforcement
8746 agency is required to determine compliance with applicable
8747 codes.
8748 Section 269. Section 553.998, Florida Statutes, is amended
8749 to read:
8750 553.998 Compliance.—All ratings must be determined using
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8751 tools and procedures developed by the systems recognized under
8752 this part and must be certified by the rater as accurate and
8753 correct and in compliance with procedures of the system under
8754 which the rater is certified. The local enforcement agency shall
8755 accept duct and air infiltration tests conducted in accordance
8756 with the Florida Building Code, 5th Edition (2014) Energy
8757 Conservation, by individuals as defined in s. 553.993(5) or (7)
8758 or individuals licensed as set forth in s. 489.105(2)(f), (g),
8759 or (i) s. 489.105(3)(f), (g), or (i). The local enforcement
8760 agency may accept inspections in whole or in part by individuals
8761 as defined in s. 553.993(5) or (7).
8762 Section 270. Subsections (2), (5), and (8) of section
8763 559.904, Florida Statutes, are amended to read:
8764 559.904 Motor vehicle repair shop registration;
8765 application; exemption.—
8766 (2) Any motor vehicle repair shop maintaining more than
8767 one place of business may file a single application every 4
8768 years biennially, which, along with the other information
8769 required by this part, clearly indicates the location of and the
8770 individual in charge of each facility or in the case of a mobile
8771 motor vehicle repair shop, the home address of the owner, if
8772 different from the business address. In such case, fees shall be
8773 paid for each place of business.
8774 (5) No biennial registration fee is required for any motor
8775 vehicle repair shop which has a local municipal or county
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8776 license issued pursuant to an ordinance containing standards
8777 which the department determines are at least equal to the
8778 requirements of this part, or for any motor vehicle dealer
8779 licensed pursuant to chapter 320.
8780 (8) Each registration must be renewed biennially on or
8781 before the expiration date of the current registration. A late
8782 fee of $25 shall be paid, in addition to the registration fee or
8783 any other penalty, for any registration renewal application that
8784 is received by the department after the expiration date of the
8785 current registration. The department may not issue the
8786 registration until all fees are paid.
8787 Section 271. Subsection (3) of section 559.928, Florida
8788 Statutes, is amended to read:
8789 559.928 Registration.—
8790 (3) Each independent agent shall annually file an
8791 application with the department every 4 years before engaging in
8792 business in this state. This application must include the
8793 independent agent's full name, legal business or trade name,
8794 mailing address, business address, telephone number, and the
8795 name and address of each seller of travel represented by the
8796 independent agent. A letter evidencing proof of filing must be
8797 issued by the department and must be prominently displayed in
8798 the independent agent's primary place of business. Each
8799 independent agent must also submit a an annual registration fee
8800 of $50. All moneys collected pursuant to the imposition of the
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8801 fee shall be deposited by the Chief Financial Officer into the
8802 General Inspection Trust Fund of the Department of Agriculture
8803 and Consumer Services for the sole purpose of administrating
8804 this part. As used in this subsection, the term "independent
8805 agent" means a person who represents a seller of travel by
8806 soliciting persons on its behalf; who has a written contract
8807 with a seller of travel which is operating in compliance with
8808 this part and any rules adopted thereunder; who does not receive
8809 a fee, commission, or other valuable consideration directly from
8810 the purchaser for the seller of travel; who does not at any time
8811 have any unissued ticket stock or travel documents in his or her
8812 possession; and who does not have the ability to issue tickets,
8813 vacation certificates, or any other travel document. The term
8814 "independent agent" does not include an affiliate of the seller
8815 of travel, as that term is used in s. 559.935(3), or the
8816 employees of the seller of travel or of such affiliates.
8817 Section 272. Paragraph (a) of subsection (2) of section
8818 627.192, Florida Statutes, is amended to read:
8819 627.192 Workers' compensation insurance; employee leasing
8820 arrangements.—
8821 (2) For purposes of the Florida Insurance Code:
8822 (a) "Employee leasing" shall have the same meaning as
8823 provided in s. 468.520(3) set forth in s. 468.520(4).
8824 Section 273. Subsection (6) of section 633.216, Florida
8825 Statutes, is amended to read:
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8826 633.216 Inspection of buildings and equipment; orders;
8827 firesafety inspection training requirements; certification;
8828 disciplinary action.—The State Fire Marshal and her or his
8829 agents or persons authorized to enforce laws and rules of the
8830 State Fire Marshal shall, at any reasonable hour, when the State
8831 Fire Marshal has reasonable cause to believe that a violation of
8832 this chapter or s. 509.215, or a rule adopted thereunder, or a
8833 minimum firesafety code adopted by the State Fire Marshal or a
8834 local authority, may exist, inspect any and all buildings and
8835 structures which are subject to the requirements of this chapter
8836 or s. 509.215 and rules adopted thereunder. The authority to
8837 inspect shall extend to all equipment, vehicles, and chemicals
8838 which are located on or within the premises of any such building
8839 or structure.
8840 (6) The division and the Florida Building Code
8841 Administrators and Inspectors Board, established pursuant to s.
8842 468.605, shall enter into a reciprocity agreement to facilitate
8843 joint recognition of continuing education recertification hours
8844 for certificateholders licensed under s. 468.609 and firesafety
8845 inspectors certified under subsection (2).
8846 Section 274. Subsection (8) of section 713.01, Florida
8847 Statutes, is amended to read:
8848 713.01 Definitions.—As used in this part, the term:
8849 (8) "Contractor" means a person other than a materialman
8850 or laborer who enters into a contract with the owner of real
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8851 property for improving it or who takes over from a contractor as
8852 so defined the entire remaining work under such contract. The
8853 term "contractor" includes an architect, landscape architect, or
8854 engineer who improves real property pursuant to a design-build
8855 contract authorized by s. 489.103(16). The term also includes a
8856 licensed general contractor or building contractor, as those
8857 terms are defined in s. 489.105(2)(a) and (b) s. 489.105(3)(a)
8858 and (b), respectively, who provides construction management
8859 services, which include scheduling and coordinating
8860 preconstruction and construction phases for the construction
8861 project, or who provides program management services, which
8862 include schedule control, cost control, and coordinating the
8863 provision or procurement of planning, design, and construction
8864 for the construction project.
8865 Section 275. Subsection (4) of section 259.1053, Florida
8866 Statutes, is amended, to read:
8867 259.1053 Babcock Ranch Preserve; Babcock Ranch Advisory
8868 Group.—
8869 (4) BABCOCK RANCH ADVISORY GROUP.—
8870 (a) The purpose of the Babcock Ranch Advisory Group is to
8871 assist the department by providing guidance and advice
8872 concerning the management and stewardship of the Babcock Ranch
8873 Preserve.
8874 (b) The Babcock Ranch Advisory Group shall be comprised of
8875 nine members appointed to 5-year terms. Based on recommendations
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8876 from the Governor and Cabinet, the commission, and the governing
8877 boards of Charlotte County and Lee County, the commissioner
8878 shall appoint members as follows:
8879 1. One member with experience in sustainable management of
8880 forest lands for commodity purposes.
8881 2. One member with experience in financial management,
8882 budget and program analysis, and small business operations.
8883 3. One member with experience in management of game and
8884 nongame wildlife and fish populations, including hunting,
8885 fishing, and other recreational activities.
8886 4. One member with experience in domesticated livestock
8887 management, production, and marketing, including range
8888 management and livestock business management.
8889 5. One member with experience in agriculture operations or
8890 forestry management.
8891 6. One member with experience in hunting, fishing, nongame
8892 species management, or wildlife habitat management, restoration,
8893 and conservation.
8894 7. One member with experience in public outreach and
8895 education.
8896 8. One member who is a resident of Lee County, to be
8897 designated by the Board of County Commissioners of Lee County.
8898 9. One member who is a resident of Charlotte County, to be
8899 designated by the Board of County Commissioners of Charlotte
8900 County.
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8901
8902 Vacancies will be filled in the same manner in which the
8903 original appointment was made. A member appointed to fill a
8904 vacancy shall serve for the remainder of that term.
8905 (c) Members of the Babcock Ranch Advisory Group shall:
8906 1. Elect a chair and vice chair from among the group
8907 members.
8908 2. Meet regularly as determined by the chair.
8909 3. Serve without compensation but shall receive
8910 reimbursement for travel and per diem expenses as provided in s.
8911 112.061.
8912 Section 276. Subsection (2) of section 399.035, Florida
8913 Statutes, is amended to read:
8914 399.035 Elevator accessibility requirements for the
8915 physically handicapped.—
8916 (2) Any building that is more than three stories high or
8917 in which the vertical distance between the bottom terminal
8918 landing and the top terminal landing exceeds 25 feet must be
8919 constructed to contain at least one passenger elevator that is
8920 operational and will accommodate an ambulance stretcher size
8921 specified in the edition of the Florida Building Code that was
8922 in effect at the time of receipt of an application for
8923 construction permit for the elevator 76 inches long and 24
8924 inches wide in the horizontal position.
8925 Section 277. Paragraph (a) of subsection (3) of section
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8926 455.02, Florida Statutes, is amended to read:
8927 455.02 Licensure of members of the Armed Forces in good
8928 standing and their spouses or surviving spouses with
8929 administrative boards or programs.—
8930 (3)(a) The department shall issue a professional license
8931 to an applicant who is or was an active duty member of the Armed
8932 Forces of the United States, or who is a spouse or surviving
8933 spouse of such member, upon application to the department in a
8934 format prescribed by the department. An application must include
8935 proof that:
8936 1. The applicant is or was an active duty member of the
8937 Armed Forces of the United States or is married to a member of
8938 the Armed Forces of the United States and was married to the
8939 member during any period of active duty or was married to such a
8940 member who at the time of the member's death was serving on
8941 active duty. An applicant who was an active duty member of the
8942 Armed Forces of the United States must have received an
8943 honorable discharge upon separation or discharge from the Armed
8944 Forces of the United States.
8945 2. The applicant holds a valid license for the profession
8946 issued by another state, the District of Columbia, any
8947 possession or territory of the United States, or any foreign
8948 jurisdiction.
8949 3. The applicant, where required by the specific practice
8950 act, has complied with insurance or bonding requirements.
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8951 4.a. A complete set of the applicant's fingerprints is
8952 submitted to the Department of Law Enforcement for a statewide
8953 criminal history check for those professions that require
8954 fingerprints for initial licensure.
8955 b. The Department of Law Enforcement shall forward the
8956 fingerprints submitted pursuant to sub-subparagraph a. to the
8957 Federal Bureau of Investigation for a national criminal history
8958 check. The department shall, and the board may, review the
8959 results of the criminal history checks according to the level 2
8960 screening standards in s. 435.04 and determine whether the
8961 applicant meets the licensure requirements. The costs of
8962 fingerprint processing shall be borne by the applicant. If the
8963 applicant's fingerprints are submitted through an authorized
8964 agency or vendor, the agency or vendor must shall collect the
8965 required processing fees and remit the fees to the Department of
8966 Law Enforcement.
8967 Section 278. Subsection (1), paragraph (c) of subsection
8968 (2), subsections (4) and (5), paragraphs (b) and (e) of
8969 subsection (6), paragraphs (a) and (c) of subsection (7), and
8970 subsections (8) and (10) of section 468.609, Florida Statutes,
8971 are amended to read:
8972 468.609 Administration of this part; standards for
8973 certification; additional categories of certification.—
8974 (1) Except as provided in this part, any person who
8975 desires to be certified shall apply to the department board, in
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8976 writing upon forms approved and furnished by the department
8977 board, to take the certification examination.
8978 (2) A person may take the examination for certification as
8979 a building code inspector or plans examiner pursuant to this
8980 part if the person:
8981 (c) Meets eligibility requirements according to one of the
8982 following criteria:
8983 1. Demonstrates 4 years' combined experience in the field
8984 of construction or a related field, building code inspection, or
8985 plans review corresponding to the certification category sought;
8986 2. Demonstrates a combination of postsecondary education
8987 in the field of construction or a related field and experience
8988 which totals 3 years, with at least 1 year of such total being
8989 experience in construction, building code inspection, or plans
8990 review;
8991 3. Demonstrates a combination of technical education in
8992 the field of construction or a related field and experience
8993 which totals 3 years, with at least 1 year of such total being
8994 experience in construction, building code inspection, or plans
8995 review;
8996 4. Currently holds a standard certificate issued by the
8997 department board or a firesafety inspector license issued under
8998 chapter 633, with a minimum of 3 years' verifiable full-time
8999 experience in firesafety inspection or firesafety plan review,
9000 and has satisfactorily completed a building code inspector or
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9001 plans examiner training program that provides at least 100 hours
9002 but not more than 200 hours of cross-training in the
9003 certification category sought. The department board shall
9004 establish by rule criteria for the development and
9005 implementation of the training programs. The department board
9006 must accept all classroom training offered by an approved
9007 provider if the content substantially meets the intent of the
9008 classroom component of the training program;
9009 5. Demonstrates a combination of the completion of an
9010 approved training program in the field of building code
9011 inspection or plan review and a minimum of 2 years' experience
9012 in the field of building code inspection, plan review, fire code
9013 inspections and fire plans review of new buildings as a
9014 firesafety inspector certified under s. 633.216, or
9015 construction. The approved training portion of this requirement
9016 must include proof of satisfactory completion of a training
9017 program that provides at least 200 hours but not more than 300
9018 hours of cross-training that is approved by the department board
9019 in the chosen category of building code inspection or plan
9020 review in the certification category sought with at least 20
9021 hours but not more than 30 hours of instruction in state laws,
9022 rules, and ethics relating to professional standards of
9023 practice, duties, and responsibilities of a certificateholder.
9024 The department board shall coordinate with the Building
9025 Officials Association of Florida, Inc., to establish by rule the
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9026 development and implementation of the training program. However,
9027 the department board must accept all classroom training offered
9028 by an approved provider if the content substantially meets the
9029 intent of the classroom component of the training program;
9030 6. Currently holds a standard certificate issued by the
9031 department board or a firesafety inspector license issued under
9032 chapter 633 and:
9033 a. Has at least 4 years' verifiable full-time experience
9034 as an inspector or plans examiner in a standard certification
9035 category currently held or has a minimum of 4 years' verifiable
9036 full-time experience as a firesafety inspector licensed under
9037 chapter 633.
9038 b. Has satisfactorily completed a building code inspector
9039 or plans examiner classroom training course or program that
9040 provides at least 200 but not more than 300 hours in the
9041 certification category sought, except for residential training
9042 programs, which must provide at least 500 but not more than 800
9043 hours of training as prescribed by the department board. The
9044 department board shall establish by rule criteria for the
9045 development and implementation of classroom training courses and
9046 programs in each certification category; or
9047 7.a. Has completed a 4-year internship certification
9048 program as a building code inspector or plans examiner,
9049 including an internship program for residential inspectors,
9050 while also employed full time by a municipality, county, or
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9051 other governmental jurisdiction, under the direct supervision of
9052 a certified building official. A person may also complete the
9053 internship certification program, including an internship
9054 program for residential inspectors, while employed full time by
9055 a private provider or a private provider's firm that performs
9056 the services of a building code inspector or plans examiner,
9057 while under the direct supervision of a certified building
9058 official. Proof of graduation with a related vocational degree
9059 or college degree or of verifiable work experience may be
9060 exchanged for the internship experience requirement year-for-
9061 year, but may reduce the requirement to no less than 1 year.
