PCS for CS/HB 991 — Act Relating to Community and Economic Development (Commerce Committee, 2025)
Summary
PCS for CS/HB 991 2025 is a bill to be entitled an act relating to community and economic development. The opening title digest lists provisions that include terminating community redevelopment agencies on a specified date, renaming and removing boards, commissions and councils within the Department of Business and Professional Regulation, and providing licensing authority to the department rather than licensing boards. It also lists rules for a mobile barbershop, a hemp enforcement role for the Division of Alcoholic Beverages and Tobacco, and technical assistance preference for rural areas of opportunity with consultation of the Office of Rural Prosperity. The last printed page, Section 383, says that except as otherwise expressly provided, the act takes effect July 1, 2025.
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“PCS for CS/HB 991 — Act Relating to Community and Economic Development (Commerce Committee, 2025).”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for CS/HB 991 2025
1 A bill to be entitled
2 An act relating to community and economic development;
3 amending s. 163.3755, F.S.; providing for the
4 termination of community redevelopment agencies on a
5 specified date; removing an exception; prohibiting
6 community redevelopment agencies from initiating new
7 projects or issuing new debt on or after a specified
8 date unless certain requirements are met; defining the
9 term "new project"; revising provisions relating to
10 any outstanding bonds of a community redevelopment
11 agency; prohibiting the creation of community
12 redevelopment agencies on or after a specified date;
13 prohibiting the expansion of community redevelopment
14 areas on or after a specified date; providing
15 applicability; authorizing existing agencies before a
16 specified date to continue to operate; amending s.
17 20.165, F.S.; renaming, removing, and redesignating
18 specified boards, commissions, and councils
19 established within the Department of Business and
20 Professional Regulation; changing the office locations
21 of certain divisions; requiring the department to
22 provide to the Division of Professions a summary of
23 changes to statutory law within a specified time
24 period after adjournment of session; repealing ss.
25 310.011, 310.032, 310.042, 455.2124, 455.2228,
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26 468.384, 468.399, 468.4315, 468.4337, 468.4338,
27 468.521, 468.522, 468.523, 468.605, 468.8316,
28 468.8416, 471.007, 471.008, 471.009, 471.019,
29 471.0195, 471.038, 472.007, 472.008, 472.009, 472.018,
30 472.019, 473.303, 473.312, 474.204, 474.206, 475.02,
31 475.03, 475.04, 475.045, 475.05, 475.10, 476.054,
32 476.064, 477.015, 481.205, 481.2055, 481.305, 482.243,
33 489.107, 489.507, 492.103, 493.6116, 499.01211,
34 559.9221, and 570.81, F.S., relating to Board of Pilot
35 Commissioners; oath of members of the Board of Pilot
36 Commissioners; organization and meetings of the board;
37 proration of continuing education; barbers and
38 cosmetologists and instruction on HIV and AIDS;
39 Florida Board of Auctioneers; expenditure of excess
40 funds; Regulatory Council of Community Association
41 Managers; continuing education; reactivation and
42 continuing education; the Board of Employee Leasing
43 Companies, membership, appointments, and terms; rules
44 of the board; applicability of s. 20.165 and chapter
45 455; Florida Building Code Administrators and
46 Inspectors Board; continuing education; Board of
47 Professional Engineers; rulemaking authority of the
48 board; board headquarters; reactivation; Florida
49 Building Code training for engineers; Florida
50 Engineers Management Corporation; Board of
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51 Professional Surveyors and Mappers; rules of the
52 board; board headquarters; continuing education;
53 continuing education for reactivating a license; Board
54 of Veterinary Medicine; renewal of license; Board of
55 Accountancy; continuing education; Barbers' Board;
56 organization, headquarters, personnel, and meetings of
57 the board; Board of Cosmetology; Board of Architecture
58 and Interior Design; authority of the board to make
59 rules; Florida Real Estate Commission; delegation of
60 powers and duties; legal services; duty of commission
61 to educate members of profession; Florida Real Estate
62 Commission Education and Research Foundation; power of
63 commission to enact bylaws and rules and decide
64 questions of practice; seal; Board of Landscape
65 Architecture; Pest Control Enforcement Advisory
66 Council; Construction Industry Licensing Board;
67 Electrical Contractors' Licensing Board; Board of
68 Professional Geologists; sponsorship of interns; Drug
69 Wholesale Distributor Advisory Council; Motor Vehicle
70 Repair Advisory Council; and Agricultural Economic
71 Development Project Review Committee, respectively;
72 requiring the department to conduct a specified study;
73 amending ss. 212.08, 215.5586, 215.55871, 309.01,
74 310.0015, 310.002, 310.051, 310.061, 310.071, 310.073,
75 310.075, 310.081, 310.101, 310.102, 310.111, 310.1115,
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76 310.121, 310.131, 310.142, 310.151, 310.183, 310.185,
77 319.28, 326.002, 326.006, 376.303, 381.0065, 403.868,
78 403.9329, 440.02, 448.26, 468.382, 468.385, 468.3852,
79 468.3855, 468.387, 468.388, 468.389, 468.392, 468.393,
80 468.395, 468.396, 468.397, 468.398, 468.431, 468.433,
81 468.4336, 468.435, 468.436, 468.520, 468.522, 468.524,
82 468.5245, 468.525, 468.526, 468.527, 468.5275,
83 468.529, 468.530, 468.531, 468.532, 468.603, 468.606,
84 468.607, 468.613, 468.619, 468.621, 468.627, 468.629,
85 468.631, 468.8312, 468.8315, 468.8415, 468.8417,
86 468.8419, 469.004, 469.012, 469.013, 471.003,
87 471.0035, 471.005, 471.011, 471.013, 471.017, 471.021,
88 471.023, 471.025, 471.031, 471.033, 471.045, 471.055,
89 472.003, 472.005, 473.302, 473.3035, 473.304, 473.305,
90 473.306, 473.309, 473.3101, 473.311, 473.3125,
91 473.313, 473.314, 473.315, 473.316, 473.319, 473.3205,
92 473.321, 473.322, 473.323, 474.202, 474.2065, 474.207,
93 474.211, 474.2125, 474.213, 474.214, 474.215, 474.216,
94 474.2165, 474.217, 474.221, 476.034, 476.074, 476.114,
95 476.134, 476.144, 476.154, 476.155, 476.192, 476.204,
96 476.214, 476.234, 477.013, 477.0135, 477.016, 477.018,
97 477.019, 477.0201, 477.0212, 477.022, 477.025,
98 477.026, 477.0263, 477.028, 477.029, 481.203, 481.207,
99 481.209, 481.211, 481.215, 481.217, 481.219, 481.221,
100 481.222, 481.223, 481.225, 481.2251, 481.303, 481.306,
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101 481.307, 481.309, 481.310, 481.311, 481.313, 481.315,
102 481.317, 481.319, 481.321, 481.323, 481.325, 489.103,
103 489.105, 489.108, 489.109, 489.111, 489.113, 489.1131,
104 489.1136, 489.114, 489.115, 489.116, 489.117, 489.118,
105 489.119, 489.1195, 489.121, 489.126, 489.127, 489.129,
106 489.131, 489.132, 489.133, 489.1401, 489.1402,
107 489.141, 489.142, 489.1425, 489.143, 489.1455,
108 489.146, 489.509, 489.510, 489.511, 489.513, 489.514,
109 489.515, 489.516, 489.5161, 489.517, 489.518,
110 489.5185, 489.519, 489.520, 489.521, 489.522, 489.523,
111 489.525, 489.533, 489.5335, 489.537, 489.552, 492.102,
112 492.104, 492.105, 492.1051, 492.106, 492.107, 492.108,
113 492.1101, 492.111, 492.113, 493.6101, 493.6105,
114 493.6106, 493.6111, 493.6113, 493.6118, 493.6120,
115 493.6123, 493.6201, 493.6202, 493.6203, 493.6301,
116 493.6302, 493.6303, 493.6304, 493.631, 493.6401,
117 493.6402, 493.6403, 493.6406, 514.0315, 514.075,
118 533.791, 553.998, 569.34, 627.192, 633.216, 713.01,
119 and 1006.12, F.S.; providing licensing authority to
120 the department rather than licensing boards; removing
121 continuing education requirements; conforming
122 provisions to changes made by the act; amending s.
123 474.2021, F.S.; revising requirements related to
124 prescriptions by veterinarians practicing telehealth;
125 providing licensing authority to the department rather
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126 than licensing boards; amending s. 259.1053, F.S.;
127 removing the Babcock Ranch Advisory Group; amending s.
128 399.035, F.S.; revising the requirements for
129 accessibility of elevators for the physically
130 handicapped; amending s. 373.219, F.S.; providing an
131 exception to the permit requirement for certain
132 landscape irrigation water users; amending s. 455.02,
133 F.S.; specifying that certain license application
134 requirements apply only to certain professions;
135 amending s. 455.213, F.S.; providing regulation
136 authority to the department to regulate a
137 cosmetologist or cosmetology specialist review an
138 applicant's criminal record; amending s. 468.386,
139 F.S.; requiring the department to reduce fees by a
140 specified percentage on a certain date; amending s.
141 468.609, F.S.; revising the standards for
142 certification as a building code inspector or plans
143 examiner; amending s. 471.015, F.S.; revising who the
144 department must certify as qualified for a license by
145 endorsement for the practice of engineering; amending
146 s. 473.308, F.S.; revising the education and work
147 experience requirements for a certified public
148 accountant license; directing the department to
149 prescribe specified coursework for licensure; revising
150 requirements for licensure by endorsement; removing
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151 provisions relating to licensure of applicants with
152 work experience in foreign countries; providing
153 applicability; creating s. 473.3085, F.S.; requiring
154 an international applicant who seeks licensure as a
155 certified public accountant in this state to meet
156 specified criteria prescribed by the department;
157 requiring such applicants to apply to the department;
158 requiring such applicants to create and maintain an
159 online account with the department; providing that the
160 applicant's e-mail address serves as the primary means
161 of communication from the department; requiring an
162 applicant to submit any change in certain information
163 within a specified timeframe through the department's
164 online system; requiring the department to certify an
165 applicant who meets certain requirements; requiring
166 the department to adopt rules; amending s. 473.3141,
167 F.S.; revising requirements for certified public
168 accountants licensed in another state or a territory
169 of the United States to practice in this state without
170 obtaining a license; amending s. 476.184, F.S.;
171 requiring the department to adopt rules; requiring a
172 mobile barbershop to comply with all licensure and
173 operating requirements that apply to a barbershop at a
174 fixed location; providing an exception; requiring a
175 mobile barbershop to have a permanent business address
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176 in a specified location; requiring that certain
177 records be kept at the permanent business address;
178 requiring a mobile barbershop licenseholder to file
179 with the department a written monthly itinerary that
180 provides certain information; requiring that a
181 licenseholder comply with certain laws and ordinances;
182 amending s. 476.188, F.S.; providing that a barbershop
183 must be licensed with the department, rather than
184 registered; authorizing the practice of barbering to
185 be performed in a location other than a licensed
186 barbershop under certain circumstances; amending s.
187 481.213, F.S.; revising who the department shall
188 certify as qualified for a license by endorsement in
189 the practice of architecture; amending s. 499.012,
190 F.S.; revising permit application requirements for
191 sale, transfer, assignment, or lease; removing permit
192 application requirements for a prescription drug
193 wholesale distributor to include a designated
194 representative; amending s. 499.0121, F.S.; removing a
195 designated representative as a responsible person who
196 must be listed by a wholesale distributor; amending s.
197 499.041, F.S.; removing a requirement that the
198 department assess each person applying for
199 certification as a designated representative a fee,
200 plus the cost of processing a criminal history record
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201 check; amending s. 509.261, F.S.; prohibiting a
202 lodging establishment or a public food service
203 establishment from selling hemp in violation of the
204 state hemp program; reordering and amending s.
205 569.002, F.S; making technical changes; amending s.
206 569.006, F.S.; revising the violations for which
207 retail tobacco products dealers are penalized;
208 amending 569.35, F.S.; revising retail nicotine
209 product dealer administrative penalties; amending s.
210 581.217, F.S.; defining the term "division";
211 authorizing the Division of Alcoholic Beverages and
212 Tobacco to assist any agent of the Department of
213 Agriculture and Consumer Services in enforcing the
214 state hemp program; authorizing the division to enter
215 any public or private premises during a specified
216 timeframe in the performance of its duties; reenacting
217 and amending s. 20.60, F.S.; revising the list of
218 divisions and offices within the Department of
219 Commerce to conform to changes made by the act;
220 revising the annual program reports that must be
221 included in the annual report of the Department of
222 Commerce; amending s. 163.3168, F.S.; requiring the
223 state land planning agency to give preference for
224 technical assistance funding to local governments
225 located in a rural area of opportunity; requiring the
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226 agency to consult with the Office of Rural Prosperity
227 when awarding certain funding; amending s. 215.971,
228 F.S.; providing construction regarding agreements
229 funded with federal or state assistance; requiring the
230 agency to expedite payment requests from a county,
231 municipality, or rural area of opportunity for a
232 specified purpose; requiring each state agency to
233 report to the Office of Rural Prosperity by a certain
234 date with a summary of certain information; requiring
235 the office to summarize the information it receives
236 for its annual report; amending s. 218.67, F.S.;
237 revising the conditions required for a county to be
238 considered a fiscally constrained county; authorizing
239 eligible counties to receive a distribution of sales
240 and use tax revenue; revising the sources that the
241 Department of Revenue must use to determine the amount
242 distributed to fiscally constrained counties; revising
243 the factors for allocation of the distribution of
244 revenue to fiscally constrained counties; requiring
245 that the computation and amount distributed be
246 calculated based on a specified rounding algorithm;
247 authorizing specified uses for the revenue; conforming
248 a cross-reference; amending s. 288.0001, F.S.;
249 requiring the Office of Economic and Demographic
250 Research and the Office of Program Policy Analysis and
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251 Government Accountability (OPPAGA) to prepare a report
252 for a specified purpose; specifying requirements for
253 the report; providing that the Office of Economic and
254 Demographic Research and OPPAGA must be provided with
255 all data necessary to complete the rural communities
256 or areas report upon request; authorizing the Office
257 of Economic and Demographic Research and OPPAGA to
258 collaborate on all data collection and analysis;
259 requiring the Office of Economic and Demographic
260 Research and OPPAGA to submit the report to the
261 Legislature by a specified date; providing additional
262 requirements for the report; providing for expiration;
263 amending s. 288.001, F.S.; requiring the Florida Small
264 Business Development Center Network to use certain
265 funds appropriated for a specified purpose;
266 authorizing the network to dedicate funds to
267 facilitate certain events; amending s. 288.007, F.S.;
268 revising which local governments and economic
269 development organizations seeking to recruit
270 businesses are required to submit a specified report;
271 creating s. 288.013, F.S.; providing legislative
272 findings; creating the Office of Rural Prosperity
273 within the Department of Commerce; requiring the
274 Governor to appoint a director, subject to
275 confirmation by the Senate; providing that the
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276 director reports to and serves at the pleasure of the
277 secretary of the department; providing the duties of
278 the office; requiring the office to establish by a
279 specified date a certain number of regional rural
280 community liaison centers across this state for a
281 specified purpose; providing the powers, duties, and
282 functions of the liaison centers; requiring the
283 liaison centers, to the extent possible, to coordinate
284 with certain entities; requiring the liaison centers
285 to engage with the Rural Economic Development
286 Initiative (REDI); requiring at least one staff member
287 of a liaison center to attend the monthly meetings in
288 person or by means of electronic communication;
289 requiring the director of the office to submit an
290 annual report to the Administration Commission in the
291 Executive Office of the Governor; specifying
292 requirements for the annual report; requiring that the
293 annual report also be submitted to the Legislature by
294 a specified date and published on the office's
295 website; requiring the director of the office to
296 attend the next Administration Commission meeting to
297 present detailed information from the annual report;
298 requiring OPPAGA to review the effectiveness of the
299 office by a certain date annually until a specified
300 date; requiring OPPAGA to review the office at
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301 specified intervals; requiring such reviews to include
302 certain information to be considered by the
303 Legislature; requiring that such reports be submitted
304 to the Legislature; requiring OPPAGA to review certain
305 strategies from other states; requiring OPPAGA to
306 submit to the Legislature its findings at certain
307 intervals; creating s. 288.014, F.S.; providing
308 legislative findings; requiring the Office of Rural
309 Prosperity to administer the Renaissance Grants
310 Program to provide block grants to eligible
311 communities; requiring the Office of Economic and
312 Demographic Research to certify to the Office of Rural
313 Prosperity certain information by a specified date;
314 defining the term "growth-impeded"; requiring the
315 Office of Economic and Demographic Research to certify
316 annually that a county remains growth-impeded until
317 such county has positive population growth for a
318 specified amount of time; providing that such county,
319 after 3 consecutive years of population growth, is
320 eligible to participate in the program for 1
321 additional year; requiring a county eligible for the
322 program to enter into an agreement with the Office of
323 Rural Prosperity in order to receive the block grant;
324 giving such counties broad authority to design their
325 specific plans; prohibiting the Office of Rural
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326 Prosperity from determining how such counties
327 implement the block grant; requiring regional rural
328 community liaison center staff to provide assistance,
329 upon request; requiring participating counties to
330 report annually to the Office of Rural Prosperity with
331 certain information; providing that a participating
332 county receives a specified amount from funds
333 appropriated to the program; requiring participating
334 counties to make all attempts to limit the amount
335 spent on administrative costs; authorizing
336 participating counties to contribute other funds for
337 block grant purposes; requiring participating counties
338 to hire a renaissance coordinator; providing that
339 funds from the block grant may be used to hire the
340 renaissance coordinator; providing the
341 responsibilities of the renaissance coordinator;
342 requiring the regional rural community liaison center
343 staff to provide assistance and training to the
344 renaissance coordinator, upon request; requiring
345 participating counties to design a plan to make
346 targeted investments to achieve population growth and
347 increase economic vitality; providing requirements for
348 such plans; requiring participating counties to
349 develop intergovernmental agreements with certain
350 entities in order to implement the plan; requiring the
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351 Auditor General to conduct an operational audit every
352 2 years for a specified purpose; requiring the Office
353 of Economic and Demographic Research to provide an
354 annual report on a specified date of renaissance block
355 grant recipients by county; providing requirements for
356 the annual report; requiring that the report be
357 submitted to the Legislature; prohibiting funds
358 appropriated for the program from being subject to
359 reversion; providing for an expiration of the section;
360 creating s. 288.0175, F.S.; creating the Public
361 Infrastructure Smart Technology Grant Program within
362 the Office of Rural Prosperity; defining terms;
363 requiring the office to contract with one or more
364 smart technology lead organizations to administer a
365 grant program for a specified purpose; providing the
366 criteria for such contracts; requiring that projects
367 funded by the grant program be included in the
368 office's annual report; amending s. 288.018, F.S.;
369 requiring the office, rather than the Department of
370 Commerce, to establish a grant program to provide
371 funding for regional economic development
372 organizations; revising who may apply for such grants;
373 providing that a grant award may not exceed a certain
374 amount in a year; providing exceptions to a provision
375 that the department may expend a certain amount for a
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376 certain purpose; amending s. 288.019, F.S.; revising
377 the program criteria and procedures that agencies and
378 organizations of REDI are required to review; revising
379 the list of impacts each REDI agency and organization
380 must consider in its review; requiring REDI agencies
381 and organizations to develop a proposal for
382 modifications which minimizes the financial and
383 resource impacts to a rural community; requiring that
384 ranking of evaluation criteria and scoring procedures
385 be used only when ranking is a component of the
386 program; requiring that match requirements be waived
387 or reduced for rural communities; providing that
388 donations of land may be treated as in-kind matches;
389 requiring each agency and organization that applies
390 for or receives federal funding to request federal
391 approval to waive or reduce the financial match
392 requirements, if any, for projects in rural
393 communities; requiring that proposals be submitted to
394 the office, rather than the department; requiring each
395 REDI agency and organization to modify rules or
396 policies as necessary to reflect the finalized
397 proposal; requiring that information about authorized
398 waivers be included on the office's online rural
399 resource directory; conforming a cross-reference;
400 amending s. 288.021, F.S.; requiring, when
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401 practicable, the economic development liaison to serve
402 as the agency representative for REDI; amending s.
403 288.065, F.S.; defining the term "unit of local
404 government"; requiring the office to include in its
405 annual report certain information about the Rural
406 Community Development Revolving Loan Fund; conforming
407 provisions to changes made by the act; amending s.
408 288.0655, F.S.; revising the list of grants that may
409 be awarded by the office; deleting the authorization
410 for local match requirements to be waived for a
411 catalyst site; revising the list of departments the
412 office must consult with to certify applicants;
413 requiring the office to include certain information
414 about the Rural Infrastructure Trust Fund in its
415 annual report; conforming provisions to changes made
416 by the act; amending s. 288.0656, F.S.; providing
417 legislative findings; providing that REDI is created
418 within the Office of Rural Prosperity, rather than the
419 department; deleting the definitions of the terms
420 "catalyst project" and "catalyst site"; requiring that
421 an alternate for each designated deputy secretary be a
422 deputy secretary or higher-level staff person;
423 requiring that the names of such alternates be
424 reported to the director of the office; requiring at
425 least one rural liaison to participate in REDI
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426 meetings; requiring REDI to meet at least each month;
427 deleting a provision that a rural area of opportunity
428 may designate catalyst projects; requiring REDI to
429 submit a certain report to the office, rather than to
430 the department; specifying requirements for such
431 report; conforming provisions to changes made by the
432 act; repealing s. 288.06561, F.S., relating to
433 reduction or waiver of financial match requirements;
434 amending s. 288.0657, F.S.; requiring the office,
435 rather than the department, to provide grants to
436 assist rural communities; providing that such grants
437 may be used for specified purposes; requiring the
438 rural liaison to assist those applying for such
439 grants; providing that marketing grants may include
440 certain funding; amending s. 288.1226, F.S.; revising
441 required components of the 4-year marketing plan of
442 the Florida Tourism Industry Marketing Corporation;
443 repealing s. 288.12266, F.S., relating to the Targeted
444 Marketing Assistance Program; amending s. 288.9961,
445 F.S.; revising the definition of the term
446 "underserved"; requiring the office to consult with
447 regional rural community liaison centers on
448 development of a certain strategic plan; requiring
449 rural liaisons to assist rural communities with
450 providing feedback in applying for federal grants for
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451 broadband Internet services; requiring the office to
452 submit reports with specified information to the
453 Governor and the Legislature within certain
454 timeframes; repealing s. 290.06561, F.S., relating to
455 designation of rural enterprise zones as catalyst
456 sites; amending s. 334.044, F.S.; revising the powers
457 and duties of the Department of Transportation;
458 amending s. 339.0801, F.S.; revising the allocation of
459 funds received in the State Transportation Trust Fund;
460 amending s. 339.2816, F.S.; requiring, rather than
461 authorizing, that certain funds received from the
462 State Transportation Trust Fund be used for the Small
463 County Road Assistance Program; requiring the
464 department to use other additional revenues for the
465 Small County Road Assistance Program; providing an
466 exception from the prohibition against funding
467 capacity improvements on county roads; amending s.
468 339.2817, F.S.; revising the criteria that the
469 Department of Transportation must consider for
470 evaluating projects for County Incentive Grant Program
471 assistance; requiring the department to give priority
472 to counties located either wholly or partially within
473 the Everglades Agricultural Area and which request a
474 specified percentage of project costs for eligible
475 projects; specifying a limitation on such requests;
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476 providing for future expiration; amending s. 339.2818,
477 F.S.; deleting a provision that the funds allocated
478 under the Small County Outreach Program are in
479 addition to the Small County Road Assistance Program;
480 deleting a provision that a local government within
481 the Everglades Agricultural Area, the Peace River
482 Basin, or the Suwannee River Basin may compete for
483 additional funding; conforming provisions to changes
484 made by the act; making a technical change; amending
485 s. 339.68, F.S.; providing legislative findings;
486 creating the Florida Arterial Road Modernization
487 Program within the Department of Commerce; defining
488 the term "rural community"; requiring the department
489 to allocate from the State Transportation Trust Fund a
490 minimum sum in each fiscal year to fund the program;
491 providing that such funding is in addition to any
492 other funding provided to the program; providing
493 criteria the department must use to prioritize
494 projects for funding under the program; requiring the
495 department to submit a report to the Governor and the
496 Legislature by a specified date; requiring that such
497 report be submitted every 2 years thereafter;
498 providing the criteria for such report; requiring the
499 Department of Transportation to allocate additional
500 funds to implement the Small County Road Assistance
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501 Program and amend the tentative work program for a
502 specified number of fiscal years; requiring the
503 department to submit a budget amendment before the
504 adoption of the work program; requiring the department
505 to allocate sufficient funds to implement the Florida
506 Arterial Road Modernization Program; requiring the
507 department to amend the current tentative work program
508 for a specified number of fiscal years to include the
509 program's projects; requiring the department to submit
510 a budget amendment before the implementation of the
511 program; requiring that the revenue increases in the
512 State Transportation Trust Fund which are derived from
513 the act be used to fund the work program; amending s.
514 420.9073, F.S.; revising the calculation of guaranteed
515 amounts distributed from the Local Government Housing
516 Trust Fund; reenacting and amending s. 420.9075, F.S.;
517 authorizing a certain percentage of the funds made
518 available in each county and eligible municipality
519 from the local housing distribution to be used to
520 preserve multifamily affordable rental housing;
521 specifying what such funds may be used for; providing
522 an expiration; amending ss. 163.3187, 212.205,
523 257.191, 257.193, 265.283, 288.11621, 288.11631,
524 443.191, 571.26, and 571.265, F.S.; conforming cross-
525 references and provisions to changes made by the act;
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526 reenacting s. 288.9935(8), F.S., relating to the
527 Microfinance Guarantee Program, to incorporate the
528 amendment made to s. 20.60, F.S., in a reference
529 thereto; reenacting ss. 125.0104(5)(c), 193.624(3),
530 196.182(2), 218.12(1), 218.125(1), 218.135(1),
531 218.136(1), 252.35(2)(cc), 288.102(4), 403.064(16)(g),
532 589.08(2) and (3), and 1011.62(1)(f), F.S., relating
533 to authorized uses of tourist development tax;
534 applicability of assessments of renewable energy
535 source devices; application of exemptions of renewable
536 energy source devices; appropriations to offset
537 reductions in ad valorem tax revenue in fiscally
538 constrained counties; offset for tax loss associated
539 with certain constitutional amendments affecting
540 fiscally constrained counties; offset for tax loss
541 associated with reductions in value of certain citrus
542 fruit packing and processing equipment; offset for ad
543 valorem revenue loss affecting fiscally constrained
544 counties; Division of Emergency Management powers;
545 one-to-one match requirement under the Supply Chain
546 Innovation Grant Program; applicability of provisions
547 related to reuse of reclaimed water; land acquisition
548 restrictions; and funds for operation of schools,
549 respectively, to incorporate the amendment made to s.
550 218.67, F.S., in references thereto; reenacting s.
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551 403.0741(6)(c), F.S., relating to grease waste removal
552 and disposal, to incorporate the amendments made to
553 ss. 218.67 and 339.2818, F.S., in references thereto;
554 reenacting s. 163.3177(7)(e), F.S., relating to
555 required and optional elements of comprehensive plans
556 and studies and surveys, to incorporate the amendment
557 made to s. 288.0656, F.S., in a reference thereto;
558 reenacting s. 288.9962(7)(a), F.S., relating to the
559 Broadband Opportunity Program, to incorporate the
560 amendment made to s. 288.9961, F.S., in a reference
561 thereto; reenacting s. 339.66(5) and (6), F.S.,
562 relating to upgrades of arterial highways with
563 controlled access facilities, to incorporate the
564 amendment made to s. 339.68, F.S., in references
565 thereto; reenacting ss. 420.9072(4) and (6),
566 420.9076(7)(b), and 420.9079(2), F.S., relating to the
567 State Housing Initiatives Partnership Program,
568 adoption of affordable housing incentive strategies
569 and committees, and the Local Government Housing Trust
570 Fund, respectively, to incorporate the amendment made
571 to s. 420.9073, F.S., in references thereto; amending
572 s. 553.79, F.S.; prohibiting a local enforcement
573 agency from denying the issuance of a certificate of
574 occupancy to an owner of residential or commercial
575 property based on noncompliance with Florida-friendly
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576 landscaping ordinances in certain circumstances;
577 prohibiting a local enforcement agency from denying
578 the issuance of a building permit for the alteration,
579 modification, or repair of a single-family residential
580 structure in certain circumstances; prohibiting a
581 local enforcement agency from requiring a building
582 permit for the construction of playground equipment or
583 a fence on certain property; amending s. 475.17, F.S.;
584 removing postlicensure education requirements for
585 brokers, broker associates, and sales associates;
586 amending ss. 475.175 and 475.180, F.S.; conforming
587 provisions to changes made by the act; amending s.
588 475.182, F.S.; removing continuing education
589 requirements for licensure renewal as a broker, a
590 broker associate, and a sales associate; amending s.
591 475.183, F.S.; removing continuing education
592 requirements for licensure renewal due to inactive
593 status; amending s. 481.321, F.S.; revising provisions
594 relating to seals and display of certificate number of
595 registered landscape architects; amending s. 624.341,
596 F.S.; providing legislative findings and intent;
597 requiring the Department of Law Enforcement to accept
598 certain fingerprints; specifying procedures for
599 fingerprinting; authorizing the department to exchange
600 certain records with the Office of Insurance
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601 Regulation; specifying that fingerprints must be
602 submitted in accordance with certain rules;
603 authorizing that the fingerprints be submitted through
604 a third-party vendor authorized by the department;
605 requiring the department to conduct certain background
606 checks; requiring that certain fingerprints be
607 submitted and entered into a specified system;
608 requiring the office to inform the department of any
609 person whose fingerprints no longer must be retained;
610 specifying who bears the costs of fingerprint
611 processing; specifying that certain criminal records
612 must be used by the office for certain purposes;
613 amending s. 475.613, F.S.; granting certain authority
614 to the department, rather than the Florida Real Estate
615 Appraisal Board; amending ss. 475.25, 475.611,
616 475.612, 475.614, 475.6145, 475.6147, 475.615,
617 475.617, 475.6171, 475.618, 475.619, 475.621,
618 475.6222, 475.6235, 475.624, 475.6245, 475.625,
619 475.626, 475.627, 475.628, 475.629, 475.630, and
620 475.631, F.S.; revising provisions pertaining to the
621 board to transfer powers, duties, and responsibilities
622 of the board to the Department of Business and
623 Professional Regulation; providing effective dates.
624
625 Be It Enacted by the Legislature of the State of Florida:
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626
627 Section 1. Section 163.3755, Florida Statutes, is amended
628 to read:
629 163.3755 Termination of community redevelopment agencies;
630 prohibition on future creation and expansion.—
631 (1) A community redevelopment agency in existence on July
632 1, 2025 October 1, 2019, shall terminate on the expiration date
633 provided in the agency's charter on July 1, 2025 October 1,
634 2019, or on September 30, 2045 September 30, 2039, whichever is
635 earlier, unless the governing body of the county or municipality
636 that created the community redevelopment agency approves its
637 continued existence by a majority vote of the members of the
638 governing body.
639 (2) A community redevelopment agency may not initiate any
640 new projects or issue any new debt on or after October 1, 2025,
641 unless:
642 (a) The new project initiated is completed by the agency's
643 termination date.
644 (b) Any new debt issued to finance a new project matures
645 on or before the agency's termination date.
646
647 For purposes of this subsection, the term "new project" means
648 any project for which there is no appropriation in the community
649 redevelopment agency's budget for the fiscal year ending on
650 September 30, 2025, or for which the community redevelopment
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651 agency has not retained appropriated funds pursuant to s.
652 163.387(7)(d) for the fiscal year ending on September 30, 2025.
653 (3)(2)(a) Notwithstanding subsection (1) If the governing
654 body of the county or municipality that created the community
655 redevelopment agency does not approve its continued existence by
656 a majority vote of the governing body members, a community
657 redevelopment agency with outstanding bonds as of July 1, 2025
658 October 1, 2019, that do not mature until after the termination
659 date of the agency or September 30, 2045 September 30, 2039,
660 whichever is earlier, remains in existence until the date the
661 bonds mature.
662 (b) A community redevelopment agency operating under this
663 subsection on or after September 30, 2045 September 30, 2039,
664 may not extend the maturity date of any outstanding bonds.
665 (c) The county or municipality that created the community
666 redevelopment agency must issue an amended community
667 redevelopment plan a new finding of necessity limited to timely
668 meeting the remaining bond obligations of the community
669 redevelopment agency.
670 (4) Subsections (1), (2), and (3) do not apply to a
671 community redevelopment agency created by a county if the county
672 that created such agency is the only taxing authority that
673 contributes to the community redevelopment agency's
674 redevelopment trust fund pursuant to s. 163.387 and the county
675 charter establishes a limitation on the amount of revenue the
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676 county may collect. However, such community redevelopment agency
677 may not issue any new bond debt on or after October 1, 2025.
678 (5)(a) A community redevelopment agency may not be created
679 on or after July 1, 2025.
680 (b) A community redevelopment agency, or the governing
681 body of the county or municipality that created the community
682 redevelopment agency, may not expand the boundaries of its
683 community redevelopment area on or after July 1, 2025.
684 (c) A community redevelopment agency in existence before
685 July 1, 2025, may continue to operate within its community
686 redevelopment area as provided in this part.
687 Section 2. Section 20.165, Florida Statutes, is amended to
688 read:
689 20.165 Department of Business and Professional
690 Regulation.—There is created a Department of Business and
691 Professional Regulation.
692 (1) The head of the Department of Business and
693 Professional Regulation is the Secretary of Business and
694 Professional Regulation. The secretary shall be appointed by the
695 Governor, subject to confirmation by the Senate. The secretary
696 shall serve at the pleasure of the Governor.
697 (2) The following divisions of the Department of Business
698 and Professional Regulation are established:
699 (a) Division of Administration.
700 (b) Division of Alcoholic Beverages and Tobacco.
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701 (c) Division of Certified Public Accounting.
702 1. The director of the division shall be appointed by the
703 secretary of the department, subject to approval by a majority
704 of the Board of Accountancy.
705 2. The offices of the division shall be located in
706 Tallahassee Gainesville.
707 (d) Division of Drugs, Devices, and Cosmetics.
708 (e) Division of Florida Condominiums, Timeshares, and
709 Mobile Homes.
710 (f) Division of Hotels and Restaurants.
711 (g) Division of Professions.
712 (h) Division of Real Estate.
713 1. The director of the division shall be appointed by the
714 secretary of the department, subject to approval by a majority
715 of the Florida Real Estate Commission.
716 2. The offices of the division shall be located in
717 Tallahassee Orlando.
718 (i) Division of Regulation.
719 (j) Division of Technology.
720 (k) Division of Service Operations.
721 (3) The secretary shall appoint a director for each
722 division established within this section. Each division director
723 shall directly administer the division and shall be responsible
724 to the secretary. The secretary may appoint deputy and assistant
725 secretaries as necessary to aid the secretary in fulfilling the
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726 secretary's statutory obligations.
727 (4)(a) The following boards and programs are established
728 within the Division of Professions:
729 (a)1. Board of Architecture and Interior Design licensing
730 program, created under parts part I and II of chapter 481.
731 (b)2. Florida Board of Auctioneers licensing program,
732 created under part VI of chapter 468.
733 (c)3. Barbers' licensing program Board, created under
734 chapter 476.
735 (d)4. Florida Building Code Administrators and Inspectors
736 licensing program Board, created under part XII of chapter 468.
737 (e)5. Construction Industry licensing program Board,
738 created under part I of chapter 489.
739 (f)6. Board of Cosmetology licensing program, created
740 under chapter 477.
741 (g)7. Electrical Contractors' licensing program Board,
742 created under part II of chapter 489.
743 (h)8. Board of Employee Leasing Companies licensing
744 program, created under part XI of chapter 468.
745 (i)9. Board of Landscape Architecture licensing program,
746 created under part II of chapter 481.
747 (j)10. Board of Pilot Commissioners licensing program,
748 created under chapter 310.
749 (k)11. Board of Professional Engineers licensing program,
750 created under chapter 471.
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751 (l)12. Board of Professional Geologists licensing program,
752 created under chapter 492.
753 (m)13. Board of Veterinary Medicine licensing program,
754 created under chapter 474.
755 (n)14. Home inspection services licensing program, created
756 under part XV of chapter 468.
757 (o)15. Mold-related services licensing program, created
758 under part XVI of chapter 468.
759 (p) Talent agency licensing program, created under part
760 VII of chapter 468.
761 (q) The Florida Building Commission, created under chapter
762 553.
763 (r) The Community Association Managers Licensing Program,
764 created under part VIII of chapter 468.
765 (s) Yacht and ship brokers licensing program, created
766 under chapter 326.
767 (b) The following board and commission are established
768 within the Division of Real Estate:
769 1. Florida Real Estate Appraisal Board, created under part
770 II of chapter 475.
771 2. Florida Real Estate Commission, created under part I of
772 chapter 475.
773 (c) The following board is established within the Division
774 of Certified Public Accounting: Board of Accountancy, created
775 under chapter 473.
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776 (5) The members of each board established pursuant to
777 subsection (4) shall be appointed by the Governor, subject to
778 confirmation by the Senate. Consumer members on the board shall
779 be appointed pursuant to subsection (6). Members shall be
780 appointed for 4-year terms, and such terms shall expire on
781 October 31. However, a term of less than 4 years may be utilized
782 to ensure that:
783 (a) No more than two members' terms expire during the same
784 calendar year for boards consisting of seven or eight members.
785 (b) No more than 3 members' terms expire during the same
786 calendar year for boards consisting of 9 to 12 members.
787 (c) No more than 5 members' terms expire during the same
788 calendar year for boards consisting of 13 or more members.
789
790 A member whose term has expired shall continue to serve on the
791 board until such time as a replacement is appointed. A vacancy
792 on the board shall be filled for the unexpired portion of the
793 term in the same manner as the original appointment. No member
794 may serve for more than the remaining portion of a previous
795 member's unexpired term, plus two consecutive 4-year terms of
796 the member's own appointment thereafter.
797 (6) Each board with five or more members shall have at
798 least two consumer members who are not, and have never been,
799 members or practitioners of the profession regulated by such
800 board or of any closely related profession. Each board with
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801 fewer than five members shall have at least one consumer member
802 who is not, and has never been, a member or practitioner of the
803 profession regulated by such board or of any closely related
804 profession.
805 (7) No board, with the exception of joint
806 coordinatorships, shall be transferred from its present location
807 unless authorized by the Legislature in the General
808 Appropriations Act.
809 (5)(8) Notwithstanding any other provision of law, the
810 department shall is authorized to establish uniform application
811 forms and certificates of licensure for use by the divisions
812 within the department. However, Nothing in this subsection does
813 not authorize authorizes the department to vary any substantive
814 requirements, duties, or eligibilities for licensure or
815 certification as provided by law.
816 (6)(9)
817 (a) All employees authorized by the Division of Alcoholic
818 Beverages and Tobacco shall have access to, and shall have the
819 right to inspect, premises licensed by the division, to collect
820 taxes and remit them to the officers entitled to them, and to
821 examine the books and records of all licensees. The authorized
822 employees shall require of each licensee strict compliance with
823 the laws of this state relating to the transaction of such
824 business.
825 (b) Each employee serving as a law enforcement officer for
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826 the division must meet the qualifications for employment or
827 appointment as a law enforcement officer set forth under s.
828 943.13 and must be certified as a law enforcement officer by the
829 Department of Law Enforcement under chapter 943. Upon
830 certification, each law enforcement officer is subject to and
831 has the same authority as provided for law enforcement officers
832 generally in chapter 901 and has statewide jurisdiction. Each
833 officer also has arrest authority as provided for state law
834 enforcement officers in s. 901.15. Each officer possesses the
835 full law enforcement powers granted to other peace officers of
836 this state, including the authority to make arrests, carry
837 firearms, serve court process, and seize contraband and the
838 proceeds of illegal activities.
839 1. The primary responsibility of each officer appointed
840 under this section is to investigate, enforce, and prosecute,
841 throughout this the state, violations and violators of parts I
842 and II of chapter 210; chapter 310; chapter 326; parts I and III
843 of chapter 450; chapter 455; parts VI-IX, XI, XII, XV, and XVI
844 of chapter 468; chapter 469; chapter 471; chapters 473-477;
845 chapter 481; parts I and II of chapter 489; chapter 499; chapter
846 509; chapter 548; chapter 553;, part VII of chapter 559;, and
847 chapters 561-569; chapters 718-719; chapter 721; and chapter
848 723;, and the rules adopted thereunder, as well as other state
849 laws that the division, all state law enforcement officers, or
850 beverage enforcement agents are specifically authorized to
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851 enforce.
852 2. The secondary responsibility of each officer appointed
853 under this section is to enforce all other state laws, provided
854 that the enforcement is incidental to exercising the officer's
855 primary responsibility as provided in subparagraph 1., and the
856 officer exercises the powers of a deputy sheriff, only after
857 consultation or coordination with the appropriate local
858 sheriff's office or municipal police department or when the
859 division participates in the Florida Mutual Aid Plan during a
860 declared state emergency.
861 (7) The Department of Business and Professional Regulation
862 shall provide, via email, to each person licensed by the
863 department, as promptly after the adjournment of the legislative
864 session as possible, a summary of changes to existing law
865 relating to each business and profession, and the effective date
866 of each change.
867 Section 3. Sections 310.011, 310.032, 310.042, 455.2124,
868 455.2228, 468.384, 468.399, 468.4315, 468.4337, 468.4338,
869 468.521, 468.522, 468.523, 468.605, 468.8316, 468.8416, 471.007,
870 471.008, 471.009, 471.019, 471.0195, 471.038, 472.007, 472.008,
871 472.009, 472.018, 472.019, 473.303, 473.312, 474.204, 474.206,
872 475.02, 475.03, 475.04, 475.045, 475.05, 475.10, 476.054,
873 476.064, 477.015, 481.205, 481.2055, 481.305, 482.243, 489.107,
874 489.507, 492.103, 493.6116, 499.01211, 559.9221, and 570.81,
875 Florida Statutes, are repealed.
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876 Section 4. (1) The Department of Business and
877 Professional Regulation created under s. 20.165, Florida
878 Statutes, shall conduct a study to evaluate and make
879 recommendations regarding:
880 (a) The department's recommendations for creating a
881 uniform process for permit inspections, including a uniform
882 process for virtual inspections. The department's
883 recommendations shall include how building officials can most
884 efficiently perform the most common building inspections and how
885 to reduce the number of inspections performed by such officials.
886 (b) The creation of a uniform permitting process in this
887 state for common building permits issued pursuant to chapter
888 553, Florida Statutes.
889 (2) The department, created under s. 20.165, Florida
890 Statutes, and the Department of Agriculture and Consumer
891 Services, created under s. 20.14, Florida Statutes, shall
892 conduct a study to evaluate and make recommendations regarding
893 the inclusion of a pathway to licensure for all professions,
894 regulated and licensed by the respective departments, that
895 includes work experience only or work experience plus an
896 examination and submit a report to the Legislature on or before
897 January 1, 2026.
898 Section 5. Paragraph (uuu) of subsection (7) of section
899 212.08, Florida Statutes, is amended to read:
900 212.08 Sales, rental, use, consumption, distribution, and
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901 storage tax; specified exemptions.—The sale at retail, the
902 rental, the use, the consumption, the distribution, and the
903 storage to be used or consumed in this state of the following
904 are hereby specifically exempt from the tax imposed by this
905 chapter.
906 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
907 entity by this chapter do not inure to any transaction that is
908 otherwise taxable under this chapter when payment is made by a
909 representative or employee of the entity by any means,
910 including, but not limited to, cash, check, or credit card, even
911 when that representative or employee is subsequently reimbursed
912 by the entity. In addition, exemptions provided to any entity by
913 this subsection do not inure to any transaction that is
914 otherwise taxable under this chapter unless the entity has
915 obtained a sales tax exemption certificate from the department
916 or the entity obtains or provides other documentation as
917 required by the department. Eligible purchases or leases made
918 with such a certificate must be in strict compliance with this
919 subsection and departmental rules, and any person who makes an
920 exempt purchase with a certificate that is not in strict
921 compliance with this subsection and the rules is liable for and
922 shall pay the tax. The department may adopt rules to administer
923 this subsection.
924 (uuu) Small private investigative agencies.—
925 1. As used in this paragraph, the term:
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926 a. "Private investigation services" has the same meaning
927 as "private investigation," as defined in s. 493.6101(14) s.
928 493.6101(17).
929 b. "Small private investigative agency" means a private
930 investigator licensed under s. 493.6201 which:
931 (I) Employs three or fewer full-time or part-time
932 employees, including those performing services pursuant to an
933 employee leasing arrangement as defined in s. 468.520 s.
934 468.520(4), in total; and
935 (II) During the previous calendar year, performed private
936 investigation services otherwise taxable under this chapter in
937 which the charges for the services performed were less than
938 $150,000 for all its businesses related through common
939 ownership.
940 2. The sale of private investigation services by a small
941 private investigative agency to a client is exempt from the tax
942 imposed by this chapter.
943 3. The exemption provided by this paragraph may not apply
944 in the first calendar year a small private investigative agency
945 conducts sales of private investigation services taxable under
946 this chapter.
947 Section 6. Paragraph (f) of subsection (1) of section
948 215.5586, Florida Statutes, is amended to read:
949 215.5586 My Safe Florida Home Program.—There is
950 established within the Department of Financial Services the My
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951 Safe Florida Home Program. The department shall provide fiscal
952 accountability, contract management, and strategic leadership
953 for the program, consistent with this section. This section does
954 not create an entitlement for property owners or obligate the
955 state in any way to fund the inspection or retrofitting of
956 residential property in this state. Implementation of this
957 program is subject to annual legislative appropriations. It is
958 the intent of the Legislature that, subject to the availability
959 of funds, the My Safe Florida Home Program provide licensed
960 inspectors to perform hurricane mitigation inspections of
961 eligible homes and grants to fund hurricane mitigation projects
962 on those homes. The department shall implement the program in
963 such a manner that the total amount of funding requested by
964 accepted applications, whether for inspections, grants, or other
965 services or assistance, does not exceed the total amount of
966 available funds. If, after applications are processed and
967 approved, funds remain available, the department may accept
968 applications up to the available amount. The program shall
969 develop and implement a comprehensive and coordinated approach
970 for hurricane damage mitigation pursuant to the requirements
971 provided in this section.
972 (1) HURRICANE MITIGATION INSPECTIONS.—
973 (f) To qualify for selection by the department as a wind
974 certification entity to provide hurricane mitigation
975 inspections, the entity must, at a minimum, meet the following
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976 requirements:
977 1. Use hurricane mitigation inspectors who are licensed or
978 certified as:
979 a. A building inspector under s. 468.607;
980 b. A general, building, or residential contractor under s.
981 489.111;
982 c. A professional engineer under s. 471.015;
983 d. A professional architect under s. 481.213; or
984 e. A home inspector under s. 468.8314 and who have
985 completed at least 3 hours of hurricane mitigation training
986 approved by the department Construction Industry Licensing
987 Board, which training must include hurricane mitigation
988 techniques, compliance with the uniform mitigation verification
989 form, and completion of a proficiency exam.
990 2. Use hurricane mitigation inspectors who also have
991 undergone drug testing and a background screening. The
992 department may conduct criminal record checks of inspectors used
993 by wind certification entities. Inspectors must submit a set of
994 fingerprints to the department for state and national criminal
995 history checks and must pay the fingerprint processing fee set
996 forth in s. 624.501. The fingerprints must be sent by the
997 department to the Department of Law Enforcement and forwarded to
998 the Federal Bureau of Investigation for processing. The results
999 must be returned to the department for screening. The
1000 fingerprints must be taken by a law enforcement agency,
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1001 designated examination center, or other department-approved
1002 entity.
1003 3. Provide a quality assurance program including a
1004 reinspection component.
1005 Section 7. Paragraph (b) of subsection (3) of section
1006 215.55871, Florida Statutes, is amended to read:
1007 215.55871 My Safe Florida Condominium Pilot Program.—There
1008 is established within the Department of Financial Services the
1009 My Safe Florida Condominium Pilot Program to be implemented
1010 pursuant to appropriations. The department shall provide fiscal
1011 accountability, contract management, and strategic leadership
1012 for the pilot program, consistent with this section. This
1013 section does not create an entitlement for associations or unit
1014 owners or obligate the state in any way to fund the inspection
1015 or retrofitting of condominiums in the state. Implementation of
1016 this pilot program is subject to annual legislative
1017 appropriations. It is the intent of the Legislature that the My
1018 Safe Florida Condominium Pilot Program provide licensed
1019 inspectors to perform inspections for and grants to eligible
1020 associations as funding allows.
1021 (3) HURRICANE MITIGATION INSPECTORS.—
1022 (b) The department shall contract with wind certification
1023 entities to provide hurricane mitigation inspections. To qualify
1024 for selection by the department as a wind certification entity
1025 to provide hurricane mitigation inspections, the entity must, at
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1026 a minimum, meet all of the following requirements:
1027 1. Use hurricane mitigation inspectors who are licensed or
1028 certified as:
1029 a. A building inspector under s. 468.607;
1030 b. A general, building, or residential contractor under s.
1031 489.111;
1032 c. A professional engineer under s. 471.015;
1033 d. A professional architect under s. 481.213; or
1034 e. A home inspector under s. 468.8314 who has completed at
1035 least 3 hours of hurricane mitigation training approved by the
1036 department Construction Industry Licensing Board, which must
1037 include hurricane mitigation techniques, compliance with the
1038 uniform mitigation verification form, and completion of a
1039 proficiency exam.
1040 2. Use hurricane mitigation inspectors who have undergone
1041 drug testing and a background screening. The department may
1042 conduct criminal record checks of inspectors used by wind
1043 certification entities. Inspectors must submit a full set of
1044 fingerprints to the department or to a vendor, an entity, or an
1045 agency authorized under s. 943.053(13). The department, vendor,
1046 entity, or agency shall forward the fingerprints to the
1047 Department of Law Enforcement for state processing, and the
1048 Department of Law Enforcement shall forward the fingerprints to
1049 the Federal Bureau of Investigation for national processing.
1050 Fees for state and federal fingerprint processing shall be borne
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1051 by the inspector. The state cost for fingerprint processing
1052 shall be as provided in s. 943.053(3)(e). The results must be
1053 returned to the department for screening. The fingerprints must
1054 be taken by a law enforcement agency, designated examination
1055 center, or other department-approved entity.
1056 3. Provide a quality assurance program including a
1057 reinspection component.
1058 Section 8. Subsection (1) of section 309.01, Florida
1059 Statutes, is amended to read:
1060 309.01 Deposit of material in tidewater regulated.—
1061 (1) It is not lawful for any person to discharge or cause
1062 to be discharged or deposit or cause to be deposited, in the
1063 tide or salt waters of any bay, port, harbor, or river of this
1064 state, any ballast or material of any kind other than clear
1065 stone or rock, free from gravel or pebbles, which said clear
1066 stone or rock shall be deposited or discharged only in the
1067 construction of enclosures in connection with wharves, piers,
1068 quays, jetties, or in the construction of permanent bulkheads
1069 connecting the solid and permanent portion of wharves. It is
1070 lawful to construct three characters of bulkheads for retention
1071 of material in solid wharves. First, clear stone or rock
1072 enclosures, or bulkheads, may be built upon all sides to a
1073 height not less than 2 1/2 feet above high watermark; and after
1074 the enclosures have been made so solid, tight, and permanent as
1075 to prevent any sand, mud, gravel, or other material that may be
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1076 discharged or deposited in them from drifting or escaping
1077 through such enclosures, any kind of ballast may be discharged
1078 or deposited within the enclosures. The enclosures may be
1079 constructed of wood, stone, and rock combined, the stone and
1080 rocks to be placed on the outside of the wood to a height not
1081 less at any point than 2 1/2 feet above high watermark. Second,
1082 a bulkhead may be built by a permanent wharf consisting of
1083 thoroughly creosoted piles not less than 12 inches in diameter
1084 at the butt end, to be driven close together and to be capped
1085 with timber not less than 10 or 14 inches drift, bolted to each
1086 pile, and one or more longitudinal stringers to be placed on the
1087 outside of the bulkhead and securely anchored by means of iron
1088 rods to piles driven within the bulkheads, clear rock to be on
1089 the inside of the bulkhead, to a height of not less than 2 1/2
1090 feet above high water; and after this is done, ballast or other
1091 material may be deposited within the permanent enclosure so
1092 constructed. Third, a bulkhead may be constructed to consist of
1093 creosoted piles, as described herein, driven not exceeding 4
1094 feet apart from center to center, inside of which two or more
1095 longitudinal stringers may be placed and securely bolted to the
1096 piles. Inside of these longitudinal pieces, two thicknesses of
1097 creosoted sheet piling are to be driven, each course of the
1098 sheet piling to make a joint with the other so as to form an
1099 impenetrable wharf; and within this permanent bulkhead so
1100 constructed, any ballast or other material may be deposited. No
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1101 such enclosure, pier, quay, or jetty may not begin shall be
1102 begun until the point at which whereat it is to be built shall
1103 have been connected by a substantial wharf with a shore or with
1104 a permanent wharf; except that the owners of wharves may at any
1105 time, with the consent of the Board of Pilot Commissioners of
1106 the Division of Professions of the Department of Business and
1107 Professional Regulation, build wharves of clear stone or rock,
1108 or creosoted walls as hereinafter provided, on each side of
1109 their wharves from the shore to a point at which the water is
1110 not more than 15 feet deep, and when such walls have attained a
1111 height of 2 1/2 feet above high watermark and have been securely
1112 closed at the deepwater end by stone or creosoted walls of the
1113 same height, any kind of ballast may be deposited in them.
1114 Nothing contained in this section shall interfere with any
1115 rights or privileges now enjoyed by riparian owners. While this
1116 section empowers those who desire to construct the several
1117 characters of wharves, piers, quays, jetties, and bulkheads
1118 provided for and described herein, nothing in this section shall
1119 be so construed as to require any person not desiring to
1120 construct a permanent wharf by filling up with ballast, stone,
1121 or other material to construct under the specifications
1122 contained herein; and nothing in this chapter shall be so
1123 construed as to prevent any person from constructing any wharf
1124 or placing any pilings, logs, or lumber in any waters where the
1125 person would have heretofore had the right so to do.
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1126 Section 9. Subsection (3) of section 310.0015, Florida
1127 Statutes, is amended to read:
1128 310.0015 Piloting regulation; general provisions.—
1129 (3) The rate-setting process, the issuance of licenses
1130 only in numbers deemed necessary or prudent by the department
1131 board, and other aspects of the economic regulation of piloting
1132 established in this chapter are intended to protect the public
1133 from the adverse effects of unrestricted competition which would
1134 result from an unlimited number of licensed pilots being allowed
1135 to market their services on the basis of lower prices rather
1136 than safety concerns. This system of regulation benefits and
1137 protects the public interest by maximizing safety, avoiding
1138 uneconomic duplication of capital expenses and facilities, and
1139 enhancing state regulatory oversight. The system seeks to
1140 provide pilots with reasonable revenues, taking into
1141 consideration the normal uncertainties of vessel traffic and
1142 port usage, sufficient to maintain reliable, stable piloting
1143 operations. Pilots have certain restrictions and obligations
1144 under this system, including, but not limited to, the following:
1145 (a) Pilots may not refuse to provide piloting services to
1146 any person or entity that may lawfully request such services,
1147 except for justifiable concerns relating to safety, or, in the
1148 case of a vessel planning a departure, for nonpayment of
1149 pilotage.
1150 (b) Pilots may not unilaterally determine the pilotage
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1151 rates they charge. Such pilotage rates shall instead be
1152 determined by the Pilotage Rate Review Committee, in the public
1153 interest, as set forth in s. 310.151.
1154 (c) Pilots shall maintain or secure adequate pilot boats,
1155 office facilities and equipment, dispatch systems, communication
1156 equipment and other facilities, and equipment and support
1157 services necessary for a modern, dependable piloting operation.
1158 (d) The pilot or pilots in a port shall train and
1159 compensate all member deputy pilots in that port. Failure to
1160 train or compensate such deputy pilots constitutes a ground for
1161 disciplinary action under s. 310.101. Nothing in this subsection
1162 may be deemed to create an agency or employment relationship
1163 between a pilot or deputy pilot and the pilot or pilots in a
1164 port.
1165 (e) In any instance of a payment or transfer of funds, a
1166 request for the payment or transfer of funds, or a contractual
1167 obligation assumed in respect to the payment or transfer of
1168 funds from a licensee payor to a pilot or group of pilots, or to
1169 any legal entity or fund administered or controlled by or under
1170 common control with such pilot or group of pilots, the pilot or
1171 group of pilots shall provide to the licensee payor, at the time
1172 the payment or transfer or request for the payment or transfer
1173 is made or the obligation is assumed in respect to the payment
1174 or transfer, a detailed accounting of the specific assets,
1175 tangible or intangible, in which an interest is being directly
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1176 or indirectly purchased or for which the licensee payor is being
1177 granted an interest in return for such payment or transfer of
1178 funds or such contractual obligation. This paragraph does not
1179 apply to either payments or transfers of funds if their
1180 aggregate amounts are less than $1,000. As used in this
1181 paragraph, "licensee payor" means any current or prospective
1182 state pilot or deputy pilot.
1183 Section 10. Subsection (3) of section 310.002, Florida
1184 Statutes, is amended to read:
1185 310.002 Definitions.—As used in this chapter, except where
1186 the context clearly indicates otherwise:
1187 (3) "Board" means the Board of Pilot Commissioners.
1188 Section 11. Section 310.051, Florida Statutes, is amended
1189 to read:
1190 310.051 Personnel; employment.—
1191 (1) The department may appoint or employ such personnel as
1192 may be necessary to assist the department and the department
1193 board in doing and performing any and all of the powers, duties,
1194 and obligations set forth in this chapter. Such personnel need
1195 not be licensed state pilots or members of the department board.
1196 Such personnel shall be authorized to do and perform such duties
1197 and work as may be assigned by the department. Except as
1198 otherwise provided in this chapter, the department shall provide
1199 all legal services necessary in carrying out the provisions of
1200 this chapter.
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1201 (2) The department shall hire a person knowledgeable and
1202 experienced in matters related to piloting. Such person shall
1203 act for the department on matters of examination and
1204 investigation and, when he or she deems it necessary, in the
1205 selection of legal counsel qualified in admiralty law. On an
1206 annual basis, the board shall recommend to the department a
1207 person knowledgeable and experienced in matters related to
1208 piloting to fill this post, and the department may accept or
1209 reject the recommendation. If the department rejects the board's
1210 recommendation, the board shall continue to submit
1211 recommendations until one is accepted by the department. Unless
1212 there is affirmative action by both the board and the
1213 department, at the end of each year, the position shall be
1214 declared vacant and the board shall submit a new recommendation
1215 for a person to fill such position.
1216 Section 12. Section 310.061, Florida Statutes, is amended
1217 to read:
1218 310.061 State pilots; number; cross licensing.—The
1219 department board shall determine the number of pilots based on
1220 the supply and demand for piloting services and the public
1221 interest in maintaining efficient and safe piloting services.
1222 Based on the economic conditions of the port, the department
1223 board may adopt rules authorizing cross licensing between ports,
1224 if this will best serve the public interest.
1225 Section 13. Paragraphs (b), (c), and (d) of subsection (1)
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1226 and subsections (2) and (3) of section 310.071, Florida
1227 Statutes, are amended to read:
1228 310.071 Deputy pilot certification.—
1229 (1) In addition to meeting other requirements specified in
1230 this chapter, each applicant for certification as a deputy pilot
1231 must:
1232 (b) Have successfully completed 12 years of formal
1233 education, as evidenced by a high school diploma or by
1234 equivalent evidence thereof that is satisfactory to the
1235 department board.
1236 (c) Be in good physical and mental health, as evidenced by
1237 documentary proof of having satisfactorily passed a complete
1238 physical examination administered by a licensed physician within
1239 the preceding 6 months. The department board shall adopt rules
1240 to establish requirements for passing the physical examination,
1241 which rules shall establish minimum standards for the physical
1242 or mental capabilities necessary to carry out the professional
1243 duties of a certificated deputy pilot. Such standards shall
1244 include zero tolerance for any controlled substance regulated
1245 under chapter 893 unless that individual is under the care of a
1246 physician, an advanced practice registered nurse, or a physician
1247 assistant and that controlled substance was prescribed by that
1248 physician, advanced practice registered nurse, or physician
1249 assistant. To maintain eligibility as a certificated deputy
1250 pilot, each certificated deputy pilot must annually provide
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1251 documentary proof of having satisfactorily passed a complete
1252 physical examination administered by a licensed physician. The
1253 physician must know the minimum standards and certify that the
1254 certificateholder satisfactorily meets the standards. The
1255 standards for certificateholders shall include a drug test.
1256 (d) Have had maritime experience satisfactory to the
1257 department board prior to taking the examination required under
1258 s. 310.081(2), as evidenced by documentation of the following
1259 service while holding a United States Coast Guard license:
1260 1. At least 2 years of service at sea during the 5-year
1261 period immediately preceding the examination, 1 year of which
1262 must have been in at least the capacity of an unlimited second
1263 mate;
1264 2. At least 2 years of service during the 5-year period
1265 immediately preceding the examination in a deepwater United
1266 States port as an active first-class unlimited pilot serving on
1267 at least an unlimited second mate's license or a license as
1268 master of freight and towing vessel of at least 1,600 gross
1269 registered tons upon oceans, and acting under authority of a
1270 duly constituted governmental regulatory entity;
1271 3. At least 2 years of service during the 5-year period
1272 immediately preceding the examination as an active first-class
1273 unlimited pilot serving on a Great Lakes unlimited master's
1274 license;
1275 4. At least 2 years of towing experience during the 5-year
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1276 period immediately preceding the examination, 1 year of which
1277 must have been in the capacity of master of a tugboat/barge
1278 combination of at least 5,000 gross registered tons, combined
1279 tonnage, while holding a license as master of freight and towing
1280 vessel of at least 1,600 gross registered tons upon oceans; or
1281 5. At least 3 years of experience as a deck watch officer
1282 during the 10-year period immediately preceding the examination,
1283 1 year of which in the 5-year period immediately preceding the
1284 exam must have been as the commanding officer, executive
1285 officer, or operations officer of a United States Navy vessel or
1286 a United States Coast Guard vessel of at least 1,600 gross tons,
1287 and must currently hold a United States Coast Guard license of
1288 at least an unlimited second mate.
1289 (2) The department board may adopt rules authorizing
1290 equivalent combinations of service from two or more of the areas
1291 specified in subparagraphs (1)(d)1., 2., 3., 4., and 5. However,
1292 the department board may waive the maritime experience
1293 requirements prescribed in paragraph (1)(d) when necessary to
1294 fill an opening, provided an applicant meeting such requirements
1295 has not applied for the opening and the opening has been
1296 advertised more than once.
1297 (3) The initial certificate issued to a deputy pilot shall
1298 be valid for a period of 12 months, and at the end of this
1299 period, the certificate shall automatically expire and may shall
1300 not be renewed. During this period, the department board shall
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1301 thoroughly evaluate the deputy pilot's performance for
1302 suitability to continue training and shall make appropriate
1303 recommendations to the department. Upon the finding receipt of a
1304 favorable evaluation recommendation by the board, the department
1305 shall issue a certificate to the deputy pilot, which shall be
1306 valid for a period of 2 years. The certificate may be renewed
1307 only two times, except in the case of a fully licensed pilot who
1308 is cross-licensed as a deputy pilot in another port, and
1309 provided the deputy pilot meets the requirements specified for
1310 pilots in paragraph (1)(c).
1311 Section 14. Section 310.073, Florida Statutes, is amended
1312 to read:
1313 310.073 State pilot licensing.—In addition to meeting
1314 other requirements specified in this chapter, each applicant for
1315 license as a state pilot must:
1316 (1) Be at least 21 years of age, as evidenced by a copy of
1317 a birth certificate or other legal proof of age.
1318 (2) Have successfully completed 12 years of formal
1319 education, as evidenced by a high school diploma or by
1320 equivalent evidence thereof that is satisfactory to the
1321 department board.
1322 (3) Be in good physical and mental health, as evidenced by
1323 documentary proof of having satisfactorily passed a complete
1324 physical examination administered by a licensed physician within
1325 the preceding 6 months. The department board shall adopt rules
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1326 to establish requirements for passing the physical examination,
1327 which rules shall establish minimum standards for the physical
1328 or mental capabilities necessary to carry out the professional
1329 duties of a licensed state pilot. Such standards shall include
1330 zero tolerance for any controlled substance regulated under
1331 chapter 893 unless that individual is under the care of a
1332 physician, an advanced practice registered nurse, or a physician
1333 assistant and that controlled substance was prescribed by that
1334 physician, advanced practice registered nurse, or physician
1335 assistant. To maintain eligibility as a licensed state pilot,
1336 each licensed state pilot must annually provide documentary
1337 proof of having satisfactorily passed a complete physical
1338 examination administered by a licensed physician. The physician
1339 must know the minimum standards and certify that the licensee
1340 satisfactorily meets the standards. The standards for licensees
1341 shall include a drug test.
1342 (4) Have had at least 2 years of service as a deputy pilot
1343 in the port in which license as a licensed state pilot is
1344 desired, which service must have been attained during the period
1345 immediately preceding the examination required under s.
1346 310.081(1). Further, at the time of application, each applicant
1347 must have a valid United States Coast Guard first-class
1348 unlimited pilot's license covering all of the waters of the port
1349 in which license as a state pilot is desired and must have
1350 successfully completed the department-approved board-approved
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1351 deputy pilot training program in the port in which license as a
1352 state pilot is desired.
1353 Section 15. Section 310.075, Florida Statutes, is amended
1354 to read:
1355 310.075 Deputy pilot training program.—The licensed state
1356 pilots in each port shall submit to the department board for its
1357 approval a deputy pilot training program of not less than 2
1358 years' duration, applicable to all deputy pilots appointed to
1359 serve at such port. The following requirements constitute the
1360 parameters within which deputy pilot training programs are to be
1361 established and carried out by the licensed state pilots at all
1362 ports in this state:
1363 (1) Upon receiving his or her appointment, a deputy pilot
1364 must report to the licensed state pilots at the port he or she
1365 is appointed to serve and must serve a period of not less than
1366 90 days as an observer trainee. During such period:
1367 (a) The observer trainee must accompany licensed state
1368 pilots, becoming thoroughly familiar with all of the waters, the
1369 channels, the harbor, and the port under varied conditions.
1370 (b) The observer trainee must obtain a valid United States
1371 Coast Guard first-class unlimited pilot's license covering all
1372 of the waters of the port before the department board may
1373 authorize him or her to pilot vessels within the limits and
1374 specifications established by the licensed state pilots of the
1375 port.
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1376 (2) Upon completion of the observer-trainee period, the
1377 deputy pilot must submit to the department board a deputy pilot
1378 vessel handling form for each vessel upon which he or she has
1379 accompanied a licensed state pilot. Each such form must be
1380 signed by the pilot in charge who accompanied the deputy pilot
1381 and must accurately recite:
1382 (a) The vessel's registry, length, gross tonnage, and
1383 draft;
1384 (b) The name of the berth from which or to which the
1385 vessel was piloted;
1386 (c) The weather and sea conditions encountered;
1387 (d) The time of day;
1388 (e) Any marine incidents required to be reported under s.
1389 310.111; and
1390 (f) The comments of the pilot in charge, including
1391 whether, under his or her supervision, the pilot in charge
1392 turned the navigation of the vessel over to the deputy pilot.
1393 (3) Each request to increase the limits and specifications
1394 under which a deputy pilot is authorized to pilot must be
1395 submitted to the department board and must be accompanied by a
1396 deputy pilot vessel handling form as provided in subsection (2)
1397 for each vessel the deputy pilot has piloted since his or her
1398 limits and specifications were last increased by the department
1399 board.
1400 (4) For successful completion of the deputy pilot training
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1401 program, a deputy pilot must have gradually been increased in
1402 his or her authorized limits and specifications until the deputy
1403 pilot has been authorized by the department board to pilot
1404 vessels with a maximum draft of not more than 3 feet less than
1405 the normal maximum draft allowable in the port in which the
1406 deputy pilot is authorized to pilot, as proposed by the licensed
1407 state pilots in that port and approved by the department board.
1408 Section 16. Section 310.081, Florida Statutes, is amended
1409 to read:
1410 310.081 Department to examine and license state pilots and
1411 certificate deputy pilots; vacancies.—
1412 (1) The department shall examine persons who file
1413 application as state pilot in all matters pertaining to the
1414 management of vessels and in regard to their knowledge of the
1415 channels, waters, harbors, and port where they wish to serve,
1416 and, if upon examination to determine proficiency the department
1417 finds them qualified to pilot all classes of vessels liable to
1418 enter that port and thoroughly familiar with the waters, the
1419 channels, the harbor, and the port, the department shall appoint
1420 and license as state pilots such number of pilots as in the
1421 discretion of the department board are required to act in the
1422 ports of the state. However, the number of pilots appointed and
1423 licensed by the department may shall not exceed the number
1424 provided for in s. 310.061.
1425 (2) The department shall similarly examine persons who
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1426 file applications for certificate as deputy pilot, and, if upon
1427 examination to determine proficiency the department finds them
1428 qualified, the department must certify as qualified all
1429 applicants who pass the examination, provided that not more than
1430 five persons who passed the examination are certified for each
1431 declared opening. If more than five applicants per opening pass
1432 the examination, the persons having the highest scores must be
1433 certified as qualified up to the number of openings times five.
1434 The department shall appoint and certificate such number of
1435 deputy pilots from those applicants deemed qualified as in the
1436 discretion of the department board are required in the
1437 respective ports of the state. A deputy pilot shall be
1438 authorized by the department to pilot vessels within the limits
1439 and specifications established by the licensed state pilots at
1440 the port where the deputy is appointed to serve.
1441 (3) Pilots shall hold their licenses or certificates
1442 pursuant to the requirements of this chapter so long as they:
1443 (a) Possess the qualifications set out in this chapter.
1444 (b) Are in good physical and mental health as evidenced by
1445 documentary proof of having satisfactorily passed a physical
1446 examination administered by a licensed physician or physician
1447 assistant within each calendar year. The department board shall
1448 adopt rules to establish requirements for passing the physical
1449 examination, which rules shall establish minimum standards for
1450 the physical or mental capabilities necessary to carry out the
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1451 professional duties of a licensed state pilot or a certificated
1452 deputy pilot. Such standards shall include zero tolerance for
1453 any controlled substance regulated under chapter 893 unless that
1454 individual is under the care of a physician, an advanced
1455 practice registered nurse, or a physician assistant and that
1456 controlled substance was prescribed by that physician, advanced
1457 practice registered nurse, or physician assistant. To maintain
1458 eligibility as a certificated deputy pilot or licensed state
1459 pilot, each certificated deputy pilot or licensed state pilot
1460 must annually provide documentary proof of having satisfactorily
1461 passed a complete physical examination administered by a
1462 licensed physician. The physician must know the minimum
1463 standards and certify that the certificateholder or licensee
1464 satisfactorily meets the standards. The standards for
1465 certificateholders and for licensees shall include a drug test.
1466 (c) Are subject to a substance abuse program that has been
1467 approved by the department board, which includes provisions for
1468 drug testing.
1469 (d) Attend a board-approved seminar for continuing
1470 education which includes radar certification.
1471 (d)(e) Remain in active service in the ports for which
1472 they are appointed.
1473
1474 Upon resignation or in the case of disability permanently
1475 affecting a pilot's ability to serve, the state license or
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1476 certificate issued under this chapter shall be revoked by the
1477 department.
1478 Section 17. Paragraphs (d), (g), and (h) of subsection (1)
1479 and subsections (2), (3), and (4) of section 310.101, Florida
1480 Statutes, are amended to read:
1481 310.101 Grounds for disciplinary action by the department
1482 board.—
1483 (1) Any act of misconduct, inattention to duty,
1484 negligence, or incompetence; any willful violation of any law or
1485 rule, including the rules of the road, applicable to a licensed
1486 state pilot or certificated deputy pilot; or any failure to
1487 exercise that care which a reasonable and prudent licensed state
1488 pilot or certificated deputy pilot would exercise under the same
1489 or similar circumstances may result in disciplinary action.
1490 Examples of acts by a licensed state pilot or certificated
1491 deputy pilot which constitute grounds for disciplinary action
1492 include, but are not limited to:
1493 (d) Navigating in channels where the depth of water under
1494 the keel is less than the prescribed bottom clearance as
1495 recommended by the licensed state pilots of that port and
1496 approved by the department board.
1497 (g) Making or filing, or inducing another person to make
1498 or file, a report which the pilot knows to be false or
1499 intentionally or negligently failing to file, or willfully
1500 impeding or obstructing the filing of, a report or record
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1501 required by state law or by rule of the board or the department.
1502 Such reports or records include only those which are signed by
1503 the pilot in his or her capacity as a licensed state pilot or
1504 certificated deputy pilot.
1505 (h) Being unable to perform the duties of a pilot with
1506 reasonable skill and safety by reason of illness or use of
1507 alcohol, drugs, narcotics, chemicals, or any other type of
1508 material or as a result of any mental or physical condition such
1509 as, but not limited to, poor eyesight or hearing, heart disease,
1510 or diabetes. In enforcing this paragraph, the department shall
1511 have authority, upon recommendation of the probable cause panel
1512 of the department board, to compel a licensed state pilot or
1513 certificated deputy pilot to submit to a mental or physical
1514 examination by physicians designated by the department. The
1515 failure of a pilot to submit to such an examination when so
1516 directed constitutes an admission of the allegations against the
1517 pilot, unless the failure is due to circumstances beyond his or
1518 her control, consequent upon which an emergency suspension order
1519 may be entered by the department suspending the pilot's license
1520 until he or she complies with the order for a compulsory mental
1521 or physical examination. A licensed state pilot or certificated
1522 deputy pilot affected under this paragraph must be afforded, at
1523 reasonable intervals, an opportunity to demonstrate that he or
1524 she can resume the competent practice of piloting with
1525 reasonable skill and safety.
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1526 (2) When the department board finds any person has
1527 committed any act set forth in subsection (1), it may enter an
1528 order imposing one or more of the following penalties:
1529 (a) Refusing to certify to the department an application
1530 for license or certification.
1531 (b) Revoking or suspending the license or certificate.
1532 (c) Restricting the practice of the violator.
1533 (d) Imposing an administrative fine not to exceed $5,000
1534 for each count or separate offense.
1535 (e) Issuing a reprimand.
1536 (f) Placing the licensed state pilot or certificated
1537 deputy pilot on probation for such period of time and subject to
1538 such conditions as the department board may specify, including,
1539 but not limited to, requiring the pilot to submit to treatment,
1540 submit to additional or remedial training, submit to
1541 reexamination, or undergo a complete physical examination.
1542 (3) The department board shall not reinstate the license
1543 or certificate of a state pilot or deputy pilot or cause a
1544 license or certificate to be issued to a person whom it has
1545 determined to be unqualified until the department board is
1546 satisfied that such person has complied with all the terms and
1547 conditions set forth in the final order and that such person is
1548 capable of safely engaging in the practice of piloting.
1549 (4) In any foreign vessel or foreign trading vessel
1550 movement that an individual holding a state pilot license or
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1551 deputy pilot certificate is engaged in directing, whether
1552 movement of the vessel in or out of the port or movement in
1553 close proximity to a dock or any other movement undertaken in
1554 furtherance of his or her piloting duties, such individual is
1555 operating under the authority of his or her state license or
1556 certificate and is accountable to the department board for his
1557 or her actions.
1558 Section 18. Subsections (4) and (6) of section 310.102,
1559 Florida Statutes, are amended to read:
1560 310.102 Treatment programs for impaired pilots and deputy
1561 pilots.—
1562 (4) In any disciplinary action for a violation other than
1563 impairment, if a pilot or deputy pilot establishes that the
1564 violation for which the pilot or deputy pilot is being
1565 prosecuted was due to or connected with impairment and further
1566 establishes that the pilot or deputy pilot is satisfactorily
1567 progressing through or has successfully completed an approved
1568 treatment program pursuant to this section, such information may
1569 be considered by the department board as a mitigating factor in
1570 determining the appropriate penalty. This subsection does not
1571 limit mitigating factors the department board may consider.
1572 (6) A consultant, licensee, or approved treatment provider
1573 who makes a disclosure pursuant to this section is not subject
1574 to civil liability for such disclosure or its consequences. The
1575 provisions of s. 766.101 apply to any officer, employee, or
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1576 agent of the department or the department board and to any
1577 officer, employee, or agent of any entity with which the
1578 department has contracted pursuant to this section.
1579 Section 19. Section 310.111, Florida Statutes, is amended
1580 to read:
1581 310.111 Marine incident reports.—Each collision,
1582 grounding, stranding, or other marine peril sustained or caused
1583 by a vessel on which there was employed a licensed state pilot
1584 or certificated deputy pilot shall be reported to the office of
1585 the department board or the piloting consultant within 48 hours
1586 of the occurrence. In addition, a written report shall be
1587 submitted to the department on forms and in the manner
1588 prescribed by the department within 7 days of the occurrence.
1589 However, any marine incident involving oil spillage, pollution,
1590 physical injury, or death shall be reported to the department
1591 board or the piloting consultant by telephone or telegram within
1592 24 hours of the occurrence in addition to submission of the
1593 required written report.
1594 Section 20. Subsection (1) of section 310.1115, Florida
1595 Statutes, is amended to read:
1596 310.1115 Bridge electronic navigation protection
1597 equipment; duty of pilot.—
1598 (1) When a piloted vessel passes under a bridge located in
1599 a harbor, in the approaches to a harbor, or in a river, and when
1600 electronic navigation protection equipment is available, it is
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1601 the duty of the pilot or certificated deputy pilot on department
1602 board to use the electronic navigation protection equipment. If
1603 the electronic navigation protection equipment can be utilized
1604 only in conjunction with a portable device or devices located on
1605 department board the piloted vessel, it is the responsibility of
1606 the pilot to bring such device or devices on department board
1607 the piloted vessel and to remove such device or devices upon
1608 completion of the pilot's duties aboard the piloted vessel.
1609 Section 21. Section 310.121, Florida Statutes, is amended
1610 to read:
1611 310.121 Application, examination, and biennial fees.—
1612 (1) The department shall, in accordance with rules set by
1613 the department board, assess and collect the following fees:
1614 (a) A fee not to exceed $300 for each application for
1615 licensure as a state pilot or certification as a deputy pilot.
1616 This fee shall be nonrefundable.
1617 (b) A fee not to exceed $300 for each examination for
1618 licensure as a state pilot or certification as a deputy pilot.
1619 (c) A fee not to exceed $300 for each examination review.
1620 (2) The department shall assess and collect biennially
1621 from each licensed state pilot and each certificated deputy
1622 pilot a fee, not to exceed $200 in the case of a licensed state
1623 pilot or $100 in the case of a certificated deputy pilot, such
1624 fees to be set by the department board.
1625 Section 22. Section 310.131, Florida Statutes, is amended
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1626 to read:
1627 310.131 Assessment of percentage of gross pilotage.—The
1628 department shall assess the licensed state pilots in the
1629 respective ports of the state a percentage of the gross amount
1630 of pilotage earned by such pilots during each year, which
1631 percentage will be established by the department board not to
1632 exceed 2 percent, to be paid into the Professional Regulation
1633 Trust Fund by such pilots at such time and in such manner as the
1634 department board prescribes or as is set forth in the General
1635 Appropriations Act. The financial records of all pilots and
1636 deputy pilots relating to pilotage are subject to audit by the
1637 department and the Auditor General. The department shall by rule
1638 set a procedure for verifying the amount of pilotage at each
1639 port and may charge costs to the appropriate port if the port
1640 does not comply with such procedure.
1641 Section 23. Section 310.142, Florida Statutes, is amended
1642 to read:
1643 310.142 Pilotage at St. Marys Entrance.—The department may
1644 exercise board is authorized to enter into an agreement with the
1645 Board of Pilotage Commissioners for the corporate authority of
1646 St. Marys, Georgia, for reciprocal pilotage of vessels in the
1647 boundary waters and tributaries of St. Marys Entrance.
1648 Section 24. Subsections (1) and (7) of section 310.151,
1649 Florida Statutes, are amended to read:
1650 310.151 Rates of pilotage; Pilotage Rate Review
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1651 Committee.—
1652 (1)(a) As used in this section, the term:
1653 1. "Committee" means the Pilotage Rate Review Committee
1654 established under this section as part of the Board of Pilot
1655 Commissioners.
1656 2. "Department" means the Department of Business and
1657 Professional Regulation.
1658 2. "Board" means the Board of Pilot Commissioners.
1659 (b) To carry out the provisions of this section, the
1660 Pilotage Rate Review Committee is established as part of the
1661 Board of Pilot Commissioners within the department of Business
1662 and Professional Regulation. The committee shall consist of the
1663 following seven members of the board: two board members who are
1664 licensed state pilots actively practicing their profession, who
1665 shall be appointed by majority vote of the licensed state pilots
1666 serving on the board; two board members who are actively
1667 involved in a professional or business capacity in the maritime
1668 industry, marine shipping industry, or commercial passenger
1669 cruise industry; one board member who is a certified public
1670 accountant with at least 5 years of experience in financial
1671 management; and two board members who are citizens of the state.
1672 (c) Committee members shall comply with the disclosure
1673 requirements of s. 112.3143(4) if participating in any matter
1674 that would result in special private gain or loss as described
1675 in that subsection.
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1676 (d) The committee may has authority to adopt rules
1677 pursuant to ss. 120.536(1) and 120.54 to implement provisions of
1678 this section conferring duties upon it. The department shall
1679 provide the staff required by the committee to carry out its
1680 duties under this section.
1681 (e) All funds received pursuant to this section shall be
1682 placed in the account of the department Board of Pilot
1683 Commissioners, and the department Board of Pilot Commissioners
1684 shall pay for all expenses incurred pursuant to this section.
1685 (7) The decisions of the committee regarding rates are not
1686 appealable to the department board.
1687 Section 25. Section 310.183, Florida Statutes, is amended
1688 to read:
1689 310.183 Immediate inactivation of license or certificate
1690 for certain violations.—The department shall issue an emergency
1691 order placing on inactive status, for a period not to exceed 15
1692 days, the license of any pilot or certificate of any deputy
1693 pilot who, while providing piloting services, is involved in a
1694 marine incident that results in the death of a human or, as
1695 determined by rule of the board, substantial physical injury to
1696 a human or significant property or environmental damage, unless
1697 the department determines that the incident is clearly not the
1698 result of the actions of the pilot or deputy pilot.
1699 Section 26. Subsection (1) of section 310.185, Florida
1700 Statutes, is amended to read:
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1701 310.185 Rulemaking.—
1702 (1) The department board has authority to adopt rules
1703 pursuant to ss. 120.536(1) and 120.54 to implement the
1704 provisions of this chapter.
1705 Section 27. Subsection (3) of section 319.28, Florida
1706 Statutes, is amended to read:
1707 319.28 Transfer of ownership by operation of law.—
1708 (3) A dealer of industrial equipment who conducts a
1709 repossession, as defined in s. 493.6101(19) s. 493.6101(22), of
1710 such equipment is not subject to licensure as a recovery agent
1711 or recovery agency if the dealer is regularly engaged in the
1712 sale of the equipment for a particular manufacturer, the lender
1713 is affiliated with that manufacturer, and the dealer uses his or
1714 her own employees to make such repossessions.
1715 Section 28. Subsections (2) of section 326.002, Florida
1716 Statutes, is amended to read:
1717 326.002 Definitions.—As used in ss. 326.001-326.006, the
1718 term:
1719 (2) "Division" means the Division of Professions Florida
1720 Condominiums, Timeshares, and Mobile Homes of the Department of
1721 Business and Professional Regulation.
1722 Section 29. Subsection (3) of section 326.006, Florida
1723 Statutes, is amended to read:
1724 326.006 Powers and duties of division.—
1725 (3) All fees must be deposited in the Professional
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1726 Regulation Division of Florida Condominiums, Timeshares, and
1727 Mobile Homes Trust Fund as provided by law.
1728 Section 30. Paragraph (a) of subsection (3) of section
1729 376.303, Florida Statutes, is amended to read:
1730 376.303 Powers and duties of the Department of
1731 Environmental Protection.—
1732 (3)(a) The department may inspect the installation of any
1733 pollutant storage tank. Any person installing a pollutant
1734 storage tank, as defined in s. 489.105(16) s. 489.105(17), shall
1735 certify that such installation is in accordance with the
1736 standards adopted pursuant to this section. The department shall
1737 promulgate a form for such certification which shall at a
1738 minimum include:
1739 1. A signed statement by the certified pollutant storage
1740 systems contractor, as defined in s. 489.105(2)(p) s.
1741 489.105(3)(p), that such installation is in accordance with
1742 standards adopted pursuant to this section; and
1743 2. Signed statements by the onsite persons performing or
1744 supervising the installation of a pollutant storage tank, which
1745 statements shall be required of tasks that are necessary for the
1746 proper installation of such tank.
1747 Section 31. Paragraph (n) of subsection (3) of section
1748 381.0065, Florida Statutes, is amended to read:
1749 381.0065 Onsite sewage treatment and disposal systems;
1750 regulation.—
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1751 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
1752 PROTECTION.—The department shall:
1753 (n) Regulate and permit maintenance entities for
1754 performance-based treatment systems and aerobic treatment unit
1755 systems. To ensure systems are maintained and operated according
1756 to manufacturer's specifications and designs, the department
1757 shall establish by rule minimum qualifying criteria for
1758 maintenance entities. The criteria shall include training,
1759 access to approved spare parts and components, access to
1760 manufacturer's maintenance and operation manuals, and service
1761 response time. The maintenance entity shall employ a contractor
1762 licensed under s. 489.105(2)(m) s. 489.105(3)(m), or part III of
1763 chapter 489, or a state-licensed wastewater plant operator, who
1764 is responsible for maintenance and repair of all systems under
1765 contract.
1766 Section 32. Section 403.868, Florida Statutes, is amended
1767 to read:
1768 403.868 Requirements by a utility.—A utility may have more
1769 stringent requirements than set by law, including certification
1770 requirements for water distribution systems and domestic
1771 wastewater collection systems operations, except that a utility
1772 may not require a licensed contractor, as defined in s.
1773 489.105(2) s. 489.105(3) to have any additional license for work
1774 in water distribution systems or domestic wastewater collection
1775 systems.
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1776 Section 33. Paragraph (e) of subsection (1) of section
1777 403.9329, Florida Statutes, is amended to read:
1778 403.9329 Professional mangrove trimmers.—
1779 (1) For purposes of ss. 403.9321-403.9333, the following
1780 persons are considered professional mangrove trimmers:
1781 (e) Persons licensed under part II of chapter 481. The
1782 Department of Business and Professional Regulation Board of
1783 Landscape Architecture shall establish appropriate standards and
1784 continuing legal education requirements to assure the competence
1785 of licensees to conduct the activities authorized under ss.
1786 403.9321-403.9333. Trimming by landscape architects as
1787 professional mangrove trimmers is not allowed until the
1788 establishment of standards by the department board. The
1789 department board shall also establish penalties for violating
1790 ss. 403.9321-403.9333. Only those landscape architects who are
1791 certified in the state may qualify as professional mangrove
1792 trimmers under ss. 403.9321-403.9333, notwithstanding any
1793 reciprocity agreements that may exist between this state and
1794 other states;
1795 Section 34. Paragraph (a) of subsection (19) of section
1796 440.02, Florida Statutes, is amended to read:
1797 440.02 Definitions.—When used in this chapter, unless the
1798 context clearly requires otherwise, the following terms shall
1799 have the following meanings:
1800 (19)(a) "Employer" means the state and all political
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1801 subdivisions thereof, all public and quasi-public corporations
1802 therein, every person carrying on any employment, and the legal
1803 representative of a deceased person or the receiver or trustees
1804 of any person. The term also includes employee leasing
1805 companies, as defined in s. 468.520(4) s. 468.520(5), and
1806 employment agencies that provide their own employees to other
1807 persons. If the employer is a corporation, parties in actual
1808 control of the corporation, including, but not limited to, the
1809 president, officers who exercise broad corporate powers,
1810 directors, and all shareholders who directly or indirectly own a
1811 controlling interest in the corporation, are considered the
1812 employer for the purposes of ss. 440.105, 440.106, and 440.107.
1813 Section 35. Section 448.26, Florida Statutes, is amended
1814 to read:
1815 448.26 Application.—Nothing in this part shall exempt any
1816 client of any labor pool or temporary help arrangement entity as
1817 defined in s. 468.520(3)(a) s. 468.520(4)(a) or any assigned
1818 employee from any other license requirements of state, local, or
1819 federal law. Any employee assigned to a client who is licensed,
1820 registered, or certified pursuant to law shall be deemed an
1821 employee of the client for such licensure purposes but shall
1822 remain an employee of the labor pool or temporary help
1823 arrangement entity for purposes of chapters 440 and 443.