9062 Proof of verifiable work experience as an inspector or plans
9063 examiner of any other type may be exchanged for the internship
9064 experience requirement year-for-year, but may reduce the
9065 requirement to no less than 1 year.
9066 b. Has passed an examination administered by the
9067 International Code Council in the certification category sought.
9068 Such examination must be passed before beginning the internship
9069 certification program.
9070 c. Has passed the principles and practice examination
9071 before completing the internship certification program.
9072 d. Has passed a department-approved board-approved 40-hour
9073 code training course in the certification category sought before
9074 completing the internship certification program.
9075 e. Has obtained a favorable recommendation from the
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9076 supervising building official after completion of the internship
9077 certification program.
9078 (4) No person may engage in the duties of a building code
9079 administrator, plans examiner, or building code inspector
9080 pursuant to this part after October 1, 1993, unless such person
9081 possesses one of the following types of certificates, currently
9082 valid, issued by the department board attesting to the person's
9083 qualifications to hold such position:
9084 (a) A standard certificate.
9085 (b) A limited certificate.
9086 (c) A provisional certificate.
9087 (5)(a) To obtain a standard certificate, an individual
9088 must pass an examination approved by the department board which
9089 demonstrates that the applicant has fundamental knowledge of the
9090 state laws and codes relating to the construction of buildings
9091 for which the applicant has building code administration, plans
9092 examination, or building code inspection responsibilities. It is
9093 the intent of the Legislature that the examination approved for
9094 certification pursuant to this part be substantially equivalent
9095 to the examinations administered by the International Code
9096 Council.
9097 (b) A standard certificate shall be issued to each
9098 applicant who successfully completes the examination, which
9099 certificate authorizes the individual named thereon to practice
9100 throughout the state as a building code administrator, plans
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9101 examiner, or building code inspector within such class and level
9102 as is specified by the department board.
9103 (c) The department board may accept proof that the
9104 applicant has passed an examination which is substantially
9105 equivalent to the department-approved board-approved examination
9106 set forth in this section.
9107 (6)
9108 (b) By October 1, 1993, individuals who were employed on
9109 July 1, 1993, as building code administrators, plans examiners,
9110 or building code inspectors, who are not eligible for a standard
9111 certificate, but who wish to continue in such employment, shall
9112 submit to the department board the appropriate application and
9113 certification fees and shall receive a limited certificate
9114 qualifying them to engage in building code administration, plans
9115 examination, or building code inspection in the class, at the
9116 performance level, and within the governmental jurisdiction in
9117 which such person is employed.
9118 (e) By March 1, 2003, or 1 year after the Florida Building
9119 Code is implemented, whichever is later, individuals who were
9120 employed by an educational board, the Department of Education,
9121 or the State University System as building code administrators,
9122 plans examiners, or inspectors, who do not wish to apply for a
9123 standard certificate but who wish to continue in such
9124 employment, shall submit to the department board the appropriate
9125 application and certification fees and shall receive a limited
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9126 certificate qualifying such individuals to engage in building
9127 code administration, plans examination, or inspection in the
9128 class, at the performance level, and within the governmental
9129 jurisdiction in which such person is employed.
9130 (7)(a) The department board shall provide for the issuance
9131 of provisional certificates valid for 2 years, as specified by
9132 department board rule, to any building code inspector or plans
9133 examiner who meets the eligibility requirements described in
9134 subsection (2) and any newly employed or promoted building code
9135 administrator who meets the eligibility requirements described
9136 in subsection (3). The provisional license may be renewed by the
9137 department board for just cause; however, a provisional license
9138 is not valid for longer than 3 years.
9139 (c) The department board shall provide for appropriate
9140 levels of provisional certificates and may issue these
9141 certificates with such special conditions or requirements as the
9142 department board deems necessary to protect the public safety
9143 and health. The department board may not place a special
9144 condition or requirement on a provisional certificate with
9145 respect to the requirement of employment by a municipality,
9146 county, or other local governmental agency.
9147 (8) Any individual applying to the department board may be
9148 issued a certificate valid for multiple building code inspection
9149 classes, as deemed appropriate by the department board.
9150 (10)(a) The department board may by rule create categories
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9151 of certification in addition to those defined in s. 468.603(4)
9152 and (7) s. 468.603(5) and (8). Such certification categories may
9153 shall not be mandatory and may shall not act to diminish the
9154 scope of any certificate created by statute.
9155 (b) The department board shall by rule establish:
9156 1. Reciprocity of certification with any other state that
9157 requires an examination administered by the International Code
9158 Council.
9159 2. That an applicant for certification as a building code
9160 inspector or plans examiner may apply for a provisional
9161 certificate valid for the duration of the internship period.
9162 3. That partial completion of an internship program is
9163 transferable among jurisdictions, private providers, and firms
9164 of private providers on a form prescribed by the department
9165 board.
9166 4. That an applicant may apply for a standard certificate
9167 on a form prescribed by the department board upon successful
9168 completion of an internship certification program.
9169 5. That an applicant may apply for a standard certificate
9170 at least 30 days but no more than 60 days before completing the
9171 internship certification program.
9172 6. That a building code inspector or plans examiner who
9173 has standard certification may seek an additional certification
9174 in another category by completing an additional nonconcurrent 1-
9175 year internship program in the certification category sought and
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9176 passing an examination administered by the International Code
9177 Council and a department-approved board-approved 40-hour code
9178 training course.
9179 Section 279. Subsection (4) is added to section 471.007,
9180 Florida Statutes, to read:
9181 471.007 Board of Professional Engineers.—
9182 (4) The board is abolished July 1, 2033.
9183 Section 280. Subsection (3) of section 471.015, Florida
9184 Statutes, is amended to read:
9185 471.015 Licensure.—
9186 (3) The board shall certify as qualified for a license by
9187 endorsement an applicant who:
9188 (a) Qualifies to take the fundamentals examination and the
9189 principles and practice examination as set forth in s. 471.013,
9190 has passed a United States national, regional, state, or
9191 territorial licensing examination that is substantially
9192 equivalent to the fundamentals examination and principles and
9193 practice examination required by s. 471.013, and has satisfied
9194 the experience requirements set forth in paragraph (2)(a) and s.
9195 471.013; or
9196 (b) Holds a valid license to practice engineering issued
9197 by another state or territory of the United States, or a foreign
9198 jurisdiction if the criteria for issuance of the license were
9199 substantially the same as the licensure criteria that existed in
9200 this state at the time the license was issued; or
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9201 (c) Holds a valid license to practice engineering issued
9202 by a foreign jurisdiction approved by the department and holds
9203 an active Council Record with the National Council of Examiners
9204 for Engineering and Surveying.
9205 Section 281. Effective January 1, 2027, section 473.308,
9206 Florida Statutes, is amended to read:
9207 473.308 Licensure.—
9208 (1) A person desiring to be licensed as a Florida
9209 certified public accountant in this state shall apply to the
9210 department for licensure, and the department shall license any
9211 applicant who the department board certifies is qualified to
9212 practice public accounting.
9213 (2) The department board shall certify for licensure any
9214 applicant who successfully passes the licensure examination and
9215 satisfies the requirements of subsections (4), (5), and (6), and
9216 shall certify for licensure any firm that satisfies the
9217 requirements of ss. 473.309 and 473.3101. The department board
9218 may refuse to certify any applicant or firm that has violated
9219 any of the provisions of s. 473.322.
9220 (3) A person desiring to be licensed as a Florida
9221 certified public accountant or a firm desiring to engage in the
9222 practice of public accounting must create and maintain an online
9223 account with the department and provide an e-mail address to
9224 function as the primary means of contact for all communication
9225 from the department. Certified public accountants and firms are
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9226 responsible for maintaining accurate contact information on file
9227 with the department and must submit any change in an e-mail
9228 address or street address within 30 days after the change. All
9229 changes must be submitted through the department's online
9230 system.
9231 (4)(a) An applicant for licensure must:
9232 1. Complete have at least 150 semester hours of college
9233 education, including a baccalaureate or higher degree conferred
9234 by an accredited college or university, with a concentration in
9235 accounting and business as prescribed by the department; in the
9236 total educational program to the extent specified by the board.
9237 2. Hold a master's degree in accounting or finance
9238 conferred by an accredited college or university with a
9239 concentration in accounting and business as prescribed by the
9240 department;
9241 3. Hold a baccalaureate degree in accounting or finance
9242 conferred by an accredited college or university with a
9243 concentration in accounting and business as prescribed by the
9244 department; or
9245 4. Hold a baccalaureate degree in any major course of
9246 study conferred by an accredited college or university and have
9247 completed coursework required for a concentration in accounting
9248 and business as prescribed by the department.
9249 (b) The department shall prescribe the coursework required
9250 for a concentration in accounting and business. The department
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9251 may deem that an applicant has satisfied requirements for such
9252 coursework if the applicant receives a baccalaureate or higher
9253 degree in accounting or finance conferred by an accredited
9254 college or university in a state or territory of the United
9255 States. An applicant receiving a baccalaureate or higher degree
9256 with a major course of study other than accounting or finance
9257 must complete the coursework required for a concentration in
9258 accounting and business as prescribed by the department.
9259 (5)(a) An applicant for licensure who completes the
9260 education requirements under subparagraph (4)(a)1. or
9261 subparagraph (4)(a)2. after December 31, 2008, must show that he
9262 or she has had 1 year of work experience. An applicant who
9263 completes the education requirements under subparagraph (4)(a)3.
9264 or subparagraph (4)(a)4. must show 2 years of work experience.
9265 (b) The work experience under paragraph (a) This
9266 experience shall include providing any type of service or advice
9267 involving the use of accounting, attest, compilation, management
9268 advisory, financial advisory, tax, or consulting skills, all of
9269 which must be verified by a certified public accountant who is
9270 licensed by a state or territory of the United States. This
9271 experience is acceptable if it was gained through employment in
9272 government, industry, academia, or public practice; constituted
9273 a substantial part of the applicant's duties; and was verified
9274 by a certified public accountant licensed by a state or
9275 territory of the United States.
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9276 (c) The department board shall adopt rules specifying
9277 standards and providing for the review and approval of the work
9278 experience required by this subsection section.
9279 (d)(b) However, an applicant who completed the
9280 requirements of subsection (4) on or before December 31, 2008,
9281 and who passes the licensure examination on or before June 30,
9282 2010, is exempt from the requirements of this subsection.
9283 (6)(a) An applicant for licensure must shall show that she
9284 or he the applicant has good moral character. For purposes of
9285 this paragraph, the term
9286 (7)(a) "good moral character" means a personal history of
9287 honesty, fairness, and respect for the rights of others and for
9288 the laws of this state and nation.
9289 (b) The department board may refuse to certify an
9290 applicant for failure to satisfy this requirement if:
9291 1. The department board finds a reasonable relationship
9292 between the lack of good moral character of the applicant and
9293 the professional responsibilities of a certified public
9294 accountant; and
9295 2. The finding by the department board of lack of good
9296 moral character is supported by competent substantial evidence.
9297 (c) When an applicant is found to be unqualified for a
9298 license because of a lack of good moral character, the
9299 department board shall furnish to the applicant a statement
9300 containing the findings of the department board, a complete
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9301 record of the evidence upon which the determination was based,
9302 and a notice of the rights of the applicant to a rehearing and
9303 appeal.
9304 (7)(8) The department board shall certify as qualified for
9305 a license by endorsement an applicant who:
9306 (a) Is not licensed and has not been licensed in any state
9307 or territory and who has met the requirements of this section
9308 for education, work experience, and good moral character and has
9309 passed a national, regional, state, or territorial licensing
9310 examination that is substantially equivalent to the examination
9311 required by s. 473.306; or
9312 (b)1. Holds an active a valid license as a certified
9313 public accountant to practice public accounting issued by
9314 another state or a territory of the United States, if the
9315 applicant has maintained good moral character and, at the time
9316 of licensure by such other state or territory, the applicant was
9317 required to show evidence of having obtained at least a
9318 baccalaureate degree from an accredited college or university
9319 and having passed the Uniform CPA Examination. criteria for
9320 issuance of such license were substantially equivalent to the
9321 licensure criteria that existed in this state at the time the
9322 license was issued;
9323 2. Holds a valid license to practice public accounting
9324 issued by another state or territory of the United States but
9325 the criteria for issuance of such license did not meet the
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9326 requirements of subparagraph 1.; has met the requirements of
9327 this section for education, work experience, and good moral
9328 character; and has passed a national, regional, state, or
9329 territorial licensing examination that is substantially
9330 equivalent to the examination required by s. 473.306; or
9331 3. Holds a valid license to practice public accounting
9332 issued by another state or territory of the United States for at
9333 least 10 years before the date of application; has passed a
9334 national, regional, state, or territorial licensing examination
9335 that is substantially equivalent to the examination required by
9336 s. 473.306; and has met the requirements of this section for
9337 good moral character.
9338 (9) If the applicant has at least 5 years of experience in
9339 the practice of public accountancy in the United States or in
9340 the practice of public accountancy or its equivalent in a
9341 foreign country that the International Qualifications Appraisal
9342 Board of the National Association of State Boards of Accountancy
9343 has determined has licensure standards that are substantially
9344 equivalent to those in the United States, or has at least 5
9345 years of work experience that meets the requirements of
9346 subsection (5), the board must waive the requirements of
9347 subsection (4) which are in excess of a baccalaureate degree.
9348 All experience that is used as a basis for waiving the
9349 requirements of subsection (4) must be while licensed as a
9350 certified public accountant by another state or territory of the
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9351 United States or while licensed in the practice of public
9352 accountancy or its equivalent in a foreign country that the
9353 International Qualifications Appraisal Board of the National
9354 Association of State Boards of Accountancy has determined has
9355 licensure standards that are substantially equivalent to those
9356 in the United States. The board shall have the authority to
9357 establish the standards for experience that meet this
9358 requirement.
9359 (8)(10) The department board may refuse to certify for
9360 licensure any applicant who is under investigation in another
9361 state for any act that would constitute a violation of this act
9362 or chapter 455, until such time as the investigation is complete
9363 and disciplinary proceedings are have been terminated.
9364 Section 282. Section 473.3085, Florida Statutes, is
9365 created to read:
9366 473.3085 Licensure of international applicants.—
9367 (1) An international applicant who seeks licensure as a
9368 certified public accountant in this state must meet the
9369 requirements for education, work experience, and good moral
9370 character under s. 473.308.
9371 (2) An applicant must apply to the department for
9372 licensure.
9373 (3) An international applicant must create and maintain an
9374 online account with the department and provide an e-mail address
9375 to function as the primary means of contact for all
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9376 communication from the department. An applicant must submit any
9377 change in e-mail address within 30 days after the change. All
9378 changes must be submitted through the department's online
9379 system.
9380 (4) The department shall certify for licensure any
9381 applicant who satisfies the requirements of subsections (1) and
9382 (2), except the department may refuse to certify an applicant
9383 who has violated s. 473.322.
9384 (5) The department shall adopt rules to implement this
9385 section.
9386 Section 283. Section 473.312, Florida Statutes, is amended
9387 to read:
9388 473.312 Continuing education.—
9389 (1)(a) As part of the license renewal procedure, the
9390 department board shall by rule require Florida certified public
9391 accountants to submit proof satisfactory to the department board
9392 that during the 2 years before prior to application for renewal,
9393 they have successfully completed not less than 48 or more than
9394 80 hours of continuing professional education programs in public
9395 accounting subjects approved by the department board. The
9396 department board may prescribe by rule additional continuing
9397 professional education hours, not to exceed 25 percent of the
9398 total hours required, for failure to complete the hours required
9399 for renewal by the end of the reestablishment period.