1824 Section 36. Subsection (4) of section 468.382, Florida
1825 Statutes, is amended to read:
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1826 468.382 Definitions.—As used in this act, the term:
1827 (4) "Board" means the Florida Board of Auctioneers.
1828 Section 37. Subsections (1), (4), (5), (6) and (7) of
1829 section 468.385, Florida Statutes, are amended, and subsection
1830 (3) of that section is republished, to read:
1831 468.385 Licenses required; qualifications; examination.—
1832 (1) The department shall license any applicant who the
1833 board certifies is certified and qualified to practice
1834 auctioneering.
1835 (3) A No person may not shall be licensed as an auctioneer
1836 or apprentice if he or she:
1837 (a) Is under 18 years of age; or
1838 (b) Has committed any act or offense in this state or any
1839 other jurisdiction which would constitute a basis for
1840 disciplinary action under s. 468.389.
1841 (4) Any person seeking a license as an auctioneer must
1842 pass a written examination approved by the department board
1843 which tests his or her general knowledge of the laws of this
1844 state relating to provisions of the Uniform Commercial Code that
1845 are relevant to auctions, the laws of agency, and the provisions
1846 of this act.
1847 (5) Each apprentice application and license shall name a
1848 licensed auctioneer who has agreed to serve as the supervisor of
1849 the apprentice. An No apprentice may not conduct, or contract to
1850 conduct, an auction without the express approval of his or her
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1851 supervisor. The supervisor shall regularly review the
1852 apprentice's records, which are required by the department board
1853 to be maintained, to determine whether if such records are
1854 accurate and current.
1855 (6) A No person may not shall be licensed as an auctioneer
1856 unless he or she:
1857 (a) Has held an apprentice license and has served as an
1858 apprentice for 1 year or more, or has completed a course of
1859 study, consisting of not less than 80 classroom hours of
1860 instruction, that meets standards adopted by the department
1861 board;
1862 (b) Has passed the required examination; and
1863 (c) Is approved by the department board.
1864 (7)(a) Any auction that is subject to the provisions of
1865 this part must be conducted by an auctioneer who has an active
1866 license or an apprentice who has an active apprentice auctioneer
1867 license and who has received prior written sponsor consent.
1868 (b) A No business may not shall auction or offer to
1869 auction any property in this state unless it is licensed as an
1870 auction business by the department board or is exempt from
1871 licensure under this act. An Each application for licensure must
1872 shall include the names of the owner and the business, the
1873 business mailing address and location, and any other information
1874 which the department board may require. The owner of an auction
1875 business shall report to the department board within 30 days
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1876 after of any change in this required information.
1877 Section 38. Section 468.3852, Florida Statutes, is amended
1878 to read:
1879 468.3852 Reactivation of license; fee.—The department
1880 board shall prescribe a fee not to exceed $250 for the
1881 reactivation of an inactive license. The fee shall be in
1882 addition to the current biennial renewal fee.
1883 Section 39. Subsections (2), (3), (4), (5), and (8) of
1884 section 468.3855, Florida Statutes, are amended to read:
1885 468.3855 Apprenticeship training requirements.—
1886 (2) Any auctioneer who undertakes the sponsorship of an
1887 apprentice shall ensure that the apprentice receives training as
1888 required by department board rule.
1889 (3) An apprentice must actively participate in auction
1890 sales as required by department board rule, and a record of each
1891 auction for which participation credit is claimed must be made
1892 as required by department board rule.
1893 (4) Apprentices are prohibited from conducting any auction
1894 without the prior express written consent of the sponsor. The
1895 apprentice's sponsor must be present at the auction site at any
1896 time the apprentice is actively participating in the conduct of
1897 the auction. If the apprentice's sponsor cannot attend a
1898 particular auction, the sponsor may appoint a qualified
1899 auctioneer who meets the requirements of department board rule
1900 to attend the auction in his or her place. Prior written consent
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1901 must be given by the apprentice's sponsor for each substitution.
1902 (5) Each apprentice and sponsor shall file reports as
1903 required by department board rule.
1904 (8) All apprentice applications shall be valid for a
1905 period of 6 months after department board approval. Any
1906 applicant who fails to complete the licensure process within
1907 that time shall be required to make application as a new
1908 applicant.
1909 Section 40. Section 468.387, Florida Statutes, is amended
1910 to read:
1911 468.387 Licensing of nonresidents; endorsement;
1912 reciprocity.—The department shall issue a license by endorsement
1913 to practice auctioneering to an applicant who, upon applying to
1914 the department and remitting the required fee, set by the
1915 department board, demonstrates to the department board that he
1916 or she satisfies the requirements of s. 468.385(3) and holds a
1917 valid license to practice auctioneering in another state,
1918 provided that the requirements for licensure in that state are
1919 substantially equivalent to or more stringent than those
1920 existing in this state. The endorsement and reciprocity
1921 provisions of this section shall apply to auctioneers only and
1922 not to professions or occupations regulated by other statutes.
1923 Section 41. Subsections (3) and (9) and paragraph (b) of
1924 subsection (10) of section 468.388, Florida Statutes, are
1925 amended to read:
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1926 468.388 Conduct of an auction.—
1927 (3) Each auctioneer or auction business shall maintain a
1928 record book of all sales. The record book shall be open to
1929 inspection by the department board at reasonable times.
1930 (9) The auction business under which the auction is
1931 conducted is responsible for all other aspects of the auction as
1932 required by department board rule. The auction business may
1933 delegate in whole, or in part, different aspects of the auction
1934 only to the extent that such delegation is permitted by law and
1935 that such delegation will not impede the principal auctioneer's
1936 ability to ensure the proper conduct of his or her independent
1937 responsibility for the auction. The auction business under whose
1938 auspices the auction is conducted is responsible for ensuring
1939 compliance as required by department board rule.
1940 (10)
1941 (b) Each auction business shall maintain, for not less
1942 than 2 years, a separate ledger showing the funds held for
1943 another person deposited and disbursed by the auction business
1944 for each auction. The escrow or trust account must be reconciled
1945 monthly with the bank statement. A signed and dated record shall
1946 be maintained for a 2-year period and be available for
1947 inspection by the department or at the request of the department
1948 board.
1949 Section 42. Paragraph (j) of subsection (1), subsection
1950 (2), and paragraph (a) of subsection (3) of section 468.389,
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1951 Florida Statutes, are amended to read:
1952 468.389 Prohibited acts; penalties.—
1953 (1) The following acts shall be grounds for the
1954 disciplinary activities provided in subsections (2) and (3):
1955 (j) Violating a statute or administrative rule regulating
1956 practice under this part or a lawful disciplinary order of the
1957 board or the department.
1958 (2) When the department board finds any person guilty of
1959 any of the prohibited acts set forth in subsection (1), it may
1960 enter an order imposing one or more of the following penalties:
1961 (a) Refusal to certify to the department an application
1962 for licensure.
1963 (b) Revocation or suspension of a license.
1964 (c) Imposition of an administrative fine not to exceed
1965 $1,000 for each count or separate offense.
1966 (d) Issuance of a reprimand.
1967 (e) Placement of the auctioneer on probation for a period
1968 of time and subject to conditions as the department board may
1969 specify, including requiring the auctioneer to successfully
1970 complete the licensure examination.
1971 (f) Requirement that the person in violation make
1972 restitution to each consumer affected by that violation. Proof
1973 of such restitution shall be a signed and notarized release
1974 executed by the consumer or the consumer's estate.
1975 (3)(a) Failure to pay a fine within a reasonable time, as
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1976 prescribed by department board rule, may be grounds for
1977 disciplinary action.
1978 Section 43. Section 468.392, Florida Statutes, is amended
1979 to read:
1980 468.392 Auctioneer Recovery Fund.—There is created the
1981 Auctioneer Recovery Fund as a separate account in the
1982 Professional Regulation Trust Fund. The fund shall be
1983 administered by the department Florida Board of Auctioneers.
1984 (1) The Chief Financial Officer shall invest the money not
1985 currently needed to meet the obligations of the fund in the same
1986 manner as other public funds may be invested. Interest that
1987 accrues from these investments shall be deposited to the credit
1988 of the Auctioneer Recovery Fund and shall be available for the
1989 same purposes as other moneys deposited in the Auctioneer
1990 Recovery Fund.
1991 (2) All payments and disbursements from the Auctioneer
1992 Recovery Fund shall be made by the Chief Financial Officer upon
1993 a voucher signed by the Secretary of Business and Professional
1994 Regulation or the secretary's designee.
1995 (3) If at any time the moneys in the Auctioneer Recovery
1996 Fund are insufficient to satisfy any valid claim or portion
1997 thereof, the department board shall satisfy such unpaid claim or
1998 portion thereof as soon as a sufficient amount has been
1999 deposited in or transferred to the fund. When there is more than
2000 one unsatisfied claim outstanding, such claims shall be paid in
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2001 the order in which the claims were made.
2002 (4) Upon the payment of any amount from the Auctioneer
2003 Recovery Fund in settlement of a claim in satisfaction of a
2004 judgment against an auctioneer or auction business as described
2005 in s. 468.395, the license of such auctioneer or auction
2006 business shall be automatically suspended until the licensee has
2007 complied with s. 468.398. A discharge of bankruptcy does shall
2008 not relieve a person from the penalties and disabilities
2009 provided in this section.
2010 (5) Moneys in the fund at the end of a fiscal year shall
2011 be retained in the fund and shall accrue for the benefit of
2012 auctioneers and auction businesses. When the fund exceeds the
2013 amount as set forth in s. 468.393(2), all surcharges shall be
2014 suspended until such time as the fund is reduced below the
2015 amount as set forth in s. 468.393(3).
2016 Section 44. Subsections (1), (3), and (4) of section
2017 468.393, Florida Statutes, are amended to read:
2018 468.393 Surcharge to license fee; assessments.—
2019 (1) At the time of licensure under s. 468.385, s.
2020 468.3851, or s. 468.3852, each licensee shall pay, in addition
2021 to an application and license fee, a surcharge in an amount to
2022 be determined by the department board, not to exceed $300, which
2023 shall be deposited in the Auctioneer Recovery Fund.
2024 (3) After October 1, 1995, if the total amount in the
2025 Auctioneer Recovery Fund, including principal and interest, is
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2026 less than $200,000 at the end of the fiscal year after the
2027 payment of all claims and expenses, the department board shall
2028 assess, in addition to any other fees under s. 468.3852, a
2029 surcharge against a licensee at the time of initial licensure or
2030 at the time of license renewal, according to the following
2031 formula in order to maintain the fund at $500,000:
2032 (a) Determine the amount remaining in the fund at the end
2033 of the state fiscal year after all expenses and claims have been
2034 paid.
2035 (b) Subtract the amount determined under paragraph (a)
2036 from $500,000.
2037 (c) Determine the number of initial licenses and license
2038 renewals in the fiscal year that precedes the current fiscal
2039 year.
2040 (d) Divide the amount determined under paragraph (b) by
2041 the number determined under paragraph (c).
2042 (4) The department board shall assess the surcharge
2043 described in subsection (3) against each licensee who receives
2044 an initial license or receives a renewal license during the
2045 fiscal year that follows the year in which the amount remaining
2046 in the fund was less than $200,000.
2047 Section 45. Subsections (1) and (4) of section 468.395,
2048 Florida Statutes, are amended to read:
2049 468.395 Conditions of recovery; eligibility.—
2050 (1) Recovery from the Auctioneer Recovery Fund may be
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2051 obtained as follows:
2052 (a) Any aggrieved person is eligible to receive recovery
2053 from the Auctioneer Recovery Fund if the department Florida
2054 Board of Auctioneers has issued a final order directing an
2055 offending licensee to pay restitution to the claimant as the
2056 result of the licensee violating, within this state, any
2057 provision of s. 468.389 or any rule adopted by the department
2058 board and if the department board determined that the order of
2059 restitution cannot be enforced; or
2060 (b) Any aggrieved person who obtains a final judgment in
2061 any court against any licensee to recover damages for any actual
2062 loss that results from the violation, within this state, by a
2063 licensee of any provision of s. 468.389 or any rule adopted by
2064 the department board may, upon termination of all proceedings,
2065 including appeals and proceedings supplemental to judgment for
2066 collection purposes, file a verified application to the
2067 department board for an order directing payment out of the
2068 Auctioneer Recovery Fund of the amount of actual loss in the
2069 transaction that remains unpaid upon the judgment. The amount of
2070 actual loss may include court costs, but may shall not include
2071 attorney's fees or punitive damages awarded.
2072 (4) The department board may shall not issue an order for
2073 payment of a claim from the Auctioneer Recovery Fund unless the
2074 claimant has reasonably established to the department board that
2075 she or he has taken proper and reasonable action to collect the
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2076 amount of her or his claim from the licensee responsible for the
2077 loss and that any recovery made has been applied to reduce the
2078 amount of the claim on the Auctioneer Recovery Fund.
2079 Section 46. Subsections (2) and (3) of section 468.396,
2080 Florida Statutes, are amended to read:
2081 468.396 Claims against a single licensee in excess of
2082 dollar limitation; joinder of claims, payment; insufficient
2083 funds.—
2084 (2) Upon petition of the department board, the court may
2085 require all claimants and prospective claimants against one
2086 licensee to be joined in one action, to the end that the
2087 respective rights of all the claimants to the department board
2088 may be equitably adjudicated and settled.
2089 (3) On June 30 and December 31 of each year, the
2090 department board shall identify each claim that the court orders
2091 to be paid during the 6-month period that ended on that day. The
2092 department board shall pay the part of each claim that is so
2093 identified within 15 days after the end of the 6-month period in
2094 which the claim is ordered paid. However, if the balance in the
2095 fund is insufficient to pay the full payable amount of each
2096 claim that is ordered to be paid during a 6-month period, the
2097 department board shall pay a prorated portion of each claim that
2098 is ordered to be paid during the period. Any part of the payable
2099 amount of a claim left unpaid due to the prorating of payments
2100 under this subsection shall be paid, subject to the $50,000
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2101 limit described in s. 468.395, before the payment of claims
2102 ordered to be paid during the following 6 months.
2103 Section 47. Section 468.397, Florida Statutes, is amended
2104 to read:
2105 468.397 Payment of claim.—Upon a final order of the court
2106 directing that payment be made out of the Auctioneer Recovery
2107 Fund, the department board shall, subject to the provisions of
2108 this part, make the payment out of the Auctioneer Recovery Fund
2109 as provided in s. 468.395.
2110 Section 48. Section 468.398, Florida Statutes, is amended
2111 to read:
2112 468.398 Suspension of judgment debtor's license; repayment
2113 by licensee; interest.—If the department board is required to
2114 make any payment from the Auctioneer Recovery Fund in settlement
2115 of a claim or toward the satisfaction of a judgment under this
2116 part, the department board shall suspend the judgment debtor's
2117 license. The licensee is not eligible to be licensed again as
2118 either an auctioneer or auction business until the licensee has
2119 repaid in full the amount paid from the Auctioneer Recovery
2120 Fund, with interest at the current applicable rate.
2121 Section 49. Subsection (5) of section 468.431, Florida
2122 Statutes, is amended to read:
2123 468.431 Definitions.—As used in this part:
2124 (5) "Council" means the Regulatory Council of Community
2125 Association Managers.
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2126 Section 50. Paragraph (d) of subsection (2) and subsection
2127 (3) of section 468.433, Florida Statutes, are amended to read:
2128 468.433 Licensure by examination.—
2129 (2) The department shall examine each applicant who is at
2130 least 18 years of age, who has successfully completed all
2131 prelicensure education requirements, and who the department
2132 certifies is of good moral character.
2133 (d) The department council shall establish by rule the
2134 required amount of prelicensure education, which shall consist
2135 of not more than 24 hours of in-person instruction by a
2136 department-approved provider and which shall cover all areas of
2137 the examination specified in subsection (3). Such instruction
2138 shall be completed within 12 months before prior to the date of
2139 the examination. Prelicensure education providers shall be
2140 considered continuing education providers for purposes of
2141 establishing provider approval fees. A licensee shall not be
2142 required to comply with the continuing education requirements of
2143 s. 468.4337 prior to the first license renewal. The department
2144 shall, by rule, set standards for exceptions to the requirement
2145 of in-person instruction in cases of hardship or disability.
2146 (3) The department council shall approve an examination
2147 for licensure. The examination must demonstrate that the
2148 applicant has a fundamental knowledge of state and federal laws
2149 relating to the operation of all types of community associations
2150 and state laws relating to corporations and nonprofit
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2151 corporations, proper preparation of community association
2152 budgets, proper procedures for noticing and conducting community
2153 association meetings, insurance matters relating to community
2154 associations, and management skills.
2155 Section 51. Subsection (1) of section 468.4336, Florida
2156 Statutes, is amended to read:
2157 468.4336 Renewal of license.—
2158 (1) The department shall renew a license upon receipt of
2159 the renewal application and fee and upon proof of compliance
2160 with the continuing education requirements of s. 468.4337.
2161 Section 52. Section 468.435, Florida Statutes, is amended
2162 to read:
2163 468.435 Fees; establishment; disposition.—
2164 (1) The department council shall establish fees for the
2165 described purposes and within the ranges specified in this
2166 section:
2167 (a) Application fee: not less than $25, or more than $50.
2168 (b) Examination fee: not less than $25, or more than $100.
2169 (c) Initial license fee: not less than $25, or more than
2170 $100.
2171 (d) Renewal of license fee: not less than $25, or more
2172 than $100.
2173 (e) Delinquent license fee: not less than $25, or more
2174 than $50.
2175 (f) Inactive license fee: not less than $10, or more than
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2176 $25.
2177 (2) Until the department council establishes fees under
2178 subsection (1), the lower amount in each range shall apply.
2179 (3) Fees collected under this section shall be deposited
2180 to the credit of the Professional Regulation Trust Fund.
2181 (4) The department council shall establish fees that are
2182 adequate to fund the cost to implement the provisions of this
2183 part. Fees shall be based on the department estimates of the
2184 revenue required to implement this part and the provisions of
2185 law with respect to the regulation of community association
2186 managers.
2187 Section 53. Paragraph (b) of subsection (2) and subsection
2188 (3) of section 468.436, Florida Statutes, are amended to read:
2189 468.436 Disciplinary proceedings.—
2190 (2) The following acts constitute grounds for which the
2191 disciplinary actions in subsection (4) may be taken:
2192 (b)1. Violation of this part.
2193 2. Violation of any lawful order or rule rendered or
2194 adopted by the department or the council.
2195 3. Being convicted of or pleading nolo contendere to a
2196 felony in any court in the United States.
2197 4. Obtaining a license or certification or any other
2198 order, ruling, or authorization by means of fraud,
2199 misrepresentation, or concealment of material facts.
2200 5. Committing acts of gross misconduct or gross negligence
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2201 in connection with the profession.
2202 6. Contracting, on behalf of an association, with any
2203 entity in which the licensee has a financial interest that is
2204 not disclosed.
2205 7. Failing to disclose any conflict of interest as
2206 required by s. 468.4335.
2207 8. Violating chapter 718, chapter 719, or chapter 720
2208 during the course of performing community association management
2209 services pursuant to a contract with a community association as
2210 defined in s. 468.431(1).
2211 (3) The department council shall specify by rule the acts
2212 or omissions that constitute a violation of subsection (2).
2213 Section 54. Subsection (2) of section 468.520, Florida
2214 Statutes, is amended to read:
2215 468.520 Definitions.—As used in this part:
2216 (2) "Board" means the Board of Employee Leasing Companies.
2217 Section 55. Section 468.522, Florida Statutes, is amended
2218 to read:
2219 468.522 Rules of the department board.—The department
2220 board has authority to adopt rules pursuant to ss. 120.536(1)
2221 and 120.54 to implement the provisions of this part. Every
2222 licensee shall be governed and controlled by this part and the
2223 rules adopted by the department board.
2224 Section 56. Subsection (2) and paragraph (b) of subsection
2225 (4) of section 468.524, Florida Statutes, are amended to read:
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2226 468.524 Application for license.—
2227 (2) The department board may require information and
2228 certifications necessary to determine that the applicant is of
2229 good moral character and meets other licensure requirements of
2230 this part.
2231 (4) An applicant or licensee is ineligible to reapply for
2232 a license for a period of 1 year following final agency action
2233 on the denial or revocation of a license applied for or issued
2234 under this part. This time restriction does not apply to
2235 administrative denials or revocations entered because:
2236 (b) The experience documented to the department board was
2237 insufficient at the time of the previous application;
2238 Section 57. Section 468.5245, Florida Statutes, is amended
2239 to read:
2240 468.5245 Change of ownership.—
2241 (1) A license or registration issued to any entity under
2242 this part may not be transferred or assigned. The department
2243 board shall adopt rules to provide for a licensee's or
2244 registrant's change of name or location.
2245 (2) A person or entity that seeks to purchase or acquire
2246 control of an employee leasing company or group licensed or
2247 registered under this part must first apply to the department
2248 board for a certificate of approval for the proposed change of
2249 ownership. However, prior approval is not required if, at the
2250 time the purchase or acquisition occurs, a controlling person of
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2251 the employee leasing company or group maintains a controlling
2252 person license under this part. Notification must be provided to
2253 the department board within 30 days after the purchase or
2254 acquisition of such company in the manner prescribed by the
2255 department board.
2256 (3) Any application that is submitted to the department
2257 board under this section shall be deemed approved if the board
2258 has not approved the application or rejected the application,
2259 and provided the applicant with the basis for a rejection,
2260 within 90 days after the receipt of the completed application.
2261 (4) The department board shall establish filing fees for a
2262 change-of-ownership application in accordance with s.
2263 468.524(1).
2264 Section 58. Subsection (2) and paragraphs (c), (d), (e),
2265 and (f) of subsection (3) of section 468.525, Florida Statutes,
2266 are amended to read:
2267 468.525 License requirements.—
2268 (2)(a) As used in this part, "good moral character" means
2269 a personal history of honesty, trustworthiness, fairness, a good
2270 reputation for fair dealings, and respect for the rights of
2271 others and for the laws of this state and nation. A thorough
2272 background investigation of the individual's good moral
2273 character shall be instituted by the department. Such
2274 investigation shall require:
2275 1. The submission of fingerprints, for processing through
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2276 appropriate law enforcement agencies, by the applicant and the
2277 examination of police records by the department board.
2278 2. Such other investigation of the individual as the
2279 department board may deem necessary.
2280 (b) The department board may deny an application for
2281 licensure or renewal citing lack of good moral character.
2282 Conviction of a crime within the last 7 years may shall not
2283 automatically bar any applicant or licensee from obtaining a
2284 license or continuing as a licensee. The department board shall
2285 consider the type of crime committed, the crime's relevancy to
2286 the employee leasing industry, the length of time since the
2287 conviction and any other factors deemed relevant by the
2288 department board.
2289 (3) Each employee leasing company licensed by the
2290 department shall have a registered agent for service of process
2291 in this state and at least one licensed controlling person. In
2292 addition, each licensed employee leasing company shall comply
2293 with the following requirements:
2294 (c) An applicant for initial or renewal license of an
2295 employee leasing company license or employee leasing company
2296 group shall have an accounting net worth or shall have
2297 guaranties, letters of credit, or other security acceptable to
2298 the department board in sufficient amounts to offset any
2299 deficiency. A guaranty will not be acceptable to satisfy this
2300 requirement unless the applicant submits sufficient evidence to
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2301 satisfy the department board that the guarantor has adequate
2302 resources to satisfy the obligation of the guaranty.
2303 (d) Each employee leasing company shall maintain an
2304 accounting net worth and positive working capital, as determined
2305 in accordance with generally accepted accounting principles, or
2306 shall have guaranties, letters of credit, or other security
2307 acceptable to the department board in sufficient amounts to
2308 offset any deficiency. A guaranty will not be acceptable to
2309 satisfy this requirement unless the licensee submits sufficient
2310 evidence, as defined by rule, that the guarantor has adequate
2311 resources to satisfy the obligation of the guaranty. In
2312 determining the amount of working capital, a licensee shall
2313 include adequate reserves for all taxes and insurance, including
2314 plans of self-insurance or partial self-insurance for claims
2315 incurred but not paid and for claims incurred but not reported.
2316 Compliance with the requirements of this paragraph is subject to
2317 verification by department or board audit.
2318 (e) Each employee leasing company or employee leasing
2319 company group shall submit annual financial statements audited
2320 by an independent certified public accountant, with the
2321 application and within 120 days after the end of each fiscal
2322 year, in a manner and time prescribed by the department board,
2323 provided however, that any employee leasing company or employee
2324 leasing company group with gross Florida payroll of less than
2325 $2.5 million during any fiscal year may submit financial
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2326 statements reviewed by an independent certified public
2327 accountant for that year.
2328 (f) The licensee shall notify the department or board in
2329 writing within 30 days after any change in the application or
2330 status of the license.
2331 Section 59. Subsections (3) and (5) of section 468.526,
2332 Florida Statutes, are amended to read:
2333 468.526 License required; fees.—
2334 (3) Each employee leasing company and employee leasing
2335 company group licensee shall pay to the department upon the
2336 initial issuance of a license and upon each renewal thereafter a
2337 license fee not to exceed $2,500 to be established by the
2338 department board. In addition to the license fee, the department
2339 board shall establish an annual assessment for each employee
2340 leasing company and each employee leasing company group
2341 sufficient to cover all costs for regulation of the profession
2342 pursuant to this chapter, chapter 455, and any other applicable
2343 provisions of law. The annual assessment shall:
2344 (a) Be due and payable upon initial licensure and
2345 subsequent renewals thereof and 1 year before the expiration of
2346 any licensure period; and
2347 (b) Be based on a fixed percentage, variable classes, or a
2348 combination of both, as determined by the department board, of
2349 gross Florida payroll for employees leased to clients by the
2350 applicant or licensee during the period beginning five quarters
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2351 before and ending one quarter before each assessment. It is the
2352 intent of the Legislature that the greater weight of total fees
2353 for licensure and assessments should be on larger companies and
2354 groups.
2355 (5) Each controlling person licensee shall pay to the
2356 department upon the initial issuance of a license and upon each
2357 renewal thereafter a license fee to be established by the
2358 department board in an amount not to exceed $2,000.
2359 Section 60. Subsection (1) of section 468.527, Florida
2360 Statutes, is amended to read:
2361 468.527 Licensure and license renewal.—
2362 (1) The department shall license any applicant who the
2363 department board certifies is qualified to practice employee
2364 leasing as an employee leasing company, employee leasing company
2365 group, or controlling person.
2366 Section 61. Subsection (2) of section 468.5275, Florida
2367 Statutes, is amended to read:
2368 468.5275 Registration and exemption of de minimis
2369 operations.—
2370 (2) A registration is valid for 1 year. Each registrant
2371 shall pay to the department upon initial registration, and upon
2372 each renewal thereafter, a registration fee to be established by
2373 the department board in an amount not to exceed:
2374 (a) Two hundred and fifty dollars for an employee leasing
2375 company.
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2376 (b) Five hundred dollars for an employee leasing company
2377 group.
2378 Section 62. Subsections (2), (4), and (5) of section
2379 468.529, Florida Statutes, are amended to read:
2380 468.529 Licensee's insurance; employment tax; benefit
2381 plans.—
2382 (2) An initial or renewal license may not be issued to any
2383 employee leasing company unless the employee leasing company
2384 first files with the department board evidence of workers'
2385 compensation coverage for all leased employees in this state.
2386 Each employee leasing company shall maintain and make available
2387 to its workers' compensation carrier the following information:
2388 (a) The correct name and federal identification number of
2389 each client company.
2390 (b) A listing of all covered employees provided to each
2391 client company, by classification code.
2392 (c) The total eligible wages by classification code and
2393 the premiums due to the carrier for the employees provided to
2394 each client company.
2395 (4) An initial or renewal license may not be issued to any
2396 employee leasing company unless the employee leasing company
2397 first provides evidence to the department board, as required by
2398 department board rule, that the employee leasing company has
2399 paid all of the employee leasing company's obligations for
2400 payroll, payroll-related taxes, workers' compensation insurance,
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2401 and employee benefits. All disputed amounts must be disclosed in
2402 the application.
2403 (5) The provisions of this section are subject to
2404 verification by department or board audit.
2405 Section 63. Subsections (3) and (4) of section 468.530,
2406 Florida Statutes, are amended to read:
2407 468.530 License, contents; posting.—
2408 (3) A No license is not shall be valid for any person or
2409 entity who engages in the business under any name other than
2410 that specified in the license. A license issued under this part
2411 is shall not be assignable, and a no licensee may not conduct a
2412 business under a fictitious name without prior written
2413 authorization of the department board to do so. The department
2414 board may not authorize the use of a name which is so similar to
2415 that of a public officer or agency, or of that used by another
2416 licensee, that the public may be confused or misled thereby. A
2417 No licensee shall be permitted to conduct business under more
2418 than one name unless it has obtained a separate license. A
2419 licensee desiring to change its licensed name at any time except
2420 upon license renewal shall notify the department board and pay a
2421 fee not to exceed $50 for each authorized change of name.
2422 (4) Each employee leasing company or employee leasing
2423 company group licensed under this part shall be properly
2424 identified in all advertisements, which must include the license
2425 number, licensed business name, and other appropriate
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2426 information in accordance with rules established by the
2427 department board.
2428 Section 64. Paragraph (e) of subsection (1) of section
2429 468.531, Florida Statutes, is amended to read:
2430 468.531 Prohibitions; penalties.—
2431 (1) No person or entity shall:
2432 (e) Knowingly give false or forged evidence to the
2433 department board or a member thereof; or
2434 Section 65. Section 468.532, Florida Statutes, is amended
2435 to read:
2436 468.532 Discipline.—
2437 (1) The following constitute grounds for which
2438 disciplinary action against a licensee may be taken by the
2439 department board:
2440 (a) Being convicted or found guilty of, or entering a plea
2441 of nolo contendere to, regardless of adjudication, bribery,
2442 fraud, or willful misrepresentation in obtaining, attempting to
2443 obtain, or renewing a license.
2444 (b) Being convicted or found guilty of, or entering a plea
2445 of nolo contendere to, regardless of adjudication, a crime in
2446 any jurisdiction which relates to the operation of an employee
2447 leasing business or the ability to engage in business as an
2448 employee leasing company.
2449 (c) Being convicted or found guilty of, or entering a plea
2450 of nolo contendere to, regardless of adjudication, fraud,
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2451 deceit, or misconduct in the classification of employees
2452 pursuant to chapter 440.
2453 (d) Being convicted or found guilty of, or entering a plea
2454 of nolo contendere to, regardless of adjudication, fraud,
2455 deceit, or misconduct in the establishment or maintenance of
2456 self-insurance, be it health insurance or workers' compensation
2457 insurance.
2458 (e) Being convicted or found guilty of, or entering a plea
2459 of nolo contendere to, regardless of adjudication, fraud,
2460 deceit, or misconduct in the operation of an employee leasing
2461 company.
2462 (f) Conducting business without an active license.
2463 (g) Failing to maintain workers' compensation insurance as
2464 required in s. 468.529.
2465 (h) Transferring or attempting to transfer a license
2466 issued pursuant to this part.
2467 (i) Violating any provision of this part or any lawful
2468 order or rule issued under the provisions of this part or
2469 chapter 455.
2470 (j) Failing to notify the department board, in writing, of
2471 any change of the primary business address or the addresses of
2472 any of the licensee's offices in the state.
2473 (k) Having been confined in any county jail,
2474 postadjudication, or being confined in any state or federal
2475 prison or mental institution, or when through mental disease or
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2476 deterioration, the licensee can no longer safely be entrusted to
2477 deal with the public or in a confidential capacity.
2478 (l) Having been found guilty for a second time of any
2479 misconduct that warrants suspension or being found guilty of a
2480 course of conduct or practices which shows that the licensee is
2481 so incompetent, negligent, dishonest, or untruthful that the
2482 money, property, transactions, and rights of investors, or those
2483 with whom the licensee may sustain a confidential relationship,
2484 may not safely be entrusted to the licensee.
2485 (m) Failing to inform the department board in writing
2486 within 30 days after being convicted or found guilty of, or
2487 entering a plea of nolo contendere to, any felony, regardless of
2488 adjudication.
2489 (n) Failing to conform to any lawful order of the
2490 department board.
2491 (o) Being determined liable for civil fraud by a court in
2492 any jurisdiction.
2493 (p) Having adverse material final action taken by any
2494 state or federal regulatory agency for violations within the
2495 scope of control of the licensee.
2496 (q) Failing to inform the department board in writing
2497 within 30 days after any adverse material final action by a
2498 state or federal regulatory agency.
2499 (r) Failing to meet or maintain the requirements for
2500 licensure as an employee leasing company or controlling person.
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2501 (s) Engaging as a controlling person any person who is not
2502 licensed as a controlling person by the department board.
2503 (t) Attempting to obtain, obtaining, or renewing a license
2504 to practice employee leasing by bribery, misrepresentation, or
2505 fraud.
2506 (2) When the department board finds any violation of
2507 subsection (1), it may do one or more of the following:
2508 (a) Deny an application for licensure.
2509 (b) Permanently revoke, suspend, restrict, or not renew a
2510 license.
2511 (c) Impose an administrative fine not to exceed $5,000 for
2512 every count or separate offense.
2513 (d) Issue a reprimand.
2514 (e) Place the licensee on probation for a period of time
2515 and subject to such conditions as the department board may
2516 specify.
2517 (f) Assess costs associated with investigation and
2518 prosecution.
2519 (3) Upon revocation or suspension of a license, the
2520 licensee must immediately return to the department the license
2521 that was revoked or suspended.
2522 (4) The department board shall specify the penalties for
2523 any violation of this part.
2524 Section 66. Subsection (1) of section 468.603, Florida
2525 Statutes, is amended to read:
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2526 468.603 Definitions.—As used in this part:
2527 (1) "Board" means the Florida Building Code Administrators
2528 and Inspectors Board.
2529 Section 67. Section 468.606, Florida Statutes, is amended
2530 to read:
2531 468.606 Authority of the department board.—The department
2532 may board is authorized to:
2533 (1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
2534 implement the provisions of this part.
2535 (2) Certify individuals as being qualified under the
2536 provisions of this part to be building code administrators,
2537 plans examiners, and building code inspectors.
2538 Section 68. Section 468.607, Florida Statutes, is amended
2539 to read:
2540 468.607 Certification of building code administration and
2541 inspection personnel.—The department board shall issue a
2542 certificate to any individual whom the department board
2543 determines to be qualified, within such class and level as
2544 provided in this part and with such limitations as the
2545 department board may place upon it. A No person may not be
2546 employed by a state agency or local governmental authority to
2547 perform the duties of a building code administrator, plans
2548 examiner, or building code inspector after October 1, 1993,
2549 without possessing the proper valid certificate issued in
2550 accordance with the provisions of this part. Any person who acts
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2551 as an inspector and plans examiner under s. 1013.37 while
2552 conducting activities authorized by certification under that
2553 section is certified to continue to conduct inspections for a
2554 local enforcement agency until the person's UBCI certification
2555 expires, after which time such person must possess the proper
2556 valid certificate issued in accordance with this part.
2557 Section 69. Section 468.613, Florida Statutes, is amended
2558 to read:
2559 468.613 Certification by endorsement.—The department board
2560 shall examine other certification or training programs, as
2561 applicable, upon submission to the department board for its
2562 consideration of an application for certification by
2563 endorsement. The department board shall waive its examination,
2564 qualification, education, or training requirements, to the
2565 extent that such examination, qualification, education, or
2566 training requirements of the applicant are determined by the
2567 department board to be comparable with those established by the
2568 department board. The department board shall waive its
2569 examination, qualification, education, or training requirements
2570 if an applicant for certification by endorsement is at least 18
2571 years of age; is of good moral character; has held a valid
2572 building administrator, inspector, plans examiner, or the
2573 equivalent, certification issued by another state or territory
2574 of the United States for at least 10 years before the date of
2575 application; and has successfully passed an applicable
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2576 examination administered by the International Code Council. Such
2577 application must be made either when the license in another
2578 state or territory is active or within 2 years after such
2579 license was last active.
2580 Section 70. Subsections (5) and (7) of section 468.619,
2581 Florida Statutes, are amended to read:
2582 468.619 Building code enforcement officials' bill of
2583 rights.—
2584 (5) The enforcement official shall be considered an agent
2585 of the governmental entity employing him or her and as such
2586 shall be defended by that entity in any action brought by the
2587 department or the board, provided the enforcement official is
2588 working within the scope of his or her employment.
2589 (7) If any action taken against the enforcement official
2590 by the department or the board is found to be without merit by a
2591 court of competent jurisdiction, or if judgment in such an
2592 action is awarded to the enforcement official, the department or
2593 the board, or the assignee of the department or board, shall
2594 reimburse the enforcement official or his or her employer, as
2595 appropriate, for reasonable legal costs and reasonable
2596 attorney's fees incurred. The amount awarded may shall not
2597 exceed the limit provided in s. 120.595.
2598 Section 71. Paragraph (a) of subsection (1) and
2599 subsections (2), (3), and (4) of section 468.621, Florida
2600 Statutes, are amended to read:
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2601 468.621 Disciplinary proceedings.—
2602 (1) The following acts constitute grounds for which the
2603 disciplinary actions in subsection (2) may be taken:
2604 (a) Violating or failing to comply with any provision of
2605 this part, or a valid rule or lawful order of the board or
2606 department pursuant thereto.
2607 (2) When the department board finds any person guilty of
2608 any of the grounds set forth in subsection (1), it may enter an
2609 order imposing one or more of the following penalties:
2610 (a) Denial of an application for certification.
2611 (b) Permanent revocation.
2612 (c) Suspension of a certificate.
2613 (d) Imposition of an administrative fine not to exceed
2614 $5,000 for each separate offense. Such fine must be rationally
2615 related to the gravity of the violation.
2616 (e) Issuance of a reprimand.
2617 (f) Placement of the certificateholder on probation for a
2618 period of time and subject to such conditions as the department
2619 board may impose, including alteration of performance level.
2620 (g) Satisfactory completion of continuing education.
2621 (h) Issuance of a citation.
2622 (3) Where a certificate is suspended, placed on probation,
2623 or has conditions imposed, the department board shall reinstate
2624 the certificate of a disciplined building code administrator,
2625 plans examiner, or building code inspector upon proof the
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2626 disciplined individual has complied with all terms and
2627 conditions set forth in the final order.
2628 (4) A No person may not be allowed to apply for
2629 certification under this part for a minimum of 5 years after the
2630 date of revocation of any certificate issued pursuant to this
2631 part. The department board may by rule establish additional
2632 criteria for certification following revocation.
2633 Section 72. Subsections (1) and (5) of section 468.627,
2634 Florida Statutes, are amended to read:
2635 468.627 Application; examination; renewal; fees.—
2636 (1) The department board shall establish by rule fees to
2637 be paid for application, examination, reexamination,
2638 certification and certification renewal, inactive status
2639 application, and reactivation of inactive certificates. The
2640 department board may establish by rule a late renewal penalty.
2641 The department board shall establish fees which are adequate,
2642 when combined with revenue generated by the provisions of s.
2643 468.631, to ensure the continued operation of this part. Fees
2644 shall be based on department estimates of the revenue required
2645 to implement this part.
2646 (5) The certificateholder shall provide proof, in a form
2647 established by board rule, that the certificateholder has
2648 completed at least 14 classroom hours of at least 50 minutes
2649 each of continuing education courses during each biennium since
2650 the issuance or renewal of the certificate, including the
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2651 specialized or advanced coursework approved by the Florida
2652 Building Commission, as part of the building code training
2653 program established pursuant to s. 553.841, appropriate to the
2654 licensing category sought. A minimum of 3 of the required 14
2655 classroom hours must be on state law, rules, and ethics relating
2656 to professional standards of practice, duties, and
2657 responsibilities of the certificateholder. The board shall by
2658 rule establish criteria for approval of continuing education
2659 courses and providers, and may by rule establish criteria for
2660 accepting alternative nonclassroom continuing education on an
2661 hour-for-hour basis.
2662 Section 73. Paragraph (d) of subsection (1) of section
2663 468.629, Florida Statutes, is amended to read:
2664 468.629 Prohibitions; penalties.—
2665 (1) No person may:
2666 (d) Give false or forged evidence to the board or the
2667 department, or a member, an employee, or an officer thereof, for
2668 the purpose of obtaining a certificate.
2669 Section 74. Subsection (1) of section 468.631, Florida
2670 Statutes, is amended to read:
2671 468.631 Building Code Administrators and Inspectors Fund.—
2672 (1) This part shall be funded through a surcharge, to be
2673 assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
2674 1.5 percent of all permit fees associated with enforcement of
2675 the Florida Building Code as defined by the uniform account
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2676 criteria and specifically the uniform account code for building
2677 permits adopted for local government financial reporting
2678 pursuant to s. 218.32. The minimum amount collected on any
2679 permit issued shall be $2. The unit of government responsible
2680 for collecting permit fees pursuant to s. 125.56 or s. 166.201
2681 shall collect such surcharge and shall remit the funds to the
2682 department on a quarterly calendar basis beginning not later
2683 than December 31, 2010, for the preceding quarter, and
2684 continuing each third month thereafter; and such unit of
2685 government shall retain 10 percent of the surcharge collected to
2686 fund the participation of building departments in the national
2687 and state building code adoption processes and to provide
2688 education related to enforcement of the Florida Building Code.
2689 There is created within the Professional Regulation Trust Fund a
2690 separate account to be known as the Building Code Administrators
2691 and Inspectors Fund, which shall deposit and disburse funds as
2692 necessary for the implementation of this part. The proceeds from
2693 this surcharge shall be allocated equally to fund the Florida
2694 Homeowners' Construction Recovery Fund established by s. 489.140
2695 and the functions of the Building Code Administrators and
2696 Inspectors Board. The department may transfer excess cash to the
2697 Florida Homeowners' Construction Recovery Fund that it
2698 determines is not required to fund the implementation of this
2699 part board from the board's account within the Professional
2700 Regulation Trust Fund. However, the department may not transfer
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2701 excess cash that would exceed the amount appropriated in the
2702 General Appropriations Act, and any amount approved by the
2703 Legislative Budget Commission pursuant to s. 216.181, to be used
2704 for the payment of claims from the Florida Homeowners'
2705 Construction Recovery Fund.
2706 Section 75. Subsection (7) of section 468.8312, Florida
2707 Statutes, is amended to read:
2708 468.8312 Fees.—
2709 (7) The fee for applications from providers of continuing
2710 education may not exceed $500.
2711 Section 76. Subsection (1) of section 468.8315, Florida
2712 Statutes, is amended to read:
2713 468.8315 Renewal of license.—
2714 (1) The department shall renew a license upon receipt of
2715 the renewal application and upon certification by the department
2716 that the licensee has satisfactorily completed the continuing
2717 education requirements of s. 468.8316.
2718 Section 77. Subsection (1) of section 468.8415, Florida
2719 Statutes, is amended to read:
2720 468.8415 Renewal of license.—
2721 (1) The department shall renew a license upon receipt of
2722 the renewal application and fee and upon certification by the
2723 department that the licensee has satisfactorily completed the
2724 continuing education requirements of s. 468.8416.
2725 Section 78. Subsection (2) of section 468.8417, Florida
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2726 Statutes, is amended to read:
2727 468.8417 Inactive license.—
2728 (2) A license that becomes inactive may be reactivated
2729 upon application to the department. The department may prescribe
2730 by rule continuing education requirements as a condition of
2731 reactivating a license. The rules may not require more than one
2732 renewal cycle of continuing education to reactivate a license.
2733 Section 79. Paragraph (d) of subsection (1) and paragraph
2734 (d) of subsection (2) of section 468.8419, Florida Statutes, are
2735 amended to read:
2736 468.8419 Prohibitions; penalties.—
2737 (1) A person may not:
2738 (d) Perform or offer to perform any mold remediation to a
2739 structure on which the mold assessor or the mold assessor's
2740 company provided a mold assessment within the last 12 months.
2741 This paragraph does not apply to a certified contractor who is
2742 classified in s. 489.105(2) s. 489.105(3) as a Division I
2743 contractor. However, the department may adopt rules requiring
2744 that, if such contractor performs the mold assessment and offers
2745 to perform the mold remediation, the contract for mold
2746 remediation provided to the homeowner discloses that he or she
2747 has the right to request competitive bids.