9400 (b) Not less than 10 percent of the total hours required
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9401 by the department board shall be in accounting-related and
9402 auditing-related subjects, as distinguished from federal and
9403 local taxation matters and management services.
9404 (c) Not less than 5 percent of the total hours required by
9405 the department board shall be in ethics applicable to the
9406 practice of public accounting. This requirement shall be
9407 administered by providers approved by the department board, and
9408 a majority of the hours shall include a review of the provisions
9409 of chapter 455 and this chapter and the related administrative
9410 rules.
9411 (2) Programs of continuing professional education approved
9412 by the department board shall be formal programs of learning
9413 which contribute directly to the professional competency of an
9414 individual following licensure to practice public accounting and
9415 may be any of the following:
9416 (a) Professional development programs of the American
9417 Institute of Certified Public Accountants, state societies of
9418 certified public accountants, or other organizations.
9419 (b) Technical sessions at meetings of the American
9420 Institute of Certified Public Accountants, state societies,
9421 chapters, or other organizations.
9422 (c) University and college courses.
9423 (d) Formal organized in-firm education programs.
9424 (3) The department board shall adopt rules establishing
9425 the continuing education requirements for Florida certified
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9426 public accountants who are engaged in the audit of a
9427 governmental entity. The department board shall approve subjects
9428 directly related to the governmental environment and to
9429 governmental auditing for purposes of satisfying the requirement
9430 of this subsection.
9431 (4) For the purposes of maintaining proper continuing
9432 education requirements for renewal of licensure under this
9433 chapter, the department board may appoint a Continuing
9434 Professional Education Advisory Committee, which shall be
9435 composed of one member of the department board, one academician
9436 on the faculty of a university in this state, and six certified
9437 public accountants.
9438 Section 284. Effective January 1, 2027, subsections (1),
9439 (3), and (4) of section 473.3141, Florida Statutes, are amended
9440 to read:
9441 473.3141 Certified public accountants licensed in other
9442 states.—
9443 (1) Except as otherwise provided in this chapter, An
9444 individual who holds an active license in good standing as a
9445 certified public accountant in another state or a territory of
9446 the United States and who does not have an office in this state
9447 has the privileges of Florida certified public accountants and
9448 may provide public accounting services in this state without
9449 obtaining a license under this chapter or notifying or
9450 registering with the department board or paying a fee if, at the
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9451 time of licensure by such other state or territory, the
9452 individual was required to show evidence of having obtained at
9453 least a baccalaureate degree and having passed the Uniform CPA
9454 Examination:
9455 (a) Holds a valid license as a certified public accountant
9456 from a state that the board or its designee has determined by
9457 rule to have adopted standards that are substantially equivalent
9458 to the certificate requirements in s. 5 of the Uniform
9459 Accountancy Act in the issuance of licenses; or
9460 (b) Holds a valid license as a certified public accountant
9461 from a state that has not been approved by the board as having
9462 adopted standards in substantial equivalence with s. 5 of the
9463 Uniform Accountancy Act, but obtains verification from the
9464 board, or its designee, as determined by rule, that the
9465 individual's certified public accountant qualifications are
9466 substantially equivalent to the certificate requirements in s. 5
9467 of the Uniform Accountancy Act.
9468
9469 The department board shall define by rule what constitutes an
9470 office.
9471 (3) An individual certified public accountant from another
9472 state or a territory of the United States who practices pursuant
9473 to this section, and the firm that employs that individual,
9474 shall both consent, as a condition of the privilege of
9475 practicing in this state:
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9476 (a) To the personal and subject matter jurisdiction and
9477 disciplinary authority of the department board;
9478 (b) To comply with this chapter and the applicable
9479 department board rules;
9480 (c) That if the individual's license as a certified public
9481 accountant from another the state or a territory of the United
9482 States becomes invalid of the individual's principal place of
9483 business is no longer valid, the individual must will cease
9484 offering or rendering public accounting services in this state,
9485 individually and on behalf of a firm; and
9486 (d) To the appointment of the department state board that
9487 issued the individual's license as the agent upon whom process
9488 may be served in any action or proceeding by the board or
9489 department against the individual or firm.
9490 (4) An individual who qualifies to practice under this
9491 section may perform the services identified in s. 473.302(7)(a)
9492 s. 473.302(8)(a) only through a firm that has obtained a license
9493 issued under s. 473.3101 or is authorized by s. 473.3101 to
9494 provide such services.
9495 Section 285. Subsection (3) and paragraph (e) of
9496 subsection (4) of section 474.2021, Florida Statutes, are
9497 amended to read:
9498 474.2021 Veterinary telehealth.—
9499 (3) The department board has jurisdiction over a
9500 veterinarian practicing veterinary telehealth, regardless of
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9501 where the veterinarian's physical office is located. The
9502 practice of veterinary medicine is deemed to occur when the
9503 veterinarian, the patient, or both are located within this state
9504 at the time the veterinarian practices veterinary telehealth.
9505 (4) A veterinarian practicing veterinary telehealth:
9506 (e) Shall prescribe all drugs and medications in
9507 accordance with all federal and state laws and the following
9508 requirements:
9509 1. A veterinarian practicing veterinary telehealth may
9510 order, prescribe, or make available medicinal drugs or drugs
9511 specifically approved for use in animals by the United States
9512 Food and Drug Administration, the use of which conforms to the
9513 approved labeling. Prescriptions based solely on a telehealth
9514 evaluation may be issued for up to 1 year month for products
9515 labeled solely for flea and tick control and up to 14 days of
9516 treatment for other animal drugs. Prescriptions based solely on
9517 a telehealth evaluation may not be renewed without an in-person
9518 examination.
9519 2. A veterinarian practicing veterinary telehealth may not
9520 order, prescribe, or make available medicinal drugs or drugs as
9521 defined in s. 465.003 approved by the United States Food and
9522 Drug Administration for human use or compounded antibacterial,
9523 antifungal, antiviral, or antiparasitic medications, unless the
9524 veterinarian has conducted an in-person physical examination of
9525 the animal or made medically appropriate and timely visits to
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9526 the premises where the animal is kept.
9527 3. A veterinarian may not use veterinary telehealth to
9528 prescribe a controlled substance as defined in chapter 893
9529 unless the veterinarian has conducted an in-person physical
9530 examination of the animal or made medically appropriate and
9531 timely visits within the past year to the premises where the
9532 animal is kept.
9533 4. A veterinarian practicing veterinary telehealth may not
9534 prescribe a drug or other medication for use on a horse engaged
9535 in racing or training at a facility under the jurisdiction of
9536 the Florida Gaming Control Commission or on a horse that is a
9537 covered horse as defined in the federal Horseracing Integrity
9538 and Safety Act, 15 U.S.C. ss. 3051 et seq.;
9539 Section 286. Subsections (3) through (7) of section
9540 475.17, Florida Statutes, are amended to read:
9541 475.17 Qualifications for practice.—
9542 (3)(a) The commission may prescribe a postlicensure
9543 education requirement in order for a person to maintain a valid
9544 sales associate's license, which shall not exceed 45 classroom
9545 hours of 50 minutes each, inclusive of examination, prior to the
9546 first renewal following initial licensure. If prescribed, this
9547 shall consist of one or more commission-approved courses which
9548 total at least 45 classroom hours on one or more subjects which
9549 include, but are not limited to, property management, appraisal,
9550 real estate finance, the economics of real estate management,
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9551 marketing, technology, sales and listing of properties, business
9552 office management, courses teaching practical real estate
9553 application skills, development of business plans, marketing of
9554 property, and time management. Required postlicensure education
9555 courses must be provided by an accredited college, university,
9556 or community college, by a career center, by a registered real
9557 estate school, or by a commission-approved sponsor.
9558 (b) Satisfactory completion of the postlicensure education
9559 requirement is demonstrated by successfully meeting all
9560 standards established for the commission-prescribed or
9561 commission-approved institution or school. However, notice of
9562 satisfactory completion shall not be issued if the student has
9563 absences in excess of 10 percent of the required classroom hours
9564 or has not satisfactorily completed a timed distance learning
9565 course examination.
9566 (c) The license of any sales associate who does not
9567 complete the postlicensure education requirement prior to the
9568 first renewal following initial licensure shall be considered
9569 null and void. Such person wishing to again operate as a real
9570 estate sales associate must requalify by satisfactorily
9571 completing the sales associate's prelicensure course and passing
9572 the state examination for licensure as a sales associate.
9573 (d) A sales associate who is required to complete any
9574 postlicensure education requirement must complete any
9575 postlicensure education requirement and hold a current and valid
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9576 license in order to be eligible for licensure as a broker.
9577 (4)(a) The commission may prescribe a postlicensure
9578 education requirement in order for a person to maintain a valid
9579 broker's license, which shall not exceed 60 classroom hours of
9580 50 minutes each, inclusive of examination, prior to the first
9581 renewal following initial licensure. If prescribed, this shall
9582 consist of one or more commission-approved courses which total
9583 at least 60 classroom hours on one or more subjects which
9584 include, but are not limited to, advanced appraisal, advanced
9585 property management, real estate marketing, business law,
9586 advanced real estate investment analyses, advanced legal
9587 aspects, general accounting, real estate economics,
9588 syndications, commercial brokerage, feasibility analyses,
9589 advanced real estate finance, residential brokerage, advanced
9590 marketing, technology, advanced business planning, time
9591 management, or real estate brokerage office operations. Required
9592 postlicensure education courses must be provided by an
9593 accredited college, university, or community college, by a
9594 career center, by a registered real estate school, or by a
9595 commission-approved sponsor.
9596 (b) Satisfactory completion of the postlicensure education
9597 requirement is demonstrated by successfully meeting all
9598 standards established for the commission-prescribed or
9599 commission-approved institution or school. However, notice of
9600 satisfactory completion shall not be issued if the student has
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9601 absences in excess of 10 percent of the required classroom hours
9602 or has not satisfactorily completed a timed distance learning
9603 course examination.
9604 (c) The license of any broker who does not complete the
9605 postlicensure education requirement prior to the first renewal
9606 following initial licensure shall be considered null and void.
9607 If the licensee wishes to operate as a sales associate, she or
9608 he may be issued a sales associate's license after providing
9609 proof that she or he has satisfactorily completed the 14-hour
9610 continuing education course within the 6 months following
9611 expiration of her or his broker's license. To operate as a
9612 broker, the licensee must requalify by satisfactorily completing
9613 the broker's prelicensure course and passing the state
9614 examination for licensure as a broker.
9615 (5)(a) The commission may allow an additional 6-month
9616 period after the first renewal following initial licensure for
9617 completing the postlicensure education courses for sales
9618 associates and brokers who cannot, due to individual physical
9619 hardship, as defined by rule, complete the courses within the
9620 required time.
9621 (b) Except as provided in subsection (4), sales associates
9622 and brokers are not required to meet the 14-hour continuing
9623 education requirement prior to the first renewal following
9624 initial licensure.
9625 (c)1. A distance learning course or courses shall be
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9626 approved by the commission as an option to classroom hours as
9627 satisfactory completion of the postlicensure education course or
9628 courses as required by this section. The schools or sponsors
9629 authorized by this section have the option of providing
9630 classroom courses, distance learning courses, or both. However,
9631 satisfactory completion of a distance learning postlicensure
9632 education course or courses requires the satisfactory completion
9633 of a timed distance learning course examination. Such
9634 examination shall not be required to be monitored or given at a
9635 centralized location.
9636 2. The commission shall provide for postlicensure
9637 education courses to be made available by correspondence or
9638 other suitable means to any person who, by reason of hardship,
9639 as defined by rule, cannot attend the place or places where
9640 courses are regularly conducted or does not have access to the
9641 distance learning courses.
9642 (3)(6) The postlicensure education requirements of this
9643 section, and the education course requirements for one to become
9644 initially licensed, do not apply to any applicant or licensee
9645 who has received a 4-year degree, or higher, in real estate from
9646 an accredited institution of higher education.
9647 (4)(7) The commission may not approve prelicensure or
9648 postlicensure distance learning courses for brokers, broker
9649 associates, and sales associates by correspondence methods,
9650 except in instances of hardship pursuant to subparagraphs
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9651 (2)(a)3. and (5)(c)2.
9652 Section 287. Subsection (2) of section 475.175, Florida
9653 Statutes, is amended to read:
9654 475.175 Examinations.—
9655 (2) Each accredited college, university, community
9656 college, or registered real estate school shall notify the
9657 department commission of the names of all persons who have
9658 satisfactorily completed the educational requirements provided
9659 for in s. 475.17(2), (3), and (4) in a manner prescribed by the
9660 department commission. Furthermore, each such educational
9661 institution shall provide to each person satisfactorily
9662 completing the educational requirements provided for in s.
9663 475.17(2), (3), and (4) a certificate as proof of such
9664 satisfactory completion.
9665 Section 288. Subsection (1) of section 475.180, Florida
9666 Statutes, is amended to read:
9667 475.180 Nonresident licenses.—
9668 (1) Notwithstanding the prelicensure requirements set
9669 forth under ss. 475.17(2) and (3) (6) and 475.175, the
9670 department commission in its discretion may enter into written
9671 agreements with similar licensing authorities of other states,
9672 territories, or jurisdictions of the United States or foreign
9673 national jurisdictions to ensure for Florida licensees
9674 nonresident licensure opportunities comparable to those afforded
9675 to nonresidents by this section. Whenever the department
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9676 commission determines that another jurisdiction does not offer
9677 nonresident licensure to Florida licensees substantially
9678 comparable to those afforded to licensees of that jurisdiction
9679 by this section, the department commission shall require
9680 licensees of that jurisdiction who apply for nonresident
9681 licensure to meet education, experience, and examination
9682 requirements substantially comparable to those required by that
9683 jurisdiction with respect to Florida licensees who seek
9684 nonresident licensure, not to exceed such requirements as
9685 prescribed in ss. 475.17(2) and (3) (6) and 475.175.
9686 Section 289. Subsection (1) of section 475.182, Florida
9687 Statutes, is amended to read:
9688 475.182 Renewal of license; continuing education.—
9689 (1)(a) The department shall renew a license upon receipt
9690 of the renewal application and fee. The renewal application for
9691 an active license as broker, broker associate, or sales
9692 associate shall include proof satisfactory to the commission
9693 that the licensee has, since the issuance or renewal of her or
9694 his current license, satisfactorily completed at least 14
9695 classroom hours of 50 minutes each of a continuing education
9696 course during each biennium of a license period, as prescribed
9697 by the commission. Approval or denial of a specialty course must
9698 be based on the extent to which the course content focuses on
9699 real estate issues relevant to the modern practice of real
9700 estate by a real estate licensee, including technology used in
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9701 the real estate industry. The commission may accept as a
9702 substitute for such continuing education course, on a classroom-
9703 hour-for-classroom-hour basis, any satisfactorily completed
9704 education course that the commission finds is adequate to
9705 educate licensees within the intent of this section, including
9706 an approved distance learning course. However, the commission
9707 may not require, for the purpose of satisfactorily completing an
9708 approved correspondence or distance learning course, a written
9709 examination that is to be taken at a centralized location and is
9710 to be monitored.
9711 (b) The commission may accept as a substitute for 3
9712 classroom hours, one time per renewal cycle, attendance at one
9713 legal agenda session of the commission. In order to obtain
9714 credit, the licensee must notify the division at least 7 days in
9715 advance of his or her intent to attend. A licensee may not earn
9716 any continuing education credit for attending a legal agenda
9717 session of the commission as a party to a disciplinary action.