2748 (2) A mold remediator, a company that employs a mold
2749 remediator, or a company that is controlled by a company that
2750 also has a financial interest in a company employing a mold
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2751 remediator may not:
2752 (d) Perform or offer to perform any mold assessment to a
2753 structure on which the mold remediator or the mold remediator's
2754 company provided a mold remediation within the last 12 months.
2755 This paragraph does not apply to a certified contractor who is
2756 classified in s. 489.105(2) s. 489.105(3) as a Division I
2757 contractor. However, the department may adopt rules requiring
2758 that, if such contractor performs the mold remediation and
2759 offers to perform the mold assessment, the contract for mold
2760 assessment provided to the homeowner discloses that he or she
2761 has the right to request competitive bids.
2762 Section 80. Subsection (4) of section 469.004, Florida
2763 Statutes, is amended to read:
2764 469.004 License; asbestos consultant; asbestos
2765 contractor.—
2766 (4) A license issued under this chapter must be renewed
2767 every 2 years. Before an asbestos contractor's license may be
2768 renewed, the licensee must complete a 1-day course of continuing
2769 education during each of the preceding 2 years. Before an
2770 asbestos consultant's license may be renewed, the licensee must
2771 complete a 2-day course of continuing education during each of
2772 the preceding 2 years.
2773 Section 81. Subsection (5) of section 469.012, Florida
2774 Statutes, is renumbered as subsection (4) and subsection (1) and
2775 present subsection (4) of that section are amended, to read:
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2776 469.012 Course requirements for onsite supervisors and
2777 asbestos abatement workers.—
2778 (1) Each asbestos contractor's onsite supervisor must
2779 complete an asbestos contractor/supervisor course of not less
2780 than 5 days before prior to engaging in onsite supervision. Such
2781 training shall cover the nature of the health risks, the medical
2782 effects of exposure, federal and state asbestos laws and
2783 regulations, worker protection, and work area protection. Each
2784 onsite supervisor must also complete a continuing education
2785 course of not less than 1 day in length each year.
2786 (4) All asbestos abatement workers, including onsite
2787 supervisors, must complete, as a condition of renewal of
2788 accreditation, such courses of continuing education each year as
2789 are approved and required by the department.
2790 Section 82. Subsection (1) of section 469.013, Florida
2791 Statutes, is amended to read:
2792 469.013 Course requirements for asbestos surveyors,
2793 management planners, project monitors, and project designers.—
2794 (1) All asbestos surveyors, management planners, and
2795 project monitors must comply with the requirements under set
2796 forth in this section before prior to commencing such activities
2797 and must also complete the continuing education necessary to
2798 maintain accreditation each year.
2799 (a) Management planners must complete all requirements of
2800 s. 469.005(2)(b) and (d).
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2801 (b) Asbestos surveyors must complete all requirements of
2802 s. 469.005(2)(a).
2803 (c) Project monitors must complete all requirements of s.
2804 469.005(3)(a) and must also complete an asbestos sampling course
2805 which is equivalent to NIOSH Course 582.
2806 (d) Project designers must complete all requirements of s.
2807 469.005(2)(d).
2808 Section 83. Paragraph (b) of subsection (2) of section
2809 471.003, Florida Statutes, is amended to read:
2810 471.003 Qualifications for practice; exemptions.—
2811 (2) The following persons are not required to be licensed
2812 under the provisions of this chapter as a licensed engineer:
2813 (b)1. A person acting as a public officer employed by any
2814 state, county, municipal, or other governmental unit of this
2815 state when working on any project the total estimated cost of
2816 which is $10,000 or less.
2817 2. Persons who are employees of any state, county,
2818 municipal, or other governmental unit of this state and who are
2819 the subordinates of a person in responsible charge licensed
2820 under this chapter, to the extent that the supervision meets
2821 standards adopted by rule of the department board.
2822 Section 84. Section 471.0035, Florida Statutes, is amended
2823 to read:
2824 471.0035 Instructors in postsecondary educational
2825 institutions; exemption from licensure requirement.—For the sole
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2826 purpose of teaching the principles and methods of engineering
2827 design, notwithstanding the provisions of s. 471.005(6) s.
2828 471.005(7), a person employed by a public postsecondary
2829 educational institution, or by an independent postsecondary
2830 educational institution licensed or exempt from licensure
2831 pursuant to the provisions of chapter 1005, is not required to
2832 be licensed under the provisions of this chapter as a
2833 professional engineer.
2834 Section 85. Subsections (2) through (12) of section
2835 471.005, Florida Statutes, are renumbered as subsections (1)
2836 through (11), respectively, and present subsections (1), (6),
2837 and (10) of that section are amended, to read:
2838 471.005 Definitions.—As used in this chapter, the term:
2839 (1) "Board" means the Board of Professional Engineers.
2840 (5)(6) "Engineer intern" means a person who has graduated
2841 from an engineering curriculum approved by the department board
2842 and has passed the fundamentals of engineering examination as
2843 provided by rules adopted by the department board.
2844 (9)(10) "Retired professional engineer" or "professional
2845 engineer, retired" means a person who has been duly licensed as
2846 a professional engineer by the department board and who chooses
2847 to relinquish or not to renew his or her license and applies to
2848 and is approved by the department board to be granted the title
2849 "Professional Engineer, Retired."
2850 Section 86. Subsection (1) of section 471.011, Florida
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2851 Statutes, is amended to read:
2852 471.011 Fees.—
2853 (1) The department board by rule may establish fees to be
2854 paid for applications, examination, reexamination, licensing and
2855 renewal, inactive status application and reactivation of
2856 inactive licenses, and recordmaking and recordkeeping. The
2857 department board may also establish by rule a delinquency fee.
2858 The board shall establish fees that are adequate to ensure the
2859 continued operation of the board. Fees shall be based on
2860 department estimates of the revenue required to implement this
2861 chapter and the provisions of law with respect to the regulation
2862 of engineers.
2863 Section 87. Section 471.013, Florida Statutes, is amended
2864 to read:
2865 471.013 Examinations; prerequisites.—
2866 (1)(a) A person shall be entitled to take an examination
2867 for the purpose of determining whether she or he is qualified to
2868 practice in this state as an engineer if the person is of good
2869 moral character and:
2870 1. Is a graduate from an approved engineering science
2871 curriculum of 4 years or more in a school, college, or
2872 university which has been approved by the department board; or
2873 2. Is a graduate of an approved engineering technology
2874 curriculum of 4 years or more in a school, college, or
2875 university which has been approved by the department board.
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2876
2877 The department board shall adopt rules providing for the review
2878 and approval of schools or colleges and the courses of study in
2879 engineering in such schools and colleges. The rules shall be
2880 based on the educational requirements for engineering as defined
2881 in s. 471.005. The department board may adopt rules providing
2882 for the acceptance of the approval and accreditation of schools
2883 and courses of study by a nationally accepted accreditation
2884 organization.
2885 (b) A person shall be entitled to take the fundamentals
2886 examination for the purpose of determining whether she or he is
2887 qualified to practice in this state as an engineer intern if she
2888 or he is in the final year of, or is a graduate of, an approved
2889 engineering curriculum in a school, college, or university
2890 approved by the department board.
2891 (c) A person may shall not be entitled to take the
2892 principles and practice examination until that person has
2893 successfully completed the fundamentals examination.
2894 (2)(d) The department board shall deem that an applicant
2895 who seeks licensure by examination has passed the fundamentals
2896 examination when such applicant has received a doctorate degree
2897 in engineering from an institution that has an undergraduate
2898 engineering program that is accredited by the Engineering
2899 Accreditation Commission of the Accreditation Board for
2900 Engineering and Technology, Inc., and has taught engineering
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2901 full time for at least 3 years, at the baccalaureate level or
2902 higher, after receiving that degree.
2903 (3)(e) Every applicant who is qualified to take the
2904 fundamentals examination or the principles and practice
2905 examination shall be allowed to take either examination three
2906 times, notwithstanding the number of times either examination
2907 has been previously failed. If an applicant fails either
2908 examination three times, the department board shall require the
2909 applicant to complete additional college-level education courses
2910 or a department-approved board-approved relevant examination
2911 review course as a condition of future eligibility to take that
2912 examination. If the applicant is delayed in taking the
2913 examination due to reserve or active duty service in the United
2914 States Armed Forces or National Guard, the applicant is allowed
2915 an additional two attempts to take the examination before the
2916 department board may require additional college-level education
2917 or review courses.
2918 (4)(2)(a) The department board may refuse to certify an
2919 applicant for failure to satisfy the requirement of good moral
2920 character only if:
2921 1. There is a substantial connection between the lack of
2922 good moral character of the applicant and the professional
2923 responsibilities of a licensed engineer; and
2924 2. The finding by the department board of lack of good
2925 moral character is supported by clear and convincing evidence.
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2926 (b) When an applicant is found to be unqualified for a
2927 license because of a lack of good moral character, the
2928 department board shall furnish the applicant a statement
2929 containing the findings of the department board, a complete
2930 record of the evidence upon which the determination was based,
2931 and a notice of the rights of the applicant to a rehearing and
2932 appeal.
2933 Section 88. Section 471.017, Florida Statutes, is amended
2934 to read:
2935 471.017 Renewal of license.—
2936 (1) The department management corporation shall renew a
2937 license upon receipt of the renewal application and fee.
2938 (2) The department board shall adopt rules establishing a
2939 procedure for the biennial renewal of licenses.
2940 (3)(a) The board shall require a demonstration of
2941 continuing professional competency of engineers as a condition
2942 of license renewal or relicensure. Every licensee must complete
2943 9 continuing education hours for each year of the license
2944 renewal period, totaling 18 continuing education hours for the
2945 license renewal period. For each renewal period for such
2946 continuing education:
2947 1. One hour must relate to this chapter and the rules
2948 adopted under this chapter.
2949 2. One hour must relate to professional ethics.
2950 3. Four hours must relate to the licensee's area of
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2951 practice.
2952 4. The remaining hours may relate to any topic pertinent
2953 to the practice of engineering.
2954
2955 Continuing education hours may be earned by presenting or
2956 attending seminars, in-house or nonclassroom courses, workshops,
2957 or professional or technical presentations made at meetings,
2958 webinars, conventions, or conferences, including those presented
2959 by vendors with specific knowledge related to the licensee's
2960 area of practice. Up to 4 hours may be earned by serving as an
2961 officer or actively participating on a committee of a board-
2962 recognized professional or technical engineering society. The 2
2963 required continuing education hours relating to this chapter,
2964 the rules adopted pursuant to this chapter, and ethics may be
2965 earned by serving as a member of the Legislature or as an
2966 elected state or local official. The hours required pursuant to
2967 s. 471.0195 may apply to any requirements of this section except
2968 for those required under subparagraph 1.
2969 (b) The board shall adopt rules that are substantially
2970 consistent with the most recent published version of the
2971 Continuing Professional Competency Guidelines of the National
2972 Council of Examiners for Engineering and Surveying, and shall
2973 allow nonclassroom hours to be credited. The board may, by rule,
2974 exempt from continuing professional competency requirements
2975 retired professional engineers who no longer sign and seal
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2976 engineering documents and licensees in unique circumstances that
2977 severely limit opportunities to obtain the required continuing
2978 education hours.
2979 Section 89. Subsections (1) and (2) of section 471.021,
2980 Florida Statutes, are amended to read:
2981 471.021 Engineers and firms of other states; temporary
2982 registration to practice in Florida.—
2983 (1) Upon approval of the department board and payment of
2984 the fee set in s. 471.011, the department management corporation
2985 shall issue a temporary registration for work on one specified
2986 project in this state for a period not to exceed 1 year to an
2987 engineer holding a certificate to practice in another state,
2988 provided Florida licensees are similarly permitted to engage in
2989 work in such state and provided that the engineer be qualified
2990 for licensure by endorsement.
2991 (2) Upon approval by the department board and payment of
2992 the fee set in s. 471.011, the department management corporation
2993 shall issue a temporary registration for work on one specified
2994 project in this state for a period not to exceed 1 year to an
2995 out-of-state corporation, partnership, or firm, provided one of
2996 the principal officers of the corporation, one of the partners
2997 of the partnership, or one of the principals in the fictitiously
2998 named firm has obtained a temporary registration in accordance
2999 with subsection (1).
3000 Section 90. Subsection (4) of section 471.023, Florida
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3001 Statutes, is amended to read:
3002 471.023 Qualification of business organizations.—
3003 (4) Each qualifying agent of a business organization
3004 qualified under this section must notify the department board
3005 within 30 days after any change in the information contained in
3006 the application upon which the qualification is based.
3007 (a) A qualifying agent who terminates an affiliation with
3008 a qualified business organization shall notify the department
3009 management corporation of such termination within 24 hours. If
3010 such qualifying agent is the only qualifying agent for that
3011 business organization, the business organization must be
3012 qualified by another qualifying agent within 60 days after the
3013 termination. Except as provided in paragraph (b), the business
3014 organization may not engage in the practice of engineering until
3015 it is qualified by another qualifying agent.
3016 (b) In the event a qualifying agent ceases employment with
3017 a qualified business organization and the qualifying agent is
3018 the only licensed individual affiliated with the business
3019 organization, the executive director of the department
3020 management corporation or the chair of the board may authorize
3021 another licensee employed by the business organization to
3022 temporarily serve as its qualifying agent for a period of no
3023 more than 60 days to proceed with incomplete contracts. The
3024 business organization is not authorized to operate beyond such
3025 period under this chapter absent replacement of the qualifying
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3026 agent.
3027 (c) A qualifying agent shall notify the department in
3028 writing before engaging in the practice of engineering in the
3029 licensee's name or in affiliation with a different business
3030 organization.
3031 Section 91. Subsections (1) and (2) of section 471.025,
3032 Florida Statutes, are amended to read:
3033 471.025 Seals.—
3034 (1) The department board shall prescribe, by rule, one or
3035 more forms of seal to be used by licensees. Each licensee shall
3036 obtain at least one seal in the form approved by rule of the
3037 department board and may, in addition, register his or her seal
3038 electronically in accordance with ss. 668.001-668.006. All final
3039 drawings, specifications, plans, reports, or documents prepared
3040 or issued by the licensee and being filed for public record and
3041 all final documents provided to the owner or the owner's
3042 representative shall be signed by the licensee, dated, and
3043 sealed with said seal. Such signature, date, and seal shall be
3044 evidence of the authenticity of that to which they are affixed.
3045 Drawings, specifications, plans, reports, final documents, or
3046 documents prepared or issued by a licensee may be transmitted
3047 electronically and may be signed by the licensee, dated, and
3048 sealed electronically with said seal in accordance with ss.
3049 668.001-668.006.
3050 (2) It is unlawful for any person to seal or digitally
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3051 sign any document with a seal or digital signature after his or
3052 her license has expired or been revoked or suspended, unless
3053 such license has been reinstated or reissued. When an engineer's
3054 license has been revoked or suspended by the department board,
3055 the licensee shall, within a period of 30 days after the
3056 revocation or suspension has become effective, surrender his or
3057 her seal to the executive director of the department board and
3058 confirm to the department executive director the cancellation of
3059 the licensee's digital signature in accordance with ss. 668.001-
3060 668.006. In the event the engineer's license has been suspended
3061 for a period of time, his or her seal shall be returned to him
3062 or her upon expiration of the suspension period.
3063 Section 92. Paragraphs (b) and (d) of subsection (1) of
3064 section 471.031, Florida Statutes, are amended to read:
3065 471.031 Prohibitions; penalties.—
3066 (1) A person may not:
3067 (b)1. Except as provided in subparagraph 2. or
3068 subparagraph 3., use the name or title "professional engineer"
3069 or any other title, designation, words, letters, abbreviations,
3070 or device tending to indicate that such person holds an active
3071 license as an engineer when the person is not licensed under
3072 this chapter, including, but not limited to, the following
3073 titles: "agricultural engineer," "air-conditioning engineer,"
3074 "architectural engineer," "building engineer," "chemical
3075 engineer," "civil engineer," "control systems engineer,"
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3076 "electrical engineer," "environmental engineer," "fire
3077 protection engineer," "industrial engineer," "manufacturing
3078 engineer," "mechanical engineer," "metallurgical engineer,"
3079 "mining engineer," "minerals engineer," "marine engineer,"
3080 "nuclear engineer," "petroleum engineer," "plumbing engineer,"
3081 "structural engineer," "transportation engineer," "software
3082 engineer," "computer hardware engineer," or "systems engineer."
3083 2. Any person who is exempt from licensure under s.
3084 471.003(2)(j) may use the title or personnel classification of
3085 "engineer" in the scope of his or her work under that exemption
3086 if the title does not include or connote the term "professional
3087 engineer," "registered engineer," "licensed engineer,"
3088 "registered professional engineer," or "licensed professional
3089 engineer."
3090 3. Any person who is exempt from licensure under s.
3091 471.003(2)(c) or (e) may use the title or personnel
3092 classification of "engineer" in the scope of his or her work
3093 under that exemption if the title does not include or connote
3094 the term "professional engineer," "registered engineer,"
3095 "licensed engineer," "registered professional engineer," or
3096 "licensed professional engineer" and if that person is a
3097 graduate from an approved engineering curriculum of 4 years or
3098 more in a school, college, or university which has been approved
3099 by the department board.
3100 (d) Give false or forged evidence to the department board
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3101 or a member thereof.
3102 Section 93. Paragraphs (a) and (k) of subsection (1) and
3103 subsections (2), (3), and (4) of section 471.033, Florida
3104 Statutes, are amended to read:
3105 471.033 Disciplinary proceedings.—
3106 (1) The following acts constitute grounds for which the
3107 disciplinary actions in subsection (3) may be taken:
3108 (a) Violating any provision of s. 455.227(1), s. 471.025,
3109 or s. 471.031, or any other provision of this chapter or rule of
3110 the board or department.
3111 (k) Violating any order of the board or department
3112 previously entered in a disciplinary hearing.
3113 (2) The department board shall specify, by rule, what acts
3114 or omissions constitute a violation of subsection (1).
3115 (3) When the department board finds any person guilty of
3116 any of the grounds set forth in subsection (1), it may enter an
3117 order imposing one or more of the following penalties:
3118 (a) Denial of an application for licensure.
3119 (b) Revocation or suspension of a license.
3120 (c) Imposition of an administrative fine not to exceed
3121 $5,000 for each count or separate offense.
3122 (d) Issuance of a reprimand.
3123 (e) Placement of the licensee on probation for a period of
3124 time and subject to such conditions as the department board may
3125 specify.
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3126 (f) Restriction of the authorized scope of practice by the
3127 licensee.
3128 (g) Restitution.
3129 (4) The department management corporation shall reissue
3130 the license of a disciplined engineer or business upon
3131 certification by the department board that the disciplined
3132 person has complied with all of the terms and conditions set
3133 forth in the final order.
3134 Section 94. Section 471.045, Florida Statutes, is amended
3135 to read:
3136 471.045 Professional engineers performing building code
3137 inspector duties.—Notwithstanding any other provision of law, a
3138 person who is currently licensed under this chapter to practice
3139 as a professional engineer may provide building code inspection
3140 services described in s. 468.603(4) and (7) s. 468.603(5) and
3141 (8) to a local government or state agency upon its request,
3142 without being certified by the Florida Building Code
3143 Administrators and Inspectors licensing program Board under part
3144 XII of chapter 468. When performing these building code
3145 inspection services, the professional engineer is subject to the
3146 disciplinary guidelines of this chapter and s. 468.621(1)(c)-
3147 (h). Any complaint processing, investigation, and discipline
3148 that arise out of a professional engineer's performing building
3149 code inspection services shall be conducted by the department
3150 Board of Professional Engineers rather than the Florida Building
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3151 Code Administrators and Inspectors Board. A professional
3152 engineer may not perform plans review as an employee of a local
3153 government upon any job that the professional engineer or the
3154 professional engineer's company designed.
3155 Section 95. Subsections (1), (2), and (5) of section
3156 471.055, Florida Statutes, are amended to read:
3157 471.055 Structural Engineering Recognition Program for
3158 Professional Engineers.—
3159 (1) The department board shall establish the Structural
3160 Engineering Recognition Program for Professional Engineers to
3161 recognize professional engineers who specialize in structural
3162 engineering and have gone above and beyond the required minimum
3163 professional engineer licensing standards. The department board
3164 shall establish minimum requirements to receive recognition
3165 through the program. The department board must recognize any
3166 licensed professional engineer who has successfully passed the
3167 National Council of Examiners for Engineering and Surveying
3168 Structural Engineering 16-hour PE Structural examination or any
3169 other examination approved by the department board. In addition,
3170 the department board may recognize any licensed professional
3171 engineer who specializes in structural engineering based on
3172 alternative criteria determined by the department board.
3173 (2) Upon application to the department board, a
3174 professional engineer who has the minimum program requirements
3175 shall be recognized as a professional engineer who has gone
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3176 above and beyond in the field of structural engineering. The
3177 department board may not collect a fee for such application or
3178 for recognition by the program.
3179 (5) The department board shall adopt rules to implement
3180 this section.
3181 Section 96. Subsection (4) of section 472.003, Florida
3182 Statutes, is amended to read:
3183 472.003 Persons not affected by ss. 472.001-472.037.—
3184 Sections 472.001-472.037 do not apply to:
3185 (4) Persons employed by county property appraisers, as
3186 defined at s. 192.001(3), and persons employed by the Department
3187 of Revenue, to prepare maps for property appraisal purposes
3188 only, but only to the extent that they perform mapping services
3189 which do not include any surveying activities as described in s.
3190 472.005(3)(a) and (b) s. 472.005(4)(a) and (b).
3191 Section 97. Subsection (1) of section 472.005, Florida
3192 Statutes, is amended to read:
3193 472.005 Definitions.—As used in ss. 472.001-472.037:
3194 (1) "Board" means the Board of Professional Surveyors and
3195 Mappers.
3196 Section 98. Subsections (2) through (9) of section
3197 473.302, Florida Statutes, are renumbered as subsections (1)
3198 through (8), respectively, and subsection (1), paragraph (c) of
3199 present subsection (8), and present subsection (9) of that
3200 section are amended, to read:
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3201 473.302 Definitions.—As used in this chapter, the term:
3202 (1) "Board" means the Board of Accountancy.
3203 (7)(8) "Practice of," "practicing public accountancy," or
3204 "public accounting" means:
3205 (c) Offering to perform or performing for the public one
3206 or more types of service involving the preparation of financial
3207 statements not included within paragraph (a), by a certified
3208 public accountant who holds an active license, issued pursuant
3209 to this chapter, or who is authorized to practice public
3210 accounting pursuant to the practice privileges granted in s.
3211 473.3141; by a firm of certified public accountants; or by a
3212 firm in which a certified public accountant has an ownership
3213 interest, including the performance of such services in the
3214 employ of another person. The department board shall adopt rules
3215 establishing standards of practice for such reports and
3216 financial statements; provided, however, that nothing in this
3217 paragraph shall be construed to permit the department board to
3218 adopt rules that have the result of prohibiting Florida
3219 certified public accountants employed by unlicensed firms from
3220 preparing financial statements as authorized by this paragraph;
3221 or
3222 (8)(9) "Uniform Accountancy Act" means the Uniform
3223 Accountancy Act, Eighth Edition, dated January 2018 and
3224 published by the American Institute of Certified Public
3225 Accountants and the National Association of State Boards of
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3226 Accountancy.
3227
3228 However, these terms may shall not include services provided by
3229 the American Institute of Certified Public Accountants or the
3230 Florida Institute of Certified Public Accountants, or any full
3231 service association of certified public accounting firms whose
3232 plans of administration have been approved by the department
3233 board, to their members or services performed by these entities
3234 in reviewing the services provided to the public by members of
3235 these entities.
3236 Section 99. Section 473.3035, Florida Statutes, is amended
3237 to read:
3238 473.3035 Division of Certified Public Accounting.—
3239 (1) All services concerning this chapter, including, but
3240 not limited to, recordkeeping services, examination services,
3241 legal services, and investigative services, and those services
3242 in chapter 455 necessary to perform the duties of this chapter
3243 shall be provided by the Division of Certified Public
3244 Accounting. The department board may, by majority vote, delegate
3245 a duty or duties to the appropriate division within the
3246 department. The department board may, by majority vote, rescind
3247 any such delegation of duties at any time.
3248 (2) The Division of Certified Public Accounting shall be
3249 funded by fees and assessments of the department board, and
3250 funds collected by the department board shall be used only to
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3251 fund public accounting regulation. Funding for the Division of
3252 Certified Public Accounting shall be governed by ss. 215.37 and
3253 455.219.
3254 Section 100. Section 473.304, Florida Statutes, is amended
3255 to read:
3256 473.304 Rules of department board; powers and duties;
3257 legal services.—
3258 (1) The department board shall adopt rules pursuant to ss.
3259 120.536(1) and 120.54 to implement the provisions of this act.
3260 Every certified public accountant and firm shall be governed and
3261 controlled by this act and the rules adopted by the department
3262 board.
3263 (2) Subject to the prior approval of the Attorney General,
3264 the department board may retain independent legal counsel to
3265 provide legal advice to the department board on a specific
3266 matter.
3267 (3) An attorney employed or used by the department board
3268 may not both prosecute a matter and provide legal services to
3269 the department board with respect to the same matter.
3270 Section 101. Section 473.305, Florida Statutes, is amended
3271 to read:
3272 473.305 Fees.—The department board, by rule, may establish
3273 fees to be paid for applications, examination, reexamination,
3274 licensing and renewal, reinstatement, and recordmaking and
3275 recordkeeping. The fee for the examination shall be established
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3276 at an amount that covers the costs for the procurement or
3277 development, administration, grading, and review of the
3278 examination. The fee for the examination is refundable if the
3279 applicant is found to be ineligible to sit for the examination.
3280 The fee for initial application is nonrefundable, and the
3281 combined fees for application and examination may not exceed
3282 $250 plus the actual per applicant cost to the department for
3283 purchase of the examination from the American Institute of
3284 Certified Public Accountants or a similar national organization.
3285 The biennial renewal fee may not exceed $250. The department
3286 board may also establish, by rule, a reactivation fee, and a
3287 delinquency fee not to exceed $50 for continuing professional
3288 education reporting forms. The department board shall establish
3289 fees which are adequate to ensure the continued operation of the
3290 department board and to fund the proportionate expenses incurred
3291 by the department which are allocated to the regulation of
3292 public accountants. Fees shall be based on department estimates
3293 of the revenue required to implement this chapter and the
3294 provisions of law with respect to the regulation of certified
3295 public accountants.
3296 Section 102. Paragraph (b) of subsection (3) and
3297 subsections (4), (5), and (6) of section 473.306, Florida
3298 Statutes, are amended to read:
3299 473.306 Examinations.—
3300 (3) An applicant is entitled to take the licensure
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3301 examination to practice in this state as a certified public
3302 accountant if:
3303 (b) The applicant shows that she or he has good moral
3304 character. For purposes of this paragraph, the term "good moral
3305 character" has the same meaning as provided in s. 473.308(6)(a)
3306 s. 473.308(7)(a). The department board may refuse to allow an
3307 applicant to take the licensure examination for failure to
3308 satisfy this requirement if:
3309 1. The department board finds a reasonable relationship
3310 between the lack of good moral character of the applicant and
3311 the professional responsibilities of a certified public
3312 accountant; and
3313 2. The finding by the department board of lack of good
3314 moral character is supported by competent substantial evidence.
3315
3316 If an applicant is found pursuant to this paragraph to be
3317 unqualified to take the licensure examination because of a lack
3318 of good moral character, the department board shall furnish to
3319 the applicant a statement containing the findings of the
3320 department board, a complete record of the evidence upon which
3321 the determination was based, and a notice of the rights of the
3322 applicant to a rehearing and appeal.
3323 (4) The department board shall have the authority to
3324 establish the standards for determining and shall determine:
3325 (a) What constitutes a passing grade for each subject or
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3326 part of the licensure examination;
3327 (b) Which educational institutions, in addition to the
3328 universities in the State University System of Florida, shall be
3329 deemed to be accredited colleges or universities;
3330 (c) What courses and number of hours constitute a major in
3331 accounting; and
3332 (d) What courses and number of hours constitute additional
3333 accounting courses acceptable under s. 473.308(4).
3334 (5) The department board may adopt an alternative
3335 licensure examination for persons who have been licensed to
3336 practice public accountancy or its equivalent in a foreign
3337 country so long as the International Qualifications Appraisal
3338 Board of the National Association of State Boards of Accountancy
3339 has ratified an agreement with that country for reciprocal
3340 licensure.
3341 (6) For the purposes of maintaining the proper educational
3342 qualifications for licensure under this chapter, the department
3343 board may appoint an Educational Advisory Committee, which shall
3344 be composed of one member of the department board, two persons
3345 in public practice who are licensed under this chapter, and four
3346 academicians on faculties of universities in this state.
3347 Section 103. Subsections (1), (2), and (3) of section
3348 473.309, Florida Statutes, are amended to read:
3349 473.309 Practice requirements for partnerships,
3350 corporations, and limited liability companies; business entities
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3351 practicing public accounting.—
3352 (1) A partnership may not engage in the practice of public
3353 accounting, as defined in s. 473.302(7)(a) s. 473.302(8)(a), or
3354 meet the requirements of s. 473.3101(1)(b), unless:
3355 (a) It is a form of partnership recognized by Florida law.
3356 (b) Partners owning at least 51 percent of the financial
3357 interest and voting rights of the partnership are certified
3358 public accountants in some state. However, each partner who is a
3359 certified public accountant in another state and is domiciled in
3360 this state must be a certified public accountant of this state
3361 and hold an active license.
3362 (c) At least one general partner is a certified public
3363 accountant of this state and holds an active license or, in the
3364 case of a firm that must have a license pursuant to s.
3365 473.3101(1)(c), at least one general partner is a certified
3366 public accountant in some state and meets the requirements of s.
3367 473.3141(1) s. 473.3141(1)(a) or (b).
3368 (d) All partners who are not certified public accountants
3369 in any state are engaged in the business of the partnership as
3370 their principal occupation.
3371 (e) It is in compliance with rules adopted by the
3372 department board pertaining to minimum capitalization, letters
3373 of credit, and adequate public liability insurance.
3374 (2) A corporation may not engage in the practice of public
3375 accounting, as defined in s. 473.302(7)(a) s. 473.302(8)(a), or
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3376 meet the requirements of s. 473.3101(1)(b), unless:
3377 (a) It is a corporation duly organized in this or some
3378 other state.
3379 (b) Shareholders of the corporation owning at least 51
3380 percent of the financial interest and voting rights of the
3381 corporation are certified public accountants in some state and
3382 are principally engaged in the business of the corporation.
3383 However, each shareholder who is a certified public accountant
3384 in another state and is domiciled in this state must be a
3385 certified public accountant of this state and hold an active
3386 license.
3387 (c) The principal officer of the corporation is a
3388 certified public accountant in some state.
3389 (d) At least one shareholder of the corporation is a
3390 certified public accountant and holds an active license in this
3391 state or, in the case of a firm that must have a license
3392 pursuant to s. 473.3101(1)(c), at least one shareholder is a
3393 certified public accountant in some state and meets the
3394 requirements of s. 473.3141(1) s. 473.3141(1)(a) or (b).
3395 (e) All shareholders who are not certified public
3396 accountants in any state are engaged in the business of the
3397 corporation as their principal occupation.
3398 (f) It is in compliance with rules adopted by the
3399 department board pertaining to minimum capitalization, letters
3400 of credit, and adequate public liability insurance.
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3401 (3) A limited liability company may not engage in the
3402 practice of public accounting, as defined in s. 473.302(7)(a) s.
3403 473.302(8)(a), or meet the requirements of s. 473.3101(1)(b),
3404 unless:
3405 (a) It is a limited liability company duly organized in
3406 this or some other state.
3407 (b) Members of the limited liability company owning at
3408 least 51 percent of the financial interest and voting rights of
3409 the company are certified public accountants in some state.
3410 However, each member who is a certified public accountant in
3411 some state and is domiciled in this state must be a certified
3412 public accountant of this state and hold an active license.
3413 (c) At least one member of the limited liability company
3414 is a certified public accountant and holds an active license in
3415 this state or, in the case of a firm that must have a license
3416 pursuant to s. 473.3101(1)(c), at least one member is a
3417 certified public accountant in some state and meets the
3418 requirements of s. 473.3141(1) s. 473.3141(1)(a) or (b).
3419 (d) All members who are not certified public accountants
3420 in any state are engaged in the business of the company as their
3421 principal occupation.
3422 (e) It is in compliance with rules adopted by the
3423 department board pertaining to minimum capitalization, letters
3424 of credit, and adequate public liability insurance.
3425 (f) It is currently licensed as required by s. 473.3101.
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3426 Section 104. Subsections (1) and (4) of section 473.3101,
3427 Florida Statutes, are amended to read:
3428 473.3101 Licensure of firms or public accounting firms.—
3429 (1) The following must hold a license issued under this
3430 section:
3431 (a) Any firm with an office in this state which performs
3432 services as defined in s. 473.302(7)(a) s. 473.302(8)(a);
3433 (b) Any firm with an office in this state which uses the
3434 title "CPA," "CPA firm," or any other title, designation, words,
3435 letters, abbreviations, or device tending to indicate that it is
3436 a CPA firm. The department board shall define by rule what
3437 constitutes a CPA firm; or
3438 (c)1. Any firm that does not have an office in this state
3439 but performs the services described in s. 473.3141(4) for a
3440 client having its home office in this state, unless it:
3441 a. Complies with the qualifications described in s.
3442 473.309.
3443 b. Is enrolled in a peer review program pursuant to s.
3444 473.3125(4).
3445 c. Performs services through an individual with practice
3446 privileges under s. 473.3141.
3447 d. Lawfully performs services in a state where an
3448 individual with practice privileges granted under s. 473.3141
3449 has his or her principal place of business.
3450 2. The department board shall define by rule what
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3451 constitutes an office.
3452 (4) The department board shall determine whether the firm
3453 or public accounting firm meets the requirements for practice
3454 and, pending that determination, may certify to the department
3455 the firm or public accounting firm for provisional licensure.
3456 Section 105. Subsection (1) of section 473.311, Florida
3457 Statutes, is amended to read:
3458 473.311 Renewal of license.—
3459 (1)(a) The department shall renew a license issued under
3460 s. 473.308 upon receipt of the renewal application and fee and
3461 upon certification by the board that the Florida certified
3462 public accountant has satisfactorily completed the continuing
3463 education requirements of s. 473.312.
3464 (b) A nonresident licensee seeking renewal of a license in
3465 this state shall be determined to have met the continuing
3466 education requirements in s. 473.312, except for the
3467 requirements in s. 473.312(1)(c), if the licensee has complied
3468 with the continuing education requirements applicable in the
3469 state in which his or her office is located. If the state in
3470 which the nonresident licensee's office is located has no
3471 continuing education requirements for license renewals, the
3472 nonresident licensee must comply with the continuing education
3473 requirements in s. 473.312.
3474 Section 106. Paragraph (a) of subsection (1), and
3475 subsections (2), (3), and (4) of section 473.3125, Florida
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3476 Statutes, are amended to read:
3477 473.3125 Peer review.—
3478 (1) As used in this section, the term:
3479 (a) "Licensee" means a licensed firm or public accounting
3480 firm as defined in s. 473.302 s. 473.302(7) and engaged in the
3481 practice of public accounting as defined in s. 473.302(7)(a) s.
3482 473.302(8)(a) that is required to be licensed under s. 473.3101.
3483 (2) The department board shall adopt rules establishing
3484 minimum standards for peer review programs, including, but not
3485 limited to, standards for administering, performing, and
3486 reporting peer reviews. The department board shall also adopt
3487 rules establishing minimum criteria for the department's board's
3488 approval of one or more organizations that facilitate and
3489 administer peer review programs.
3490 (3) For the purposes of maintaining oversight of the
3491 license renewal requirements of s. 473.311(2), the department
3492 board may establish a peer review oversight committee, which
3493 shall be composed of at least three, but no more than five,
3494 members who are licensed under this chapter and whose firms are
3495 subject to s. 473.311(2) and have received a review rating of
3496 "pass" on the most recent peer review.
3497 (4) Effective January 1, 2015, a licensed firm or public
3498 accounting firm as defined in s. 473.302 s. 473.302(7) and
3499 licensed under s. 473.3101 and engaged in the practice of public
3500 accounting as defined in s. 473.302(7)(a) s. 473.302(8)(a),
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3501 except for the performance of compilations and reviews as those
3502 terms are defined by the department board, must be enrolled in a
3503 peer review program.
3504 Section 107. Section 473.313, Florida Statutes, is amended
3505 to read:
3506 473.313 Inactive status; retired status.—
3507 (1) A Florida certified public accountant may request that
3508 her or his license be placed in an inactive status by making
3509 application to the department. The department board may
3510 prescribe by rule fees for placing a license on inactive status,
3511 renewal of inactive status, and reactivation of an inactive
3512 license.
3513 (a) A license that has become inactive under this
3514 subsection or for failure to complete the requirements in s.
3515 473.312 may be reactivated under s. 473.311 upon application to
3516 the department. The board may prescribe by rule continuing
3517 education requirements as a condition of reactivating a license.
3518 The maximum continuing education requirements for reactivating a
3519 license are 120 hours, including at least 30 hours in
3520 accounting-related and auditing-related subjects, not more than
3521 30 hours in behavioral subjects, and a minimum of 8 hours in
3522 ethics subjects approved by the board, for the reactivation of a
3523 license that is inactive or delinquent.
3524 (b) A license that is delinquent for failure to report
3525 completion of the requirements in s. 473.312 may be reactivated
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3526 under s. 473.311 upon application to the department.
3527 Reactivation requires the payment of an application fee as
3528 determined by the board and certification by the Florida
3529 certified public accountant that the applicant satisfactorily
3530 completed the continuing education requirements set forth under
3531 s. 473.311. If the license is delinquent on January 1 because of
3532 failure to report completed continuing education requirements,
3533 the applicant must submit a complete application to the board by
3534 March 15 immediately after the delinquent period.
3535 (a)(c) Any Florida certified public accountant holding an
3536 inactive license may be permitted to reactivate such license in
3537 a conditional manner. The conditions of reactivation shall
3538 require the payment of fees and the completion of required
3539 continuing education.
3540 (b)(d) Notwithstanding the provisions of s. 455.271, the
3541 department board may, at its discretion, reinstate the license
3542 of an individual whose license has become null and void if the
3543 individual has made a good faith effort to comply with this
3544 section but has failed to comply because of illness or unusual
3545 hardship. The individual shall apply to the department board for
3546 reinstatement in a manner prescribed by rules of the department
3547 board and shall pay an application fee in an amount determined
3548 by rule of the department board. The department board shall
3549 require that the individual meet all continuing education
3550 requirements as provided in paragraph (a), pay appropriate
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3551 licensing fees, and otherwise be eligible for renewal of
3552 licensure under this chapter.
3553 (2) A Florida certified public accountant who is at least
3554 65 years of age, currently holds an active or inactive license
3555 in good standing under this chapter, and is not the subject of
3556 any sanction or disciplinary action may request that her or his
3557 license be placed on retired status by making application to the
3558 department. The department board may prescribe by rule the
3559 application for placing a license on retired status, which must
3560 state that the applicant has no association with accounting or
3561 any of the services described in s. 473.302 s. 473.302(8). If a
3562 licensee who has been granted retired status reenters the
3563 workforce in a position that has an association with accounting
3564 or any of the services described in s. 473.302 s. 473.302(8),
3565 the licensee automatically loses her or his retired status.
3566 (a) A retired licensee may, without losing her or his
3567 retired status, serve without compensation on a board of
3568 directors or board of trustees, provide volunteer tax
3569 preparation services, participate in a government-sponsored
3570 business mentoring program such as the Internal Revenue
3571 Service's Volunteer Income Tax Assistance program or the Small
3572 Business Administration's SCORE program, or participate in an
3573 advisory role for a similar charitable, civic, or other non-
3574 profit organization.
3575 (b) The department board shall require a retired licensee
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3576 to affirm in writing her or his understanding of the limited
3577 types of activities in which she or he may engage while in
3578 retired status and that she or he has a professional duty to
3579 ensure that she or he holds the professional competencies
3580 necessary to participate in such activities.
3581 (c) A retired licensee may accept routine reimbursement
3582 for actual costs of travel and meals associated with volunteer
3583 services or de minimis per diem amounts paid to the licensee to
3584 cover such expenses as allowed by law.
3585 (d) A retired licensee may use the title of "retired CPA"
3586 on any business card or letterhead or any other printed or
3587 electronic document. However, such title must not be applied in
3588 such a manner that could confuse the public as to the current
3589 status of the licensee. The licensee is not required to have a
3590 certificate issued with the word "retired" on the certificate.
3591 (e) A retired licensee is not required to maintain the
3592 continuing education requirements under s. 473.312.
3593 (e)(f) A retired licensee may not offer or render
3594 professional services that require her or his signature and the
3595 use of the CPA title, regardless of whether "retired" is
3596 attached to such title.
3597 (f)(g) A retired licensee may be permitted to reactivate
3598 her or his license in a conditional manner as determined by the
3599 department board. The conditions of reactivation must require
3600 the payment of fees and the completion of required continuing
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3601 education. The department board may prescribe by rule an
3602 application for reactivating a license placed on retired status
3603 and continuing education requirements as a condition of
3604 reactivating a license placed on retired status. The minimum
3605 continuing education requirements for reactivating a license
3606 placed on retired status are those of the most recent biennium
3607 plus one-half of the requirements in s. 473.312 for each
3608 biennium or part thereof during which the license was on retired
3609 status.
3610
3611 For the purposes of this subsection, the term "retired licensee"
3612 means a licensee whose license has been placed in retired status
3613 by the department.
3614 Section 108. Subsections (1), (2), and (4) of section
3615 473.314, Florida Statutes, are amended to read:
3616 473.314 Temporary license.—
3617 (1) The department board shall adopt rules providing for
3618 the issuance of temporary licenses to certified public
3619 accountants or firms of other states who do not meet the
3620 requirements of s. 473.3141, for the purpose of enabling them or
3621 their employees to perform specific engagements involving the
3622 practice of public accountancy in this state. No temporary
3623 license shall be valid for more than 90 days after its issuance,
3624 and no license shall cover more than one engagement. After the
3625 expiration of 90 days, a new license shall be required.
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3626 (2) Each application for a temporary license shall state
3627 the names of all persons who are to enter this state and shall
3628 be accompanied by a fee in an amount established by the
3629 department board not to exceed $400.
3630 (4) Upon certification of the applicant by the department
3631 board, the department shall issue a temporary license to the
3632 applicant.
3633 Section 109. Subsections (3) and (4) of section 473.315,
3634 Florida Statutes, are amended to read:
3635 473.315 Independence, technical standards.—
3636 (3) The department board shall adopt rules establishing
3637 the standards of practice of public accounting, including, but
3638 not limited to, independence, competence, and technical
3639 standards.
3640 (4) Attorneys who are admitted to practice law by the
3641 Supreme Court of Florida are exempt from the standards of
3642 practice of public accounting as defined in s. 473.302(7)(b) and
3643 (c) s. 473.302(8)(b) and (c) when such standards conflict with
3644 the rules of The Florida Bar or orders of the Florida Supreme
3645 Court.
3646 Section 110. Subsections (5) and (6) of section 473.316,
3647 Florida Statutes, are amended to read:
3648 473.316 Communications between the accountant and client
3649 privileged.—
3650 (5) Communications are not privileged from disclosure in
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3651 any disciplinary investigation or proceeding conducted pursuant
3652 to this act by the department or before the department board or
3653 in any judicial review of such a proceeding. In any such
3654 proceeding, a certified public accountant or public accountant,
3655 without the consent of her or his client, may testify with
3656 respect to any communication between the accountant and the
3657 accountant's client or be compelled, pursuant to a subpoena of
3658 the department or the board, to testify or produce records,
3659 books, or papers. Such a communication disclosed to the
3660 department board and records of the department board relating to
3661 the communication shall for all other purposes and proceedings
3662 be a privileged communication in all of the courts of this
3663 state.
3664 (6) The proceedings, records, and workpapers of a review
3665 committee are privileged and are not subject to discovery,
3666 subpoena, or other means of legal process or to introduction
3667 into evidence in a civil action or arbitration, administrative
3668 proceeding, or state accountancy board proceeding. A member of a
3669 review committee or person who was involved in a quality review
3670 may not testify in a civil action or arbitration, administrative
3671 proceeding, or state accountancy board proceeding as to any
3672 matter produced or disclosed during the quality review or as to
3673 any findings, recommendations, evaluations, opinions, or other
3674 actions of the review committee or any members thereof. Public
3675 records and materials prepared for a particular engagement are
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3676 not privileged merely because they were presented during the
3677 quality review. This privilege does not apply to disputes
3678 between a review committee and a person subject to a quality
3679 review.