9718 Section 290. Subsections (1), (2), and (4) of section
9719 475.183, Florida Statutes, are amended to read:
9720 475.183 Inactive status.—
9721 (1) A license which has become voluntarily inactive may be
9722 renewed pursuant to s. 475.182 upon application to the
9723 department. The commission shall prescribe by rule continuing
9724 education requirements, not to exceed 12 classroom hours for
9725 each year the license was inactive, as a condition of renewing a
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9726 voluntarily inactive license. The commission shall substitute
9727 for such continuing education requirements, on a classroom-hour-
9728 for-classroom-hour basis, any satisfactorily completed education
9729 course approved in the manner specified in s. 475.182(1). A
9730 person whose license is voluntarily inactive and who renews the
9731 license may elect to continue her or his voluntarily inactive
9732 status.
9733 (2)(a) A licensee may reactivate a license that has been
9734 involuntarily inactive for 12 months or less by satisfactorily
9735 completing at least 14 hours of a commission-prescribed
9736 continuing education course. Notwithstanding the provisions of
9737 s. 455.271, a licensee may reactivate a license that has been
9738 involuntarily inactive for more than 12 months but fewer than 24
9739 months by satisfactorily completing 28 hours of a commission-
9740 prescribed education course.
9741 (b) Any license that has been involuntarily inactive for
9742 more than 2 years shall automatically expire. Once a license
9743 expires, it becomes null and void without any further action by
9744 the commission or department. Ninety days prior to expiration of
9745 the license, the department shall give notice to the licensee.
9746 The department commission shall prescribe by rule a fee not to
9747 exceed $100 for the late renewal of an involuntarily inactive
9748 license. The department shall collect the current renewal fee
9749 for each renewal period in which the license was involuntarily
9750 inactive in addition to any applicable late renewal fee.
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9751 (4) The department commission may reinstate the license of
9752 an individual whose license has become void if the department
9753 commission determines that the individual failed to comply
9754 because of illness or economic hardship, as defined by rule. The
9755 individual must apply to the department commission for
9756 reinstatement within 6 months after the date that the license
9757 becomes void. Such individual must meet all continuing education
9758 requirements prescribed by law, pay appropriate licensing fees,
9759 and otherwise be eligible for renewal of licensure under this
9760 section.
9761 Section 291. Paragraph (t) of subsection (1) of section
9762 475.25, Florida Statutes, is amended to read:
9763 475.25 Discipline.—
9764 (1) The commission may deny an application for licensure,
9765 registration, or permit, or renewal thereof; may place a
9766 licensee, registrant, or permittee on probation; may suspend a
9767 license, registration, or permit for a period not exceeding 10
9768 years; may revoke a license, registration, or permit; may impose
9769 an administrative fine not to exceed $5,000 for each count or
9770 separate offense; and may issue a reprimand, and any or all of
9771 the foregoing, if it finds that the licensee, registrant,
9772 permittee, or applicant:
9773 (t) Has violated any standard of professional practice
9774 adopted by rule of the department Florida Real Estate Appraisal
9775 Board, including standards for the development or communication
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9776 of a real estate appraisal, as approved and adopted by the
9777 Appraisal Standards Board of the Appraisal Foundation, as
9778 defined in s. 475.611. This paragraph does not apply to a real
9779 estate broker or sales associate who, in the ordinary course of
9780 business, performs a comparative market analysis, gives a broker
9781 price opinion, or gives an opinion of value of real estate.
9782 However, in no event may this comparative market analysis,
9783 broker price opinion, or opinion of value of real estate be
9784 referred to as an appraisal, as defined in s. 475.611.
9785 Section 292. Paragraphs (k) through (dd) of subsection (1)
9786 are redesignated as paragraphs (j) through (cc), respectively,
9787 and present paragraphs (j), (p), (q), (z), and (aa) of
9788 subsection (1) and subsection (2) of section 475.611, Florida
9789 Statutes, are amended to read:
9790 475.611 Definitions.—
9791 (1) As used in this part, the term:
9792 (j) "Board" means the Florida Real Estate Appraisal Board
9793 established under s. 475.613.
9794 (o)(p) "Direct supervision" means the degree of
9795 supervision required of a supervisory appraiser overseeing the
9796 work of a registered trainee appraiser by which the supervisory
9797 appraiser has control over and detailed professional knowledge
9798 of the work being done. Direct supervision is achieved when a
9799 registered trainee appraiser has regular direction, guidance,
9800 and support from a supervisory appraiser who has the
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9801 competencies as determined by rule of the department board.
9802 (p)(q) "Evaluation" means a valuation permitted by any
9803 federal financial institutions regulatory agency appraisal
9804 regulations for transactions that do not require an appraisal,
9805 as such valuations qualify for an applicable exemption under
9806 federal law. The department board shall adopt rules, as
9807 necessary, to define the term "evaluation" and the applicable
9808 exemptions under federal law.
9809 (y)(z) "Supervisory appraiser" means a certified
9810 residential appraiser or a certified general appraiser
9811 responsible for the direct supervision of one or more registered
9812 trainee appraisers and fully responsible for appraisals and
9813 appraisal reports prepared by those registered trainee
9814 appraisers. The department board, by rule, shall determine the
9815 responsibilities of a supervisory appraiser, the geographic
9816 proximity required, the minimum qualifications and standards
9817 required of a certified appraiser before she or he may act in
9818 the capacity of a supervisory appraiser, and the maximum number
9819 of registered trainee appraisers to be supervised by an
9820 individual supervisory appraiser.
9821 (z)(aa) "Training" means the process of providing for and
9822 making available to a registered trainee appraiser, under direct
9823 supervision, a planned, prepared, and coordinated program, or
9824 routine of instruction and education, in appraisal professional
9825 and technical appraisal skills as determined by rule of the
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9826 department board.
9827 (2) Wherever the word "operate" or "operating" appears in
9828 this part with respect to a registered trainee appraiser,
9829 registered appraisal management company, licensed appraiser, or
9830 certified appraiser; in any order, rule, or regulation of the
9831 department board; in any pleading, indictment, or information
9832 under this part; in any court action or proceeding; or in any
9833 order or judgment of a court, it shall be deemed to mean the
9834 commission of one or more acts described in this part as
9835 constituting or defining a registered trainee appraiser,
9836 registered appraisal management company, licensed appraiser, or
9837 certified appraiser, not including, however, any of the
9838 exceptions stated therein. A single act is sufficient to bring a
9839 person within the meaning of this subsection, and each act, if
9840 prohibited herein, constitutes a separate offense.
9841 Section 293. Subsection (7) of section 475.612, Florida
9842 Statutes, is amended to read:
9843 475.612 Certification, licensure, or registration
9844 required.—
9845 (7) Notwithstanding any other provision of law, an
9846 appraiser may perform an evaluation of real property in
9847 connection with a real estate-related financial transaction, as
9848 defined by rule of the department board, which is regulated by a
9849 federal financial institutions regulatory agency. The appraiser
9850 shall comply with the standards for evaluations imposed by the
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9851 federal financial institutions regulatory agency and other
9852 standards as prescribed by the department board. However, an
9853 evaluation may not be referred to or construed as an appraisal.
9854 Section 294. Section 475.614, Florida Statutes, is amended
9855 to read:
9856 475.614 Power of department board to adopt rules and
9857 decide questions of practice; requirements for protection of
9858 appraiser's signature.—
9859 (1) The department may board has authority to adopt rules
9860 pursuant to ss. 120.536(1) and 120.54 to implement provisions of
9861 law conferring duties upon it. The board may decide questions of
9862 practice arising in the proceedings before it, having regard to
9863 this section and the rules then in force.
9864 (2) The department board shall adopt rules specifying the
9865 means by which an appraiser's signature may be affixed to an
9866 appraisal report or other work performed by the appraiser. The
9867 rules shall include requirements for protecting the security of
9868 an appraiser's signature and prohibiting practices that may
9869 discredit the use of an appraiser's signature to authenticate
9870 the work performed by the appraiser.
9871 Section 295. Section 475.6145, Florida Statutes, is
9872 amended to read:
9873 475.6145 Seal.—The department board shall adopt a seal by
9874 which it shall authenticate its proceedings, records, and acts.
9875 Copies of the proceedings, records, and acts of the board, and
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9876 certificates purporting to relate the facts concerning such
9877 proceedings, records, and acts, which are signed by the board
9878 chair, the custodian of such records, or any other person
9879 authorized to make such certification and which are
9880 authenticated by such seal, shall be prima facie evidence of
9881 such proceedings, records, and acts in all courts of this state.
9882 Section 296. Section 475.6147, Florida Statutes, is
9883 amended to read:
9884 475.6147 Fees.—
9885 (1)(a) The department board by rule may establish fees to
9886 be paid for application, licensing and renewal, certification
9887 and recertification, registration and reregistration,
9888 reinstatement, and recordmaking and recordkeeping.
9889 (b) The fee for initial application of an appraiser may
9890 not exceed $150, and the combined cost of the application and
9891 examination may not exceed $300. The initial certification,
9892 registration, or license fee and the certification,
9893 registration, or license renewal fee may not exceed $150 for
9894 each year of the duration of the certification, registration, or
9895 license.
9896 (c) The fee for initial application of an appraisal
9897 management company may not exceed $150. The initial registration
9898 and registration renewal fee may not exceed $150 for each year
9899 of the duration of the registration.
9900 (d) The department board may also establish by rule a late
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9901 renewal penalty.
9902 (e) The department board shall establish fees which are
9903 adequate to ensure its continued operation. Fees shall be based
9904 on estimates made by the department of the revenue required to
9905 implement this part and other provisions of law relating to the
9906 regulation of real estate appraisers.
9907 (2) Application and certification, registration, and
9908 license fees shall be refunded upon a determination by the
9909 department board that the state is not entitled to the fees or
9910 that only a portion of the resources have been expended in the
9911 processing of the application or shall be refunded if for any
9912 other reason the application is not completely processed. The
9913 department board shall implement this subsection by rule.
9914 Section 297. Section 475.615, Florida Statutes, is amended
9915 to read:
9916 475.615 Qualifications for registration or certification.—
9917 (1) Any person desiring to act as a registered trainee
9918 appraiser or as a certified appraiser must make application in
9919 writing to the department in such form and detail as the
9920 department board shall prescribe. Each applicant must be at
9921 least 18 years of age and hold a high school diploma or its
9922 equivalent.
9923 (2) The department board is authorized to waive or modify
9924 any education, experience, or examination requirements
9925 established in this part in order to conform with any such
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9926 requirements established by the Appraiser Qualifications Board
9927 of the Appraisal Foundation or any successor body recognized by
9928 federal law, including any requirements adopted on December 9,
9929 2011. The department board shall implement this section by rule.
9930 (3) Appropriate fees, as set forth in the rules of the
9931 department board pursuant to s. 475.6147, and a set of
9932 fingerprints must accompany all applications for registration or
9933 certification. The fingerprints shall be forwarded to the
9934 Division of Criminal Justice Information Systems within the
9935 Department of Law Enforcement for processing to determine
9936 whether the applicant has a criminal history record. The
9937 fingerprints shall also be forwarded to the Federal Bureau of
9938 Investigation to determine whether the applicant has a criminal
9939 history record. The information obtained by the processing of
9940 the fingerprints by the Department of Law Enforcement and the
9941 Federal Bureau of Investigation shall be sent to the department
9942 to determine whether the applicant is statutorily qualified for
9943 registration or certification.
9944 (4) In the event that the applicant is currently a
9945 registered trainee appraiser or a licensed or certified
9946 appraiser and is making application to obtain a different status
9947 of appraisal credential, should such application be received by
9948 the department within 180 days prior to through 180 days after
9949 the applicant's scheduled renewal, the charge for the
9950 application shall be established by the rules of the department
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9951 board pursuant to s. 475.6147.
9952 (5) At the time of filing an application for registration
9953 or certification, the applicant must sign a pledge indicating
9954 that upon becoming registered or certified, she or he will
9955 comply with the standards of professional practice established
9956 by rule of the department board, including standards for the
9957 development or communication of a real estate appraisal, and
9958 must indicate in writing that she or he understands the types of
9959 misconduct for which disciplinary proceedings may be initiated.
9960 The application expires 1 year after the date received by the
9961 department.
9962 (6) All applicants must be competent and qualified to make
9963 real estate appraisals with safety to those with whom they may
9964 undertake a relationship of trust and confidence and the general
9965 public. If any applicant has been denied registration,
9966 licensure, or certification, or has been disbarred, or the
9967 applicant's registration, license, or certificate to practice or
9968 conduct any regulated profession, business, or vocation has been
9969 revoked or suspended by this or any other state, any nation, or
9970 any possession or district of the United States, or any court or
9971 lawful agency thereof, because of any conduct or practices which
9972 would have warranted a like result under this part, or if the
9973 applicant has been guilty of conduct or practices in this state
9974 or elsewhere which would have been grounds for disciplining her
9975 or his registration, license, or certification under this part
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9976 had the applicant then been a registered trainee appraiser or a
9977 licensed or certified appraiser, the applicant is deemed not to
9978 be qualified unless the applicant has met the conditions adopted
9979 by the Appraiser Qualifications Board of the Appraisal
9980 Foundation on December 9, 2011, as prescribed by rule of the
9981 department board and it appears to the department board that the
9982 interest of the public is not likely to be endangered by the
9983 granting of registration or certification.
9984 (7) No applicant seeking to become registered or certified
9985 under this part may be rejected solely by virtue of membership
9986 or lack of membership in any particular appraisal organization.
9987 Section 298. Section 475.617, Florida Statutes, is amended
9988 to read:
9989 475.617 Education and experience requirements.—
9990 (1) To be registered as a trainee appraiser, an applicant
9991 must present evidence satisfactory to the department board that
9992 she or he has successfully completed at least 100 hours of
9993 approved qualifying education courses in subjects related to
9994 real estate appraisal, which must include coverage of the
9995 Uniform Standards of Professional Appraisal Practice, or its
9996 equivalent, as established by rule of the department board, from
9997 a nationally recognized or state-recognized appraisal
9998 organization, career center, accredited community college,
9999 college, or university, state or federal agency or commission,
10000 or proprietary real estate school that holds a permit pursuant
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10001 to s. 475.451. The department board may increase the required
10002 number of hours to not more than 125 hours. All qualifying
10003 education courses may be completed through in-person classroom
10004 instruction or distance learning. A classroom hour is defined as
10005 50 minutes out of each 60-minute segment. Past courses may be
10006 approved on an hour-for-hour basis.
10007 (2) To be certified as a residential appraiser, an
10008 applicant must present satisfactory evidence to the department
10009 board that she or he has met the minimum education and
10010 experience requirements prescribed by rule of the department
10011 board. The department board shall prescribe by rule education
10012 and experience requirements that meet or exceed the following
10013 real property appraiser qualification criteria adopted on
10014 December 9, 2011, by the Appraiser Qualifications Board of the
10015 Appraisal Foundation:
10016 (a) Has at least 2,500 hours of experience obtained over a
10017 24-month period in real property appraisal as defined by rule.