3680 Section 111. Section 473.319, Florida Statutes, is amended
3681 to read:
3682 473.319 Contingent fees.—Public accounting services as
3683 defined in s. 473.302(7)(a) and (c) s. 473.302(8)(a) and (c),
3684 and those that include tax filings with federal, state, or local
3685 government, may shall not be offered or rendered for a fee
3686 contingent upon the findings or results of such service. This
3687 section does not apply to services involving federal, state, or
3688 other taxes in which the findings are those of the tax
3689 authorities and not those of the certified public accountant or
3690 firm. Fees to be fixed by courts or other public authorities,
3691 which are of an indeterminate amount at the time a public
3692 accounting service is undertaken, may shall not be regarded as
3693 contingent fees for purposes of this section.
3694 Section 112. Section 473.3205, Florida Statutes, is
3695 amended to read:
3696 473.3205 Commissions or referral fees.—A certified public
3697 accountant or firm may not accept or pay a commission or
3698 referral fee in connection with the sale or referral of public
3699 accounting services as defined in s. 473.302(7)(a) and (c) s.
3700 473.302(8)(a) and (c). Any certified public accountant or firm
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3701 that is engaged in the practice of public accounting and that
3702 accepts a commission for the sale of a product or service to a
3703 client must disclose that fact to the client in writing in
3704 accordance with rules adopted by the department board. However,
3705 this section may shall not prohibit:
3706 (1) Payments for the purchase of an accounting practice;
3707 (2) Retirement payments to individuals formerly engaged in
3708 the practice of public accounting or payments to their heirs or
3709 estates; or
3710 (3) Payment of fees to a referring certified public
3711 accountant or firm for public accounting services to the
3712 successor certified public accountant or firm or the client in
3713 connection with an engagement.
3714 Section 113. Subsection (3) of section 473.321, Florida
3715 Statutes, is amended to read:
3716 473.321 Fictitious names.—
3717 (3) The department board shall adopt rules for
3718 interpretation of this section.
3719 Section 114. Paragraphs (c) and (e) of subsection (1) of
3720 section 473.322, Florida Statutes, are amended to read:
3721 473.322 Prohibitions; penalties.—
3722 (1) A person may not knowingly:
3723 (c) Perform or offer to perform any services described in
3724 s. 473.302(7)(a) or (d) s. 473.302(8)(a) or (d) unless such
3725 person holds an active license under this chapter and is a
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3726 licensed firm, provides such services through a licensed firm,
3727 or complies with ss. 473.3101 and 473.3141. This paragraph does
3728 not prohibit the performance by persons other than certified
3729 public accountants of other services involving the use of
3730 accounting skills, including the preparation of tax returns and
3731 the preparation of financial statements without expression of
3732 opinion thereon;
3733 (e) Give false or forged evidence to the department board
3734 or a member thereof;
3735 Section 115. Paragraph (m) of subsection (1) and
3736 subsections (2), (3), and (4) of section 473.323, Florida
3737 Statutes, are amended to read:
3738 473.323 Disciplinary proceedings.—
3739 (1) The following acts constitute grounds for which the
3740 disciplinary actions in subsection (3) may be taken:
3741 (m) Failing to provide any written disclosure to a client
3742 or the public which is required by this chapter or rule of the
3743 department board.
3744 (2) The department board shall specify, by rule, what acts
3745 or omissions constitute a violation of subsection (1).
3746 (3) When the department board finds any certified public
3747 accountant or firm guilty of any of the grounds set forth in
3748 subsection (1), it may enter an order imposing one or more of
3749 the following penalties:
3750 (a) Denial of an application for licensure.
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3751 (b) Revocation or suspension of the certified public
3752 accountant or firm's license or practice privileges in this
3753 state.
3754 (c) Imposition of an administrative fine not to exceed
3755 $5,000 for each count or separate offense.
3756 (d) Issuance of a reprimand.
3757 (e) Placement of the certified public accountant on
3758 probation for a period of time and subject to such conditions as
3759 the department board may specify, including requiring the
3760 certified public accountant to attend continuing education
3761 courses or to work under the supervision of another licensee.
3762 (f) Restriction of the authorized scope of practice by the
3763 certified public accountant.
3764 (4) The department shall reissue the license of a
3765 disciplined licensee upon certification by the department board
3766 that the disciplined licensee has complied with all of the terms
3767 and conditions set forth in the final order.
3768 Section 116. Subsections (2) of section 474.202, Florida
3769 Statutes, is amended to read:
3770 474.202 Definitions.—As used in this chapter:
3771 (2) "Board" means the Board of Veterinary Medicine.
3772 Section 117. Subsection (3) and paragraph (e) of
3773 subsection (4) of section 474.2021, Florida Statutes, are
3774 amended to read:
3775 474.2021 Veterinary telehealth.—
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3776 (3) The department board has jurisdiction over a
3777 veterinarian practicing veterinary telehealth, regardless of
3778 where the veterinarian's physical office is located. The
3779 practice of veterinary medicine is deemed to occur when the
3780 veterinarian, the patient, or both are located within this state
3781 at the time the veterinarian practices veterinary telehealth.
3782 (4) A veterinarian practicing veterinary telehealth:
3783 (e) Shall prescribe all drugs and medications in
3784 accordance with all federal and state laws and the following
3785 requirements:
3786 1. A veterinarian practicing veterinary telehealth may
3787 order, prescribe, or make available medicinal drugs or drugs
3788 specifically approved for use in animals by the United States
3789 Food and Drug Administration, the use of which conforms to the
3790 approved labeling. Prescriptions based solely on a telehealth
3791 evaluation may be issued for up to 1 year month for products
3792 labeled solely for flea and tick control and up to 14 days of
3793 treatment for other animal drugs. Prescriptions based solely on
3794 a telehealth evaluation may not be renewed without an in-person
3795 examination.
3796 2. A veterinarian practicing veterinary telehealth may not
3797 order, prescribe, or make available medicinal drugs or drugs as
3798 defined in s. 465.003 approved by the United States Food and
3799 Drug Administration for human use or compounded antibacterial,
3800 antifungal, antiviral, or antiparasitic medications, unless the
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3801 veterinarian has conducted an in-person physical examination of
3802 the animal or made medically appropriate and timely visits to
3803 the premises where the animal is kept.
3804 3. A veterinarian may not use veterinary telehealth to
3805 prescribe a controlled substance as defined in chapter 893
3806 unless the veterinarian has conducted an in-person physical
3807 examination of the animal or made medically appropriate and
3808 timely visits within the past year to the premises where the
3809 animal is kept.
3810 4. A veterinarian practicing veterinary telehealth may not
3811 prescribe a drug or other medication for use on a horse engaged
3812 in racing or training at a facility under the jurisdiction of
3813 the Florida Gaming Control Commission or on a horse that is a
3814 covered horse as defined in the federal Horseracing Integrity
3815 and Safety Act, 15 U.S.C. ss. 3051 et seq.;
3816 Section 118. Section 474.2065, Florida Statutes, is
3817 amended to read:
3818 474.2065 Fees.—The department board, by rule, shall
3819 establish fees for application and examination, reexamination,
3820 license renewal, inactive status, renewal of inactive status,
3821 license reactivation, periodic inspection of veterinary
3822 establishments, and duplicate copies of licenses, certificates,
3823 and permits. The fee for the initial application and examination
3824 may not exceed $650 plus the actual per applicant cost to the
3825 department for purchase of portions of the examination from the
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3826 Professional Examination Service for the American Veterinary
3827 Medical Association or a similar national organization. The fee
3828 for licensure by endorsement may not exceed $500. The fee for
3829 temporary licensure may not exceed $200. The department board
3830 shall establish fees that are adequate to ensure its continued
3831 operation and to fund the proportionate expenses incurred by the
3832 department which are allocated to the regulation of
3833 veterinarians. Fees shall be based on departmental estimates of
3834 the revenue required to administer this chapter and the
3835 provisions relating to the regulation of veterinarians.
3836 Section 119. Subsections (1) through (4) of section
3837 474.207, Florida Statutes, are amended to read:
3838 474.207 Licensure by examination.—
3839 (1) Any person desiring to be licensed as a veterinarian
3840 shall apply to the department to take a licensure examination.
3841 The department board may by rule adopt use of a national
3842 examination in lieu of part or all of the examination required
3843 by this section, with a reasonable passing score to be set by
3844 rule of the department board.
3845 (2) The department shall license each applicant who the
3846 board certifies has:
3847 (a) Completed the application form and remitted an
3848 examination fee set by the department board.
3849 (b)1. Graduated from a college of veterinary medicine
3850 accredited by the American Veterinary Medical Association
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3851 Council on Education; or
3852 2. Graduated from a college of veterinary medicine listed
3853 in the American Veterinary Medical Association Roster of
3854 Veterinary Colleges of the World and obtained a certificate from
3855 the Education Commission for Foreign Veterinary Graduates or the
3856 Program for the Assessment of Veterinary Education Equivalence.
3857 (c) Successfully completed the examination provided by the
3858 department for this purpose, or an examination determined by the
3859 department board to be equivalent.
3860 (d) Demonstrated knowledge of the laws and rules governing
3861 the practice of veterinary medicine in Florida in a manner
3862 designated by rules of the department board.
3863
3864 The department may shall not issue a license to any applicant
3865 who is under investigation in any state or territory of the
3866 United States or in the District of Columbia for an act which
3867 would constitute a violation of this chapter until the
3868 investigation is complete and disciplinary proceedings have been
3869 terminated, at which time the provisions of s. 474.214 shall
3870 apply.
3871 (3) Notwithstanding the provisions of paragraph (2)(b), an
3872 applicant shall be deemed to have met the education requirements
3873 for licensure upon submission of evidence that the applicant
3874 meets one of the following:
3875 (a) The applicant was certified for examination by the
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3876 board prior to October 1, 1989; or
3877 (b) The applicant immigrated to the United States after
3878 leaving her or his home country because of political reasons,
3879 provided such country is located in the Western Hemisphere and
3880 lacks diplomatic relations with the United States; and
3881 1. Was a Florida resident immediately preceding her or his
3882 application for licensure;
3883 2. Demonstrates to the department board, through
3884 submission of documentation verified by the applicant's
3885 respective professional association in exile, that she or he
3886 received a professional degree in veterinary medicine from a
3887 college or university located in the country from which she or
3888 he emigrated. However, the department board may not require
3889 receipt transcripts from the Republic of Cuba as a condition of
3890 eligibility under this section; and
3891 3. Lawfully practiced her or his profession for at least 3
3892 years.
3893 (4) Applicants certified for examination or reexamination
3894 under subsection (3) who fail the examination three times
3895 subsequent to October 1, 1989, shall be required to demonstrate
3896 to the department board that they meet the requirements of
3897 paragraph (2)(b) before prior to any further reexamination or
3898 certification for licensure.
3899 Section 120. Section 474.211, Florida Statutes, is amended
3900 to read:
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3901 474.211 Renewal of license.—
3902 (1) The department shall renew a license upon receipt of
3903 the renewal application and fee and an affidavit of compliance
3904 with continuing education requirements set by rule of the board.
3905 (2) The department shall adopt rules establishing a
3906 procedure for the biennial renewal of licenses.
3907 (3) The board may by rule prescribe continuing education,
3908 not to exceed 30 hours biennially, as a condition for renewal of
3909 a license or certificate. The criteria for such programs,
3910 providers, and courses shall be approved by the board.
3911 Section 121. Subsections (1), (2), and (3) of section
3912 474.2125, Florida Statutes, are amended to read:
3913 474.2125 Temporary license.—
3914 (1) The department board shall adopt rules providing for
3915 the issuance of a temporary license to a licensed veterinarian
3916 of another state for the purpose of enabling her or him to
3917 provide veterinary medical services in this state for the
3918 animals of a specific owner or, as may be needed in an emergency
3919 as defined in s. 252.34(4), for the animals of multiple owners,
3920 provided the applicant would qualify for licensure by
3921 endorsement under s. 474.217. No temporary license shall be
3922 valid for more than 30 days after its issuance, and no license
3923 shall cover more than the treatment of the animals of one owner
3924 except in an emergency as defined in s. 252.34(4). After the
3925 expiration of 30 days, a new license is required.
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3926 (2) Each application for a temporary license shall state
3927 the names of all persons who are to enter this state and shall
3928 be accompanied by a fee in an amount established by the
3929 department board.
3930 (3) Upon certification of the applicant by the department
3931 board, the department shall issue a temporary license to the
3932 applicant.
3933 Section 122. Paragraph (d) of subsection (1) of section
3934 474.213, Florida Statutes, is amended to read:
3935 474.213 Prohibitions; penalties.—
3936 (1) No person shall:
3937 (d) Give false or forged evidence to the department board
3938 or a member thereof for the purpose of obtaining a license;
3939 Section 123. Paragraphs (a), (f), (h), (j), (v), (aa),
3940 (ee), (jj), and (nn) of subsection (1) and subsections (2) and
3941 (3) of section 474.214, Florida Statutes, are amended to read:
3942 474.214 Disciplinary proceedings.—
3943 (1) The following acts shall constitute grounds for which
3944 the disciplinary actions in subsection (2) may be taken:
3945 (a) Attempting to procure a license to practice veterinary
3946 medicine by bribery, by fraudulent representations, or through
3947 an error of the department or the board.
3948 (f) Violating any provision of this chapter or chapter
3949 455, a rule of the board or department, or a lawful order of the
3950 board or department previously entered in a disciplinary
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3951 hearing, or failing to comply with a lawfully issued subpoena of
3952 the department.
3953 (h) Being unable to practice veterinary medicine with
3954 reasonable skill or safety to patients by reason of illness,
3955 drunkenness, use of drugs, narcotics, chemicals, or any other
3956 material or substance or as a result of any mental or physical
3957 condition. In enforcing this paragraph, upon a finding by the
3958 secretary, the secretary's designee, or the probable cause panel
3959 of the department board that probable cause exists to believe
3960 that the licensee is unable to practice the profession because
3961 of the reasons stated in this paragraph, the department shall
3962 have the authority to compel a licensee to submit to a mental or
3963 physical examination by a physician designated by the
3964 department. If the licensee refuses to comply with the
3965 department's order, the department may file a petition for
3966 enforcement in the circuit court of the circuit in which the
3967 licensee resides or does business. The licensee may shall not be
3968 named or identified by initials in any other public court
3969 records or documents and the enforcement proceedings shall be
3970 closed to the public. The department shall be entitled to the
3971 summary procedure provided in s. 51.011. A licensee affected
3972 under this paragraph shall be afforded an opportunity at
3973 reasonable intervals to demonstrate that she or he can resume
3974 the competent practice for which she or he is licensed with
3975 reasonable skill and safety to patients. Neither the record of
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3976 proceedings nor the orders entered by the department board in
3977 any proceedings under this paragraph shall be used against a
3978 licensee in any other proceedings.
3979 (j) Knowingly maintaining a professional connection or
3980 association with any person who is in violation of the
3981 provisions of this chapter or the rules of the board or
3982 department. However, if the licensee verifies that the person is
3983 actively participating in a department-approved board-approved
3984 program for the treatment of a physical or mental condition, the
3985 licensee is required only to report such person to the
3986 consultant.
3987 (v) Failing to keep the equipment and premises of the
3988 business establishment in a clean and sanitary condition, having
3989 a premises permit suspended or revoked pursuant to s. 474.215,
3990 or operating or managing premises that do not comply with
3991 requirements established by rule of the department board.
3992 (aa) Failing to report to the department any person the
3993 licensee knows to be in violation of this chapter or of the
3994 rules of the department or board. However, if the licensee
3995 verifies that the person is actively participating in a
3996 department-approved board-approved program for the treatment of
3997 a physical or mental condition, the licensee is required only to
3998 report such person to the consultant.
3999 (ee) Failing to keep contemporaneously written medical
4000 records as required by rule of the department board.
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4001 (jj) Failing to report to the department board within 30
4002 days, in writing, any action set forth in paragraph (b) that has
4003 been taken against the practitioner's license to practice
4004 veterinary medicine by any jurisdiction, including any agency or
4005 subdivision thereof.
4006 (nn) Failing to report a change of address to the
4007 department board within 60 days thereof.
4008 (2) When the department board finds any applicant or
4009 veterinarian guilty of any of the grounds set forth in
4010 subsection (1), regardless of whether the violation occurred
4011 before prior to licensure, it may enter an order imposing one or
4012 more of the following penalties:
4013 (a) Denial of certification for examination or licensure.
4014 (b) Revocation or suspension of a license.
4015 (c) Imposition of an administrative fine not to exceed
4016 $5,000 for each count or separate offense.
4017 (d) Issuance of a reprimand.
4018 (e) Placement of the veterinarian on probation for a
4019 period of time and subject to such conditions as the department
4020 board may specify, including requiring the veterinarian to
4021 attend continuing education courses or to work under the
4022 supervision of another veterinarian.
4023 (f) Restricting the authorized scope of practice.
4024 (g) Imposition of costs of the investigation and
4025 prosecution.
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4026 (h) Requiring the veterinarian to undergo remedial
4027 education.
4028
4029 In determining appropriate action, the department board must
4030 first consider those sanctions necessary to protect the public.
4031 Only after those sanctions have been imposed may the
4032 disciplining authority consider and include in its order
4033 requirements designed to rehabilitate the veterinarian. All
4034 costs associated with compliance with any order issued under
4035 this subsection are the obligation of the veterinarian.
4036 (3) The department shall reissue the license of a
4037 disciplined veterinarian upon certification by the department
4038 board that the disciplined veterinarian has complied with all of
4039 the terms and conditions set forth in the final order and is
4040 capable of competently and safely engaging in the practice of
4041 veterinary medicine.
4042 Section 124. Subsections (1), (5), (7), (8), and (9) of
4043 section 474.215, Florida Statutes, are amended to read:
4044 474.215 Premises permits.—
4045 (1) Any establishment, permanent or mobile, where a
4046 licensed veterinarian practices must have a premises permit
4047 issued by the department. Upon application and payment of a fee
4048 not to exceed $250, as set by rule of the board, the department
4049 shall cause such establishment to be inspected. A premises
4050 permit shall be issued if the establishment meets minimum
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4051 standards, to be adopted by rule of the department board, as to
4052 sanitary conditions, recordkeeping, equipment, radiation
4053 monitoring, services required, and physical plant.
4054 (5) The department may issue a temporary premises permit
4055 to a responsible veterinarian who has submitted the application
4056 fee and a completed application form affirming compliance with
4057 the standards set by rule of the department board. If the
4058 department inspects the establishment and discovers that it is
4059 not in compliance with the department's standards, the
4060 department shall notify the veterinarian in writing of the
4061 deficiencies and shall provide 30 days for correction of the
4062 deficiencies and reinspection. Such temporary permit shall
4063 become void upon notification by the department that the
4064 establishment has failed, after reinspection, to meet those
4065 standards. Upon receipt of such notice, the responsible
4066 veterinarian shall close the establishment until completion of a
4067 subsequent inspection affirming that the required standards have
4068 been met and until another permit has been issued by the
4069 department.
4070 (7) The department board by rule shall establish minimum
4071 standards for the operation of limited service veterinary
4072 medical practices. Such rules may shall not restrict limited
4073 service veterinary medical practices and shall be consistent
4074 with the type of limited veterinary medical service provided.
4075 (a) Any person that offers or provides limited service
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4076 veterinary medical practice shall obtain a biennial permit from
4077 the department board the cost of which may shall not exceed
4078 $250. The limited service permittee shall register each location
4079 where a limited service clinic is held and shall pay a fee set
4080 by rule not to exceed $25 to register each such location.
4081 (b) All permits issued under this subsection are subject
4082 to the provisions of ss. 474.213 and 474.214.
4083 (c) Notwithstanding any provision of this subsection to
4084 the contrary, any temporary rabies vaccination effort operated
4085 by a county health department in response to a public health
4086 threat, as declared by the State Health Officer in consultation
4087 with the State Veterinarian, is not subject to any
4088 preregistration, time limitation, or fee requirements, but must
4089 adhere to all other requirements for limited service veterinary
4090 medical practice as prescribed by rule. The fee charged to the
4091 public for a rabies vaccination administered during such
4092 temporary rabies vaccination effort may not exceed the actual
4093 cost of administering the rabies vaccine. Such rabies
4094 vaccination efforts may not be used for any purpose other than
4095 to address the public health consequences of the rabies
4096 outbreak. The department board shall be immediately notified in
4097 writing of any temporary rabies vaccination effort operated
4098 under this paragraph.
4099 (8) Any person who is not a veterinarian licensed under
4100 this chapter but who desires to own and operate a veterinary
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4101 medical establishment or limited service clinic shall apply to
4102 the department board for a premises permit. If the department
4103 board certifies that the applicant complies with the applicable
4104 laws and rules of the department board, the department shall
4105 issue a premises permit. No permit shall be issued unless a
4106 licensed veterinarian is designated to undertake the
4107 professional supervision of the veterinary medical practice and
4108 the minimum standards set by rule of the department board for
4109 premises where veterinary medicine is practiced. Upon
4110 application, the department shall submit the permittee's name
4111 for a statewide criminal records correspondence check through
4112 the Department of Law Enforcement. The permittee shall notify
4113 the department board within 10 days after any designation of a
4114 new licensed veterinarian responsible for such duties. A
4115 permittee under this subsection is subject to the provisions of
4116 subsection (9) and s. 474.214.
4117 (9)(a) The department or the board may deny, revoke, or
4118 suspend the permit of any permittee under this section and may
4119 fine, place on probation, or otherwise discipline any such
4120 permittee who has:
4121 1. Obtained a permit by misrepresentation or fraud or
4122 through an error of the department or board;
4123 2. Attempted to procure, or has procured, a permit for any
4124 other person by making, or causing to be made, any false
4125 representation;
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4126 3. Violated any of the requirements of this chapter or any
4127 rule of the department board; or
4128 4. Been convicted or found guilty of, or entered a plea of
4129 nolo contendere to, regardless of adjudication, a felony in any
4130 court of this state, of any other state, or of the United
4131 States.
4132 (b) If the permit is revoked or suspended, the owner,
4133 manager, or proprietor shall cease to operate the premises as a
4134 veterinary medical practice as of the effective date of the
4135 suspension or revocation. In the event of such revocation or
4136 suspension, the owner, manager, or proprietor shall remove from
4137 the premises all signs and symbols identifying the premises as a
4138 veterinary medical practice. The period of any such suspension
4139 shall be prescribed by rule of the department board, but may not
4140 exceed 1 year. If the permit is revoked, the person owning or
4141 operating the establishment may not apply for a permit to
4142 operate a premises for a period of 1 year after the effective
4143 date of such revocation. Upon the effective date of such
4144 revocation, the permittee must advise the department board of
4145 the disposition of all medicinal drugs and must provide for
4146 ensuring the security, confidentiality, and availability to
4147 clients of all patient medical records.
4148 Section 125. Section 474.216, Florida Statutes, is amended
4149 to read:
4150 474.216 License and premises permit to be displayed.—Each
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4151 person to whom a license or premises permit is issued shall keep
4152 such document conspicuously displayed in her or his office,
4153 place of business, or place of employment, whether a permanent
4154 or mobile veterinary establishment or clinic, and shall,
4155 whenever required, exhibit said document to any member or
4156 authorized representative of the department board.
4157 Section 126. Subsections (6), (8), (10), and (11) of
4158 section 474.2165, Florida Statutes, are amended to read:
4159 474.2165 Ownership and control of veterinary medical
4160 patient records; report or copies of records to be furnished.—
4161 (6) The department may obtain patient records pursuant to
4162 a subpoena without written authorization from the client if the
4163 department and the probable cause panel of the board find
4164 reasonable cause to believe that a veterinarian has excessively
4165 or inappropriately prescribed any controlled substance specified
4166 in chapter 893 in violation of this chapter or that a
4167 veterinarian has practiced his or her profession below that
4168 level of care, skill, and treatment required as defined by this
4169 chapter.
4170 (8) Notwithstanding the provisions of s. 455.242, records
4171 owners shall notify the department board office when they are
4172 terminating practice, retiring, or relocating and are no longer
4173 available to patients, specifying who the new records owner is
4174 and where the medical records can be found.
4175 (10) Veterinarians in violation of the provisions of this
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4176 section shall be disciplined by the department board.
4177 (11) A records owner furnishing copies of reports or
4178 records pursuant to this section shall charge no more than the
4179 actual cost of copying, including reasonable staff time, or the
4180 amount specified in administrative rule by the department board.
4181 Section 127. Subsection (1) of section 474.217, Florida
4182 Statutes, is amended to read:
4183 474.217 Licensure by endorsement.—
4184 (1) The department shall issue a license by endorsement to
4185 any applicant who, upon applying to the department and remitting
4186 a fee set by the department board, demonstrates to the
4187 department board that she or he:
4188 (a) Has demonstrated, in a manner designated by rule of
4189 the department board, knowledge of the laws and rules governing
4190 the practice of veterinary medicine in this state; and
4191 (b)1. Holds, and has held for the 3 years immediately
4192 preceding the application for licensure, a valid, active license
4193 to practice veterinary medicine in another state of the United
4194 States, the District of Columbia, or a territory of the United
4195 States, provided that the applicant has successfully completed a
4196 state, regional, national, or other examination that is
4197 equivalent to or more stringent than the examination required by
4198 the department board; or
4199 2. Meets the qualifications of s. 474.207(2)(b) and has
4200 successfully completed a state, regional, national, or other
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4201 examination which is equivalent to or more stringent than the
4202 examination given by the department and has passed the board's
4203 clinical competency examination or another clinical competency
4204 examination specified by rule of the department board.
4205 Section 128. Section 474.221, Florida Statutes, is amended
4206 to read:
4207 474.221 Impaired practitioner provisions; applicability.—
4208 Notwithstanding the transfer of the Division of Medical Quality
4209 Assurance to the Department of Health or any other provision of
4210 law to the contrary, veterinarians licensed under this chapter
4211 shall be governed by the impaired practitioner program
4212 provisions of s. 456.076 as if they were under the jurisdiction
4213 of the Division of Medical Quality Assurance, except that for
4214 veterinarians the Department of Business and Professional
4215 Regulation shall, at its option, exercise any of the powers
4216 granted to the Department of Health by that section, and "board"
4217 shall mean board as defined in this chapter.
4218 Section 129. Subsection (4) of section 476.034, Florida
4219 Statutes, is amended to read:
4220 476.034 Definitions.—As used in this act:
4221 (4) "Board" means the Barbers' Board.
4222 Section 130. Subsection (2) of section 476.074, Florida
4223 Statutes, is amended to read:
4224 476.074 Legal, investigative, and inspection services.—
4225 (2) The department shall provide all investigative
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4226 services required by the board or the department in carrying out
4227 the provisions of this act.
4228 Section 131. Paragraph (c) of subsection (2) and
4229 subsection (3) of section 476.114, Florida Statutes, are amended
4230 to read:
4231 476.114 Examination; prerequisites.—
4232 (2) An applicant is eligible for licensure by examination
4233 to practice barbering if the applicant:
4234 (c) Has received a minimum of 900 hours of training in
4235 sanitation, safety, and laws and rules, as established by the
4236 department board, which must include, but is not limited to, the
4237 equivalent of completion of services directly related to the
4238 practice of barbering at one of the following:
4239 1. A school of barbering licensed pursuant to chapter
4240 1005;
4241 2. A barbering program within the public school system; or
4242 3. A government-operated barbering program in this state.
4243
4244 The department board shall establish by rule procedures whereby
4245 the school or program may certify that a person is qualified to
4246 take the required examination after the completion of a minimum
4247 of 600 actual school hours. If the person passes the
4248 examination, she or he has satisfied this requirement; but if
4249 the person fails the examination, she or he may not be qualified
4250 to take the examination again until the completion of the full
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4251 requirements provided by this section.
4252 (3) An applicant who meets the requirements set forth in
4253 paragraph (2)(c) who fails to pass the examination may take
4254 subsequent examinations as many times as necessary to pass,
4255 except that the department board may specify by rule reasonable
4256 timeframes for rescheduling the examination and additional
4257 training requirements for applicants who, after the third
4258 attempt, fail to pass the examination. Before Prior to
4259 reexamination, the applicant must file the appropriate form and
4260 pay the reexamination fee as required by rule.
4261 Section 132. Subsections (1) and (2) of section 476.134,
4262 Florida Statutes, are amended to read:
4263 476.134 Examinations.—
4264 (1) Examinations of applicants for licenses as barbers
4265 shall be offered not less than four times each year. The
4266 examination of applicants for licenses as barbers shall include
4267 a written test. The department may board shall have the
4268 authority to adopt rules with respect to the examination of
4269 applicants for licensure. The department board may provide rules
4270 with respect to written examinations in such manner as the
4271 department board may deem fit.
4272 (2) The department board shall adopt rules specifying the
4273 areas of competency to be covered by the examination. Such rules
4274 shall include the relative weight assigned in grading each area.
4275 All areas tested shall be reasonably related to the protection
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4276 of the public and the applicant's competency to practice
4277 barbering in a manner which will not endanger the public.
4278 Section 133. Subsections (1), (2), (5), and (6) of section
4279 476.144, Florida Statutes, are amended to read:
4280 476.144 Licensure.—
4281 (1) The department shall license any applicant who the
4282 department board certifies is qualified to practice barbering in
4283 this state.
4284 (2) The department board shall certify for licensure any
4285 applicant who satisfies the requirements of s. 476.114, and who
4286 passes the required examination, achieving a passing grade as
4287 established by department board rule.
4288 (5) The department board shall certify as qualified for
4289 licensure by endorsement as a barber in this state an applicant
4290 who holds a current active license to practice barbering in
4291 another state. The department board shall adopt rules specifying
4292 procedures for the licensure by endorsement of practitioners
4293 desiring to be licensed in this state who hold a current active
4294 license in another country and who have met qualifications
4295 substantially similar to, equivalent to, or greater than the
4296 qualifications required of applicants from this state.
4297 (6) A person may apply for a restricted license to
4298 practice barbering. The department board shall adopt rules
4299 specifying procedures for an applicant to obtain a restricted
4300 license if the applicant:
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4301 (a)1. Has successfully completed a restricted barber
4302 course, as established by rule of the department board, at a
4303 school of barbering licensed pursuant to chapter 1005, a
4304 barbering program within the public school system, or a
4305 government-operated barbering program in this state; or
4306 2.a. Holds or has within the previous 5 years held an
4307 active valid license to practice barbering in another state or
4308 country or has held a Florida barbering license which has been
4309 declared null and void for failure to renew the license, and the
4310 applicant fulfilled the requirements of s. 476.114(2)(c) for
4311 initial licensure; and
4312 b. Has not been disciplined relating to the practice of
4313 barbering in the previous 5 years; and
4314 (b) Passes a written examination on the laws and rules
4315 governing the practice of barbering in Florida, as established
4316 by the department board.
4317
4318 The restricted license shall limit the licensee's practice to
4319 those specific areas in which the applicant has demonstrated
4320 competence pursuant to rules adopted by the department board.
4321 Section 134. Subsection (2) of section 476.154, Florida
4322 Statutes, is amended to read:
4323 476.154 Biennial renewal of licenses.—
4324 (2) Any license or certificate of registration issued
4325 pursuant to this act for a period less than the established
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4326 biennial issuance period may be issued for that lesser period of
4327 time, and the department shall adjust the required fee
4328 accordingly. The department board shall adopt rules providing
4329 for such partial period fee adjustments.
4330 Section 135. Subsection (2) of section 476.155, Florida
4331 Statutes, is amended to read:
4332 476.155 Inactive status; reactivation of inactive
4333 license.—
4334 (2) The department board shall adopt promulgate rules
4335 relating to licenses which have become inactive and for the
4336 renewal of inactive licenses. The department board shall
4337 prescribe by rule a fee not to exceed $100 for the reactivation
4338 of an inactive license and a fee not to exceed $50 for the
4339 renewal of an inactive license.
4340 Section 136. Subsection (1) of section 476.192, Florida
4341 Statutes, is amended to read:
4342 476.192 Fees; disposition.—
4343 (1) The department board shall set by rule fees according
4344 to the following schedule:
4345 (a) For barbers, fees for original licensing, license
4346 renewal, and delinquent renewal may shall not exceed $100.
4347 (b) For barbers, fees for endorsement application,
4348 examination, and reexamination may shall not exceed $150.
4349 (c) For barbershops, fees for license application,
4350 original licensing, license renewal, and delinquent renewal may
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4351 shall not exceed $150.
4352 (d) For duplicate licenses and certificates, fees may
4353 shall not exceed $25.
4354 Section 137. Paragraph (i) of subsection (1) and
4355 subsection (2) of section 476.204, Florida Statutes, are amended
4356 to read:
4357 476.204 Penalties.—
4358 (1) It is unlawful for any person to:
4359 (i) Violate or refuse to comply with any provision of this
4360 chapter or chapter 455 or a rule or final order of the
4361 department board.
4362 (2) Any person who violates any provision of this section
4363 shall be subject to one or more of the following penalties, as
4364 determined by the department board:
4365 (a) Revocation or suspension of any license or
4366 registration issued pursuant to this chapter.
4367 (b) Issuance of a reprimand or censure.
4368 (c) Imposition of an administrative fine not to exceed
4369 $500 for each count or separate offense.
4370 (d) Placement on probation for a period of time and
4371 subject to such reasonable conditions as the department board
4372 may specify.
4373 (e) Refusal to certify to the department an applicant for
4374 licensure.
4375 Section 138. Section 476.214, Florida Statutes, is amended
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4376 to read:
4377 476.214 Grounds for suspending, revoking, or refusing to
4378 grant license or certificate.—
4379 (1) The department may board shall have the power to
4380 revoke or suspend any license, registration card, or certificate
4381 of registration issued pursuant to this act, or to reprimand,
4382 censure, deny subsequent licensure of, or otherwise discipline
4383 any holder of a license, registration card, or certificate of
4384 registration issued pursuant to this act, for any of the
4385 following causes:
4386 (a) Gross malpractice or gross incompetency in the
4387 practice of barbering;
4388 (b) Practice by a person knowingly having an infectious or
4389 contagious disease; or
4390 (c) Commission of any of the offenses described in s.
4391 476.194.
4392 (2) The department board shall keep a record of its
4393 disciplinary proceedings against holders of licenses or
4394 certificates of registration issued pursuant to this act.
4395 (3) The department may shall not issue or renew a license
4396 or certificate of registration under this chapter to any person
4397 against whom or barbershop against which the department board
4398 has assessed a fine, interest, or costs associated with
4399 investigation and prosecution until the person or barbershop has
4400 paid in full such fine, interest, or costs associated with
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4401 investigation and prosecution or until the person or barbershop
4402 complies with or satisfies all terms and conditions of the final
4403 order.
4404 Section 139. Section 476.234, Florida Statutes, is amended
4405 to read:
4406 476.234 Civil proceedings.—In addition to any other
4407 remedy, the department may file a proceeding in the name of the
4408 state seeking issuance of a restraining order, injunction, or
4409 writ of mandamus against any person who is or has been violating
4410 any of the provisions of this act or the lawful rules or orders
4411 of the board, commission, or department.
4412 Section 140. Subsections (2) through (13) of section
4413 477.013, Florida Statutes, are renumbered as subsections (1)
4414 through (12), respectively, and present subsections (1) and (8)
4415 of that section are amended, to read:
4416 477.013 Definitions.—As used in this chapter:
4417 (1) "Board" means the Board of Cosmetology.
4418 (7)(8) "Specialty salon" means any place of business
4419 wherein the practice of one or all of the specialties as defined
4420 in subsection (5) (6) are engaged in or carried on.
4421 Section 141. Subsections (7), (8), and (9) of section
4422 477.0135, Florida Statutes, are amended to read:
4423 477.0135 Exemptions.—
4424 (7) A license or registration is not required for a person
4425 whose occupation or practice is confined solely to hair braiding
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4426 as defined in s. 477.013(8) s. 477.013(9).
4427 (8) A license or registration is not required for a person
4428 whose occupation or practice is confined solely to hair wrapping
4429 as defined in s. 477.013(9) s. 477.013(10).
4430 (9) A license or registration is not required for a person
4431 whose occupation or practice is confined solely to body wrapping
4432 as defined in s. 477.013(11) s. 477.013(12).
4433 Section 142. Section 477.016, Florida Statutes, is amended
4434 to read:
4435 477.016 Rulemaking.—
4436 (1) The department board may adopt rules pursuant to ss.
4437 120.536(1) and 120.54 to implement the provisions of this
4438 chapter conferring duties upon it.
4439 (2) The department board may by rule adopt any restriction
4440 established by a regulation of the United States Food and Drug
4441 Administration related to the use of a cosmetic product or any
4442 substance used in the practice of cosmetology if the department
4443 board finds that the product or substance poses a risk to the
4444 health, safety, and welfare of clients or persons providing
4445 cosmetology services.
4446 Section 143. Section 477.018, Florida Statutes, is amended
4447 to read:
4448 477.018 Investigative services.—The department shall
4449 provide all investigative services required by the board or the
4450 department in carrying out the provisions of this act.
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4451 Section 144. Subsections (2), (3), (5), (6), and (7) of
4452 section 477.019, Florida Statutes, are amended to read:
4453 477.019 Cosmetologists; qualifications; licensure;
4454 supervised practice; license renewal; endorsement; continuing
4455 education.—
4456 (2) An applicant is eligible for licensure by examination
4457 to practice cosmetology if the applicant:
4458 (a) Is at least 16 years of age or has received a high
4459 school diploma;
4460 (b) Pays the required application fee, which is not
4461 refundable, and the required examination fee, which is
4462 refundable if the applicant is determined to not be eligible for
4463 licensure for any reason other than failure to successfully
4464 complete the licensure examination; and
4465 (c) Has received a minimum of 1,200 hours of training as
4466 established by the department board, which must include, but is
4467 not limited to, the equivalent of completion of services
4468 directly related to the practice of cosmetology at one of the
4469 following:
4470 1. A school of cosmetology licensed pursuant to chapter
4471 1005.
4472 2. A cosmetology program within the public school system.
4473 3. The Cosmetology Division of the Florida School for the
4474 Deaf and the Blind, provided the division meets the standards of
4475 this chapter.
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4476 4. A government-operated cosmetology program in this
4477 state.
4478
4479 The department board shall establish by rule procedures whereby
4480 the school or program may certify that a person is qualified to
4481 take the required examination after the completion of a minimum
4482 of 1,000 actual school hours. If the person then passes the
4483 examination, he or she has satisfied this requirement; but if
4484 the person fails the examination, he or she may not be qualified
4485 to take the examination again until the completion of the full
4486 requirements provided by this section.
4487 (3) Upon an applicant receiving a passing grade, as
4488 established by department board rule, on the examination and
4489 paying the initial licensing fee, the department shall issue a
4490 license to practice cosmetology.
4491 (5) Renewal of license registration shall be accomplished
4492 pursuant to rules adopted by the department board.
4493 (6) The department board shall certify as qualified for
4494 licensure by endorsement as a cosmetologist in this state an
4495 applicant who holds a current active license to practice
4496 cosmetology in another state.
4497 (7)(a) The board shall prescribe by rule continuing
4498 education requirements intended to ensure protection of the
4499 public through updated training of licensees and registered
4500 specialists, not to exceed 10 hours biennially, as a condition
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4501 for renewal of a license or registration as a specialist under
4502 this chapter. Continuing education courses shall include, but
4503 not be limited to, the following subjects as they relate to the
4504 practice of cosmetology: human immunodeficiency virus and
4505 acquired immune deficiency syndrome; Occupational Safety and
4506 Health Administration regulations; workers' compensation issues;
4507 state and federal laws and rules as they pertain to
4508 cosmetologists, cosmetology, salons, specialists, specialty
4509 salons, and booth renters; chemical makeup as it pertains to
4510 hair, skin, and nails; and environmental issues. Courses given
4511 at cosmetology conferences may be counted toward the number of
4512 continuing education hours required if approved by the board.
4513 (b) The board may, by rule, require any licensee in
4514 violation of a continuing education requirement to take a
4515 refresher course or refresher course and examination in addition
4516 to any other penalty. The number of hours for the refresher
4517 course may not exceed 48 hours.
4518 Section 145. Paragraphs (b) and (c) of subsection (1) and
4519 subsections (4) and (5) of section 477.0201, Florida Statutes,
4520 are amended to read:
4521 477.0201 Specialty registration; qualifications;
4522 registration renewal; endorsement.—
4523 (1) Any person is qualified for registration as a
4524 specialist in any specialty practice within the practice of
4525 cosmetology under this chapter who:
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4526 (b) Has received a certificate of completion for:
4527 1. One hundred and eighty hours of training, as
4528 established by the department board, which shall focus primarily
4529 on sanitation and safety, to practice specialties as defined in
4530 s. 477.013(11)(a) and (b) s. 477.013(6)(a) and (b);
4531 2. Two hundred and twenty hours of training, as
4532 established by the department board, which shall focus primarily
4533 on sanitation and safety, to practice the specialty as defined
4534 in s. 477.013(11)(c) s. 477.013(6)(c); or
4535 3. Four hundred hours of training or the number of hours
4536 of training required to maintain minimum Pell Grant
4537 requirements, as established by the department board, which
4538 shall focus primarily on sanitation and safety, to practice the
4539 specialties as defined in s. 477.013(11)(a)-(c) s.
4540 477.013(6)(a)-(c).
4541 (c) The certificate of completion specified in paragraph
4542 (b) must be from one of the following:
4543 1. A school licensed pursuant to s. 477.023.
4544 2. A school licensed pursuant to chapter 1005 or the
4545 equivalent licensing authority of another state.
4546 3. A specialty program within the public school system.
4547 4. A specialty division within the Cosmetology Division of
4548 the Florida School for the Deaf and the Blind, provided the
4549 training programs comply with minimum curriculum requirements
4550 established by the department board.
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4551 (4) Renewal of registration shall be accomplished pursuant
4552 to rules adopted by the department board.
4553 (5) The department board shall adopt rules specifying
4554 procedures for the registration of specialty practitioners
4555 desiring to be registered in this state who have been registered
4556 or licensed and are practicing in states which have registering
4557 or licensing standards substantially similar to, equivalent to,
4558 or more stringent than the standards of this state.
4559 Section 146. Subsection (2) of section 477.0212, Florida
4560 Statutes, is amended to read:
4561 477.0212 Inactive status.—
4562 (2) The department board shall adopt rules relating to
4563 licenses that become inactive and for the renewal of inactive
4564 licenses. The rules may not require more than one renewal cycle
4565 of continuing education to reactivate a license. The department
4566 board shall prescribe by rule a fee not to exceed $50 for the
4567 reactivation of an inactive license and a fee not to exceed $50
4568 for the renewal of an inactive license.
4569 Section 147. Subsections (1) and (2) of section 477.022,
4570 Florida Statutes, are amended to read:
4571 477.022 Examinations.—
4572 (1) The department board shall ensure that examinations
4573 adequately measure both an applicant's competency and her or his
4574 knowledge of related statutory requirements. Professional
4575 testing services may be utilized to formulate the examinations.
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4576 The department board may offer a written clinical examination or
4577 a performance examination, or both, in addition to a written
4578 theory examination.
4579 (2) The department board shall ensure that examinations
4580 comply with state and federal equal employment opportunity
4581 guidelines.
4582 Section 148. Subsections (2), (8), (9), and (10) of
4583 section 477.025, Florida Statutes, are amended to read:
4584 477.025 Cosmetology salons; specialty salons; requisites;
4585 licensure; inspection; mobile cosmetology salons.—
4586 (2) The department board shall adopt rules governing the
4587 licensure and operation of salons and specialty salons and their
4588 facilities, personnel, safety and sanitary requirements, and the
4589 license application and granting process.
4590 (8) Renewal of license registration for cosmetology salons
4591 or specialty salons shall be accomplished pursuant to rules
4592 adopted by the department board. The department board is further
4593 authorized to adopt rules governing delinquent renewal of
4594 licenses and may impose penalty fees for delinquent renewal.
4595 (9) The department board is authorized to adopt rules
4596 governing the periodic inspection of cosmetology salons and
4597 specialty salons licensed under this chapter.
4598 (10)(a) The department board shall adopt rules governing
4599 the licensure, operation, and inspection of mobile cosmetology
4600 salons, including their facilities, personnel, and safety and
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4601 sanitary requirements.
4602 (b) Each mobile salon must comply with all licensure and
4603 operating requirements specified in this chapter or chapter 455
4604 or rules of the board or department that apply to cosmetology
4605 salons at fixed locations, except to the extent that such
4606 requirements conflict with this subsection or rules adopted
4607 pursuant to this subsection.
4608 (c) A mobile cosmetology salon must maintain a permanent
4609 business address, located in the inspection area of the local
4610 department office, at which records of appointments,
4611 itineraries, license numbers of employees, and vehicle
4612 identification numbers of the licenseholder's mobile salon shall
4613 be kept and made available for verification purposes by
4614 department personnel, and at which correspondence from the
4615 department can be received.
4616 (d) To facilitate periodic inspections of mobile
4617 cosmetology salons, before prior to the beginning of each month
4618 each mobile salon licenseholder must file with the department
4619 board a written monthly itinerary listing the locations where
4620 and the dates and hours when the mobile salon will be operating.
4621 (e) The department board shall establish fees for mobile
4622 cosmetology salons, not to exceed the fees for cosmetology
4623 salons at fixed locations.
4624 (f) The operation of mobile cosmetology salons must be in
4625 compliance with all local laws and ordinances regulating
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4626 business establishments, with all applicable requirements of the
4627 Americans with Disabilities Act relating to accommodations for
4628 persons with disabilities, and with all applicable OSHA
4629 requirements.
4630 Section 149. Section 477.026, Florida Statutes, is amended
4631 to read:
4632 477.026 Fees; disposition.—
4633 (1) The department board shall set fees according to the
4634 following schedule:
4635 (a) For cosmetologists, fees for original licensing,
4636 license renewal, and delinquent renewal may shall not exceed
4637 $50.
4638 (b) For cosmetologists, fees for endorsement application,
4639 examination, and reexamination may shall not exceed $50.
4640 (c) For cosmetology and specialty salons, fees for license
4641 application, original licensing, license renewal, and delinquent
4642 renewal may shall not exceed $50.
4643 (d) For specialists, fees for application and endorsement
4644 registration may shall not exceed $30.
4645 (e) For specialists, fees for initial registration,
4646 registration renewal, and delinquent renewal may shall not
4647 exceed $50.
4648 (2) All moneys collected by the department from fees
4649 authorized by this chapter shall be paid into the Professional
4650 Regulation Trust Fund, which fund is created in the department,
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4651 and shall be applied in accordance with ss. 215.37 and 455.219.
4652 The Legislature may appropriate any excess moneys from this fund
4653 to the General Revenue Fund.
4654 (3) The department, with the advice of the department
4655 board, shall prepare and submit a proposed budget in accordance
4656 with law.
4657 Section 150. Subsections (2) and (4) of section 477.0263,
4658 Florida Statutes, are amended to read:
4659 477.0263 Cosmetology services to be performed in licensed
4660 salon; exceptions.—
4661 (2) Pursuant to rules established by the department board,
4662 cosmetology services may be performed by a licensed
4663 cosmetologist in a location other than a licensed salon,
4664 including, but not limited to, a nursing home, hospital, or
4665 residence, when a client for reasons of ill health is unable to
4666 go to a licensed salon. Arrangements for the performance of such
4667 cosmetology services in a location other than a licensed salon
4668 shall be made only through a licensed salon.
4669 (4) Pursuant to rules adopted by the department board, any
4670 cosmetology or specialty service may be performed in a location
4671 other than a licensed salon when the service is performed in
4672 connection with a special event and is performed by a person who
4673 holds the proper license or specialty registration.
4674 Section 151. Section 477.028, Florida Statutes, is amended
4675 to read:
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4676 477.028 Disciplinary proceedings.—
4677 (1) The department may board shall have the power to
4678 revoke or suspend the license of a cosmetologist licensed under
4679 this chapter, or the registration of a specialist registered
4680 under this chapter, and to reprimand, censure, deny subsequent
4681 licensure or registration of, or otherwise discipline a
4682 cosmetologist or a specialist licensed or registered under this
4683 chapter in any of the following cases:
4684 (a) Upon proof that a license or registration has been
4685 obtained by fraud or misrepresentation.
4686 (b) Upon proof that the holder of a license or
4687 registration is guilty of fraud or deceit or of gross
4688 negligence, incompetency, or misconduct in the practice or
4689 instruction of cosmetology or a specialty.
4690 (c) Upon proof that the holder of a license or
4691 registration is guilty of aiding, assisting, procuring, or
4692 advising any unlicensed person to practice as a cosmetologist.
4693 (2) The department may board shall have the power to
4694 revoke or suspend the license of a cosmetology salon or a
4695 specialty salon licensed under this chapter, to deny subsequent
4696 licensure of such salon, or to reprimand, censure, or otherwise
4697 discipline the owner of such salon in either of the following
4698 cases:
4699 (a) Upon proof that a license has been obtained by fraud
4700 or misrepresentation.
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4701 (b) Upon proof that the holder of a license is guilty of
4702 fraud or deceit or of gross negligence, incompetency, or
4703 misconduct in the operation of the salon so licensed.
4704 (3) Disciplinary proceedings shall be conducted pursuant
4705 to the provisions of chapter 120.
4706 (4) The department may shall not issue or renew a license
4707 or certificate of registration under this chapter to any person
4708 against whom or salon against which the department board has
4709 assessed a fine, interest, or costs associated with
4710 investigation and prosecution until the person or salon has paid
4711 in full such fine, interest, or costs associated with
4712 investigation and prosecution or until the person or salon
4713 complies with or satisfies all terms and conditions of the final
4714 order.
4715 Section 152. Paragraph (i) of subsection (1) and
4716 subsection (2) of section 477.029, Florida Statutes, are amended
4717 to read:
4718 477.029 Penalty.—
4719 (1) It is unlawful for any person to:
4720 (i) Violate or refuse to comply with any provision of this
4721 chapter or chapter 455 or a rule or final order of the board or
4722 the department.
4723 (2) Any person who violates the provisions of this section
4724 shall be subject to one or more of the following penalties, as
4725 determined by the department board:
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4726 (a) Revocation or suspension of any license or
4727 registration issued pursuant to this chapter.
4728 (b) Issuance of a reprimand or censure.
4729 (c) Imposition of an administrative fine not to exceed
4730 $500 for each count or separate offense.
4731 (d) Placement on probation for a period of time and
4732 subject to such reasonable conditions as the department board
4733 may specify.
4734 (e) Refusal to certify to the department an applicant for
4735 licensure.
4736 Section 153. Subsections (4) through (16) of section
4737 481.203, Florida Statutes, are renumbered as subsections (3)
4738 through (15), respectively, and subsection (3) and present
4739 subsection (8) of that section are amended, to read:
4740 481.203 Definitions.—As used in this part, the term:
4741 (3) "Board" means the Board of Architecture and Interior
4742 Design.
4743 (7)(8) "Diversified interior design experience" means
4744 experience which substantially encompasses the various elements
4745 of interior design services set forth under the definition of
4746 "interior design" in subsection (9) (10).
4747 Section 154. Section 481.207, Florida Statutes, is amended
4748 to read:
4749 481.207 Fees.—The department board, by rule, may establish
4750 fees for architects and registered interior designers, to be
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4751 paid for applications, examination, reexamination, licensing and
4752 renewal, delinquency, reinstatement, and recordmaking and
4753 recordkeeping. The examination fee shall be in an amount that
4754 covers the cost of obtaining and administering the examination
4755 and shall be refunded if the applicant is found ineligible to
4756 sit for the examination. The application fee is nonrefundable.
4757 The fee for initial application and examination for architects
4758 may not exceed $775 plus the actual per applicant cost to the
4759 department for purchase of the examination from the National
4760 Council of Architectural Registration Boards or similar national
4761 organizations. The initial nonrefundable fee for registered
4762 interior designers may not exceed $75. The biennial renewal fee
4763 for architects may not exceed $200. The biennial renewal fee for
4764 registered interior designers may not exceed $75. The
4765 delinquency fee may not exceed the biennial renewal fee
4766 established by the department board for an active license. The
4767 department board shall establish fees that are adequate to
4768 ensure the continued operation of the department board and to
4769 fund the proportionate expenses incurred by the department which
4770 are allocated to the regulation of architects and registered
4771 interior designers. Fees shall be based on department estimates
4772 of the revenue required to implement this part and the
4773 provisions of law with respect to the regulation of architects
4774 and interior designers.
4775 Section 155. Subsection (1) of section 481.209, Florida
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4776 Statutes, is amended to read:
4777 481.209 Examinations.—
4778 (1) A person desiring to be licensed as a registered
4779 architect by initial examination shall apply to the department,
4780 complete the application form, and remit a nonrefundable
4781 application fee. The department shall license any applicant who
4782 the department board certifies has passed the licensure
4783 examination prescribed by department board rule and is a
4784 graduate of a school or college of architecture with a program
4785 accredited by the National Architectural Accreditation Board.
4786 Section 156. Section 481.211, Florida Statutes, is amended
4787 to read:
4788 481.211 Architecture internship required.—An applicant for
4789 licensure as a registered architect shall complete, before
4790 licensure, an internship of diversified architectural experience
4791 approved by the department board, which meets the requirements
4792 set forth by rule.
4793 Section 157. Subsections (3), (4), and (5) of section
4794 481.215, Florida Statutes, are amended to read:
4795 481.215 Renewal of license or certificate of
4796 registration.—
4797 (3) A license or certificate of registration renewal may
4798 not be issued to an architect or a registered interior designer
4799 by the department until the licensee or registrant submits proof
4800 satisfactory to the department that, during the 2 years before
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4801 application for renewal, the licensee or registrant participated
4802 per biennium in not less than 20 hours of at least 50 minutes
4803 each per biennium of continuing education approved by the board.
4804 The board shall approve only continuing education that builds
4805 upon the basic knowledge of architecture or interior design. The
4806 board may make exception from the requirements of continuing
4807 education in emergency or hardship cases.
4808 (4) The board shall by rule establish criteria for the
4809 approval of continuing education courses and providers and shall
4810 by rule establish criteria for accepting alternative
4811 nonclassroom continuing education on an hour-for-hour basis.
4812 (5) For a license or certificate of registration, the
4813 board shall require, by rule adopted pursuant to ss. 120.536(1)
4814 and 120.54, 2 hours in specialized or advanced courses on any
4815 portion of the Florida Building Code, adopted pursuant to part
4816 IV of chapter 553, relating to the licensee's respective area of
4817 practice. Such hours count toward the continuing education hours
4818 required under subsection (3). A licensee may complete the
4819 courses required under this subsection online.
4820 Section 158. Section 481.217, Florida Statutes, is amended
4821 to read:
4822 481.217 Inactive status.—
4823 (1) The board may prescribe by rule continuing education
4824 requirements as a condition of reactivating a license. The rules
4825 may not require more than one renewal cycle of continuing
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4826 education to reactivate a license or registration for a
4827 registered architect or registered interior designer.
4828 (2) The department board shall adopt rules relating to
4829 application procedures for inactive status and for the
4830 reactivation of inactive licenses and registrations.
4831 Section 159. Subsection (2), paragraph (b) of subsection
4832 (3), and subsection (5) of section 481.219, Florida Statutes,
4833 are amended to read:
4834 481.219 Qualification of business organizations.—
4835 (2) If a licensee or an applicant proposes to engage in
4836 the practice of architecture as a business organization, the
4837 licensee or applicant shall qualify the business organization
4838 upon approval of the department board.
4839 (3)
4840 (b) In the event a qualifying agent ceases employment with
4841 a qualified business organization, the department executive
4842 director or the chair of the board may authorize another
4843 registered architect employed by the business organization to
4844 temporarily serve as its qualifying agent for a period of no
4845 more than 60 days. The business organization is not authorized
4846 to operate beyond such period under this chapter absent
4847 replacement of the qualifying agent who has ceased employment.
4848 (5) The department board shall allow a licensee or an
4849 applicant to qualify one or more business organizations to offer
4850 architectural services, or to use a fictitious name to offer
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4851 such services, if one or more of the principal officers of the
4852 corporation or limited liability company, or one or more
4853 partners of the partnership, and all personnel of the
4854 corporation, limited liability company, or partnership who act
4855 in its behalf in this state as architects, are registered as
4856 provided by this part.
4857 Section 160. Subsections (1), (2), (6), (11), and (12) of
4858 section 481.221, Florida Statutes, are amended to read:
4859 481.221 Seals; display of certificate number.—
4860 (1) The department board shall prescribe, by rule, one or
4861 more forms of seals to be used by registered architects holding
4862 valid certificates of registration.
4863 (2) Each registered architect shall obtain one seal in a
4864 form approved by rule of the department board and may, in
4865 addition, register her or his seal electronically in accordance
4866 with ss. 668.001-668.006. All final construction documents and
4867 instruments of service which include drawings, plans,
4868 specifications, or reports prepared or issued by the registered
4869 architect and being filed for public record shall bear the
4870 signature and seal of the registered architect who prepared or
4871 approved the document and the date on which they were sealed.
4872 The signature, date, and seal shall be evidence of the
4873 authenticity of that to which they are affixed. Final plans,
4874 specifications, or reports prepared or issued by a registered
4875 architect may be transmitted electronically and may be signed by
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4876 the registered architect, dated, and sealed electronically with
4877 the seal in accordance with ss. 668.001-668.006.
4878 (6) No registered architect shall affix her or his
4879 signature or seal to any final construction document or
4880 instrument of service which includes drawings, plans,
4881 specifications, or architectural documents which were not
4882 prepared by her or him or under her or his responsible
4883 supervising control or by another registered architect and
4884 reviewed, approved, or modified and adopted by her or him as her
4885 or his own work according to rules adopted by the department
4886 board.
4887 (11) When the certificate of registration of a registered
4888 architect or interior designer has been revoked or suspended by
4889 the department board, the registered architect or interior
4890 designer shall surrender her or his seal to the secretary of the
4891 department board within a period of 30 days after the revocation
4892 or suspension has become effective. If the certificate of the
4893 registered architect or interior designer has been suspended for
4894 a period of time, her or his seal shall be returned to her or
4895 him upon expiration of the suspension period.
4896 (12) A person may not sign and seal by any means any final
4897 plan, specification, or report after her or his certificate of
4898 registration has expired or is suspended or revoked. A
4899 registered architect or interior designer whose certificate of
4900 registration is suspended or revoked shall, within 30 days after
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4901 the effective date of the suspension or revocation, surrender
4902 her or his seal to the department executive director of the
4903 board and confirm in writing to the department executive
4904 director the cancellation of the registered architect's or
4905 interior designer's electronic signature in accordance with ss.
4906 668.001-668.006. When a registered architect's or interior
4907 designer's certificate of registration is suspended for a period
4908 of time, her or his seal shall be returned upon expiration of
4909 the period of suspension.
4910 Section 161. Section 481.222, Florida Statutes, is amended
4911 to read:
4912 481.222 Architects performing building code inspection
4913 services.—Notwithstanding any other provision of law, a person
4914 who is currently licensed to practice as an architect under this
4915 part may provide building code inspection services described in
4916 s. 468.603(4) and (7) s. 468.603(5) and (8) to a local
4917 government or state agency upon its request, without being
4918 certified by the Florida Building Code Administrators and
4919 Inspectors licensing program Board under part XII of chapter
4920 468. With respect to the performance of such building code
4921 inspection services, the architect is subject to the
4922 disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
4923 Any complaint processing, investigation, and discipline that
4924 arise out of an architect's performance of building code
4925 inspection services shall be conducted by the Department of
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4926 Business and Professional Regulation Board of Architecture and
4927 Interior Design rather than the Florida Building Code
4928 Administrators and Inspectors Board. An architect may not
4929 perform plans review as an employee of a local government upon
4930 any job that the architect or the architect's company designed.
4931 Section 162. Paragraphs (a) and (d) of subsection (1) of
4932 section 481.223, Florida Statutes, are amended to read:
4933 481.223 Prohibitions; penalties; injunctive relief.—
4934 (1) A person may not knowingly:
4935 (a) Practice architecture unless the person is an
4936 architect or a registered architect; however, a licensed
4937 architect who has been licensed by the department board and who
4938 chooses to relinquish or not to renew his or her license may use
4939 the title "Architect, Retired" but may not otherwise render any
4940 architectural services.
4941 (d) Give false or forged evidence to the department board
4942 or a member thereof.
4943 Section 163. Paragraphs (a), (g), and (i) of subsection
4944 (1) and subsections (2), (3), and (4) of section 481.225,
4945 Florida Statutes, are amended to read:
4946 481.225 Disciplinary proceedings against registered
4947 architects.—
4948 (1) The following acts constitute grounds for which the
4949 disciplinary actions in subsection (3) may be taken:
4950 (a) Violating any provision of s. 455.227(1), s. 481.221,
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4951 or s. 481.223, or any rule of the board or department lawfully
4952 adopted pursuant to this part or chapter 455.
4953 (g) Committing an act of fraud or deceit, or of
4954 negligence, incompetency, or misconduct, in the practice of
4955 architecture, including, but not limited to, allowing the
4956 preparation of any architectural studies, plans, or other
4957 instruments of service in an office that does not have a full-
4958 time Florida-registered architect assigned to such office or
4959 failing to ensure the responsible supervising control of
4960 services or projects, as required by department board rule.
4961 (i) Aiding, assisting, procuring, or advising any
4962 unlicensed person to practice architecture contrary to this part
4963 or to a rule of the department or the board.
4964 (2) The department board shall specify, by rule, what acts
4965 or omissions constitute a violation of subsection (1).
4966 (3) When the department board finds any registered
4967 architect guilty of any of the grounds set forth in subsection
4968 (1), it may enter an order imposing one or more of the following
4969 penalties:
4970 (a) Denial of an application for licensure.
4971 (b) Revocation or suspension of a license.
4972 (c) Imposition of an administrative fine not to exceed
4973 $1,000 for each count or separate offense and a fine of up to
4974 $5,000 for matters pertaining to a material violation of the
4975 Florida Building Code as reported by a local jurisdiction.
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4976 (d) Issuance of a reprimand.
4977 (e) Placement of the registered architect on probation for
4978 a period of time and subject to such conditions as the
4979 department board may specify, including requiring the registered
4980 architect to attend continuing education courses or to work
4981 under the supervision of another registered architect.
4982 (f) Restriction of the authorized scope of practice by the
4983 registered architect.
4984 (4) The department shall reissue the license of a
4985 disciplined registered architect upon certification by the
4986 department board that he or she has complied with all of the
4987 terms and conditions set forth in the final order.
4988 Section 164. Paragraph (a) of subsection (1) and
4989 subsection (2) of section 481.2251, Florida Statutes, are
4990 amended to read:
4991 481.2251 Disciplinary proceedings against registered
4992 interior designers.—
4993 (1) The following acts constitute grounds for which the
4994 disciplinary actions specified in subsection (2) may be taken:
4995 (a) Attempting to register or renewing registration by
4996 bribery, by fraudulent misrepresentation, or through an error of
4997 the department board;
4998 (2) When the department board finds any person guilty of
4999 any of the grounds set forth in subsection (1), it may enter an
5000 order taking the following action or imposing one or more of the
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5001 following penalties:
5002 (a) Refusal to register the applicant;
5003 (b) Refusal to renew an existing registration;
5004 (c) Removal from the state registry; or
5005 (d) Imposition of an administrative fine not to exceed
5006 $500 for each violation or separate offense and a fine of up to
5007 $2,500 for matters pertaining to a material violation of the
5008 Florida Building Code as reported by a local jurisdiction.
5009 Section 165. Subsection (1) of section 481.303, Florida
5010 Statutes, is amended to read:
5011 481.303 Definitions.—As used in this chapter, the term:
5012 (1) "Board" means the Board of Landscape Architecture.
5013 Section 166. Section 481.306, Florida Statutes, is amended
5014 to read:
5015 481.306 Authority to make rules.—The department may board
5016 has authority to adopt rules pursuant to ss. 120.536(1) and
5017 120.54 to implement the provisions of this chapter and chapter
5018 455 conferring duties upon it.
5019 Section 167. Section 481.307, Florida Statutes, is amended
5020 to read:
5021 481.307 Fees.—The department board, by rule, may establish
5022 fees to be paid for applications, examination, reexamination,
5023 licensing and renewal, delinquency, reinstatement, and
5024 recordmaking and recordkeeping. The examination fee shall be in
5025 an amount that covers the costs of obtaining and administering
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5026 the examination and shall be refunded if the applicant is found
5027 ineligible to sit for the examination. The application fee is
5028 nonrefundable. The combined fees for initial application and
5029 examination may not exceed $800 plus the actual per applicant
5030 cost to the department for purchase of portions of the
5031 examination from the Council of Landscape Architectural
5032 Registration Boards or a similar national organization. The
5033 biennial renewal fee may not exceed $600. The delinquency fee
5034 may not exceed the biennial renewal fee established by the
5035 department board for an active license. The department board
5036 shall establish fees that are adequate to ensure the continued
5037 operation of the department board and to fund the proportionate
5038 expenses incurred by the department which are allocated to the
5039 regulation of landscape architects. Fees shall be based on
5040 department estimates of the revenue required to implement this
5041 part and the provisions of law with respect to the regulation of
5042 landscape architects.
5043 Section 168. Subsection (1) of section 481.309, Florida
5044 Statutes, is amended to read:
5045 481.309 Examinations.—
5046 (1) A person desiring to be licensed as a registered
5047 landscape architect shall apply to the department to take the
5048 licensure examination. The department shall examine each
5049 applicant who the department board certifies:
5050 (a) Has completed the application form and remitted a
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5051 nonrefundable application fee and an examination fee which is
5052 refundable if the applicant is found to be ineligible to take
5053 the examination; and
5054 (b)1. Has completed a professional degree program in
5055 landscape architecture as approved by the department Landscape
5056 Architectural Accreditation Board; or
5057 2. Presents evidence of not less than 6 years of actual
5058 practical experience in landscape architectural work of a grade
5059 and character satisfactory to the department board. Each year of
5060 education completed in a recognized school shall be considered
5061 to be equivalent to 1 year of experience, with a maximum credit
5062 of 4 years.
5063 Section 169. Section 481.310, Florida Statutes, is amended
5064 to read:
5065 481.310 Practical experience requirement.—Beginning
5066 October 1, 1990, every applicant for licensure as a registered
5067 landscape architect shall demonstrate, before prior to
5068 licensure, 1 year of practical experience in landscape
5069 architectural work. An applicant who holds a master of landscape
5070 architecture degree and a bachelor's degree in a related field
5071 is not required to demonstrate 1 year of practical experience in
5072 landscape architectural work to obtain licensure. The department
5073 board shall adopt rules providing standards for the required
5074 experience. An applicant who qualifies for examination pursuant
5075 to s. 481.309(1)(b)1. may obtain the practical experience after
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5076 completing the required professional degree. Experience used to
5077 qualify for examination pursuant to s. 481.309(1)(b)2. may not
5078 be used to satisfy the practical experience requirement under
5079 this section.
5080 Section 170. Section 481.311, Florida Statutes, is amended
5081 to read:
5082 481.311 Licensure.—
5083 (1) The department shall license any applicant who the
5084 department board certifies is qualified to practice landscape
5085 architecture and who has paid the initial licensure fee.
5086 (2) The department board shall certify for licensure any
5087 applicant who:
5088 (a) Passes the examination required by s. 481.309; and
5089 (b) Satisfies the experience requirement of s. 481.310.
5090 (3) The department board shall certify as qualified for a
5091 license by endorsement an applicant who:
5092 (a) Qualifies to take the examination as set forth in s.
5093 481.309; and has passed a national, regional, state, or
5094 territorial licensing examination which is substantially
5095 equivalent to the examination required by s. 481.309;
5096 (b) Holds a valid license to practice landscape
5097 architecture issued by another state or territory of the United
5098 States, if the criteria for issuance of such license were
5099 substantially identical to the licensure criteria which existed
5100 in this state at the time the license was issued; or
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5101 (c) Has held a valid license to practice landscape
5102 architecture in another state or territory of the United States
5103 for at least 10 years before the date of application and has
5104 successfully completed a state, regional, national, or other
5105 examination that is equivalent to or more stringent than the
5106 examination required by the department board, subject to
5107 subsection (5). An applicant who has met the requirements to be
5108 qualified for a license by endorsement, except for successful
5109 completion of an examination that is equivalent to or more
5110 stringent than the examination required by the department board,
5111 may take the examination required by the department board
5112 without completing additional education requirements. Such
5113 application must be submitted to the department board while the
5114 applicant holds a valid license in another state or territory or
5115 within 2 years after the expiration of such license.
5116 (4) The department board may refuse to certify any
5117 applicant who is under investigation in any jurisdiction for any
5118 act which would constitute a violation of this act or of chapter
5119 455, until the investigation is complete and disciplinary
5120 proceedings have been terminated.
5121 (5) The department board may refuse to certify any
5122 applicant who has violated any of the provisions of s. 481.325.
5123 Section 171. Subsections (3), (4), and (5) of section
5124 481.313, Florida Statutes, are amended to read:
5125 481.313 Renewal of license.—
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5126 (3) No license renewal shall be issued to a landscape
5127 architect by the department until the licensee submits proof,
5128 satisfactory to the department, that during the 2-year period
5129 prior to application for renewal, the licensee participated in
5130 such continuing education courses required by the board. The
5131 board shall approve only continuing education courses that
5132 relate to and increase the basic knowledge of landscape
5133 architecture. The board may make an exception from the
5134 requirements of continuing education in emergency or hardship
5135 cases.
5136 (4) The board, by rule adopted pursuant to ss. 120.536(1)
5137 and 120.54, shall establish criteria for the approval of
5138 continuing education courses and providers, and shall by rule
5139 establish criteria for accepting alternative nonclassroom
5140 continuing education on an hour-for-hour basis. A landscape
5141 architect shall receive hour-for-hour credit for attending
5142 continuing education courses approved by the Landscape
5143 Architecture Continuing Education System or another nationally
5144 recognized clearinghouse for continuing education that relate to
5145 and increase his or her basic knowledge of landscape
5146 architecture, as determined by the board, if the landscape
5147 architect submits proof satisfactory to the board that such
5148 course was approved by the Landscape Architecture Continuing
5149 Education System or another nationally recognized clearinghouse
5150 for continuing education, along with the syllabus or outline for
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5151 such course and proof of course attendance.
5152 (5) The board shall require, by rule adopted pursuant to
5153 ss. 120.536(1) and 120.54, a specified number of hours in
5154 specialized or advanced courses, approved by the Florida
5155 Building Commission, on any portion of the Florida Building
5156 Code, adopted pursuant to part IV of chapter 553, relating to
5157 the licensee's respective area of practice.
5158 Section 172. Section 481.315, Florida Statutes, is amended
5159 to read:
5160 481.315 Inactive status.—
5161 (1) A license that has become inactive or delinquent may
5162 be reactivated under this section upon application to the
5163 department and payment of any applicable biennial renewal or
5164 delinquency fee, or both, and a reactivation fee. The board may
5165 not require a licensee to complete more than one renewal cycle
5166 of continuing education requirements.
5167 (2) The department board shall adopt rules relating to
5168 application procedures for inactive status and for the
5169 reactivation of inactive licenses.
5170 Section 173. Subsection (1) of section 481.317, Florida
5171 Statutes, is amended to read:
5172 481.317 Temporary certificates.—
5173 (1) Upon the approval by the department board and payment
5174 of the fee set in s. 481.307, the department shall grant a
5175 temporary certificate of registration for work on a specified
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5176 project in this state for a period not to exceed 1 year to an
5177 applicant who is licensed in another state or territory to
5178 practice landscape architecture.
5179 Section 174. Subsection (3) of section 481.319, Florida
5180 Statutes, is amended to read:
5181 481.319 Corporate and partnership practice of landscape
5182 architecture.—
5183 (3) A landscape architect applying to practice in the name
5184 of a corporation must file with the department the names and
5185 addresses of all officers and department board members of the
5186 corporation, including the principal officer or officers, duly
5187 registered to practice landscape architecture in this state and,
5188 also, of all individuals duly registered to practice landscape
5189 architecture in this state who shall be in responsible charge of
5190 the practice of landscape architecture by the corporation in
5191 this state. A landscape architect applying to practice in the
5192 name of a partnership must file with the department the names
5193 and addresses of all partners of the partnership, including the
5194 partner or partners duly registered to practice landscape
5195 architecture in this state and, also, of an individual or
5196 individuals duly registered to practice landscape architecture
5197 in this state who shall be in responsible charge of the practice
5198 of landscape architecture by said partnership in this state.
5199 Section 175. Subsections (1) and (2) of section 481.321,
5200 Florida Statutes, are amended to read:
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5201 481.321 Seals; display of certificate number.—
5202 (1) The department board shall prescribe, by rule, one or
5203 more forms of seals for use by a registered landscape architect
5204 who holds a valid certificate of registration. Each registered
5205 landscape architect shall obtain one seal in a form approved by
5206 rule of the department board and may, in addition, register her
5207 or his seal electronically in accordance with ss. 668.001-
5208 668.006. All final plans, specifications, or reports prepared or
5209 issued by the registered landscape architect and filed for
5210 public record shall be signed by the registered landscape
5211 architect, dated, and stamped or sealed electronically with her
5212 or his seal. The signature, date, and seal constitute evidence
5213 of the authenticity of that to which they are affixed. Final
5214 plans, specifications, or reports prepared or issued by a
5215 registered landscape architect may be transmitted electronically
5216 and may be signed by the registered landscape architect, dated,
5217 and sealed electronically with the seal in accordance with ss.
5218 668.001-668.006.
5219 (2) It is unlawful for any person to sign and seal by any
5220 means any final plan, specification, or report after her or his
5221 certificate of registration is expired, suspended, or revoked. A
5222 registered landscape architect whose certificate of registration
5223 is suspended or revoked shall, within 30 days after the
5224 effective date of the suspension or revocation, surrender her or
5225 his seal to the department executive director of the board and
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5226 confirm in writing to the department executive director the
5227 cancellation of the landscape architect's electronic signature
5228 in accordance with ss. 668.001-668.006. When a landscape
5229 architect's certificate of registration is suspended for a
5230 period of time, her or his seal shall be returned upon
5231 expiration of the period of suspension.
5232 Section 176. Paragraph (d) of subsection (1) of section
5233 481.323, Florida Statutes, is amended to read:
5234 481.323 Prohibitions; penalties.—
5235 (1) A person may not knowingly:
5236 (d) Give false or forged evidence to the department board
5237 or a member thereof;
5238 Section 177. Subsections (2), (3), and (4) of section
5239 481.325, Florida Statutes, are amended to read:
5240 481.325 Disciplinary proceedings.—
5241 (2) The department board shall specify, by rule, what acts
5242 or omissions constitute a violation of subsection (1).
5243 (3) When the department board finds any registered
5244 landscape architect guilty of any of the grounds set forth in
5245 subsection (1), it may enter an order imposing one or more of
5246 the following penalties:
5247 (a) Denial of an application for licensure.
5248 (b) Revocation or suspension of a license.
5249 (c) Imposition of an administrative fine not to exceed
5250 $1,000 for each count or separate offense and a fine of up to
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5251 $5,000 for matters pertaining to a material violation of the
5252 Florida Building Code as reported by a local jurisdiction.
5253 (d) Issuance of a reprimand.
5254 (e) Placement of the registered landscape architect on
5255 probation for a period of time and subject to such conditions as
5256 the department board may specify, including requiring the
5257 registered landscape architect to attend continuing education
5258 courses or to work under the supervision of another registered
5259 landscape architect.
5260 (f) Restriction of the authorized scope of practice by the
5261 registered landscape architect.
5262 (4) The department shall reissue the license of a
5263 disciplined registered landscape architect upon certification by
5264 the department board that she or he has complied with all of the
5265 terms and conditions set forth in the final order.
5266 Section 178. Paragraph (c) of subsection (7) of section
5267 489.103, Florida Statutes, is amended to read:
5268 489.103 Exemptions.—This part does not apply to:
5269 (7)
5270 (c) To qualify for exemption under this subsection, an
5271 owner must personally appear and sign the building permit
5272 application and must satisfy local permitting agency
5273 requirements, if any, proving that the owner has a complete
5274 understanding of the owner's obligations under the law as
5275 specified in the disclosure statement in this section. However,
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5276 for purposes of implementing a "United States Department of
5277 Energy SunShot Initiative: Rooftop Solar Challenge" grant and
5278 the participation of county and municipal governments, including
5279 local permitting agencies under the jurisdiction of such county
5280 and municipal governments, an owner's notarized signature or
5281 personal appearance to sign the permit application is not
5282 required for a solar project, as described in subparagraph
5283 (a)3., if the building permit application is submitted
5284 electronically to the permitting agency and the owner certifies
5285 the application and disclosure statement using the permitting
5286 agency's electronic confirmation system. If any person violates
5287 the requirements of this subsection, the local permitting agency
5288 shall withhold final approval, revoke the permit, or pursue any
5289 action or remedy for unlicensed activity against the owner and
5290 any person performing work that requires licensure under the
5291 permit issued. The local permitting agency shall provide the
5292 person with a disclosure statement in substantially the
5293 following form:
5294 DISCLOSURE STATEMENT
5295 1. I understand that state law requires construction to be done
5296 by a licensed contractor and have applied for an owner-builder
5297 permit under an exemption from the law. The exemption specifies
5298 that I, as the owner of the property listed, may act as my own
5299 contractor with certain restrictions even though I do not have a
5300 license.
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5301 2. I understand that building permits are not required to be
5302 signed by a property owner unless he or she is responsible for
5303 the construction and is not hiring a licensed contractor to
5304 assume responsibility.
5305 3. I understand that, as an owner-builder, I am the responsible
5306 party of record on a permit. I understand that I may protect
5307 myself from potential financial risk by hiring a licensed
5308 contractor and having the permit filed in his or her name
5309 instead of my own name. I also understand that a contractor is
5310 required by law to be licensed in Florida and to list his or her
5311 license numbers on permits and contracts.
5312 4. I understand that I may build or improve a one-family or
5313 two-family residence or a farm outbuilding. I may also build or
5314 improve a commercial building if the costs do not exceed
5315 $75,000. The building or residence must be for my own use or
5316 occupancy. It may not be built or substantially improved for
5317 sale or lease, unless I am completing the requirements of a
5318 building permit where the contractor listed on the permit
5319 substantially completed the project. If a building or residence
5320 that I have built or substantially improved myself is sold or
5321 leased within 1 year after the construction is complete, the law
5322 will presume that I built or substantially improved it for sale
5323 or lease, which violates the exemption.
5324 5. I understand that, as the owner-builder, I must provide
5325 direct, onsite supervision of the construction.
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5326 6. I understand that I may not hire an unlicensed person to act
5327 as my contractor or to supervise persons working on my building
5328 or residence. It is my responsibility to ensure that the persons
5329 whom I employ have the licenses required by law and by county or
5330 municipal ordinance.
5331 7. I understand that it is a frequent practice of unlicensed
5332 persons to have the property owner obtain an owner-builder
5333 permit that erroneously implies that the property owner is
5334 providing his or her own labor and materials. I, as an owner-
5335 builder, may be held liable and subjected to serious financial
5336 risk for any injuries sustained by an unlicensed person or his
5337 or her employees while working on my property. My homeowner's
5338 insurance may not provide coverage for those injuries. I am
5339 willfully acting as an owner-builder and am aware of the limits
5340 of my insurance coverage for injuries to workers on my property.
5341 8. I understand that I may not delegate the responsibility for
5342 supervising work to a licensed contractor who is not licensed to
5343 perform the work being done. Any person working on my building
5344 who is not licensed must work under my direct supervision and
5345 must be employed by me, which means that I must comply with laws
5346 requiring the withholding of federal income tax and social
5347 security contributions under the Federal Insurance Contributions
5348 Act (FICA) and must provide workers' compensation for the
5349 employee. I understand that my failure to follow these laws may
5350 subject me to serious financial risk.
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5351 9. I agree that, as the party legally and financially
5352 responsible for this proposed construction activity, I will
5353 abide by all applicable laws and requirements that govern owner-
5354 builders as well as employers. I also understand that the
5355 construction must comply with all applicable laws, ordinances,
5356 building codes, and zoning regulations.
5357 10. I understand that I may obtain more information regarding
5358 my obligations as an employer from the Internal Revenue Service,
5359 the United States Small Business Administration, the Florida
5360 Department of Financial Services, and the Florida Department of
5361 Revenue. I also understand that I may contact the Department of
5362 Business and Professional Regulation Florida Construction
5363 Industry Licensing Board at ...(telephone number)... or
5364 ...(Internet website address)... for more information about
5365 licensed contractors.
5366 11. I am aware of, and consent to, an owner-builder building
5367 permit applied for in my name and understand that I am the party
5368 legally and financially responsible for the proposed
5369 construction activity at the following address: ...(address of
5370 property)....
5371 12. I agree to notify ...(issuer of disclosure statements)...
5372 immediately of any additions, deletions, or changes to any of
5373 the information that I have provided on this disclosure.
5374 Licensed contractors are regulated by laws designed to protect
5375 the public. If you contract with a person who does not have a
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5376 license, the Construction Industry Licensing Board and
5377 Department of Business and Professional Regulation may be unable
5378 to assist you with any financial loss that you sustain as a
5379 result of a complaint. Your only remedy against an unlicensed
5380 contractor may be in civil court. It is also important for you
5381 to understand that, if an unlicensed contractor or employee of
5382 an individual or firm is injured while working on your property,
5383 you may be held liable for damages. If you obtain an owner-
5384 builder permit and wish to hire a licensed contractor, you will
5385 be responsible for verifying whether the contractor is properly
5386 licensed and the status of the contractor's workers'
5387 compensation coverage.
5388 Before a building permit can be issued, this disclosure
5389 statement must be completed and signed by the property owner and
5390 returned to the local permitting agency responsible for issuing
5391 the permit. A copy of the property owner's driver license, the
5392 notarized signature of the property owner, or other type of
5393 verification acceptable to the local permitting agency is
5394 required when the permit is issued.
5395 Signature: ...(signature of property owner)....
5396 Date: ...(date)....
5397 Section 179. Subsections (2) through (19) of section
5398 489.105, Florida Statutes, are renumbered as subsections (1)
5399 through (18), respectively, and subsection (1) and present
5400 subsection (6) of that section are amended, to read:
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5401 489.105 Definitions.—As used in this part:
5402 (1) "Board" means the Construction Industry Licensing
5403 Board.
5404 (5)(6) "Contracting" means, except as exempted in this
5405 part, engaging in business as a contractor and includes, but is
5406 not limited to, performance of any of the acts as set forth in
5407 subsection (2) (3) which define types of contractors. The
5408 attempted sale of contracting services and the negotiation or
5409 bid for a contract on these services also constitutes
5410 contracting. If the services offered require licensure or agent
5411 qualification, the offering, negotiation for a bid, or attempted
5412 sale of these services requires the corresponding licensure.
5413 However, the term "contracting" does shall not extend to an
5414 individual, partnership, corporation, trust, or other legal
5415 entity that offers to sell or sells completed residences on
5416 property on which the individual or business entity has any
5417 legal or equitable interest, or to the individual or business
5418 entity that offers to sell or sells manufactured or factory-
5419 built buildings that will be completed on site on property on
5420 which either party to a contract has any legal or equitable
5421 interest, if the services of a qualified contractor certified or
5422 registered pursuant to the requirements of this chapter have
5423 been or will be retained for the purpose of constructing or
5424 completing such residences.
5425 Section 180. Section 489.108, Florida Statutes, is amended
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5426 to read:
5427 489.108 Rulemaking authority.—The department board has
5428 authority to adopt rules pursuant to ss. 120.536(1) and 120.54
5429 to implement the provisions of this chapter conferring duties
5430 upon it.
5431 Section 181. Paragraphs (c), (e), (f), and (g) of
5432 subsection (1) and subsection (2) of section 489.109, Florida
5433 Statutes, are amended to read:
5434 489.109 Fees.—
5435 (1) The department board, by rule, shall establish
5436 reasonable fees to be paid for applications, certification and
5437 renewal, registration and renewal, and recordmaking and
5438 recordkeeping. The fees shall be established as follows:
5439 (c) The department board, by rule, may establish
5440 delinquency fees, not to exceed the applicable renewal fee for
5441 renewal applications made after the expiration date of the
5442 certificate or registration.
5443 (e) The department board, by rule, shall impose a renewal
5444 fee for an inactive status certificate or registration, not to
5445 exceed the renewal fee for an active status certificate or
5446 registration. Neither the inactive certification fee nor the
5447 inactive registration fee may exceed $50. The department board,
5448 by rule, may provide for a different fee for inactive status
5449 where such status is sought by a building code administrator,
5450 plans examiner, or inspector certified pursuant to part XII of
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5451 chapter 468 who is employed by a local government and is not
5452 allowed by the terms of such employment to maintain a
5453 certificate on active status issued pursuant to this part.
5454 (f) The department board, by rule, shall impose an
5455 additional late fee on a delinquent status certificateholder or
5456 registrant when such certificateholder or registrant applies for
5457 active or inactive status.
5458 (g) The department board, by rule, shall impose an
5459 additional fee, not to exceed the applicable renewal fee, which
5460 reasonably reflects the costs of processing a
5461 certificateholder's or registrant's request to change licensure
5462 status at any time other than at the beginning of a licensure
5463 cycle.
5464 (2) The board shall establish fees that are adequate to
5465 ensure the continued operation of the board. Fees shall be based
5466 on department estimates of the revenue required to implement
5467 this part and the provisions of law with respect to the
5468 regulation of the construction industry.
5469 Section 182. Paragraph (c) of subsection (2) and
5470 subsection (3) of section 489.111, Florida Statutes, are amended
5471 to read:
5472 489.111 Licensure by examination.—
5473 (2) A person shall be eligible for licensure by
5474 examination if the person:
5475 (c) Meets eligibility requirements according to one of the
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5476 following criteria:
5477 1. Has received a baccalaureate degree from an accredited
5478 4-year college in the appropriate field of engineering,
5479 architecture, or building construction and has 1 year of proven
5480 experience in the category in which the person seeks to qualify.
5481 For the purpose of this part, a minimum of 2,000 person-hours
5482 shall be used in determining full-time equivalency. An applicant
5483 who is exempt from passing an examination under s. 489.113(1) is
5484 eligible for a license under this section.
5485 2. Has a total of at least 4 years of active experience as
5486 a worker who has learned the trade by serving an apprenticeship
5487 as a skilled worker who is able to command the rate of a
5488 mechanic in the particular trade or as a foreman who is in
5489 charge of a group of workers and usually is responsible to a
5490 superintendent or a contractor or his or her equivalent;
5491 provided, however, that at least 1 year of active experience
5492 shall be as a foreman.
5493 3. Has a combination of not less than 1 year of experience
5494 as a foreman and not less than 3 years of credits for any
5495 accredited college-level courses; has a combination of not less
5496 than 1 year of experience as a skilled worker, 1 year of
5497 experience as a foreman, and not less than 2 years of credits
5498 for any accredited college-level courses; or has a combination
5499 of not less than 2 years of experience as a skilled worker, 1
5500 year of experience as a foreman, and not less than 1 year of
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5501 credits for any accredited college-level courses. All junior
5502 college or community college-level courses shall be considered
5503 accredited college-level courses.
5504 4.a. An active certified residential contractor is
5505 eligible to receive a certified building contractor license
5506 after passing or having previously passed the building
5507 contractors' examination if he or she possesses a minimum of 3
5508 years of proven experience in the classification in which he or
5509 she is certified.
5510 b. An active certified residential contractor is eligible
5511 to receive a certified general contractor license after passing
5512 or having previously passed the general contractors' examination
5513 if he or she possesses a minimum of 4 years of proven experience
5514 in the classification in which he or she is certified.
5515 c. An active certified building contractor is eligible to
5516 receive a certified general contractor license after passing or
5517 having previously passed the general contractors' examination if
5518 he or she possesses a minimum of 4 years of proven experience in
5519 the classification in which he or she is certified.
5520 5.a. An active certified air-conditioning Class C
5521 contractor is eligible to receive a certified air-conditioning
5522 Class B contractor license after passing or having previously
5523 passed the air-conditioning Class B contractors' examination if
5524 he or she possesses a minimum of 3 years of proven experience in
5525 the classification in which he or she is certified.
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5526 b. An active certified air-conditioning Class C contractor
5527 is eligible to receive a certified air-conditioning Class A
5528 contractor license after passing or having previously passed the
5529 air-conditioning Class A contractors' examination if he or she
5530 possesses a minimum of 4 years of proven experience in the
5531 classification in which he or she is certified.