10018 (b) Has successfully completed at least 200 classroom
10019 hours, inclusive of examination, of approved qualifying
10020 education courses in subjects related to real estate appraisal,
10021 which must include a 15-hour National Uniform Standards of
10022 Professional Appraisal Practice course, or its equivalent, as
10023 established by rule of the department board, from a nationally
10024 recognized or state-recognized appraisal organization, career
10025 center, accredited community college, college, or university,
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10026 state or federal agency or commission, or proprietary real
10027 estate school that holds a permit pursuant to s. 475.451. All
10028 qualifying education courses may be completed through in-person
10029 classroom instruction or distance learning. A classroom hour is
10030 defined as 50 minutes out of each 60-minute segment. Past
10031 courses may be approved by the department board and substituted
10032 on an hour-for-hour basis.
10033 (3) To be certified as a general appraiser, an applicant
10034 must present evidence satisfactory to the department board that
10035 she or he has met the minimum education and experience
10036 requirements prescribed by rule of the department board. The
10037 department board shall prescribe education and experience
10038 requirements that meet or exceed the following real property
10039 appraiser qualification criteria adopted on December 9, 2011, by
10040 the Appraiser Qualifications Board of the Appraisal Foundation:
10041 (a) Has at least 3,000 hours of experience obtained over a
10042 30-month period in real property appraisal as defined by rule.
10043 (b) Has successfully completed at least 300 classroom
10044 hours, inclusive of examination, of approved qualifying
10045 education courses in subjects related to real estate appraisal,
10046 which must include a 15-hour National Uniform Standards of
10047 Professional Appraisal Practice course, or its equivalent, as
10048 established by rule of the department board, from a nationally
10049 recognized or state-recognized appraisal organization, career
10050 center, accredited community college, college, or university,
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10051 state or federal agency or commission, or proprietary real
10052 estate school that holds a permit pursuant to s. 475.451. All
10053 qualifying education courses may be completed through in-person
10054 classroom instruction or distance learning. A classroom hour is
10055 defined as 50 minutes out of each 60-minute segment. Past
10056 courses may be approved by the department board and substituted
10057 on an hour-for-hour basis.
10058 (4) A distance learning course may be approved by the
10059 department board as an option to classroom hours for
10060 satisfactory completion of the academic courses required under
10061 this section. The schools authorized by this section have the
10062 option of providing classroom courses, distance learning
10063 courses, or both.
10064 (a) A distance learning course must use a delivery method
10065 that is certified or approved by a department-authorized board-
10066 authorized independent certifying organization.
10067 (b) A distance learning course intended for use as
10068 academic education must include a written, closed-book final
10069 examination. As used in this paragraph, the term "written"
10070 refers to an exam that might be written on paper or administered
10071 electronically on a computer workstation or other device. Oral
10072 exams are not acceptable.
10073 (5) Each applicant must furnish, under oath, a detailed
10074 statement of the experience for each year of experience she or
10075 he claims. Upon request, the applicant shall furnish to the
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10076 department board, for its examination, copies of appraisal
10077 reports or file memoranda to support the claim for experience.
10078 Any appraisal report or file memoranda used to support a claim
10079 for experience must be maintained by the applicant for no less
10080 than 5 years after the date of certification.
10081 (6) The department board may implement the provisions of
10082 this section by rule.
10083 Section 299. Section 475.6171, Florida Statutes, is
10084 amended to read:
10085 475.6171 Issuance of registration or certification.—The
10086 registration or certification of an applicant may be issued upon
10087 receipt by the department board of the following:
10088 (1) A complete application indicating compliance with
10089 qualifications as specified in s. 475.615.
10090 (2) Proof of successful course completion as specified in
10091 s. 475.617.
10092 (3) Proof of experience for certification as specified in
10093 s. 475.617.
10094 (4) If required, proof of passing a written examination as
10095 specified in s. 475.616.
10096 (5) The department board shall implement this section by
10097 rule.
10098 Section 300. Subsection (1) of section 475.618, Florida
10099 Statutes, is amended to read:
10100 475.618 Renewal of registration, license, certification,
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10101 or instructor permit; continuing education.—
10102 (1)(a) The department shall renew a registration, license,
10103 certification, or instructor permit upon receipt of the renewal
10104 application and proper fee. Such application shall include proof
10105 satisfactory to the department board that the individual has
10106 satisfactorily completed any continuing education that has been
10107 prescribed by the department board.
10108 (b) A distance learning course or courses shall be
10109 approved by the department board as an option to classroom hours
10110 as satisfactory completion of the course or courses as required
10111 by this section. The schools authorized by this section have the
10112 option of providing classroom courses, distance learning
10113 courses, or both.
10114 (c) The department board may authorize independent
10115 certification organizations to certify or approve the delivery
10116 method of distance learning courses. Certification from such
10117 authorized organizations must be provided at the time a distance
10118 learning course is submitted to the department board by an
10119 accredited college, university, community college, career
10120 center, proprietary real estate school, or department-approved
10121 board-approved sponsor for content approval.
10122 Section 301. Section 475.619, Florida Statutes, is amended
10123 to read:
10124 475.619 Inactive status.—
10125 (1) A registration, license, or certification which has
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10126 become inactive may be renewed upon application to the
10127 department. The department board shall prescribe by rule
10128 continuing education requirements for each year the
10129 registration, license, or certification was inactive, as a
10130 condition of renewing an inactive registration, license, or
10131 certification.
10132 (2) Any registration, license, or certification which has
10133 been inactive for more than 4 years shall automatically expire.
10134 Once a registration, license, or certification expires, it
10135 becomes null and void without any further action by the board or
10136 department. Two years prior to the expiration of the
10137 registration, license, or certification, the department shall
10138 give notice by mail to the registered trainee, licensee, or
10139 certificateholder at her or his last known address. The
10140 department board shall prescribe by rule a fee not to exceed
10141 $100 for the late renewal of an inactive registration, license,
10142 or certification. The department shall collect the current
10143 renewal fee for each renewal period in which the registration,
10144 license, or certification was inactive, in addition to any
10145 applicable late renewal fee.
10146 (3) The department board shall adopt rules relating to
10147 inactive registrations, licenses, and certifications and for the
10148 renewal of such registrations, licenses, and certifications.
10149 Section 302. Subsections (2) and (3) of section 475.621,
10150 Florida Statutes, are amended to read:
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10151 475.621 Registry of licensed and certified appraisers;
10152 registry of appraisal management companies.—
10153 (2) The department shall collect from such individuals who
10154 perform or seek to perform appraisals in federally related
10155 transactions an annual fee as set by rule of, and transmitted
10156 to, the appraisal subcommittee. The department shall collect
10157 from such appraisal management companies that perform or seek to
10158 perform appraisal management services in covered transactions an
10159 annual fee set by rule of the department board and transmitted
10160 to the appraisal subcommittee.
10161 (3) Notwithstanding the prohibition against requiring
10162 registration of a federally regulated appraisal management
10163 company as provided in s. 475.6235(8)(b), the department board
10164 shall establish a procedure to collect from a federally
10165 regulated appraisal management company an annual fee as set by
10166 rule of the department board and transmitted to the appraisal
10167 subcommittee.
10168 Section 303. Section 475.6222, Florida Statutes, is
10169 amended to read:
10170 475.6222 Supervision and training of registered trainee
10171 appraisers.—The primary or secondary supervisory appraiser of a
10172 registered trainee appraiser shall provide direct supervision
10173 and training to the registered trainee appraiser. The role and
10174 responsibility of the supervisory appraiser is determined by
10175 rule of the department board.
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10176 Section 304. Subsections (3) and (4) of section 475.6235,
10177 Florida Statutes, are amended to read:
10178 475.6235 Registration of appraisal management companies
10179 required; exemptions.—
10180 (3) Appropriate fees, as set forth in the rules of the
10181 department board pursuant to s. 475.6147, and a complete set of
10182 fingerprints for each person listed in paragraph (2)(f) must
10183 accompany all applications for registration. The fingerprints
10184 shall be forwarded to the Division of Criminal Justice
10185 Information Systems within the Department of Law Enforcement for
10186 purposes of processing the fingerprints to determine whether the
10187 person has a criminal history record. The fingerprints shall
10188 also be forwarded to the Federal Bureau of Investigation for
10189 purposes of processing the fingerprints to determine whether the
10190 person has a criminal history record. The information obtained
10191 by the processing of fingerprints by the Department of Law
10192 Enforcement and the Federal Bureau of Investigation shall be
10193 sent to the department for the purpose of determining whether
10194 the appraisal management company is statutorily qualified for
10195 registration.
10196 (4) At the time of filing an application for registration
10197 of an appraisal management company, each person listed in
10198 paragraph (2)(f) must sign a pledge to comply with applicable
10199 standards of professional practice established by rule of the
10200 department board, including standards for the development or
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10201 communication of a real estate appraisal, and must indicate in
10202 writing that she or he understands the types of misconduct for
10203 which disciplinary proceedings may be initiated. The application
10204 expires 1 year after the date received.
10205 Section 305. Section 475.624, Florida Statutes, is amended
10206 to read:
10207 475.624 Discipline of appraisers.—The department board may
10208 deny an application for registration or certification of an
10209 appraiser; may investigate the actions of any appraiser
10210 registered, licensed, or certified under this part; may
10211 reprimand or impose an administrative fine not to exceed $5,000
10212 for each count or separate offense against any such appraiser;
10213 and may revoke or suspend, for a period not to exceed 10 years,
10214 the registration, license, or certification of any such
10215 appraiser, or place any such appraiser on probation, if the
10216 department board finds that the registered trainee, licensee, or
10217 certificateholder:
10218 (1) Has violated any provision of this part or s.
10219 455.227(1); however, any appraiser registered, licensed, or
10220 certified under this part is exempt from s. 455.227(1)(i).
10221 (2) Has been guilty of fraud, misrepresentation,
10222 concealment, false promises, false pretenses, dishonest conduct,
10223 culpable negligence, or breach of trust in any business
10224 transaction in this state or any other state, nation, or
10225 territory; has violated a duty imposed upon her or him by law or
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10226 by the terms of a contract, whether written, oral, express, or
10227 implied, in an appraisal assignment; has aided, assisted, or
10228 conspired with any other person engaged in any such misconduct
10229 and in furtherance thereof; or has formed an intent, design, or
10230 scheme to engage in such misconduct and committed an overt act
10231 in furtherance of such intent, design, or scheme. It is
10232 immaterial to the guilt of the registered trainee appraiser or
10233 licensed or certified appraiser that the victim or intended
10234 victim of the misconduct has sustained no damage or loss; that
10235 the damage or loss has been settled and paid after discovery of
10236 the misconduct; or that such victim or intended victim was a
10237 customer or a person in confidential relation with the
10238 registered trainee appraiser or licensed or certified appraiser,
10239 or was an identified member of the general public.
10240 (3) Has advertised services in a manner that is
10241 fraudulent, false, deceptive, or misleading in form or content.
10242 (4) Has violated any provision of this part or any lawful
10243 order or rule issued under this part or chapter 455.
10244 (5) Has been convicted or found guilty of, or entered a
10245 plea of nolo contendere to, regardless of adjudication, a crime
10246 in any jurisdiction that directly relates to the activities of a
10247 registered trainee appraiser or licensed or certified appraiser
10248 or that involves moral turpitude or fraudulent or dishonest
10249 conduct. The record of a conviction certified or authenticated
10250 in such form as admissible in evidence under the laws of the
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10251 state shall be admissible as prima facie evidence of such guilt.
10252 (6) Has had a registration, license, or certification as
10253 an appraiser revoked, suspended, or otherwise acted against; has
10254 been disbarred; has had her or his registration, license, or
10255 certificate to practice or conduct any regulated profession,
10256 business, or vocation revoked or suspended by this or any other
10257 state, any nation, or any possession or district of the United
10258 States; or has had an application for such registration,
10259 licensure, or certification to practice or conduct any regulated
10260 profession, business, or vocation denied by this or any other
10261 state, any nation, or any possession or district of the United
10262 States.
10263 (7) Has become temporarily incapacitated from acting as an
10264 appraiser with safety to those in a fiduciary relationship with
10265 her or him because of drunkenness, use of drugs, or temporary
10266 mental derangement; however, suspension of a license,
10267 certification, or registration in such cases shall only be for
10268 the period of such incapacity.
10269 (8) Is confined in any county jail, postadjudication; is
10270 confined in any state or federal prison or mental institution;
10271 or, through mental disease or deterioration, can no longer
10272 safely be entrusted to deal with the public or in a confidential
10273 capacity.
10274 (9) Has failed to inform the department board in writing
10275 within 30 days after pleading guilty or nolo contendere to, or
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10276 being convicted or found guilty of, any felony.
10277 (10) Has been found guilty, for a second time, of any
10278 misconduct that warrants disciplinary action, or has been found
10279 guilty of a course of conduct or practice that shows that she or
10280 he is incompetent, negligent, dishonest, or untruthful to an
10281 extent that those with whom she or he may sustain a confidential
10282 relationship may not safely do so.
10283 (11) Has made or filed a report or record, either written
10284 or oral, that the registered trainee appraiser or licensed or
10285 certified appraiser knows to be false; has willfully failed to
10286 file a report or record required by state or federal law; has
10287 willfully impeded or obstructed such filing; or has induced
10288 another person to impede or obstruct such filing. However, such
10289 reports or records shall include only those that are signed or
10290 presented in the capacity of a registered trainee appraiser or
10291 licensed or certified appraiser.
10292 (12) Has obtained or attempted to obtain a registration,
10293 license, or certification by means of knowingly making a false
10294 statement, submitting false information, refusing to provide
10295 complete information in response to an application question, or
10296 engaging in fraud, misrepresentation, or concealment.
10297 (13) Has paid money or other valuable consideration,
10298 except as required by this section, to any member or employee of
10299 the department board to obtain a registration, license, or
10300 certification under this section.
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10301 (14) Has violated any standard of professional practice
10302 established by rule of the department board, including standards
10303 for the development or communication of a real estate appraisal.
10304 (15) Has failed or refused to exercise reasonable
10305 diligence in developing an appraisal or preparing an appraisal
10306 report.
10307 (16) Has failed to communicate an appraisal without good
10308 cause.
10309 (17) Has accepted an appraisal assignment if the
10310 employment itself is contingent upon the appraiser reporting a
10311 predetermined result, analysis, or opinion or if the fee to be
10312 paid for the performance of the appraisal assignment is
10313 contingent upon the opinion, conclusion, or valuation reached
10314 upon the consequences resulting from the appraisal assignment.
10315 (18) Has failed to timely notify the department of any
10316 change in business location, or has failed to fully disclose all
10317 business locations from which she or he operates as a registered
10318 trainee appraiser or licensed or certified appraiser.
10319 Section 306. Section 475.6245, Florida Statutes, is
10320 amended to read:
10321 475.6245 Discipline of appraisal management companies.—
10322 (1) The department board may deny an application for
10323 registration or renewal registration of an appraisal management
10324 company; may investigate the actions of any appraisal management
10325 company registered under this part; may reprimand or impose an
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10326 administrative fine not to exceed $5,000 for each count or
10327 separate offense against any such appraisal management company;
10328 and may revoke or suspend, for a period not to exceed 10 years,
10329 the registration of any such appraisal management company, or
10330 place any such appraisal management company on probation, if the
10331 department board finds that the appraisal management company or
10332 any person listed in s. 475.6235(2)(f):
10333 (a) Has violated any provision of this part or s.
10334 455.227(1); however, any appraisal management company registered
10335 under this part is exempt from s. 455.227(1)(i).