5532 c. An active certified air-conditioning Class B contractor
5533 is eligible to receive a certified air-conditioning Class A
5534 contractor license after passing or having previously passed the
5535 air-conditioning Class A contractors' examination if he or she
5536 possesses a minimum of 1 year of proven experience in the
5537 classification in which he or she is certified.
5538 6.a. An active certified swimming pool servicing
5539 contractor is eligible to receive a certified residential
5540 swimming pool contractor license after passing or having
5541 previously passed the residential swimming pool contractors'
5542 examination if he or she possesses a minimum of 3 years of
5543 proven experience in the classification in which he or she is
5544 certified.
5545 b. An active certified swimming pool servicing contractor
5546 is eligible to receive a certified commercial swimming pool
5547 contractor license after passing or having previously passed the
5548 swimming pool commercial contractors' examination if he or she
5549 possesses a minimum of 4 years of proven experience in the
5550 classification in which he or she is certified.
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5551 c. An active certified residential swimming pool
5552 contractor is eligible to receive a certified commercial
5553 swimming pool contractor license after passing or having
5554 previously passed the commercial swimming pool contractors'
5555 examination if he or she possesses a minimum of 1 year of proven
5556 experience in the classification in which he or she is
5557 certified.
5558 d. An applicant is eligible to receive a certified
5559 swimming pool/spa servicing contractor license after passing or
5560 having previously passed the swimming pool/spa servicing
5561 contractors' examination if he or she has satisfactorily
5562 completed 60 hours of instruction in courses related to the
5563 scope of work covered by that license and approved by the
5564 department Construction Industry Licensing Board by rule and has
5565 at least 1 year of proven experience related to the scope of
5566 work of such a contractor.
5567 (3)(a) The department board may refuse to certify an
5568 applicant for failure to satisfy the requirement of good moral
5569 character only if:
5570 1. There is a substantial connection between the lack of
5571 good moral character of the applicant and the professional
5572 responsibilities of a certified contractor; and
5573 2. The finding by the department board of lack of good
5574 moral character is supported by clear and convincing evidence.
5575 (b) When an applicant is found to be unqualified for a
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5576 certificate because of a lack of good moral character, the
5577 department board shall furnish the applicant a statement
5578 containing the findings of the department board, a complete
5579 record of the evidence upon which the determination was based,
5580 and a notice of the rights of the applicant to a rehearing and
5581 appeal.
5582 Section 183. Subsections (1) and (2), paragraph (f) of
5583 subsection (3), and subsections (6), (7), and (8) of section
5584 489.113, Florida Statutes, are amended to read:
5585 489.113 Qualifications for practice; restrictions.—
5586 (1) Any person who desires to engage in contracting on a
5587 statewide basis shall, as a prerequisite thereto, establish his
5588 or her competency and qualifications to be certified pursuant to
5589 this part. To establish competency, a person shall pass the
5590 appropriate examination approved by the board and certified by
5591 the department. If an applicant has received a baccalaureate
5592 degree in building construction from an accredited 4-year
5593 college, or a related degree as approved by the department board
5594 by rule, and has a grade point average of 3.0 or higher, such
5595 applicant is only required to take and pass the business and
5596 finance portion of the examination. Any person who desires to
5597 engage in contracting on other than a statewide basis shall, as
5598 a prerequisite thereto, be registered pursuant to this part,
5599 unless exempted by this part.
5600 (2) A person must be certified or registered in order to
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5601 engage in the business of contracting in this state. However,
5602 for purposes of complying with the provisions of this chapter, a
5603 subcontractor who is not certified or registered may perform
5604 construction work under the supervision of a person who is
5605 certified or registered, provided that the work is within the
5606 scope of the supervising contractor's license, the supervising
5607 contractor is responsible for the work, and the subcontractor
5608 being supervised is not engaged in construction work that would
5609 require a license as a contractor under any of the categories
5610 listed in s. 489.105(2)(d)-(o) s. 489.105(3)(d)-(o). This
5611 subsection does not affect the application of any local
5612 construction licensing ordinances. To enforce this subsection:
5613 (a) The department shall issue a cease and desist order to
5614 prohibit any person from engaging in the business of contracting
5615 who does not hold the required certification or registration for
5616 the work being performed under this part. For the purpose of
5617 enforcing a cease and desist order, the department may file a
5618 proceeding in the name of the state seeking issuance of an
5619 injunction or a writ of mandamus against any person who violates
5620 any provision of such order.
5621 (b) A county, municipality, or local licensing board
5622 created by special act may issue a cease and desist order to
5623 prohibit any person from engaging in the business of contracting
5624 who does not hold the required certification or registration for
5625 the work being performed under this part.
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5626 (3) A contractor shall subcontract all electrical,
5627 mechanical, plumbing, roofing, sheet metal, swimming pool, and
5628 air-conditioning work, unless such contractor holds a state
5629 certificate or registration in the respective trade category,
5630 however:
5631 (f) A solar contractor may shall not be required to
5632 subcontract minor, as defined by department board rule,
5633 electrical, mechanical, plumbing, or roofing work so long as
5634 that work is within the scope of the license held by the solar
5635 contractor and where such work exclusively pertains to the
5636 installation of residential solar energy equipment as defined by
5637 rules of the department board adopted in conjunction with the
5638 Electrical Contracting Licensing Board.
5639 (6)(a) The department board shall, by rule, designate
5640 those types of specialty contractors which may be certified
5641 under this part. The limit of the scope of work and
5642 responsibility of a specialty contractor shall be established by
5643 the department board by rule. However, a certified specialty
5644 contractor category established by department board rule exists
5645 as a voluntary statewide licensing category and does not create
5646 a mandatory licensing requirement. Any mandatory statewide
5647 construction contracting licensure requirement may only be
5648 established through specific statutory provision.
5649 (b) By July 1, 2025, the department board shall, by rule,
5650 establish certified specialty contractor categories for
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5651 voluntary licensure for all of the following:
5652 1. Structural aluminum or screen enclosures.
5653 2. Marine seawall work.
5654 3. Marine bulkhead work.
5655 4. Marine dock work.
5656 5. Marine pile driving.
5657 6. Structural masonry.
5658 7. Structural prestressed, precast concrete work.
5659 8. Rooftop solar heating installation.
5660 9. Structural steel.
5661 10. Window and door installation, including garage door
5662 installation and hurricane or windstorm protection.
5663 11. Plaster and lath.
5664 12. Structural carpentry.
5665 (7) If an eligible applicant fails any contractor's
5666 written examination, except the general and building
5667 contractors' examination, and provides the department board with
5668 acceptable proof of lack of comprehension of written
5669 examinations, the applicant may petition the department board to
5670 be administered a uniform oral examination, subject to the
5671 following conditions:
5672 (a) The applicant documents 10 years of experience in the
5673 appropriate construction craft.
5674 (b) The applicant files written recommendations concerning
5675 his or her competency in the appropriate construction craft.
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5676 (c) The applicant is administered only one oral
5677 examination within a period of 1 year.
5678 (8) Any public record of the department board, when
5679 certified by the department executive director of the board or
5680 the executive director's representative, may be received as
5681 prima facie evidence in any administrative or judicial
5682 proceeding.
5683 Section 184. Subsection (1) of section 489.1131, Florida
5684 Statutes, is amended to read:
5685 489.1131 Credit for relevant military training and
5686 education.—
5687 (1) The department shall provide a method by which
5688 honorably discharged veterans may apply for licensure. The
5689 method must include a veteran-specific application and provide:
5690 (a) To the fullest extent possible, credit toward the
5691 requirements for licensure for military experience, training,
5692 and education received and completed during service in the
5693 United States Armed Forces if the military experience, training,
5694 or education is substantially similar to the experience,
5695 training, or education required for licensure.
5696 (b) Acceptance of up to 3 years of active duty service in
5697 the United States Armed Forces, regardless of duty or training,
5698 to meet the experience requirements of s. 489.111(2)(c). At
5699 least 1 additional year of active experience as a foreman in the
5700 trade, either civilian or military, is required to fulfill the
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5701 experience requirement of s. 489.111(2)(c).
5702
5703 The department board may adopt rules pursuant to ss. 120.536(1)
5704 and 120.54 to implement this subsection.
5705 Section 185. Subsection (1) of section 489.1136, Florida
5706 Statutes, is amended to read:
5707 489.1136 Medical gas certification.—
5708 (1)(a) In addition to the certification or registration
5709 required to engage in business as a plumbing contractor, any
5710 plumbing contractor who wishes to engage in the business of
5711 installation, improvement, repair, or maintenance of any tubing,
5712 pipe, or similar conduit used to transport gaseous or partly
5713 gaseous substances for medical purposes shall take, as part of
5714 the contractor's continuing education requirement, at least once
5715 during the holding of such license, a course of at least 6 hours
5716 before any installation, improvement, repair, or maintenance of
5717 any tubing, pipe, or similar conduit used to transport gaseous
5718 or partly gaseous substances for medical purposes. Such course
5719 shall be given by an instructional facility or teaching entity
5720 that has been approved by the department board. In order for a
5721 course to be approved, the department board must find that the
5722 course is designed to teach familiarity with the National Fire
5723 Prevention Association Standard 99C (Standard on Gas and Vacuum
5724 Systems, latest edition) and also designed to teach familiarity
5725 and practical ability in performing and inspecting brazing
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5726 duties required of medical gas installation, improvement,
5727 repair, or maintenance work. Such course shall issue a
5728 certificate of completion to the taker of the course, which
5729 certificate shall be available for inspection by any entity or
5730 person seeking to have such contractor engage in the business of
5731 installation, improvement, repair, or maintenance of a medical
5732 gas system.
5733 (b) Any other natural person who is employed by a licensed
5734 plumbing contractor to provide work on the installation,
5735 improvement, repair, or maintenance of a medical gas system,
5736 except as noted in paragraph (c), shall, as a prerequisite to
5737 his or her ability to provide such service, take a course
5738 approved by the department board. Such course shall be at least
5739 8 hours and consist of both classroom and practical work
5740 designed to teach familiarity with the National Fire Prevention
5741 Association Standard 99C (Standard on Gas and Vacuum Systems,
5742 latest edition) and also designed to teach familiarity and
5743 practical ability in performing and inspecting brazing duties
5744 required of medical gas installation, improvement, repair, or
5745 maintenance work. Such course shall also include the
5746 administration of a practical examination in the skills required
5747 to perform work as outlined above, including brazing, and each
5748 examination shall be reasonably constructed to test for
5749 knowledge of the subject matter. The person taking such course
5750 and examination must, upon successful completion of both, be
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5751 issued a certificate of completion by the giver of such course,
5752 which certificate shall be made available by the holder for
5753 inspection by any person or entity seeking to have such person
5754 perform work on the installation, improvement, repair, or
5755 maintenance of a medical gas system.
5756 (c) Any other natural person who wishes to perform only
5757 brazing duties incidental to the installation, improvement,
5758 repair, or maintenance of a medical gas system shall pass an
5759 examination designed to show that person's familiarity with and
5760 practical ability in performing brazing duties required of
5761 medical gas installation, improvement, repair, or maintenance.
5762 Such examination shall be from a test approved by the department
5763 board. Such examination must test for knowledge of National Fire
5764 Prevention Association Standard 99C (Standard on Gas and Vacuum
5765 Systems, latest edition). The person taking such examination
5766 must, upon passing such examination, be issued a certificate of
5767 completion by the giver of such examination, and such
5768 certificate shall be made available by the holder for inspection
5769 by any person or entity seeking to have or employ such person to
5770 perform brazing duties on a medical gas system.
5771 (d) It is the responsibility of the licensed plumbing
5772 contractor to ascertain whether members of his or her workforce
5773 are in compliance with this subsection, and such contractor is
5774 subject to discipline under s. 489.129 for violation of this
5775 subsection.
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5776 (e) Training programs in medical gas piping installation,
5777 improvement, repair, or maintenance shall be reviewed annually
5778 by the department board to ensure that programs have been
5779 provided equitably across the state.
5780 (f) Periodically, the department board shall review
5781 training programs in medical gas piping installation for quality
5782 in content and instruction in accordance with the National Fire
5783 Prevention Association Standard 99C (Standard on Gas and Vacuum
5784 Systems, latest edition). The department board shall also
5785 respond to complaints regarding approved programs.
5786 Section 186. Section 489.114, Florida Statutes, is amended
5787 to read:
5788 489.114 Evidence of workers' compensation coverage.—Except
5789 as provided in s. 489.115(5)(d), any person, business
5790 organization, or qualifying agent engaged in the business of
5791 contracting in this state and certified or registered under this
5792 part shall, as a condition precedent to the issuance or renewal
5793 of a certificate or registration of the contractor, provide to
5794 the department Construction Industry Licensing Board, as
5795 provided by department board rule, evidence of workers'
5796 compensation coverage pursuant to chapter 440. In the event that
5797 the Division of Workers' Compensation of the Department of
5798 Financial Services receives notice of the cancellation of a
5799 policy of workers' compensation insurance insuring a person or
5800 entity governed by this section, the Division of Workers'
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5801 Compensation shall certify and identify all persons or entities
5802 by certification or registration license number to the
5803 department after verification is made by the Division of
5804 Workers' Compensation that persons or entities governed by this
5805 section are no longer covered by workers' compensation
5806 insurance. Such certification and verification by the Division
5807 of Workers' Compensation may result from records furnished to
5808 the Division of Workers' Compensation by the persons or entities
5809 governed by this section or an investigation completed by the
5810 Division of Workers' Compensation. The department shall notify
5811 the persons or entities governed by this section who have been
5812 determined to be in noncompliance with chapter 440, and the
5813 persons or entities notified shall provide certification of
5814 compliance with chapter 440 to the department and pay an
5815 administrative fine in the amount of $500. The failure to
5816 maintain workers' compensation coverage as required by law shall
5817 be grounds for the department board to revoke, suspend, or deny
5818 the issuance or renewal of a certificate or registration of the
5819 contractor under the provisions of s. 489.129.
5820 Section 187. Paragraph (a) of subsection (2), subsection
5821 (3), paragraph (b) of subsection (4), and subsections (5), (6),
5822 (7), and (9) of section 489.115, Florida Statutes, are amended
5823 to read:
5824 489.115 Certification and registration; endorsement;
5825 reciprocity; renewals; continuing education.—
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5826 (2)(a) The department shall issue a certificate or
5827 registration to each person qualified by the department board
5828 and upon receipt of the original license fee.
5829 (3) The department board shall certify as qualified for
5830 certification by endorsement any applicant who:
5831 (a) Meets the requirements for certification as set forth
5832 in this section; has passed a national, regional, state, or
5833 United States territorial licensing examination that is
5834 substantially equivalent to the examination required by this
5835 part; and has satisfied the requirements set forth in s.
5836 489.111;
5837 (b) Holds a valid license to practice contracting issued
5838 by another state or territory of the United States, if the
5839 criteria for issuance of such license were substantially
5840 equivalent to Florida's current certification criteria;
5841 (c) Holds a valid, current license to practice contracting
5842 issued by another state or territory of the United States, if
5843 the state or territory has entered into a reciprocal agreement
5844 with the department board for the recognition of contractor
5845 licenses issued in that state, based on criteria for the
5846 issuance of such licenses that are substantially equivalent to
5847 the criteria for certification in this state; or
5848 (d) Has held a valid, current license to practice
5849 contracting issued by another state or territory of the United
5850 States for at least 10 years before the date of application and
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5851 is applying for the same or similar license in this state,
5852 subject to subsections (5)-(9). The department board may
5853 consider an applicant's technical competence to ensure the
5854 applicant is able to meet the requirements of this state's codes
5855 and standards for wind mitigation and water intrusion. The
5856 department board may also consider whether such applicant has
5857 had a license to practice contracting revoked, suspended, or
5858 otherwise acted against by the licensing authority of another
5859 state, territory, or country. Such application must be made
5860 either when the license in another state or territory is active
5861 or within 2 years after such license was last active. Division I
5862 contractors and roofing contractors must complete a 2-hour
5863 course on the Florida Building Code which includes information
5864 on wind mitigation techniques. The required courses may be
5865 completed online.
5866 (4)
5867 (b)1. Each certificateholder or registrant shall provide
5868 proof, in a form established by rule of the board, that the
5869 certificateholder or registrant has completed at least 14
5870 classroom hours of at least 50 minutes each of continuing
5871 education courses during each biennium since the issuance or
5872 renewal of the certificate or registration. The board shall
5873 establish by rule that a portion of the required 14 hours must
5874 deal with the subject of workers' compensation, business
5875 practices, workplace safety, and, for applicable licensure
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5876 categories, wind mitigation methodologies, and 1 hour of which
5877 must deal with laws and rules. The board shall by rule establish
5878 criteria for the approval of continuing education courses and
5879 providers, including requirements relating to the content of
5880 courses and standards for approval of providers, and may by rule
5881 establish criteria for accepting alternative nonclassroom
5882 continuing education on an hour-for-hour basis. The board shall
5883 prescribe by rule the continuing education, if any, which is
5884 required during the first biennium of initial licensure. A
5885 person who has been licensed for less than an entire biennium
5886 must not be required to complete the full 14 hours of continuing
5887 education.
5888 2. In addition, the board may approve specialized
5889 continuing education courses on compliance with the wind
5890 resistance provisions for one and two family dwellings contained
5891 in the Florida Building Code and any alternate methodologies for
5892 providing such wind resistance which have been approved for use
5893 by the Florida Building Commission. Division I
5894 certificateholders or registrants who demonstrate proficiency
5895 upon completion of such specialized courses may certify plans
5896 and specifications for one and two family dwellings to be in
5897 compliance with the code or alternate methodologies, as
5898 appropriate, except for dwellings located in floodways or
5899 coastal hazard areas as defined in ss. 60.3D and E of the
5900 National Flood Insurance Program.
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5901 3. The board shall require, by rule adopted pursuant to
5902 ss. 120.536(1) and 120.54, a specified number of hours in
5903 specialized or advanced module courses, approved by the Florida
5904 Building Commission, on any portion of the Florida Building
5905 Code, adopted pursuant to part IV of chapter 553, relating to
5906 the contractor's respective discipline.
5907 (5)(a) As a prerequisite to the initial issuance or the
5908 renewal of a certificate or registration, the applicant shall
5909 submit an affidavit on a form provided by the department board
5910 attesting to the fact that the applicant has obtained workers'
5911 compensation insurance as required by chapter 440, public
5912 liability insurance, and property damage insurance for the
5913 safety and welfare of the public, in amounts determined by rule
5914 of the department board. The department board shall by rule
5915 establish a procedure to verify the accuracy of such affidavits
5916 based upon a random sample method.
5917 (b) In addition to the affidavit of insurance, as a
5918 prerequisite to the initial issuance of a certificate, the
5919 applicant shall furnish a credit report from a nationally
5920 recognized credit agency that reflects the financial
5921 responsibility of the applicant and evidence of financial
5922 responsibility, credit, and business reputation of either
5923 himself or herself or the business organization he or she
5924 desires to qualify. The department board shall adopt rules
5925 defining financial responsibility based upon the applicant's
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5926 credit history, ability to be bonded, and any history of
5927 bankruptcy or assignment of receivers. The department board may
5928 also adopt rules that would allow applicants to demonstrate
5929 financial responsibility, as an alternative to the foregoing, by
5930 providing minimum credit scores or bonds payable as prescribed
5931 for financially responsible officers. Such rules shall specify
5932 the financial responsibility grounds on which the department
5933 board may refuse to qualify an applicant for certification.
5934 (c) If, within 60 days from the date the applicant is
5935 notified that he or she has qualified, he or she does not
5936 provide the evidence required, he or she shall apply to the
5937 department for an extension of time which shall be granted upon
5938 a showing of just cause.
5939 (d) An applicant for initial issuance of a certificate or
5940 registration shall submit as a prerequisite to qualifying for an
5941 exemption from workers' compensation coverage requirements under
5942 s. 440.05 an affidavit attesting to the fact that the applicant
5943 will obtain an exemption within 30 days after the date the
5944 initial certificate or registration is issued by the department
5945 board.
5946 (6) An applicant for initial issuance of a certificate or
5947 registration shall submit to a statewide criminal history
5948 records check through the Department of Law Enforcement. The
5949 Department of Business and Professional Regulation shall submit
5950 the requests for the criminal history records check to the
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5951 Department of Law Enforcement for state processing, and the
5952 Department of Law Enforcement shall return the results to the
5953 department to determine if the applicant meets certification or
5954 registration requirements. If the applicant has been convicted
5955 of a felony, the department board may deny licensure to the
5956 applicant based upon the severity of the crime, the relationship
5957 of the crime to contracting, or the potential for public harm.
5958 The department board shall also, in denying or approving
5959 licensure, consider the length of time since the commission of
5960 the crime and the rehabilitation of the applicant. The
5961 department board may not deny licensure to an applicant based
5962 solely upon a felony conviction or the applicant's failure to
5963 provide proof of restoration of civil rights.
5964 (7) An initial applicant shall, along with the
5965 application, and a certificateholder or registrant shall, upon
5966 requesting a change of status, submit to the department board a
5967 credit report from a nationally recognized credit agency that
5968 reflects the financial responsibility of the applicant or
5969 certificateholder or registrant. The credit report required for
5970 the initial applicant shall be considered the minimum evidence
5971 necessary to satisfy the department board that he or she is
5972 financially responsible to be certified, has the necessary
5973 credit and business reputation to engage in contracting in the
5974 state, and has the minimum financial stability necessary to
5975 avoid the problem of financial mismanagement or misconduct. The
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5976 department board shall, by rule, adopt guidelines for
5977 determination of financial stability, which may include minimum
5978 requirements for net worth, cash, and bonding for Division I
5979 certificateholders of no more than $20,000 and for Division II
5980 certificateholders of no more than $10,000. Fifty percent of the
5981 financial requirements may be met by completing a 14-hour
5982 financial responsibility course approved by the department
5983 board.
5984 (9) An initial applicant shall submit, along with the
5985 application, a complete set of fingerprints to the department.
5986 The fingerprints shall be submitted to the Department of Law
5987 Enforcement for state processing, and the Department of Law
5988 Enforcement shall forward them to the Federal Bureau of
5989 Investigation for national processing for the purpose of
5990 determining if the applicant has a criminal history record. The
5991 department shall and the department board may review the
5992 background results to determine if an applicant meets licensure
5993 requirements. The cost for the fingerprint processing shall be
5994 borne by the person subject to the background screening. These
5995 fees are to be collected by the authorized agencies or vendors.
5996 The authorized agencies or vendors are responsible for paying
5997 the processing costs to the Department of Law Enforcement.
5998 Section 188. Subsections (7) and (8) of section 489.116,
5999 Florida Statutes, are renumbered as subsections (6) and (7),
6000 respectively, and subsections (2) through (5) and subsection (6)
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6001 and present subsection (7) of that section are amended, to read:
6002 489.116 Inactive and delinquent status; renewal and
6003 cancellation notices.—
6004 (2) The department board shall permit a certificateholder
6005 or registrant to elect, at the time of licensure renewal, an
6006 active or inactive status.
6007 (3) An inactive status certificateholder or registrant may
6008 change to active status at any time, if the certificateholder or
6009 registrant meets all requirements for active status, pays any
6010 additional licensure fees necessary to equal those imposed on an
6011 active status certificateholder or registrant, pays any
6012 applicable late fees, and meets all continuing education
6013 requirements prescribed by the department board.
6014 (4) A certificateholder or registrant shall apply with a
6015 completed application, as determined by department board rule,
6016 to renew an active or inactive status certificate or
6017 registration before the certificate or registration expires.
6018 Failure of a certificateholder or registrant to so apply shall
6019 cause the certificate or registration to become a delinquent
6020 certificate or registration. Further, any delinquent
6021 certificateholder or registrant who fails to apply to renew
6022 licensure on either active or inactive status before expiration
6023 of the current licensure cycle must reapply in the same manner
6024 as an applicant for initial certification or registration.
6025 (5) A delinquent status certificateholder or registrant
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6026 must apply with a completed application, as determined by
6027 department board rule, for active or inactive status during the
6028 current licensure cycle. Failure by a delinquent status
6029 certificateholder or registrant to become active or inactive
6030 before the expiration of the current licensure cycle renders the
6031 certificate or registration void, and any subsequent licensure
6032 shall be subject to all procedures and requirements imposed on
6033 an applicant for initial licensure.
6034 (6) The board may not require an inactive
6035 certificateholder or registrant to complete more than one
6036 renewal cycle of continuing education for reactivating a
6037 certificate or registration.
6038 (6)(7) The status or any change in status of a
6039 certificateholder or registrant may shall not alter in any way
6040 the department's board's right to impose discipline or to
6041 enforce discipline previously imposed on a certificateholder or
6042 registrant for acts or omissions committed by the
6043 certificateholder or registrant while holding a certificate or
6044 registration.
6045 Section 189. Paragraphs (a) and (c) of subsection (1),
6046 subsection (2), paragraph (a) of subsection (3), and subsection
6047 (4) of section 489.117, Florida Statutes, are amended to read:
6048 489.117 Registration; specialty contractors.—
6049 (1)(a) A person engaged in the business of a contractor as
6050 defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o) must be
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6051 registered before engaging in business as a contractor in this
6052 state, unless he or she is certified. Except as provided in
6053 paragraph (2)(b), to be initially registered, the applicant must
6054 submit the required fee and file evidence of successful
6055 compliance with the local examination and licensing
6056 requirements, if any, in the area for which registration is
6057 desired. An examination is not required for registration.
6058 (c) Each registrant shall report to the department board
6059 each local jurisdiction and each category of registration in
6060 which the registrant holds a certificate of competency or
6061 license, or where the registrant has been granted a certificate
6062 of competency or license by reciprocal agreement, for which
6063 registration is required by this part, within 30 days after
6064 obtaining such certificate or license.
6065 (2)(a) Except as provided in paragraph (b), the department
6066 board may not issue a new registration after July 1, 1993, based
6067 on any certificate of competency or license for a category of
6068 contractor defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o)
6069 which is issued by a municipal or county government that does
6070 not exercise disciplinary control and oversight over such
6071 locally licensed contractors, including forwarding a recommended
6072 order in each action to the department board as provided in s.
6073 489.131(7). For purposes of this subsection and s. 489.131(10),
6074 the department board shall determine the adequacy of such
6075 disciplinary control by reviewing the local government's ability
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6076 to process and investigate complaints and to take disciplinary
6077 action against locally licensed contractors.
6078 (b) The department board shall issue a registration to an
6079 eligible applicant to engage in the business of a contractor in
6080 a specified local jurisdiction, provided each of the following
6081 conditions are satisfied:
6082 1. The applicant held, in any local jurisdiction in this
6083 state during 2021, 2022, or 2023, a certificate of registration
6084 issued by the state or a local license issued by a local
6085 jurisdiction to perform work in a category of contractor defined
6086 in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o).
6087 2. The applicant submits all of the following to the
6088 department board:
6089 a. Evidence of the certificate of registration or local
6090 license held by the applicant as required by subparagraph 1.
6091 b. Evidence that the specified local jurisdiction does not
6092 have a license type available for the category of work for which
6093 the applicant was issued a certificate of registration or local
6094 license during 2021, 2022, or 2023, such as a notification on
6095 the website of the local jurisdiction or an e-mail or letter
6096 from the office of the local building official or local building
6097 department stating that such license type is not available in
6098 that local jurisdiction.
6099 c. Evidence that the applicant has submitted the required
6100 fee.
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6101 d. Evidence of compliance with the insurance and financial
6102 responsibility requirements of s. 489.115(5).
6103
6104 An examination is not required for an applicant seeking a
6105 registration under this paragraph.
6106 (c) The department board is responsible for disciplining
6107 licensees issued a registration under paragraph (b). The
6108 department board shall make such licensure and disciplinary
6109 information available through the automated information system
6110 provided pursuant to s. 455.2286.
6111 (d) The fees for an applicant seeking a registration under
6112 paragraph (b) and renewal of such registration every 2 years are
6113 the same as the fees established by the department board for
6114 applications, registration and renewal, and record making and
6115 recordkeeping, as set forth in s. 489.109. The department shall
6116 provide license, renewal, and cancellation notices pursuant to
6117 ss. 455.273 and 455.275.
6118 (3)(a) Upon findings of fact supporting the need therefor,
6119 the department board may grant a limited nonrenewable
6120 registration to a contractor not domiciled in the state, for one
6121 project. During the period of such registration the department
6122 board may require compliance with this and any other statute of
6123 the state.
6124 (4)(a)1. A person whose job scope does not substantially
6125 correspond to either the job scope of one of the contractor
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6126 categories defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o),
6127 or the job scope of one of the certified specialty contractor
6128 categories established by department board rule, is not required
6129 to register with the department board. A local government, as
6130 defined in s. 163.211, may not require a person to obtain a
6131 license, issued by the local government or the state, for a job
6132 scope which does not substantially correspond to the job scope
6133 of one of the contractor categories defined in s. 489.105(2)(a)-
6134 (o) and (q) s. 489.105(3)(a)-(o) and (q) or authorized in s.
6135 489.1455(1), or the job scope of one of the certified specialty
6136 contractor categories established pursuant to s. 489.113(6). A
6137 local government may not require a state or local license to
6138 obtain a permit for such job scopes. For purposes of this
6139 section, job scopes for which a local government may not require
6140 a license include, but are not limited to, painting; flooring;
6141 cabinetry; interior remodeling when the scope of the project
6142 does not include a task for which a state license is required;
6143 driveway or tennis court installation; handyman services;
6144 decorative stone, tile, marble, granite, or terrazzo
6145 installation; plastering; pressure washing; stuccoing; caulking;
6146 and canvas awning and ornamental iron installation.
6147 2. A county that includes an area designated as an area of
6148 critical state concern under s. 380.05 may offer a license for
6149 any job scope which requires a contractor license under this
6150 part if the county imposed such a licensing requirement before
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6151 January 1, 2021.
6152 3. A local government may continue to offer a license for
6153 veneer, including aluminum or vinyl gutters, siding, soffit, or
6154 fascia; rooftop painting, coating, and cleaning above three
6155 stories in height; or fence installation and erection if the
6156 local government imposed such a licensing requirement before
6157 January 1, 2021.
6158 4. A local government may not require a license as a
6159 prerequisite to submit a bid for public works projects if the
6160 work to be performed does not require a license under general
6161 law.
6162 (b) The local jurisdictions are responsible for providing
6163 the following information to the department board within 30 days
6164 after licensure of, or any disciplinary action against, a
6165 locally licensed contractor who is registered under this part:
6166 1. Licensure information.
6167 2. Code violation information pursuant to s. 553.781.
6168 3. Disciplinary information.
6169
6170 The department board shall maintain such licensure and
6171 disciplinary information as it is provided to the department
6172 board and shall make the information available through the
6173 automated information system provided pursuant to s. 455.2286.
6174 (c) Providing discipline to such locally licensed
6175 contractors is the responsibility of the local jurisdiction.
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6176 (d) Any person who is not required to obtain registration
6177 or certification pursuant to s. 489.105(2)(d)-(o) s.
6178 489.105(3)(d)-(o) may perform contracting services for the
6179 construction, remodeling, repair, or improvement of single-
6180 family residences, including a townhouse as defined in the
6181 Florida Building Code, without obtaining a local license if such
6182 person is under the supervision of a certified or registered
6183 general, building, or residential contractor. As used in this
6184 paragraph, supervision may shall not be deemed to require the
6185 existence of a direct contract between the certified or
6186 registered general, building, or residential contractor and the
6187 person performing specialty contracting services.
6188 (e) Any person who is not certified or registered may
6189 perform the work of a specialty contractor whose scope of
6190 practice is limited to the type of work specified under s.
6191 489.105(2)(j), (k), or (l) s. 489.105(3)(j), (k), or (l) for the
6192 construction, remodeling, repair, or improvement of commercial
6193 or residential swimming pools, interactive water features as
6194 defined in the Florida Building Code, hot tubs, and spas without
6195 obtaining a local license or certification as a specialty
6196 contractor if he or she is supervised by a contractor who is
6197 certified or registered under s. 489.105(2)(j), (k), or (l) s.
6198 489.105(3)(j), (k), or (l); the work is within the scope of the
6199 supervising contractor's license; the supervising contractor is
6200 responsible for the work; and the work does not require
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6201 certification or registration under s. 489.105(2)(d)-(i), (m)-
6202 (o) s. 489.105(3)(d)-(i), (m)-(o), or s. 489.505. Such
6203 supervision does not require a direct contract between the
6204 contractor certified or registered under s. 489.105(2)(j), (k),
6205 or (l) s. 489.105(3)(j), (k), or (l) and the person performing
6206 the work, or for the person performing the work to be an
6207 employee of the contractor certified or registered under s.
6208 489.105(2)(j), (k), or (l) s. 489.105(3)(j), (k), or (l). This
6209 paragraph does not limit the exemptions provided in s. 489.103
6210 and may not be construed to expand the scope of a contractor
6211 certified or registered under s. 489.105(2)(j), (k), or (l) s.
6212 489.105(3)(j), (k), or (l) to provide plumbing or electrical
6213 services for which certification or registration is required by
6214 this part or part II.
6215 Section 190. Section 489.118, Florida Statutes, is amended
6216 to read:
6217 489.118 Certification of registered contractors;
6218 grandfathering provisions.—The department board shall, upon
6219 receipt of a completed application and appropriate fee, issue a
6220 certificate in the appropriate category to any contractor
6221 registered under this part who makes application to the
6222 department board and can show that he or she meets each of the
6223 following requirements:
6224 (1) Currently holds a valid registered local license in
6225 one of the contractor categories defined in s. 489.105(3)(a)-(p)
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6226 s. 489.105(3)(a)-(p).
6227 (2) Has, for that category, passed a written examination
6228 that the department board finds to be substantially similar to
6229 the examination required to be licensed as a certified
6230 contractor under this part. For purposes of this subsection, a
6231 written, proctored examination such as that produced by the
6232 National Assessment Institute, Block and Associates, NAI/Block,
6233 Experior Assessments, Professional Testing, Inc., or Assessment
6234 Systems, Inc., shall be considered to be substantially similar
6235 to the examination required to be licensed as a certified
6236 contractor. The department board may not impose or make any
6237 requirements regarding the nature or content of these cited
6238 examinations.
6239 (3) Has at least 5 years of experience as a contractor in
6240 that contracting category, or as an inspector or building
6241 administrator with oversight over that category, at the time of
6242 application. For contractors, only time periods in which the
6243 contractor license is active and the contractor is not on
6244 probation shall count toward the 5 years required by this
6245 subsection.
6246 (4) Has not had his or her contractor's license revoked at
6247 any time, had his or her contractor's license suspended within
6248 the last 5 years, or been assessed a fine in excess of $500
6249 within the last 5 years.
6250 (5) Is in compliance with the insurance and financial
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6251 responsibility requirements in s. 489.115(5).
6252 Section 191. Paragraphs (b), (c), and (e) of subsection
6253 (2), paragraph (a) of subsection (3), paragraphs (a), (b), and
6254 (e) of subsection (5), subsection (6), and paragraphs (a) and
6255 (b) of subsection (7) of section 489.119, Florida Statutes, are
6256 amended to read:
6257 489.119 Business organizations; qualifying agents.—
6258 (2) If the applicant proposes to engage in contracting as
6259 a business organization, including any partnership, corporation,
6260 business trust, or other legal entity, or in any name other than
6261 the applicant's legal name or a fictitious name where the
6262 applicant is doing business as a sole proprietorship, the
6263 applicant must apply for registration or certification as the
6264 qualifying agent of the business organization.
6265 (b)1. An application for registration or certification to
6266 qualify a business organization must include an affidavit on a
6267 form provided by the department board attesting that the
6268 applicant has final approval authority for all construction work
6269 performed by the business organization and that the applicant
6270 has final approval authority on all business matters, including
6271 contracts, specifications, checks, drafts, or payments,
6272 regardless of the form of payment, made by the business
6273 organization, except where a financially responsible officer is
6274 approved.
6275 2. The application for financially responsible officer
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6276 must include an affidavit on a form provided by the department
6277 board attesting that the applicant's approval is required for
6278 all checks, drafts, or payments, regardless of the form of
6279 payment, made by the business organization and that the
6280 applicant has authority to act for the business organization in
6281 all financial matters.
6282 3. The application for secondary qualifying agent must
6283 include an affidavit on a form provided by the department board
6284 attesting that the applicant has authority to supervise all
6285 construction work performed by the business organization as
6286 provided in s. 489.1195(2).
6287 (c) The department board may deny an application for
6288 registration or certification to qualify a business organization
6289 if the applicant, or any person listed in paragraph (a), has
6290 been involved in past disciplinary actions or on any grounds for
6291 which an individual registration or certification may be denied.
6292 (e) A joint venture, including a joint venture composed of
6293 qualified business organizations, is itself a separate and
6294 distinct organization that must be qualified in accordance with
6295 department board rules.
6296 (3)(a) A qualifying agent must be certified or registered
6297 under this part in order for the business organization to
6298 operate in the category of contracting in which the qualifying
6299 agent is certified or registered. If any qualifying agent ceases
6300 to be affiliated with a business organization, he or she shall
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6301 inform the department. In addition, if the qualifying agent is
6302 the only certified or registered contractor affiliated with the
6303 business organization, the business organization shall notify
6304 the department of the termination of the qualifying agent and
6305 shall have 60 days from the termination of the qualifying
6306 agent's affiliation with the business organization in which to
6307 employ another qualifying agent. The business organization may
6308 not engage in contracting until a qualifying agent is employed,
6309 unless the department executive director or chair of the board
6310 has granted a temporary nonrenewable certificate or registration
6311 to the financially responsible officer, the president, a
6312 partner, or, in the case of a limited partnership, the general
6313 partner, who assumes all responsibilities of a primary
6314 qualifying agent for the business organization. This temporary
6315 certificate or registration shall only allow the business
6316 organization to proceed with incomplete contracts. For the
6317 purposes of this paragraph, an incomplete contract is one which
6318 has been awarded to, or entered into by, the business
6319 organization before prior to the cessation of affiliation of the
6320 qualifying agent with the business organization or one on which
6321 the business organization was the low bidder and the contract is
6322 subsequently awarded, regardless of whether any actual work has
6323 commenced under the contract before prior to the qualifying
6324 agent ceasing to be affiliated with the business organization.
6325 (5)(a) Each registered or certified contractor shall affix
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6326 the number of his or her registration or certification to each
6327 application for a building permit and on each building permit
6328 issued and recorded. Each city or county building department
6329 shall require, as a precondition for the issuance of the
6330 building permit, that the contractor taking out the permit must
6331 provide verification giving his or her department Construction
6332 Industry Licensing Board registration or certification number.
6333 (b) The registration or certification number of each
6334 contractor shall appear in each offer of services, business
6335 proposal, bid, contract, or advertisement, regardless of medium,
6336 as defined by department board rule, used by that contractor or
6337 business organization in the practice of contracting.
6338 (e) The department board shall issue a notice of
6339 noncompliance for the first offense, and may assess a fine or
6340 issue a citation for failure to correct the offense within 30
6341 days or for any subsequent offense, to any contractor or
6342 business organization that fails to include the certification or
6343 registration number as required by this part when submitting an
6344 advertisement for publication, broadcast, or printing or fails
6345 to display the certification or registration number as required
6346 by this part.
6347 (6) Each qualifying agent shall pay the department an
6348 amount equal to the original fee for registration or
6349 certification to qualify a new business organization. If the
6350 qualifying agent for a business organization desires to qualify
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6351 additional business organizations, the department board shall
6352 require the qualifying agent to present evidence of his or her
6353 ability to supervise the construction activities of each such
6354 organization. Approval of each business organization is
6355 discretionary with the department board.
6356 (7)(a) A business organization proposing to engage in
6357 contracting is not required to apply for or obtain authorization
6358 under this part to engage in contracting if:
6359 1. The business organization employs one or more
6360 registered or certified contractors licensed in accordance with
6361 this part who are responsible for obtaining permits and
6362 supervising all of the business organization's contracting
6363 activities;
6364 2. The business organization engages only in contracting
6365 on property owned by the business organization or by its parent,
6366 subsidiary, or affiliated entities; and
6367 3. The business organization, or its parent entity if the
6368 business organization is a wholly owned subsidiary, maintains a
6369 minimum net worth of $20 million.
6370 (b) Any business organization engaging in contracting
6371 under this subsection shall provide the department board with
6372 the name and license number of each registered or certified
6373 contractor employed by the business organization to supervise
6374 its contracting activities. The business organization is not
6375 required to post a bond or otherwise evidence any financial or
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6376 credit information except as necessary to demonstrate compliance
6377 with paragraph (a).
6378 Section 192. Paragraphs (b) and (d) of subsection (1),
6379 paragraphs (a) and (b) of subsection (2), and paragraphs (a) and
6380 (b) of subsection (3) of section 489.1195, Florida Statutes, are
6381 amended to read:
6382 489.1195 Responsibilities.—
6383 (1) A qualifying agent is a primary qualifying agent
6384 unless he or she is a secondary qualifying agent under this
6385 section.
6386 (b) Upon approval by the department board, a business
6387 entity may designate a financially responsible officer for
6388 purposes of certification or registration. A financially
6389 responsible officer shall be responsible for all financial
6390 aspects of the business organization and may not be designated
6391 as the primary qualifying agent. The designated financially
6392 responsible officer shall furnish evidence of the financial
6393 responsibility, credit, and business reputation of either
6394 himself or herself, or the business organization he or she
6395 desires to qualify, as determined appropriate by the department
6396 board.
6397 (d) The department board shall adopt rules prescribing the
6398 qualifications for financially responsible officers, including
6399 net worth, cash, and bonding requirements. These qualifications
6400 must be at least as extensive as the requirements for the
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6401 financial responsibility of qualifying agents.
6402 (2)(a) One of the qualifying agents for a business
6403 organization that has more than one qualifying agent may be
6404 designated as the sole primary qualifying agent for the business
6405 organization by a joint agreement that is executed, on a form
6406 provided by the department board, by all qualifying agents for
6407 the business organization.
6408 (b) The joint agreement must be submitted to the
6409 department board for approval. If the department board
6410 determines that the joint agreement is in good order, it shall
6411 approve the designation and immediately notify the qualifying
6412 agents of such approval. The designation made by the joint
6413 agreement is effective upon receipt of the notice by the
6414 qualifying agents.
6415 (3)(a) A qualifying agent who has been designated by a
6416 joint agreement as the sole primary qualifying agent for a
6417 business organization may terminate this status as such by
6418 giving actual notice to the business organization, to the
6419 department board, and to all secondary qualifying agents of his
6420 or her intention to terminate this status. The notice to the
6421 department board must include proof satisfactory to the
6422 department board that he or she has given the notice required in
6423 this paragraph.
6424 (b) The status of the qualifying agent shall cease upon
6425 the designation of a new primary qualifying agent or 60 days
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6426 after satisfactory notice of termination has been provided to
6427 the department board, whichever first occurs.
6428 Section 193. Section 489.121, Florida Statutes, is amended
6429 to read:
6430 489.121 Emergency registration upon death of contractor.—
6431 If an incomplete contract exists at the time of death of a
6432 contractor, the contract may be completed by any person even
6433 though not certified or registered. Such person shall notify the
6434 department board, within 30 days after the death of the
6435 contractor, of his or her name and address, knowledge of the
6436 contract, and ability to complete it. If the department board
6437 approves, he or she may proceed with the contract. For purposes
6438 of this section, an incomplete contract is one which has been
6439 awarded to, or entered into by, the contractor before his or her
6440 death, or on which he or she was the low bidder and the contract
6441 is subsequently awarded to him or her, regardless of whether any
6442 actual work has commenced under the contract before the
6443 contractor's death.
6444 Section 194. Subsection (1) of section 489.126, Florida
6445 Statutes, is amended to read:
6446 489.126 Moneys received by contractors.—
6447 (1) For purposes of this section, the term "contractor"
6448 includes all definitions as set forth in s. 489.105(2) s.
6449 489.105(3), and any person performing or contracting or
6450 promising to perform work described therein, without regard to
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6451 the licensure of the person.
6452 Section 195. Subsection (6) of section 489.127, Florida
6453 Statutes, is amended to read:
6454 489.127 Prohibitions; penalties.—
6455 (6) Local building departments may collect outstanding
6456 fines against registered or certified contractors issued by the
6457 department Construction Industry Licensing Board and may retain
6458 75 percent of the fines they are able to collect, provided that
6459 they transmit 25 percent of the fines they are able to collect
6460 to the department according to a procedure to be determined by
6461 the department.