10336 (b) Has been guilty of fraud, misrepresentation,
10337 concealment, false promises, false pretenses, dishonest conduct,
10338 culpable negligence, or breach of trust in any business
10339 transaction in this state or any other state, nation, or
10340 territory; has violated a duty imposed upon her or him by law or
10341 by the terms of a contract, whether written, oral, express, or
10342 implied, in an appraisal assignment; has aided, assisted, or
10343 conspired with any other person engaged in any such misconduct
10344 and in furtherance thereof; or has formed an intent, design, or
10345 scheme to engage in such misconduct and committed an overt act
10346 in furtherance of such intent, design, or scheme. It is
10347 immaterial to the guilt of the appraisal management company that
10348 the victim or intended victim of the misconduct has sustained no
10349 damage or loss; that the damage or loss has been settled and
10350 paid after discovery of the misconduct; or that such victim or
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10351 intended victim was a customer or a person in confidential
10352 relation with the appraisal management company or was an
10353 identified member of the general public.
10354 (c) Has advertised services in a manner that is
10355 fraudulent, false, deceptive, or misleading in form or content.
10356 (d) Has violated any provision of this part or any lawful
10357 order or rule issued under this part or chapter 455.
10358 (e) Has been convicted or found guilty of, or entered a
10359 plea of nolo contendere to, regardless of adjudication, a crime
10360 in any jurisdiction that directly relates to the activities of
10361 an appraisal management company or that involves moral turpitude
10362 or fraudulent or dishonest conduct. The record of a conviction
10363 certified or authenticated in such form as admissible in
10364 evidence under the laws of the state shall be admissible as
10365 prima facie evidence of such guilt.
10366 (f) Has had a registration, license, or certification as
10367 an appraiser or a registration as an appraisal management
10368 company revoked, suspended, or otherwise acted against; has been
10369 disbarred; has had her or his registration, license, or
10370 certificate to practice or conduct any regulated profession,
10371 business, or vocation revoked or suspended by this or any other
10372 state, any nation, or any possession or district of the United
10373 States; or has had an application for such registration,
10374 licensure, or certification to practice or conduct any regulated
10375 profession, business, or vocation denied by this or any other
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10376 state, any nation, or any possession or district of the United
10377 States.
10378 (g) Has become temporarily incapacitated from acting as an
10379 appraisal management company with safety to those in a fiduciary
10380 relationship with her or him because of drunkenness, use of
10381 drugs, or temporary mental derangement; however, suspension of a
10382 registration in such cases shall only be for the period of such
10383 incapacity.
10384 (h) Is confined in any county jail, postadjudication; is
10385 confined in any state or federal prison or mental institution;
10386 or, through mental disease or deterioration, can no longer
10387 safely be entrusted to deal with the public or in a confidential
10388 capacity.
10389 (i) Has failed to inform the department board in writing
10390 within 30 days after pleading guilty or nolo contendere to, or
10391 being convicted or found guilty of, any felony.
10392 (j) Has been found guilty, for a second time, of any
10393 misconduct that warrants disciplinary action, or has been found
10394 guilty of a course of conduct or practice that shows that she or
10395 he is incompetent, negligent, dishonest, or untruthful to an
10396 extent that those with whom she or he may sustain a confidential
10397 relationship may not safely do so.
10398 (k) Has made or filed a report or record, either written
10399 or oral, that the appraisal management company knows to be
10400 false; has willfully failed to file a report or record required
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10401 by state or federal law; has willfully impeded or obstructed
10402 such filing; or has induced another person to impede or obstruct
10403 such filing. However, such reports or records shall include only
10404 those that are signed or presented in the capacity of an
10405 appraisal management company.
10406 (l) Has obtained or attempted to obtain a registration,
10407 license, or certification by means of knowingly making a false
10408 statement, submitting false information, refusing to provide
10409 complete information in response to an application question, or
10410 engaging in fraud, misrepresentation, or concealment.
10411 (m) Has paid money or other valuable consideration, except
10412 as required by this section, to any member or employee of the
10413 department board to obtain a registration, license, or
10414 certification under this section.
10415 (n) Has instructed an appraiser to violate any standard of
10416 professional practice established by rule of the department
10417 board, including standards for the development or communication
10418 of a real estate appraisal or other provision of the Uniform
10419 Standards of Professional Appraisal Practice.
10420 (o) Has engaged in the development of an appraisal or the
10421 preparation of an appraisal report, unless the appraisal
10422 management company is owned or controlled by certified
10423 appraisers.
10424 (p) Has failed to communicate an appraisal without good
10425 cause.
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10426 (q) Has accepted an appraisal assignment if the employment
10427 itself is contingent upon the appraisal management company
10428 reporting a predetermined result, analysis, or opinion or if the
10429 fee to be paid for the performance of the appraisal assignment
10430 is contingent upon the opinion, conclusion, or valuation reached
10431 upon the consequences resulting from the appraisal assignment.
10432 (r) Has failed to timely notify the department of any
10433 change in principal business location as an appraisal management
10434 company.
10435 (s) Has influenced or attempted to influence the
10436 development, reporting, or review of an appraisal through
10437 coercion, extortion, collusion, compensation, inducement,
10438 intimidation, bribery, or any other means, including, but not
10439 limited to:
10440 1. Withholding or threatening to withhold timely payment
10441 for an appraisal, unless such nonpayment is based upon specific
10442 quality or other service issues that constitute noncompliance
10443 with the appraisal engagement agreement.
10444 2. Withholding or threatening to withhold future business
10445 from an appraiser.
10446 3. Promising future business, promotions, or increased
10447 compensation for an appraiser, whether the promise is express or
10448 implied.
10449 4. Conditioning a request for appraisal services or the
10450 payment of an appraisal fee, salary, or bonus upon the opinion,
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10451 conclusion, or valuation to be reached or upon a preliminary
10452 estimate or opinion requested from an appraiser.
10453 5. Requesting that an appraiser provide an estimated,
10454 predetermined, or desired valuation in an appraisal report or
10455 provide estimated values or comparable sales at any time before
10456 the appraiser's completion of appraisal services.
10457 6. Providing to an appraiser an anticipated, estimated,
10458 encouraged, or desired value for a subject property or a
10459 proposed or target amount to be loaned to the borrower, except
10460 that a copy of the sales contract for purchase transactions may
10461 be provided.
10462 7. Providing to an appraiser, or any person related to the
10463 appraiser, stock or other financial or nonfinancial benefits.
10464 8. Allowing the removal of an appraiser from an appraiser
10465 panel without prior written notice to the appraiser.
10466 9. Obtaining, using, or paying for a second or subsequent
10467 appraisal or ordering an automated valuation model in connection
10468 with a mortgage financing transaction unless there is a
10469 reasonable basis to believe that the initial appraisal was
10470 flawed or tainted and such basis is clearly and appropriately
10471 noted in the loan file, or unless such appraisal or automated
10472 valuation model is issued pursuant to a bona fide prefunding or
10473 postfunding appraisal review or quality control process.
10474 10. Any other act or practice that impairs or attempts to
10475 impair an appraiser's independence, objectivity, or
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10476 impartiality.
10477 (t) Has altered, modified, or otherwise changed a
10478 completed appraisal report submitted by an appraiser to an
10479 appraisal management company.
10480 (u) Has employed, contracted with, or otherwise retained
10481 an appraiser whose registration, license, or certification is
10482 suspended or revoked to perform appraisal services or appraisal
10483 management services.
10484 (v) Has required or attempted to require an appraiser to
10485 sign any indemnification agreement that would require the
10486 appraiser to hold harmless the appraisal management company or
10487 its owners, agents, employees, or independent contractors from
10488 any liability, damage, loss, or claim arising from the services
10489 performed by the appraisal management company or its owners,
10490 agents, employees, or independent contractors and not the
10491 services performed by the appraiser.
10492 (w) Has required or attempted to require a client to sign
10493 any indemnification agreement that would require the client to
10494 hold harmless the appraisal management company or its owners,
10495 agents, or employees from any liability, damage, loss, or claim
10496 arising from the services performed by an appraiser.
10497 (2) The department board may reprimand an appraisal
10498 management company, conditionally or unconditionally suspend or
10499 revoke any registration of an appraisal management company
10500 issued under this part, or impose administrative fines not to
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10501 exceed $5,000 for each count or separate offense against any
10502 such appraisal management company if the department board
10503 determines that the appraisal management company is attempting
10504 to perform, has performed, or has attempted to perform any of
10505 the following acts:
10506 (a) Committing any act in violation of this part.
10507 (b) Violating any rule adopted by the department board
10508 under this part.
10509 (c) Obtaining a registration of an appraisal management
10510 company by fraud, misrepresentation, or deceit.
10511 (3) This section does not prohibit an appraisal management
10512 company from requesting an appraiser to:
10513 (a) Provide additional information about the basis of a
10514 valuation, including consideration of additional comparable
10515 data; or
10516 (b) Correct objective factual errors in an appraisal
10517 report.
10518 Section 307. Section 475.625, Florida Statutes, is amended
10519 to read:
10520 475.625 Final orders.—The department board may publish and
10521 distribute, in such manner and form as it may prescribe, any of
10522 its final orders or decisions made under this section, after
10523 they become final by lapse of time or upon affirmance on appeal,
10524 or opinions of appellate courts for the guidance of appraisers,
10525 appraiser users, and the public. The department board may also
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10526 publish or withhold from publication the names and addresses of
10527 any parties concerned. This section shall not be construed to
10528 affect compliance with chapter 119.
10529 Section 308. Paragraphs (c), (d), and (e) of subsection
10530 (1) of section 475.626, Florida Statutes, are amended to read:
10531 475.626 Violations and penalties.—
10532 (1) A person may not:
10533 (c) Make any false affidavit or affirmation intended for
10534 use as evidence by or before the department board or any member
10535 thereof, or by any of its authorized representatives, nor may
10536 any person give false testimony under oath or affirmation to or
10537 before the department board or any member thereof in any
10538 proceeding authorized by this section.
10539 (d) Fail or refuse to appear at the time and place
10540 designated in a subpoena issued with respect to a violation of
10541 this section, unless such failure to appear is the result of
10542 facts or circumstances that are sufficient to excuse appearance
10543 in response to a subpoena from the circuit court; nor may a
10544 person who is present before the department board or a member
10545 thereof or one of its authorized representatives acting under
10546 authority of this section refuse to be sworn or to affirm or
10547 fail or refuse to answer fully any question propounded by the
10548 department board, the member, or such representative, or by any
10549 person by the authority of such officer or appointee.
10550 (e) Obstruct or hinder in any manner the enforcement of
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10551 this section or the performance of any lawful duty by any person
10552 acting under the authority of this section, or interfere with,
10553 intimidate, or offer any bribe to any employee member of the
10554 department board or any of its employees or any person who is,
10555 or is expected to be, a witness in any investigation or
10556 proceeding relating to a violation of this section.
10557 Section 309. Section 475.627, Florida Statutes, is amended
10558 to read:
10559 475.627 Appraisal course instructors.—
10560 (1) Where the course or courses to be taught are
10561 prescribed by the department board or approved precedent to
10562 registration, licensure, certification, or renewal as a
10563 registered trainee appraiser, licensed appraiser, or certified
10564 residential appraiser, before commencing to instruct noncredit
10565 college courses in a college, university, or community college,
10566 or courses in a career center or proprietary real estate school,
10567 a person must certify her or his competency by meeting one of
10568 the following requirements:
10569 (a) Hold a valid certification as a residential real
10570 estate appraiser in this or any other state.
10571 (b) Pass an appraiser instructor's examination which shall
10572 test knowledge of residential appraisal topics.
10573 (2) Where the course or courses to be taught are
10574 prescribed by the department board or approved precedent to
10575 registration, licensure, certification, or renewal as a
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10576 registered trainee appraiser, licensed appraiser, or certified
10577 appraiser, before commencing to instruct noncredit college
10578 courses in a college, university, or community college, or
10579 courses in a career center or proprietary real estate school, a
10580 person must certify her or his competency by meeting one of the
10581 following requirements:
10582 (a) Hold a valid certification as a general real estate
10583 appraiser in this or any other state.
10584 (b) Pass an appraiser instructor's examination which shall
10585 test knowledge of residential and nonresidential appraisal
10586 topics.
10587 (3) Possession of a permit to teach prescribed or approved
10588 appraisal courses does not entitle the permitholder to teach any
10589 courses outside the scope of the permit.
10590 Section 310. Section 475.628, Florida Statutes, is amended
10591 to read:
10592 475.628 Professional standards for appraisers registered,
10593 licensed, or certified under this part.—
10594 (1) The department board shall adopt rules establishing
10595 standards of professional practice which meet or exceed
10596 nationally recognized standards of appraisal practice, including
10597 standards adopted by the Appraisal Standards Board of the
10598 Appraisal Foundation. Each appraiser registered, licensed, or
10599 certified under this part must comply with the rules. Statements
10600 on appraisal standards which may be issued for the purpose of
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10601 clarification, interpretation, explanation, or elaboration
10602 through the Appraisal Foundation are binding on any appraiser
10603 registered, licensed, or certified under this part, upon
10604 adoption by rule of the department board.
10605 (2) The department board may adopt rules establishing
10606 standards of professional practice other than standards adopted
10607 by the Appraisal Standards Board of the Appraisal Foundation for
10608 nonfederally related transactions. The department board shall
10609 require that when performing an appraisal or appraisal service
10610 for any purpose other than a federally related transaction, an
10611 appraiser must comply with the Ethics and Competency Rules of
10612 the standards adopted by the Appraisal Standards Board of the
10613 Appraisal Foundation, and other requirements as determined by
10614 rule of the department board. An assignment completed using
10615 alternate standards does not satisfy the experience requirements
10616 under s. 475.617 unless the assignment complies with the
10617 standards adopted by the Appraisal Standards Board of the
10618 Appraisal Foundation.
10619 Section 311. Section 475.629, Florida Statutes, is amended
10620 to read:
10621 475.629 Retention of records.—An appraiser registered,
10622 licensed, or certified under this part shall prepare and retain
10623 a work file for each appraisal, appraisal review, or appraisal
10624 consulting assignment. An appraisal management company
10625 registered under this part shall prepare and retain an order
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10626 file for each appraisal, appraisal review, or appraisal
10627 consulting assignment. The work file and the order file shall be
10628 retained for 5 years or the period specified in the Uniform
10629 Standards of Professional Appraisal Practice, whichever is
10630 greater. The work file must contain original or true copies of
10631 any contracts engaging the appraiser's or appraisal management
10632 company's services, appraisal reports, and supporting data
10633 assembled and formulated by the appraiser or company in
10634 preparing appraisal reports or engaging in appraisal management
10635 services and all other data, information, and documentation
10636 required by the standards for the development or communication
10637 of a real estate appraisal as approved and adopted by the
10638 Appraisal Standards Board of The Appraisal Foundation, as
10639 established by rule of the department board. The order file must
10640 contain original or true copies of any contracts engaging the
10641 appraiser's services, the appraisal reports, any engagement
10642 materials or instructions from the client, and all other
10643 documents required by the standards for the development or
10644 communication of a real estate appraisal as approved and adopted
10645 by the Appraisal Standards Board of The Appraisal Foundation, as
10646 established by rule of the department board. Notwithstanding the
10647 foregoing, while general contracts and materials pertaining to
10648 impaneling of an appraiser by an appraisal management company
10649 shall be retained under this section, such contracts and
10650 materials are not required to be maintained within the order
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10651 file. Except as otherwise specified in the Uniform Standards of
10652 Professional Appraisal Practice, the period for retention of the
10653 records applicable to each engagement of the services of the
10654 appraiser or appraisal management company runs from the date of
10655 the submission of the appraisal report to the client. Appraisal
10656 management companies shall also retain the company accounts,
10657 correspondence, memoranda, papers, books, and other records in
10658 accordance with administrative rules adopted by the department
10659 board. These records must be made available by the appraiser or
10660 appraisal management company for inspection and copying by the
10661 department upon reasonable notice to the appraiser or company.
10662 If an appraisal has been the subject of or has served as
10663 evidence for litigation, reports and records must be retained
10664 for at least 2 years after the trial or the period specified in
10665 the Uniform Standards of Professional Appraisal Practice,
10666 whichever is greater.
10667 Section 312. Section 475.630, Florida Statutes, is amended
10668 to read:
10669 475.630 Temporary practice.—
10670 (1) The department board shall recognize, on a temporary
10671 basis, the license or certification of an appraiser issued by
10672 another state, if:
10673 (a) The property to be appraised is part of a federally
10674 related transaction.
10675 (b) The appraiser's business is of a temporary nature.
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10676 (c) The appraiser registers with the department board.
10677 (d) The person requesting recognition of a license or
10678 certification as an appraiser issued by another state is a
10679 nonresident of Florida.
10680 (2) In order to register with the department board, the
10681 appraiser must:
10682 (a) Pay any required fee as established by rule.
10683 (b) Provide, or cause the state where the applicant may be
10684 licensed or certified to furnish, proof of licensure or
10685 certification along with the copies of the records of any
10686 disciplinary actions taken against the applicant's license or
10687 certification in that or other jurisdictions.
10688 (c) Agree in writing to cooperate with any investigation
10689 initiated under this part by promptly supplying such documents
10690 that any authorized representative of the department may
10691 request. If the department sends a notice by certified mail to
10692 the last known address of a nonresident appraiser to produce
10693 documents or to appear in conjunction with an investigation and
10694 the nonresident appraiser fails to comply with that request, the
10695 department board may impose on that nonresident appraiser any
10696 disciplinary action or penalty authorized under this part.
10697 (d) Sign a notarized statement that the applicant has read
10698 this section and all applicable rules and agrees to abide by
10699 these provisions in all appraisal activities.
10700 Section 313. Section 475.631, Florida Statutes, is amended
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10701 to read:
10702 475.631 Nonresident licenses and certifications.—
10703 (1) Any resident state-certified appraiser who becomes a
10704 nonresident shall, within 60 days, notify the department board
10705 of the change in residency and comply with nonresident
10706 requirements. Failure to notify and comply is a violation of the
10707 license law, subject to the penalties in s. 475.624.
10708 (2) All nonresident applicants, certified appraisers, and
10709 licensees shall comply with all requirements of department board
10710 rules and this part.
10711 Section 314. Section 475.613, Florida Statutes, is amended
10712 to read:
10713 475.613 Authority of the department Florida Real Estate
10714 Appraisal Board.—
10715 (1) There is created the Florida Real Estate Appraisal
10716 Board, which shall consist of nine members appointed by the
10717 Governor, subject to confirmation by the Senate. Four members of
10718 the board must be real estate appraisers who have been engaged
10719 in the general practice of appraising real property in this
10720 state for at least 5 years immediately preceding appointment. In
10721 appointing real estate appraisers to the board, while not
10722 excluding other appraisers, the Governor shall give preference
10723 to real estate appraisers who are not primarily engaged in real
10724 estate brokerage or mortgage lending activities. One member of
10725 the board must represent the appraisal management industry. One
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10726 member of the board must represent organizations that use
10727 appraisals for the purpose of eminent domain proceedings,
10728 financial transactions, or mortgage insurance. Three members of
10729 the board must represent the general public and may not be
10730 connected in any way with the practice of real estate appraisal.
10731 The appraiser members shall be as representative of the entire
10732 industry as possible, and membership in a nationally recognized
10733 or state-recognized appraisal organization may not be a
10734 prerequisite to membership on the board. To the extent possible,
10735 no more than two members of the board shall be primarily
10736 affiliated with any one particular national or state appraisal
10737 association. Two of the members must be licensed or certified
10738 residential real estate appraisers and two of the members must
10739 be certified general real estate appraisers at the time of their
10740 appointment.
10741 (a) Members of the board shall be appointed for 4-year
10742 terms. Any vacancy occurring in the membership of the board
10743 shall be filled by appointment by the Governor for the unexpired
10744 term. Upon expiration of her or his term, a member of the board
10745 shall continue to hold office until the appointment and
10746 qualification of the member's successor. A member may not be
10747 appointed for more than two consecutive terms. The Governor may
10748 remove any member for cause.
10749 (b) The headquarters for the board shall be in Orlando.
10750 (c) The board shall meet at least once each calendar
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10751 quarter to conduct its business.
10752 (d) The members of the board shall elect a chairperson at
10753 the first meeting each year.
10754 (e) Each member of the board is entitled to per diem and
10755 travel expenses as set by legislative appropriation for each day
10756 that the member engages in the business of the board.
10757 (2) The department board shall have, through its rules,
10758 full power to regulate the issuance of licenses, certifications,
10759 registrations, and permits; to discipline appraisers in any
10760 manner permitted under this section; to establish qualifications
10761 for licenses, certifications, registrations, and permits
10762 consistent with this section; to regulate approved courses; to
10763 establish standards for real estate appraisals; and to establish
10764 standards for and regulate supervisory appraisers.
10765 (3) Notwithstanding s. 112.313, any member of the board
10766 who is a licensed or certified real estate appraiser and who
10767 holds an active appraiser instructor permit issued by the
10768 department, to the extent authorized pursuant to such permit,
10769 may offer, conduct, or teach any course prescribed or approved
10770 by the board or the department.
10771 Section 315. Subsections (2), (8), and (9) of section
10772 476.184, Florida Statutes, are amended, and subsection (11) is
10773 added to that section, to read:
10774 476.184 Barbershop licensure; requirements; fee;
10775 inspection; license display.—
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10776 (2) The department board shall adopt rules governing the
10777 licensure and operation of a barbershop and its facilities,
10778 personnel, safety and sanitary requirements, and the license
10779 application and granting process.
10780 (8) Renewal of license registration for barbershops shall
10781 be accomplished pursuant to rules adopted by the department
10782 board. The department board is further authorized to adopt rules
10783 governing delinquent renewal of licenses and may impose penalty
10784 fees for delinquent renewal.
10785 (9) The department board is authorized to adopt rules
10786 governing the operation and periodic inspection of barbershops
10787 licensed under this chapter.
10788 (11)(a) The department shall adopt rules governing the
10789 licensure, operation, and inspection of mobile barbershops,
10790 including their facilities, personnel, and safety and sanitary
10791 requirements.
10792 (b) Each mobile barbershop must comply with all licensure
10793 and operating requirements specified in this chapter, chapter
10794 455, or rules of the department that apply to barbershops at
10795 fixed locations, except to the extent that such requirements
10796 conflict with this subsection or rules adopted pursuant to this
10797 subsection.
10798 (c) A mobile barbershop must maintain a permanent business
10799 address, located in the inspection area of the local department
10800 office, at which records of appointments, itineraries, license
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10801 numbers of employees, and vehicle identification numbers of the
10802 licenseholder's mobile barbershop shall be kept and made
10803 available for verification purposes by department personnel, and
10804 at which correspondence from the department can be received.
10805 (d) To facilitate periodic inspections of a mobile
10806 barbershop, before the beginning of each month each mobile
10807 barbershop licenseholder must file with the department a written
10808 monthly itinerary listing the locations where and the dates and
10809 hours when the mobile barbershop will be operating.
10810 (e) The licenseholder must comply with all local laws and
10811 ordinances regulating business establishments, with all
10812 applicable requirements of the Americans with Disabilities Act
10813 relating to accommodations for persons with disabilities, and
10814 with all applicable requirements of the Occupational Safety and
10815 Health Administration.
10816 Section 316. Section 476.188, Florida Statutes, is amended
10817 to read:
10818 476.188 Barber services to be performed in a licensed
10819 registered barbershop; exception.—
10820 (1) Barber services shall be performed only by licensed
10821 barbers in licensed registered barbershops, except as otherwise
10822 provided in this section.
10823 (2) Pursuant to rules established by the department board,
10824 barber services may be performed by a licensed barber in a
10825 location other than a licensed registered barbershop, including,
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10826 but not limited to, a nursing home, hospital, or residence, when
10827 a client for reasons of ill health is unable to go to a licensed
10828 registered barbershop. Arrangements for the performance of
10829 barber services in a location other than a licensed registered
10830 barbershop may shall be made only through a licensed registered
10831 barbershop. However, a barber may shampoo, cut, or arrange hair
10832 in a location other than a licensed registered barbershop
10833 without such arrangements.
10834 (3) Any person who holds a valid barber's license in any
10835 state or who is authorized to practice barbering in any country,
10836 territory, or jurisdiction of the United States may perform
10837 barber services in a location other than a licensed registered
10838 barbershop when such services are performed in connection with
10839 the motion picture, fashion photography, theatrical, or
10840 television industry; a manufacturer trade show demonstration; or
10841 an educational seminar.
10842 (4) Pursuant to rules adopted by the department, the
10843 practice of barbering may be performed in a location other than
10844 a licensed barbershop when performed in connection with a
10845 special event and by a person who holds the proper license.
10846 Section 317. Section 481.213, Florida Statutes, is amended
10847 to read:
10848 481.213 Licensure and registration.—
10849 (1) The department shall license or register any applicant
10850 who the board certifies is qualified for licensure or
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10851 registration and who has paid the initial licensure or
10852 registration fee. Licensure as an architect under this section
10853 shall be deemed to include all the rights and privileges of
10854 registration as an interior designer under this section.
10855 (2) The department board shall certify for licensure or
10856 registration by examination any applicant who passes the
10857 prescribed licensure or registration examination and satisfies
10858 the requirements of ss. 481.209 and 481.211, for architects, or
10859 the requirements of s. 481.209, for interior designers.
10860 (3) The department board shall certify as qualified for a
10861 license by endorsement as an architect or registration as a
10862 registered interior designer an applicant who:
10863 (a) Qualifies to take the prescribed licensure or
10864 registration examination, and has passed the prescribed
10865 licensure or registration examination or a substantially
10866 equivalent examination in another jurisdiction, as set forth in
10867 s. 481.209 for architects or registered interior designers, as
10868 applicable, and has satisfied the internship requirements set
10869 forth in s. 481.211 for architects;
10870 (b) Holds a valid license to practice architecture or a
10871 license, registration, or certification to practice interior
10872 design issued by another jurisdiction of the United States or a
10873 foreign jurisdiction, if the criteria for issuance of such
10874 license were substantially equivalent to the licensure criteria
10875 that existed in this state at the time the license was issued;
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10876 or
10877 (c) Has passed the prescribed licensure examination and
10878 holds a valid certificate issued by the National Council of
10879 Architectural Registration Boards, and holds a valid license to
10880 practice architecture issued by another state or jurisdiction of
10881 the United States or a foreign jurisdiction.
10882
10883 An architect who is licensed in another state, another
10884 jurisdiction of the United States, or a foreign jurisdiction,
10885 who seeks qualification for licensure license by endorsement
10886 under this subsection must complete a 2-hour class approved by
10887 the department board on wind mitigation techniques.
10888 (4) The department board may refuse to certify any
10889 applicant who has violated any of the provisions of s. 481.223,
10890 s. 481.225, or s. 481.2251, as applicable.
10891 (5) The department board may refuse to certify any
10892 applicant who is under investigation in any jurisdiction for any
10893 act which would constitute a violation of this part or of
10894 chapter 455 until such time as the investigation is complete and
10895 disciplinary proceedings have been terminated.
10896 (6) The department board shall adopt rules to implement
10897 the provisions of this part relating to the examination,
10898 internship, and licensure of applicants.
10899 (7) For persons whose licensure requires satisfaction of
10900 the requirements of ss. 481.209 and 481.211, the board shall, by
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10901 rule, establish qualifications for certification of such persons
10902 as special inspectors of threshold buildings, as defined in ss.
10903 553.71 and 553.79, and shall compile a list of persons who are
10904 certified. A special inspector is not required to meet standards
10905 for certification other than those established by the department
10906 board, and the fee owner of a threshold building may not be
10907 prohibited from selecting any person certified by the board to
10908 be a special inspector. The department board shall develop
10909 minimum qualifications for the qualified representative of the
10910 special inspector who is authorized under s. 553.79 to perform
10911 inspections of threshold buildings on behalf of the special
10912 inspector.
10913 (8) A certificate of registration is not required for a
10914 person whose occupation or practice is confined to interior
10915 decorator services or for a person whose occupation or practice
10916 is confined to interior design as provided in this part.
10917 Section 318. Subsections (1), (2), and (4) of section
10918 481.321, Florida Statutes, are amended to read:
10919 481.321 Seals; display of certificate number.—
10920 (1) The department board shall prescribe, by rule, one or
10921 more forms of seals for use by a registered landscape architect
10922 who holds a valid certificate of registration. Each registered
10923 landscape architect shall obtain one seal in a form approved by
10924 rule of the department board and may, in addition, register her
10925 or his seal electronically in accordance with ss. 668.001-
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10926 668.006. All final plans, specifications, or reports prepared or
10927 issued by the registered landscape architect and filed for
10928 public record shall be signed by the registered landscape
10929 architect, dated, and stamped or sealed electronically with her
10930 or his seal. The signature, date, and seal constitute evidence
10931 of the authenticity of that to which they are affixed. Final
10932 plans, specifications, or reports prepared or issued by a
10933 registered landscape architect may be transmitted electronically
10934 and may be signed by the registered landscape architect, dated,
10935 and sealed electronically with the seal in accordance with ss.
10936 668.001-668.006.
10937 (2) It is unlawful for any person to sign and seal by any
10938 means any final plan, specification, or report after her or his
10939 certificate of registration is expired, suspended, or revoked. A
10940 registered landscape architect whose certificate of registration
10941 is suspended or revoked shall, within 30 days after the
10942 effective date of the suspension or revocation, surrender her or
10943 his seal to the department executive director of the board and
10944 confirm in writing to the department executive director the
10945 cancellation of the landscape architect's electronic signature
10946 in accordance with ss. 668.001-668.006. When a landscape
10947 architect's certificate of registration is suspended for a
10948 period of time, her or his seal shall be returned upon
10949 expiration of the period of suspension.
10950 (4) Nothing in This part does not shall prohibit a
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10951 registered landscape architect from filing plans of work defined
10952 under this part. A state agency or local government may not
10953 refuse to accept the seal of a landscape architect for any of
10954 the professional services delineated in s. 481.303(4),
10955 including, but not limited to, grading and drainage.
10956 Section 319. Paragraph (b) of subsection (6), paragraph
10957 (l) of subsection (8), paragraphs (a) and (d) of subsection (9),
10958 and subsections (15) and (16) of section 499.012, Florida
10959 Statutes, are amended, to read:
10960 499.012 Permit application requirements.—
10961 (6) A permit issued by the department is nontransferable.
10962 Each permit is valid only for the person or governmental unit to
10963 which it is issued and is not subject to sale, assignment, or
10964 other transfer, voluntarily or involuntarily; nor is a permit
10965 valid for any establishment other than the establishment for
10966 which it was originally issued.
10967 (b)1. An application for a new permit is required when a
10968 majority of the ownership or controlling interest of a permitted
10969 establishment is transferred or assigned or when a lessee agrees
10970 to undertake or provide services to the extent that legal
10971 liability for operation of the establishment will rest with the
10972 lessee. The application for the new permit must be made within
10973 30 days after before the date of the sale, transfer, assignment,
10974 or lease.
10975 2. A permittee that is authorized to distribute
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10976 prescription drugs may transfer such drugs to the new owner or
10977 lessee under subparagraph 1. only after the new owner or lessee
10978 has been approved for a permit to distribute prescription drugs.
10979
10980 The department may revoke the permit of any person that fails to
10981 comply with the requirements of this subsection.
10982 (8) An application for a permit or to renew a permit for a
10983 prescription drug wholesale distributor or an out-of-state
10984 prescription drug wholesale distributor submitted to the
10985 department must include:
10986 (l) The name of each of the applicant's designated
10987 representatives as required by subsection (15), together with
10988 The personal information statement and fingerprints required
10989 pursuant to subsection (9) for each such person.
10990 (9)(a) Each person required by subsection (8) or
10991 subsection (15) to provide a personal information statement and
10992 fingerprints shall provide the following information to the
10993 department on forms prescribed by the department:
10994 1. The person's places of residence for the past 7 years.
10995 2. The person's date and place of birth.
10996 3. The person's occupations, positions of employment, and
10997 offices held during the past 7 years.
10998 4. The principal business and address of any business,
10999 corporation, or other organization in which each such office of
11000 the person was held or in which each such occupation or position
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11001 of employment was carried on.
11002 5. Whether the person has been, during the past 7 years,
11003 the subject of any proceeding for the revocation of any license
11004 and, if so, the nature of the proceeding and the disposition of
11005 the proceeding.
11006 6. Whether, during the past 7 years, the person has been
11007 enjoined, temporarily or permanently, by a court of competent
11008 jurisdiction from violating any federal or state law regulating
11009 the possession, control, or distribution of prescription drugs,
11010 together with details concerning any such event.
11011 7. A description of any involvement by the person with any
11012 business, including any investments, other than the ownership of
11013 stock in a publicly traded company or mutual fund, during the
11014 past 4 years, which manufactured, administered, prescribed,
11015 distributed, or stored pharmaceutical products and any lawsuits
11016 in which such businesses were named as a party.
11017 8. A description of any felony criminal offense of which
11018 the person, as an adult, was found guilty, regardless of whether
11019 adjudication of guilt was withheld or whether the person pled
11020 guilty or nolo contendere. A criminal offense committed in
11021 another jurisdiction which would have been a felony in this
11022 state must be reported. If the person indicates that a criminal
11023 conviction is under appeal and submits a copy of the notice of
11024 appeal of that criminal offense, the applicant must, within 15
11025 days after the disposition of the appeal, submit to the
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11026 department a copy of the final written order of disposition.
11027 9. A photograph of the person taken in the previous 180
11028 days.
11029 10. A set of fingerprints for the person on a form and
11030 under procedures specified by the department, together with
11031 payment of an amount equal to the costs incurred by the
11032 department for the criminal record check of the person.
11033 11. The name, address, occupation, and date and place of
11034 birth for each member of the person's immediate family who is 18
11035 years of age or older. As used in this subparagraph, the term
11036 "member of the person's immediate family" includes the person's
11037 spouse, children, parents, siblings, the spouses of the person's
11038 children, and the spouses of the person's siblings.
11039 12. Any other relevant information that the department
11040 requires.
11041 (d) For purposes of applying for renewal of a permit under
11042 subsection (8) or certification under subsection (15), a person
11043 may submit the following in lieu of satisfying the requirements
11044 of paragraphs (a), (b), and (c):
11045 1. A photograph of the individual taken within 180 days;
11046 and
11047 2. A copy of the personal information statement form most
11048 recently submitted to the department and a certification under
11049 oath, on a form specified by the department, that the individual
11050 has reviewed the previously submitted personal information
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11051 statement form and that the information contained therein
11052 remains unchanged.
11053 (15)(a) Each establishment that is issued an initial or
11054 renewal permit as a prescription drug wholesale distributor or
11055 an out-of-state prescription drug wholesale distributor must
11056 designate in writing to the department at least one natural
11057 person to serve as the designated representative of the
11058 wholesale distributor. Such person must have an active
11059 certification as a designated representative from the
11060 department.
11061 (b) To be certified as a designated representative, a
11062 natural person must:
11063 1. Submit an application on a form furnished by the
11064 department and pay the appropriate fees.
11065 2. Be at least 18 years of age.
11066 3. Have at least 2 years of verifiable full-time:
11067 a. Work experience in a pharmacy licensed in this state or
11068 another state, where the person's responsibilities included, but
11069 were not limited to, recordkeeping for prescription drugs;
11070 b. Managerial experience with a prescription drug
11071 wholesale distributor licensed in this state or in another
11072 state;
11073 c. Managerial experience with the United States Armed
11074 Forces, where the person's responsibilities included, but were
11075 not limited to, recordkeeping, warehousing, distributing, or
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11076 other logistics services pertaining to prescription drugs;
11077 d. Managerial experience with a state or federal
11078 organization responsible for regulating or permitting
11079 establishments involved in the distribution of prescription
11080 drugs, whether in an administrative or a sworn law enforcement
11081 capacity; or
11082 e. Work experience as a drug inspector or investigator
11083 with a state or federal organization, whether in an
11084 administrative or a sworn law enforcement capacity, where the
11085 person's responsibilities related primarily to compliance with
11086 state or federal requirements pertaining to the distribution of
11087 prescription drugs.
11088 4. Receive a passing score of at least 75 percent on an
11089 examination given by the department regarding federal laws
11090 governing distribution of prescription drugs and this part and
11091 the rules adopted by the department governing the wholesale
11092 distribution of prescription drugs. This requirement shall be
11093 effective 1 year after the results of the initial examination
11094 are mailed to the persons that took the examination. The
11095 department shall offer such examinations at least four times
11096 each calendar year.
11097 5. Provide the department with a personal information
11098 statement and fingerprints pursuant to subsection (9).
11099 (c) The department may deny an application for
11100 certification as a designated representative or may suspend or
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11101 revoke a certification of a designated representative pursuant
11102 to s. 499.067.
11103 (d) A designated representative:
11104 1. Must be actively involved in and aware of the actual
11105 daily operation of the wholesale distributor.
11106 2. Must be employed full time in a managerial position by
11107 the wholesale distributor.
11108 3. Must be physically present at the establishment during
11109 normal business hours, except for time periods when absent due
11110 to illness, family illness or death, scheduled vacation, or
11111 other authorized absence.
11112 4. May serve as a designated representative for only one
11113 wholesale distributor at any one time.
11114 (e) A wholesale distributor must notify the department
11115 when a designated representative leaves the employ of the
11116 wholesale distributor. Such notice must be provided to the
11117 department within 10 business days after the last day of
11118 designated representative's employment with the wholesale
11119 distributor.
11120 (f) A wholesale distributor may not operate under a
11121 prescription drug wholesale distributor permit or an out-of-
11122 state prescription drug wholesale distributor permit for more
11123 than 10 business days after the designated representative leaves
11124 the employ of the wholesale distributor, unless the wholesale
11125 distributor employs another designated representative and
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11126 notifies the department within 10 business days of the identity
11127 of the new designated representative.
11128 (15)(16) A permit for a prescription drug manufacturer or
11129 a nonresident prescription drug manufacturer is subject to the
11130 requirements of s. 499.026.
11131 Section 320. Subsection (9) of section 499.0121, Florida
11132 Statutes, is amended to read:
11133 499.0121 Storage and handling of prescription drugs;
11134 recordkeeping.—The department shall adopt rules to implement
11135 this section as necessary to protect the public health, safety,
11136 and welfare. Such rules shall include, but not be limited to,
11137 requirements for the storage and handling of prescription drugs
11138 and for the establishment and maintenance of prescription drug
11139 distribution records.
11140 (9) RESPONSIBLE PERSONS.—Wholesale distributors must
11141 establish and maintain lists of officers, directors, managers,
11142 designated representatives, and other persons in charge of
11143 wholesale drug distribution, storage, and handling, including a
11144 description of their duties and a summary of their
11145 qualifications.
11146 Section 321. Subsection (9) of section 499.041, Florida
11147 Statutes, is amended to read:
11148 499.041 Schedule of fees for drug, device, and cosmetic
11149 applications and permits, product registrations, and free-sale
11150 certificates.—
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11151 (9) The department shall assess each person applying for
11152 certification as a designated representative a fee of $150, plus
11153 the cost of processing the criminal history record check.
11154 Section 322. Section 624.341, Florida Statutes, is created
11155 to read:
11156 624.341 Authority of Department of Law Enforcement to
11157 accept fingerprints of, and exchange criminal history records
11158 with respect to, certain persons applying to the Office of
11159 Insurance Regulation.—
11160 (1) The Legislature finds that criminal activity of
11161 insurers poses a particular danger to the residents of this
11162 state. Floridians rely, in good faith, on the honest conduct of
11163 those who issue and manage insurance policies and other
11164 insurance instruments in this state. To safeguard this state's
11165 residents, the Legislature finds it necessary to ensure that
11166 incorporators, subscribers, officers, employees, contractors,
11167 stockholders, directors, owners, members, managers, or
11168 volunteers involved in the organization, operation, or
11169 management of any insurer that is authorized to sell insurance
11170 do not have a criminal background.
11171 (2) The Department of Law Enforcement shall accept and
11172 process fingerprints of incorporators, subscribers, officers,
11173 employees, contractors, stockholders, directors, owners,
11174 members, managers, or volunteers involved in the organization,
11175 operation, or management of:
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11176 (a) Any insurer or proposed insurer transaction or
11177 proposing to transact insurance in this state.
11178 (b) Any entity that is eligible to be examined or
11179 investigated under s. 624.316.
11180 (3) Each person required to submit fingerprints to the
11181 office must provide a full set of fingerprints to the office or
11182 to a vendor, entity, or agency authorized under s. 943.053(13).
11183 The office, vendor, entity, or agency shall forward the
11184 fingerprints to the Department of Law Enforcement for state
11185 processing, and the Department of Law Enforcement shall forward
11186 the fingerprints to the Federal Bureau of Investigation for
11187 national processing as provided in s. 624.34. Fees for state and
11188 federal fingerprint processing must be borne by the person
11189 submitting the fingerprints. The state cost for fingerprint
11190 processing is as provided ins s. 943.053(3)(e).
11191 (4) The Department of Law Enforcement may, to the extent
11192 authorized by federal law, exchange any state or federal
11193 criminal history records with the office for the purpose of
11194 issuance or continuation of a certificate of authority,
11195 certification, or license to operate in this state.
11196 (5) Fingerprints must be submitted in accordance with
11197 rules adopted by the commission.
11198 (a) Fingerprints may be submitted through a third-party
11199 vendor authorized by the Department of Law Enforcement.
11200 (b) The Department of Law Enforcement shall conduct the
Page 448 of 449
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hb607-00
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 607 2026
11201 state criminal history background check, and a federal criminal
11202 history background check shall be conducted through the Federal
11203 Bureau of Investigation.
11204 (c) All fingerprints submitted to the Department of Law
11205 Enforcement must be submitted and entered into the statewide
11206 automated biometric identification system established in s.
11207 943.05(2)(b) and available for use in accordance with s.
11208 943.05(2)(g) and (h).
11209 (d) The costs of fingerprint processing, including the
11210 cost of retaining the fingerprints, must be borne by the person
11211 subject to the background checks.
11212 (e) The office shall review the results of the state and
11213 federal criminal history background checks and determine whether
11214 the applicant meets the requirements for the certificate of
11215 authority, certification, or license to operate in this state.
11216 (6) State criminal history records obtained through the
11217 Department of Law Enforcement, federal criminal history records
11218 obtained through the Federal Bureau of Investigation, and local
11219 criminal history records obtained through local law enforcement
11220 agencies must be used by the office for the purpose of issuance,
11221 denial, suspension, or revocation of certificates of authority,
11222 certifications, or licenses issued to operate in this state.
11223 Section 323. Except as otherwise expressly provided in
11224 this act, this act shall take effect July 1, 2026.
Page 449 of 449
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hb607-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 607 by Rep. Yarkosky
Industries and Professional Activities
AMENDMENT SUMMARY
December 11, 2025
468807 by Rep. Yarkosky (lines 11145):
• Exempts prescription drug establishments that store, warehouse, or hold prescription
drugs solely for destruction, that are not listed as a controlled substance, from certain
storage and handling requirements.
• Requires such prescription drug establishments to maintain certain records including the
name of the business entity from which the prescription drugs were collected, the type of
prescription drugs collected, an estimate of the quantity of prescription drugs collected,
and the manner in which the prescription drugs were destroyed.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 607 (2026)
Amendment No.
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 11145 and 11146, insert:
7 (16) APPLICABILITY TO PRESCRIPTION DRUGS NOT LISTED AS A
8 CONTROLLED SUBSTANCE.—
9 (a) An establishment at which prescription drugs not
10 listed as a controlled substance, as defined in s. 893.03, are
11 stored, warehoused, or held, solely for the purpose of arranging
12 for their destruction, is not required to comply with paragraph
13 (1)(c); subsections (3)-(6); paragraphs (8)(a), (b), and (d);
14 and subsection (13).
15 (b) Notwithstanding paragraph (a), an establishment at
16 which prescription drugs not listed as a controlled substance,
468807 - h0607-line 11145.docx
Published On: 12/10/2025 2:16:25 PM
Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 607 (2026)
Amendment No.
17 as defined in s. 893.03, are stored, warehoused, or held, solely
18 for the purpose of arranging for their destruction must maintain
19 the following records:
20 1. The business name, and address from which the
21 prescription drugs were collected.
22 2. A list of the prescription drugs.
23 3. The amount, or, if adulterated or altered prior to
24 collection, an estimate of the amount, of the prescription drugs
25 collected.
26 4. The manner, date, and location of destruction of the
27 prescription drugs.
28 (c) Records required to be kept pursuant to paragraph (b),
29 which are kept at the establishment or can be immediately
30 retrieved by computer or other electronic means, must be readily
31 available for authorized inspection pursuant to this section. If
32 such records are not available upon request, the records must be
33 made available for authorized inspection within 2 business days
34 after the request. Records kept at a central location outside of
35 this state which are not electronically retrievable must be made
36 available for inspection within 5 business days after a request.
37 (d) Records required to be kept pursuant to paragraph (b)
38 must be maintained for a period of not less than 5 years from
39 the date of destruction of the prescription drugs.
40
41 -----------------------------------------------------
468807 - h0607-line 11145.docx
Published On: 12/10/2025 2:16:25 PM
Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 607 (2026)
Amendment No.
42 D I R E C T O R Y A M E N D M E N T
43 Remove line 11132 and insert:
44 Statutes, is amended, and subsection (16) is created, to read:
45
46 -----------------------------------------------------
47 T I T L E A M E N D M E N T
48 Remove line 199 and insert:
49 person who must be listed by a wholesale distributor;
50 exempting specified establishments that store,
51 warehouse, or hold prescription drugs not listed as a
52 controlled substance from certain requirements;
53 requiring such establishments to maintain certain
54 records; requiring that such records be made readily
55 available or available within a specified time period
56 for inspection in certain circumstances; requiring
57 such records to be maintained for a specified time
58 period;
468807 - h0607-line 11145.docx
Published On: 12/10/2025 2:16:25 PM
Page 3 of 3
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