6462 Section 196. Subsections (1) through (9), paragraph (d) of
6463 subsection (11), and subsection (12) of section 489.129, Florida
6464 Statutes, are amended to read:
6465 489.129 Disciplinary proceedings.—
6466 (1) The department board may take any of the following
6467 actions against any certificateholder or registrant: place on
6468 probation or reprimand the licensee, revoke, suspend, or deny
6469 the issuance or renewal of the certificate or registration,
6470 require financial restitution to a consumer for financial harm
6471 directly related to a violation of a provision of this part,
6472 impose an administrative fine not to exceed $10,000 per
6473 violation, require continuing education, or assess costs
6474 associated with investigation and prosecution, if the
6475 contractor, financially responsible officer, or business
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6476 organization for which the contractor is a primary qualifying
6477 agent, a financially responsible officer, or a secondary
6478 qualifying agent responsible under s. 489.1195 is found guilty
6479 of any of the following acts:
6480 (a) Obtaining a certificate or registration by fraud or
6481 misrepresentation.
6482 (b) Being convicted or found guilty of, or entering a plea
6483 of nolo contendere to, regardless of adjudication, a crime in
6484 any jurisdiction which directly relates to the practice of
6485 contracting or the ability to practice contracting.
6486 (c) Violating any provision of chapter 455.
6487 (d) Performing any act which assists a person or entity in
6488 engaging in the prohibited uncertified and unregistered practice
6489 of contracting, if the certificateholder or registrant knows or
6490 has reasonable grounds to know that the person or entity was
6491 uncertified and unregistered.
6492 (e) Knowingly combining or conspiring with an uncertified
6493 or unregistered person by allowing his or her certificate or
6494 registration to be used by the uncertified or unregistered
6495 person with intent to evade the provisions of this part. When a
6496 certificateholder or registrant allows his or her certificate or
6497 registration to be used by one or more business organizations
6498 without having any active participation in the operations,
6499 management, or control of such business organizations, such act
6500 constitutes prima facie evidence of an intent to evade the
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6501 provisions of this part.
6502 (f) Acting in the capacity of a contractor under any
6503 certificate or registration issued hereunder except in the name
6504 of the certificateholder or registrant as set forth on the
6505 issued certificate or registration, or in accordance with the
6506 personnel of the certificateholder or registrant as set forth in
6507 the application for the certificate or registration, or as later
6508 changed as provided in this part.
6509 (g) Committing mismanagement or misconduct in the practice
6510 of contracting that causes financial harm to a customer.
6511 Financial mismanagement or misconduct occurs when:
6512 1. Valid liens have been recorded against the property of
6513 a contractor's customer for supplies or services ordered by the
6514 contractor for the customer's job; the contractor has received
6515 funds from the customer to pay for the supplies or services; and
6516 the contractor has not had the liens removed from the property,
6517 by payment or by bond, within 75 days after the date of such
6518 liens;
6519 2. The contractor has abandoned a customer's job and the
6520 percentage of completion is less than the percentage of the
6521 total contract price paid to the contractor as of the time of
6522 abandonment, unless the contractor is entitled to retain such
6523 funds under the terms of the contract or refunds the excess
6524 funds within 30 days after the date the job is abandoned; or
6525 3. The contractor's job has been completed, and it is
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6526 shown that the customer has had to pay more for the contracted
6527 job than the original contract price, as adjusted for subsequent
6528 change orders, unless such increase in cost was the result of
6529 circumstances beyond the control of the contractor, was the
6530 result of circumstances caused by the customer, or was otherwise
6531 permitted by the terms of the contract between the contractor
6532 and the customer.
6533 (h) Being disciplined by any municipality or county for an
6534 act or violation of this part.
6535 (i) Failing in any material respect to comply with the
6536 provisions of this part or violating a rule or lawful order of
6537 the department board.
6538 (j) Abandoning a construction project in which the
6539 contractor is engaged or under contract as a contractor. A
6540 project may be presumed abandoned after 90 days if the
6541 contractor terminates the project without just cause or without
6542 proper notification to the owner, including the reason for
6543 termination, or fails to perform work without just cause for 90
6544 consecutive days.
6545 (k) Signing a statement with respect to a project or
6546 contract falsely indicating that the work is bonded; falsely
6547 indicating that payment has been made for all subcontracted
6548 work, labor, and materials which results in a financial loss to
6549 the owner, purchaser, or contractor; or falsely indicating that
6550 workers' compensation and public liability insurance are
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6551 provided.
6552 (l) Committing fraud or deceit in the practice of
6553 contracting.
6554 (m) Committing incompetency or misconduct in the practice
6555 of contracting.
6556 (n) Committing gross negligence, repeated negligence, or
6557 negligence resulting in a significant danger to life or
6558 property.
6559 (o) Proceeding on any job without obtaining applicable
6560 local building department permits and inspections.
6561 (p) Intimidating, threatening, coercing, or otherwise
6562 discouraging the service of a notice to owner under part I of
6563 chapter 713 or a notice to contractor under chapter 255 or part
6564 I of chapter 713.
6565 (q) Failing to satisfy within a reasonable time, the terms
6566 of a civil judgment obtained against the licensee, or the
6567 business organization qualified by the licensee, relating to the
6568 practice of the licensee's profession.
6569 (r) Committing misapplication of construction funds in
6570 violation of s. 713.345. If a contractor, subcontractor, sub-
6571 subcontractor, or other person licensed by the department board
6572 under this chapter is convicted of misapplication of
6573 construction funds, the department board must suspend all
6574 licenses issued to such licensee under this chapter for a
6575 minimum of 1 year from the date of conviction. The suspension
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6576 required under this paragraph is not exclusive, and the
6577 department board may impose any additional penalties set forth
6578 in this subsection.
6579
6580 For the purposes of this subsection, construction is considered
6581 to be commenced when the contract is executed and the contractor
6582 has accepted funds from the customer or lender. A contractor
6583 does not commit a violation of this subsection when the
6584 contractor relies on a building code interpretation rendered by
6585 a building official or person authorized by s. 553.80 to enforce
6586 the building code, absent a finding of fraud or deceit in the
6587 practice of contracting, or gross negligence, repeated
6588 negligence, or negligence resulting in a significant danger to
6589 life or property on the part of the building official, in a
6590 proceeding under chapter 120.
6591 (2) If a registrant or certificateholder disciplined under
6592 subsection (1) is a qualifying agent or financially responsible
6593 officer for a business organization and the violation was
6594 performed in connection with a construction project undertaken
6595 by that business organization, the department board may impose
6596 an additional administrative fine not to exceed $5,000 per
6597 violation against the business organization or against any
6598 partner, officer, director, trustee, or member if such person
6599 participated in the violation or knew or should have known of
6600 the violation and failed to take reasonable corrective action.
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6601 (3) The department board may specify by rule the acts or
6602 omissions which constitute violations of this section.
6603 (4) In recommending penalties in any proposed recommended
6604 final order, the department shall follow the penalty guidelines
6605 established by the department board by rule. The department
6606 shall advise the administrative law judge of the appropriate
6607 penalty, including mitigating and aggravating circumstances, and
6608 the specific rule citation.
6609 (5) The department board may not reinstate the
6610 certification or registration of, or cause a certificate or
6611 registration to be issued to, a person who or business
6612 organization which the department board has determined is
6613 unqualified or whose certificate or registration the department
6614 board has suspended until it is satisfied that such person or
6615 business organization has complied with all the terms and
6616 conditions set forth in the final order and is capable of
6617 competently engaging in the business of contracting.
6618 (6)(a) The department board may assess interest or
6619 penalties on all fines imposed under this chapter against any
6620 person or business organization which has not paid the imposed
6621 fine by the due date established by rule or final order. The
6622 provisions of chapter 120 do not apply to such assessment.
6623 Interest rates to be imposed shall be established by rule and
6624 may shall not be usurious.
6625 (b) Venue for all actions to enforce any fine levied by
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6626 the department board shall be in Duval County. The department
6627 board is authorized to enter into contracts with private
6628 businesses or attorneys to collect such fines with payment for
6629 such collections made on a contingent fee basis. All such
6630 contracts shall be publicly advertised and competitively awarded
6631 based upon responses submitted to a request for proposals
6632 developed by the department board.
6633 (7) The department may board shall not issue or renew a
6634 certificate or registration to any person or business
6635 organization that has been assessed a fine, interest, or costs
6636 associated with investigation and prosecution, or has been
6637 ordered to pay restitution, until such fine, interest, or costs
6638 associated with investigation and prosecution or restitution are
6639 paid in full or until all terms and conditions of the final
6640 order have been satisfied.
6641 (8) If the department board finds any certified or
6642 registered contractor guilty of a violation, the department
6643 board may, as part of its disciplinary action, require such
6644 contractor to obtain continuing education in the areas of
6645 contracting affected by such violation.
6646 (9) Any person certified or registered pursuant to this
6647 part who has had his or her license revoked may shall not be
6648 eligible to be a partner, officer, director, or trustee of a
6649 business organization defined by this section or be employed in
6650 a managerial or supervisory capacity for a 5-year period. Such
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6651 person shall also be ineligible to reapply for certification or
6652 registration under this part for a period of 5 years after the
6653 effective date of the revocation.
6654 (11)
6655 (d) The arbitrator's order shall become a final order of
6656 the department board if not challenged by the complainant or the
6657 certificateholder or registrant within 30 days after filing. The
6658 department's board's review of the arbitrator's order shall
6659 operate in the manner of the review of recommended orders
6660 pursuant to s. 120.57(1) and may shall not be a de novo review.
6661 (12) When an investigation of a contractor is undertaken,
6662 the department shall promptly furnish to the contractor or the
6663 contractor's attorney a copy of the complaint or document that
6664 resulted in the initiation of the investigation. The department
6665 shall make the complaint and supporting documents available to
6666 the contractor. The complaint or supporting documents shall
6667 contain information regarding the specific facts that serve as
6668 the basis for the complaint. The contractor may submit a written
6669 response to the information contained in such complaint or
6670 document within 20 days after service to the contractor of the
6671 complaint or document. The contractor's written response shall
6672 be considered by the probable cause panel. The right to respond
6673 does not prohibit the issuance of a summary emergency order if
6674 necessary to protect the public. However, if the department
6675 decides secretary, or the secretary's designee, and the chair of
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6676 the board or the chair of the probable cause panel agree in
6677 writing that such notification would be detrimental to the
6678 investigation, the department may withhold notification. The
6679 department may conduct an investigation without notification to
6680 a contractor if the act under investigation is a criminal
6681 offense.
6682 Section 197. Paragraphs (c) and (f) of subsection (3),
6683 paragraphs (b) and (c) of subsection (6), paragraphs (c), (d),
6684 (e), and (f) of subsection (7), and subsections (10), (11), and
6685 (12) of section 489.131, Florida Statutes, are amended to read:
6686 489.131 Applicability.—
6687 (3) Nothing in this part limits the power of a
6688 municipality or county:
6689 (c) To collect business taxes, subject to s. 205.065, and
6690 inspection fees for engaging in contracting or examination fees
6691 from persons who are registered with the department board
6692 pursuant to local examination requirements and issue business
6693 tax receipts. However, nothing in this part shall be construed
6694 to require general contractors, building contractors, or
6695 residential contractors to obtain additional business tax
6696 receipts for specialty work when such specialty work is
6697 performed by employees of such contractors on projects for which
6698 they have substantially full responsibility and such contractors
6699 do not hold themselves out to the public as being specialty
6700 contractors.
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6701 (f) To refuse to issue permits or issue permits with
6702 specific conditions to a contractor who has committed multiple
6703 violations, when he or she has been disciplined for each of them
6704 by the department board and when each disciplinary action has
6705 involved revocation or suspension of a license, imposition of an
6706 administrative fine of at least $1,000, or probation; or to
6707 issue permits with specific conditions to a contractor who,
6708 within the previous 12 months, has had disciplinary action other
6709 than a citation or letter of guidance taken against him or her
6710 by the department or by a local board or agency which licenses
6711 contractors and has reported the action pursuant to paragraph
6712 (6)(c), for engaging in the business or acting in the capacity
6713 of a contractor without a license. However, this subsection does
6714 not supersede the provisions of s. 489.113(4), and no county or
6715 municipality may require any certificateholder to obtain a local
6716 professional license or pay a local professional license fee as
6717 a condition of performing any services within the scope of the
6718 certificateholder's statewide license as established under this
6719 part.
6720 (6)
6721 (b) To engage in contracting in the territorial area, an
6722 applicant shall also be registered with the department board, as
6723 required by s. 489.117.
6724 (c) Each local board or agency that licenses contractors
6725 must transmit quarterly to the department board a report of any
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6726 disciplinary action taken against contractors and of any
6727 administrative or disciplinary action taken against unlicensed
6728 persons for engaging in the business or acting in the capacity
6729 of a contractor including any cease and desist orders issued
6730 pursuant to s. 489.113(2)(b) and any fine issued pursuant to s.
6731 489.127(5).
6732 (7)
6733 (c) In addition to any action the local jurisdiction
6734 enforcement body may take against the individual's local
6735 license, and any fine the local jurisdiction may impose, the
6736 local jurisdiction enforcement body shall issue a recommended
6737 penalty for department board action. This recommended penalty
6738 may include a recommendation for no further action, or a
6739 recommendation for suspension, restitution, revocation, or
6740 restriction of the registration, or a fine to be levied by the
6741 department board, or a combination thereof. The recommended
6742 penalty must specify the violations of this chapter upon which
6743 the recommendation is based. The local jurisdiction enforcement
6744 body shall inform the disciplined contractor and the complainant
6745 of the local license penalty imposed, the department board
6746 penalty recommended, his or her rights to appeal, and the
6747 consequences should he or she decide not to appeal. The local
6748 jurisdiction enforcement body shall, upon having reached
6749 adjudication or having accepted a plea of nolo contendere,
6750 immediately inform the department board of its action and the
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6751 recommended department board penalty.
6752 (d) The department, the disciplined contractor, or the
6753 complainant may challenge the local jurisdiction enforcement
6754 body's recommended penalty for department board action to the
6755 department Construction Industry Licensing Board. A challenge
6756 shall be filed within 60 days after the issuance of the
6757 recommended penalty to the department board. If challenged,
6758 there is a presumptive finding of probable cause and the case
6759 may proceed without the need for a probable cause hearing.
6760 (e) Failure of the department, the disciplined contractor,
6761 or the complainant to challenge the local jurisdiction's
6762 recommended penalty within the time period set forth in this
6763 subsection shall constitute a waiver of the right to a hearing
6764 before the department board. A waiver of the right to a hearing
6765 before the department board shall be deemed an admission of the
6766 violation, and the penalty recommended shall become a final
6767 order according to procedures developed by department board rule
6768 without further department board action. The disciplined
6769 contractor may appeal this department board action to the
6770 district court.
6771 (f)1. The department may investigate any complaint which
6772 is made with the department. However, the department may not
6773 initiate or pursue any complaint against a registered contractor
6774 who is not also a certified contractor where a local
6775 jurisdiction enforcement body has jurisdiction over the
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6776 complaint, unless summary procedures are initiated by the
6777 secretary pursuant to s. 455.225(8), or unless the local
6778 jurisdiction enforcement body has failed to investigate and
6779 prosecute a complaint, or make a finding of no violation, within
6780 6 months of receiving the complaint. The department shall refer
6781 the complaint to the local jurisdiction enforcement body for
6782 investigation, and if appropriate, prosecution. However, the
6783 department may investigate such complaints to the extent
6784 necessary to determine whether summary procedures should be
6785 initiated.
6786 2. Upon a recommendation by the department, the department
6787 board may make conditional, suspend, or rescind its
6788 determination of the adequacy of the local government
6789 enforcement body's disciplinary procedures granted under s.
6790 489.117(2).
6791 (10) No municipal or county government may issue any
6792 certificate of competency or license for any contractor defined
6793 in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o) after July 1, 1993,
6794 unless such local government exercises disciplinary control and
6795 oversight over such locally licensed contractors, including
6796 forwarding a recommended order in each action to the department
6797 board as provided in subsection (7). Each local board that
6798 licenses and disciplines contractors must have at least two
6799 consumer representatives on that board. If the local board has
6800 seven or more members, at least three of those members must be
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6801 consumer representatives. The consumer representative may be any
6802 resident of the local jurisdiction who is not, and has never
6803 been, a member or practitioner of a profession regulated by the
6804 department board or a member of any closely related profession.
6805 (11) Any municipal or county government which enters or
6806 has in place a reciprocal agreement which accepts a certificate
6807 of competency or license issued by another municipal or county
6808 government in lieu of its own certificate of competency or
6809 license allowing contractors defined in s. 489.105(2)(a)-(o) s.
6810 489.105(3)(a)-(o), shall file a certified copy of such agreement
6811 with the department board not later than 60 days after July 1,
6812 1993, or 30 days after the effective date of such agreement.
6813 (12) Unless specifically provided, the provisions of this
6814 part does shall not be construed to create a civil cause of
6815 action.
6816 Section 198. Subsection (5) of section 489.132, Florida
6817 Statutes, is amended to read:
6818 489.132 Prohibited acts by unlicensed principals;
6819 investigation; hearing; penalties.—
6820 (5) The department may suspend, revoke, or deny issuance
6821 or renewal of a certificate or registration for any individual
6822 or business organization that associates a person as an officer,
6823 director, or partner, or in a managerial or supervisory
6824 capacity, after such person has been found under a final order
6825 to have violated this section or was an officer, director,
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6826 partner, trustee, or manager of a business organization
6827 disciplined by the department board by revocation, suspension,
6828 or fine in excess of $2,500, upon finding reasonable cause that
6829 such person knew or reasonably should have known of the conduct
6830 leading to the discipline.
6831 Section 199. Subsections (2) and (4) of section 489.133,
6832 Florida Statutes, are amended to read:
6833 489.133 Pollutant storage systems specialty contractors;
6834 definitions; certification; restrictions.—
6835 (2) The department board shall adopt rules providing
6836 standards for registration of precision tank testers who
6837 precision test a pollutant storage tank. The Department of
6838 Environmental Protection shall approve the methodology,
6839 procedures, and equipment used and shall approve the applicant
6840 as being eligible for registration as a registered precision
6841 tank tester. A registered precision tank tester is subject to
6842 the provisions of ss. 489.129 and 489.132 and is considered a
6843 contractor operating as a primary qualifying agent for the
6844 business entity employing him or her, which is considered a
6845 contracting firm for the purposes of ss. 489.129 and 489.132. A
6846 person who registers under this subsection is exempt from
6847 municipal, county, or development district registration under s.
6848 489.117 and may operate as a precision tank tester statewide.
6849 (4) The department board shall adopt rules providing
6850 standards for certification of pollutant storage systems
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6851 specialty contractors, including persons who remove such
6852 systems. The department board shall provide the proposed rules
6853 to the Department of Environmental Protection for review and
6854 comment before prior to adoption. The rules shall include, but
6855 not be limited to:
6856 (a) Standards for operating as a pollutant storage systems
6857 specialty contractor.
6858 (b) Requirements for certification as a pollutant storage
6859 systems specialty contractor.
6860 (c) Requirements for certification without examination of
6861 pollutant storage systems specialty contractors for any person
6862 who has passed a local licensure examination, a licensure
6863 examination in another state, or a licensure examination of a
6864 national organization, which is at least as stringent as the
6865 examination adopted by the department board.
6866 Section 200. Subsections (1) and (2) of section 489.1401,
6867 Florida Statutes, are amended to read:
6868 489.1401 Legislative intent.—
6869 (1) It is the intent of the Legislature that actions taken
6870 by the department Construction Industry Licensing Board with
6871 respect to contractor sanctions and pursuant to this chapter are
6872 an exercise of the department's regulatory power for the
6873 protection of public safety and welfare.
6874 (2) It is the intent of the Legislature that the sole
6875 purpose of the Florida Homeowners' Construction Recovery Fund is
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6876 to compensate an aggrieved claimant who contracted for the
6877 construction or improvement of the homeowner's residence located
6878 within this state and who has obtained a final judgment in a
6879 court of competent jurisdiction, was awarded restitution by the
6880 department Construction Industry Licensing Board, or received an
6881 award in arbitration against a licensee on grounds of financial
6882 mismanagement or misconduct, abandoning a construction project,
6883 or making a false statement with respect to a project. Such
6884 grievance must arise directly out of a transaction conducted
6885 when the judgment debtor was licensed and must involve an act
6886 enumerated in s. 489.129(1)(g), (j), or (k).
6887 Section 201. Paragraphs (c) through (l) of subsection (1)
6888 of section 489.1402, Florida Statutes, are redesignated as
6889 paragraphs (b) through (k), respectively, and paragraph (b) and
6890 present paragraph (d) of that subsection are amended, to read:
6891 489.1402 Homeowners' Construction Recovery Fund;
6892 definitions.—
6893 (1) The following definitions apply to ss. 489.140-
6894 489.144:
6895 (b) "Board" means the Construction Industry Licensing
6896 Board.
6897 (c)(d) "Contractor" means a Division I or Division II
6898 contractor performing his or her respective services described
6899 in s. 489.105(2) s. 489.105(3).
6900 Section 202. Paragraphs (a), (e), (f), and (g) of
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6901 subsection (1), paragraph (f) of subsection (2), and subsection
6902 (3) of section 489.141, Florida Statutes, are amended to read:
6903 489.141 Conditions for recovery; eligibility.—
6904 (1) A claimant is eligible to seek recovery from the
6905 recovery fund after making a claim and exhausting the limits of
6906 any available bond, cash bond, surety, guarantee, warranty,
6907 letter of credit, or policy of insurance if each of the
6908 following conditions is satisfied:
6909 (a) The claimant has received a final judgment in a court
6910 of competent jurisdiction in this state or has received an award
6911 in arbitration or the department Construction Industry Licensing
6912 Board has issued a final order directing the licensee to pay
6913 restitution to the claimant. The department board may waive this
6914 requirement if:
6915 1. The claimant is unable to secure a final judgment
6916 against the licensee due to the death of the licensee; or
6917 2. The claimant has sought to have assets involving the
6918 transaction that gave rise to the claim removed from the
6919 bankruptcy proceedings so that the matter might be heard in a
6920 court of competent jurisdiction in this state and, after due
6921 diligence, the claimant is precluded by action of the bankruptcy
6922 court from securing a final judgment against the licensee.
6923 (e) The contract was executed and the violation occurred
6924 on or after July 1, 1993, and provided that:
6925 1. The claimant has caused to be issued a writ of
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6926 execution upon such judgment, and the officer executing the writ
6927 has made a return showing that no personal or real property of
6928 the judgment debtor or licensee liable to be levied upon in
6929 satisfaction of the judgment can be found or that the amount
6930 realized on the sale of the judgment debtor's or licensee's
6931 property pursuant to such execution was insufficient to satisfy
6932 the judgment;
6933 2. If the claimant is unable to comply with subparagraph
6934 1. for a valid reason to be determined by the department board,
6935 the claimant has made all reasonable searches and inquiries to
6936 ascertain whether the judgment debtor or licensee is possessed
6937 of real or personal property or other assets subject to being
6938 sold or applied in satisfaction of the judgment and by his or
6939 her search has discovered no property or assets or has
6940 discovered property and assets and has taken all necessary
6941 action and proceedings for the application thereof to the
6942 judgment but the amount thereby realized was insufficient to
6943 satisfy the judgment; and
6944 3. The claimant has made a diligent attempt, as defined by
6945 department board rule, to collect the restitution awarded by the
6946 department board.
6947 (f) A claim for recovery is made within 1 year after the
6948 conclusion of any civil, criminal, or administrative action or
6949 award in arbitration based on the act. This paragraph applies to
6950 any claim filed with the department board after October 1, 1998.
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6951 (g) Any amounts recovered by the claimant from the
6952 judgment debtor or licensee, or from any other source, have been
6953 applied to the damages awarded by the court or the amount of
6954 restitution ordered by the department board.
6955 (2) A claimant is not qualified to make a claim for
6956 recovery from the recovery fund if:
6957 (f) The claimant had entered into a contract with a
6958 licensee to perform a scope of work described in s.
6959 489.105(2)(d)-(q) s. 489.105(3)(d)-(q) before July 1, 2016.
6960 (3) The department board may determine by rule
6961 documentation that is required to complete a claim.
6962 Section 203. Section 489.142, Florida Statutes, is amended
6963 to read:
6964 489.142 Department Board powers relating to recovery;
6965 conduct of hearings and service.—
6966 (1) With respect to actions for recovery from the recovery
6967 fund, the department board may intervene, enter an appearance,
6968 file an answer, defend the action, or take any action it deems
6969 appropriate and may take recourse through any appropriate method
6970 of review on behalf of the State of Florida. The department
6971 board may delegate to the department by rule the authority to
6972 close any case when a claimant is not qualified to make a claim
6973 for recovery from the recovery fund under s. 489.141(2); when
6974 after notice the claimant has failed to provide documentation in
6975 support of the claim as required by the department board; or
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6976 when the licensee has reached the aggregate limit.
6977 (2) Notwithstanding any other provision of law, the
6978 department board shall cause a notice of hearing to be served 14
6979 days in advance of the hearing on the claimant and on the
6980 licensee whose license is subject to suspension by s. 489.143.
6981 Each notice shall inform the recipient of any administrative
6982 hearing or judicial review that is available under s. 120.569,
6983 s. 120.57, or s. 120.68; shall indicate the procedure that must
6984 be followed to obtain the hearing or judicial review; and shall
6985 state the time limits that apply. Service of the notice on the
6986 licensee shall be made in accordance with s. 455.275. Service of
6987 the notice on the claimant shall be by regular United States
6988 mail at the address provided on the claim. The service of notice
6989 in accordance with this section is complete upon expiration of
6990 14 days after deposit in the United States mail. Proof of
6991 service of a notice shall be made by entry in the records of the
6992 department that the notice was given. The entry shall be
6993 admissible in judicial and administrative proceedings of this
6994 state and shall constitute sufficient proof that notice was
6995 given.
6996 (3) Notwithstanding any other provision of law, department
6997 board hearings on claims shall be conducted in accordance with
6998 ss. 120.569 and 120.57(2). All claim hearings shall be conducted
6999 at the department's board's regular meeting at the place, date,
7000 and time published. Orders of the department board denying or
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7001 awarding funds to a claimant constitute final orders that may be
7002 appealed in accordance with s. 120.68. Orders awarding or
7003 denying claims shall be served in the same manner as notices of
7004 hearing in this section.
7005 Section 204. Section 489.1425, Florida Statutes, is
7006 amended to read:
7007 489.1425 Duty of contractor to notify residential property
7008 owner of recovery fund.—
7009 (1) Each agreement or contract for repair, restoration,
7010 improvement, or construction to residential real property must
7011 contain a written statement explaining the consumer's rights
7012 under the recovery fund, except where the value of all labor and
7013 materials does not exceed $2,500. The written statement must be
7014 substantially in the following form:
7015
7016 FLORIDA HOMEOWNERS' CONSTRUCTION
7017 RECOVERY FUND
7018 PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
7019 FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY
7020 ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
7021 FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
7022 CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A
7023 CLAIM, CONTACT THE FLORIDA DEPARTMENT OF BUSINESS AND
7024 PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD AT
7025 THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
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7026
7027 The statement must shall be immediately followed by the
7028 department's board's address and telephone number as established
7029 by department board rule.
7030 (2)(a) Upon finding a first violation of subsection (1),
7031 the department board may fine the contractor up to $500, and the
7032 moneys must be deposited into the recovery fund.
7033 (b) Upon finding a second or subsequent violation of
7034 subsection (1), the department board shall fine the contractor
7035 $1,000 per violation, and the moneys must be deposited into the
7036 recovery fund.
7037 Section 205. Subsections (1), (2), (4), and (6) of section
7038 489.143, Florida Statutes, are amended to read:
7039 489.143 Payment from the fund.—
7040 (1) The fund shall be disbursed as provided in s. 489.141
7041 on a final order of the department board.
7042 (2) A claimant who meets all of the conditions prescribed
7043 in s. 489.141 may apply to the department board to cause payment
7044 to be made to a claimant from the recovery fund in an amount
7045 equal to the judgment, award, or restitution order or $25,000,
7046 whichever is less, or an amount equal to the unsatisfied portion
7047 of such person's judgment, award, or restitution order, but only
7048 to the extent and amount of actual damages suffered by the
7049 claimant, and only up to the maximum payment allowed for each
7050 respective Division I and Division II claim. Payment from the
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7051 fund for other costs related to or pursuant to civil proceedings
7052 such as postjudgment interest, attorney fees, court costs,
7053 medical damages, and punitive damages is prohibited. The
7054 recovery fund is not obligated to pay a judgment, an award, or a
7055 restitution order, or any portion thereof, which is not
7056 expressly based on one of the grounds for recovery set forth in
7057 s. 489.141.
7058 (4) Upon receipt by a claimant under subsection (2) of
7059 payment from the recovery fund, the claimant shall assign his or
7060 her additional right, title, and interest in the judgment,
7061 award, or restitution order, to the extent of such payment, to
7062 the department board, and thereupon the department board shall
7063 be subrogated to the right, title, and interest of the claimant;
7064 and any amount subsequently recovered on the judgment, award, or
7065 restitution order, to the extent of the right, title, and
7066 interest of the department board therein, shall be for the
7067 purpose of reimbursing the recovery fund.
7068 (6) For contracts entered into before July 1, 2004,
7069 payments for claims against any one licensee may not exceed, in
7070 the aggregate, $100,000 annually, up to a total aggregate of
7071 $250,000. For any claim approved by the department board which
7072 is in excess of the annual cap, the amount in excess of $100,000
7073 up to the total aggregate cap of $250,000 is eligible for
7074 payment in the next and succeeding fiscal years, but only after
7075 all claims for the then-current calendar year have been paid.
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7076 Payments may not exceed the aggregate annual or per claimant
7077 limits under law. Beginning January 1, 2005, for each Division I
7078 contract entered into after July 1, 2004, payment from the
7079 recovery fund is subject only to a total aggregate cap of
7080 $500,000 for each Division I licensee. Beginning January 1,
7081 2017, for each Division II contract entered into on or after
7082 July 1, 2016, payment from the recovery fund is subject only to
7083 a total aggregate cap of $150,000 for each Division II licensee.
7084 Beginning January 1, 2025, for Division I and Division II
7085 contracts entered into on or after July 1, 2024, payment from
7086 the recovery fund is subject only to a total aggregate cap of $2
7087 million for each Division I licensee and $600,000 for each
7088 Division II licensee.
7089 Section 206. Paragraph (a) of subsection (1) of section
7090 489.1455, Florida Statutes, is amended to read:
7091 489.1455 Journeyman; reciprocity; standards.—
7092 (1) Counties and municipalities are authorized to issue
7093 journeyman licenses in the plumbing, pipe fitting, mechanical,
7094 or HVAC trades to an individual who:
7095 (a) Has scored at least 70 percent, or after October 1,
7096 1997, at least 75 percent, on a proctored journeyman Block and
7097 Associates examination or other proctored examination approved
7098 by the department board for the trade in which he or she is
7099 licensed;
7100 Section 207. Section 489.146, Florida Statutes, is amended
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7101 to read:
7102 489.146 Privatization of services.—Notwithstanding any
7103 other provision of this part relating to the review of licensure
7104 applications, issuance of licenses and renewals, collection of
7105 revenues, fees, and fines, service of documents, publications,
7106 and printing, and other ministerial functions of the department
7107 relating to the regulation of contractors, the department shall
7108 make all reasonable efforts to contract with one or more private
7109 entities for provision of such services, when such services can
7110 be provided in a more efficient manner by private entities. The
7111 department or the department board shall retain final authority
7112 for licensure decisions and rulemaking, including all appeals or
7113 other legal action resulting from such licensure decisions or
7114 rulemaking.
7115 Section 208. Subsection (1) of section 489.509, Florida
7116 Statutes, is amended to read:
7117 489.509 Fees.—
7118 (1) The department board, by rule, shall establish fees to
7119 be paid for applications, examination, reexamination, transfers,
7120 licensing and renewal, reinstatement, and recordmaking and
7121 recordkeeping. The examination fee shall be in an amount that
7122 covers the cost of obtaining and administering the examination
7123 and shall be refunded if the applicant is found ineligible to
7124 sit for the examination. The application fee is nonrefundable.
7125 The fee for initial application and examination for
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7126 certification of electrical contractors may not exceed $400. The
7127 initial application fee for registration may not exceed $150.
7128 The biennial renewal fee may not exceed $400 for
7129 certificateholders and $200 for registrants. The fee for initial
7130 application and examination for certification of alarm system
7131 contractors may not exceed $400. The biennial renewal fee for
7132 certified alarm system contractors may not exceed $450. The
7133 department board may establish a fee for a temporary certificate
7134 as an alarm system contractor not to exceed $75. The department
7135 board may also establish by rule a delinquency fee not to exceed
7136 $50. The fee to transfer a certificate or registration from one
7137 business organization to another may not exceed $200. The fee
7138 for reactivation of an inactive license may not exceed $50. The
7139 department board shall establish fees that are adequate to
7140 ensure the continued operation of the department board. Fees
7141 shall be based on department estimates of the revenue required
7142 to implement this part and the provisions of law with respect to
7143 the regulation of electrical contractors and alarm system
7144 contractors.
7145 Section 209. Section 489.510, Florida Statutes, is amended
7146 to read:
7147 489.510 Evidence of workers' compensation coverage.—Except
7148 as provided in s. 489.515(3)(b), any person, business
7149 organization, or qualifying agent engaged in the business of
7150 contracting in this state and certified or registered under this
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7151 part shall, as a condition precedent to the issuance or renewal
7152 of a certificate or registration of the contractor, provide to
7153 the department Electrical Contractors' Licensing Board, as
7154 provided by department board rule, evidence of workers'
7155 compensation coverage pursuant to chapter 440. In the event that
7156 the Division of Workers' Compensation of the Department of
7157 Financial Services receives notice of the cancellation of a
7158 policy of workers' compensation insurance insuring a person or
7159 entity governed by this section, the Division of Workers'
7160 Compensation shall certify and identify all persons or entities
7161 by certification or registration license number to the
7162 department after verification is made by the Division of
7163 Workers' Compensation that persons or entities governed by this
7164 section are no longer covered by workers' compensation
7165 insurance. Such certification and verification by the Division
7166 of Workers' Compensation may result from records furnished to
7167 the Division of Workers' Compensation by the persons or entities
7168 governed by this section or an investigation completed by the
7169 Division of Workers' Compensation. The department shall notify
7170 the persons or entities governed by this section who have been
7171 determined to be in noncompliance with chapter 440, and the
7172 persons or entities notified shall provide certification of
7173 compliance with chapter 440 to the department and pay an
7174 administrative fine in the amount of $500. The failure to
7175 maintain workers' compensation coverage as required by law shall
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7176 be grounds for the department board to revoke, suspend, or deny
7177 the issuance or renewal of a certificate or registration of the
7178 contractor under the provisions of s. 489.533.
7179 Section 210. Paragraph (b) of subsection (1) and
7180 subsections (2) through (5) of section 489.511, Florida
7181 Statutes, are amended to read:
7182 489.511 Certification; application; examinations;
7183 endorsement.—
7184 (1)
7185 (b) Any person desiring to be certified as a contractor
7186 shall apply to the department in writing and must meet the
7187 following criteria:
7188 1. Be of good moral character;
7189 2. Pass the certification examination, achieving a passing
7190 grade as established by department board rule; and
7191 3. Meet eligibility requirements according to one of the
7192 following criteria:
7193 a. Has, within the 6 years immediately preceding the
7194 filing of the application, at least 3 years of proven management
7195 experience in the trade or education equivalent thereto, or a
7196 combination thereof, but not more than one-half of such
7197 experience may be educational equivalent;
7198 b. Has, within the 8 years immediately preceding the
7199 filing of the application, at least 4 years of experience as a
7200 supervisor or contractor in the trade for which he or she is
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7201 making application, or at least 4 years of experience as a
7202 supervisor in electrical or alarm system work with the United
7203 States Armed Forces;
7204 c. Has, within the 12 years immediately preceding the
7205 filing of the application, at least 6 years of comprehensive
7206 training, technical education, or supervisory experience
7207 associated with an electrical or alarm system contracting
7208 business, or at least 6 years of technical experience,
7209 education, or training in electrical or alarm system work with
7210 the United States Armed Forces or a governmental entity;
7211 d. Has, within the 12 years immediately preceding the
7212 filing of the application, been licensed for 3 years as a
7213 professional engineer who is qualified by education, training,
7214 or experience to practice electrical engineering; or
7215 e. Has any combination of qualifications under sub-
7216 subparagraphs a.-c. totaling 6 years of experience.
7217 (2) The department board may determine by rule the number
7218 of times per year the applicant may take the examination and
7219 after three unsuccessful attempts may require the applicant to
7220 complete additional college-level or technical education courses
7221 in the areas of deficiency, as determined by the department
7222 board, as a condition of future eligibility to take the
7223 examination.
7224 (3)(a) "Good moral character" means a personal history of
7225 honesty, fairness, and respect for the rights of others and for
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7226 laws of this state and nation.
7227 (b) The department board may determine that an individual
7228 applying for certification is ineligible for failure to satisfy
7229 the requirement of good moral character only if:
7230 1. There is a substantial connection between the lack of
7231 good moral character of the individual and the professional
7232 responsibilities of a certified contractor; and
7233 2. The finding by the department board of lack of good
7234 moral character is supported by clear and convincing evidence.
7235 (c) When an individual is found to be unqualified for
7236 certification because of a lack of good moral character, the
7237 department board shall furnish such individual a statement
7238 containing the findings of the department board, a complete
7239 record of the evidence upon which the determination was based,
7240 and a notice of the rights of the individual to a rehearing and
7241 appeal.
7242 (4) The department board shall, by rule, designate those
7243 types of specialty electrical or alarm system contractors who
7244 may be certified under this part. The limit of the scope of work
7245 and responsibility of a certified specialty contractor shall be
7246 established by department board rule. A certified specialty
7247 contractor category exists as an optional statewide licensing
7248 category. Qualification for certification in a specialty
7249 category created by rule shall be the same as set forth in
7250 paragraph (1)(b). The existence of a specialty category created
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7251 by rule does not itself create any licensing requirement;
7252 however, neither does its optional nature remove any licensure
7253 requirement established elsewhere in this part.
7254 (5) The department board shall certify as qualified for
7255 certification by endorsement any individual applying for
7256 certification who:
7257 (a) Meets the requirements for certification as set forth
7258 in this section; has passed a national, regional, state, or
7259 United States territorial licensing examination that is
7260 substantially equivalent to the examination required by this
7261 part; and has satisfied the requirements set forth in s.
7262 489.521;
7263 (b) Holds a valid license to practice electrical or alarm
7264 system contracting issued by another state or territory of the
7265 United States, if the criteria for issuance of such license were
7266 substantially equivalent to the certification criteria that
7267 existed in this state at the time the certificate was issued; or
7268 (c) Has held a valid, current license to practice
7269 electrical or alarm system contracting issued by another state
7270 or territory of the United States for at least 10 years before
7271 the date of application and is applying for the same or similar
7272 license in this state, subject to ss. 489.510 and 489.521(3)(a)
7273 and subparagraph (1)(b)1. Such application must be made either
7274 when the license in another state or territory is active or
7275 within 2 years after such license was last active. Electrical
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7276 contractors and alarm system contractors must complete a 2-hour
7277 course on the Florida Building Code. The required courses may be
7278 completed online.
7279 Section 211. Paragraph (c) of subsection (1) and
7280 subsections (3) and (6) of section 489.513, Florida Statutes,
7281 are amended to read:
7282 489.513 Registration; application; requirements.—
7283 (1) Any person engaged in the business of contracting in
7284 the state shall be registered in the proper classification
7285 unless he or she is certified. Any person desiring to be a
7286 registered contractor shall apply to the department for
7287 registration and must:
7288 (c) Meet eligibility requirements according to the
7289 following criteria:
7290 1. As used in this subsection, the term "good moral
7291 character" means a personal history of honesty, fairness, and
7292 respect for the rights of others and for state and federal law.
7293 2. The department board may determine that an individual
7294 applying for registration is ineligible due to failure to
7295 satisfy the requirement of good moral character only if:
7296 a. There is a substantial connection between the lack of
7297 good moral character of the individual and the professional
7298 responsibilities of a registered contractor; and
7299 b. The finding by the department board of lack of good
7300 moral character is supported by clear and convincing evidence.
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7301 3. When an individual is found to be unqualified because
7302 of lack of good moral character, the department board must
7303 furnish such individual a statement containing the findings of
7304 the department board, a complete record of evidence upon which
7305 the determination was based, and a notice of the rights of the
7306 individual to a rehearing and an appeal.
7307 (3) To be registered as an electrical contractor, an alarm
7308 system contractor I, an alarm system contractor II, or a
7309 residential alarm system contractor, the applicant shall file
7310 evidence of holding a current certificate of competency issued
7311 by any municipality or county of the state for the type of work
7312 for which registration is desired, on a form provided by the
7313 department, together with evidence of having passed an
7314 appropriate local examination, written or oral, designed to test
7315 skills and knowledge relevant to the technical performance of
7316 the profession, accompanied by the registration fee fixed
7317 pursuant to this part. For any person working or wishing to work
7318 in any local jurisdiction that does not require an examination
7319 for its license, the applicant may apply and shall be considered
7320 qualified to be issued a registration in the appropriate
7321 electrical or alarm system category, provided that he or she
7322 shows that he or she has scored at least 75 percent on an
7323 examination which is substantially equivalent to the examination
7324 approved by the department board for certification in the
7325 category and that he or she has had at least 3 years' technical
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7326 experience in the trade. The requirement to take and pass an
7327 examination in order to obtain a registration does shall not
7328 apply to persons making application before prior to the
7329 effective date of this act.
7330 (6) The local jurisdictions are responsible for providing
7331 the following information to the department board within 30 days
7332 after licensure of, or any disciplinary action against, a
7333 locally licensed contractor who is registered under this part:
7334 (a) Licensure information.
7335 (b) Code violation information pursuant to s. 553.781.
7336 (c) Disciplinary information.
7337
7338 The department board shall maintain such licensure and
7339 disciplinary information as it is provided to the department
7340 board and shall make the information available through the
7341 automated information system provided pursuant to s. 455.2286.
7342 Section 212. Section 489.514, Florida Statutes, is amended
7343 to read:
7344 489.514 Certification for registered contractors;
7345 grandfathering provisions.—
7346 (1) The department board shall, upon receipt of a
7347 completed application, appropriate fee, and proof of compliance
7348 with the provisions of this section, issue:
7349 (a) To an applying registered electrical contractor, a
7350 certificate as an electrical contractor, as defined in s.
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7351 489.505(12);
7352 (b) To an applying registered alarm system contractor, a
7353 certificate in the matching alarm system contractor category, as
7354 defined in s. 489.505(2)(a) or (b); or
7355 (c) To an applying registered electrical specialty
7356 contractor, a certificate in the matching electrical specialty
7357 contractor category, as defined in s. 489.505(19).
7358 (2) Any contractor registered under this part who makes
7359 application under this section to the department board shall
7360 meet each of the following requirements for certification:
7361 (a) Currently holds a valid registered local license in
7362 the category of electrical contractor, alarm system contractor,
7363 or electrical specialty contractor.
7364 (b) Has, for that category, passed a written, proctored
7365 examination that the department board finds to be substantially
7366 similar to the examination required to be licensed as a
7367 certified contractor under this part. For purposes of this
7368 subsection, a written, proctored examination such as that
7369 produced by the National Assessment Institute, Block and
7370 Associates, NAI/Block, Experior Assessments, Professional
7371 Testing, Inc., or Assessment Systems, Inc., shall be considered
7372 to be substantially similar to the examination required to be
7373 licensed as a certified contractor. The department board may not
7374 impose or make any requirements regarding the nature or content
7375 of these cited examinations.
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7376 (c) Has at least 5 years of experience as a contractor in
7377 that contracting category, or as an inspector or building
7378 administrator with oversight over that category, at the time of
7379 application. For contractors, only time periods in which the
7380 contractor license is active and the contractor is not on
7381 probation shall count toward the 5 years required under this
7382 subsection.
7383 (d) Has not had his or her contractor's license revoked at
7384 any time, had his or her contractor's license suspended in the
7385 last 5 years, or been assessed a fine in excess of $500 in the
7386 last 5 years.
7387 (e) Is in compliance with the insurance and financial
7388 responsibility requirements in s. 489.515(1)(b).
7389 Section 213. Subsections (1) through(4) of section
7390 489.515, Florida Statutes, are amended to read:
7391 489.515 Issuance of certificates; registrations.—
7392 (1)(a) The department shall issue a certificate to a
7393 person who the department board certifies is qualified to become
7394 a certified contractor.
7395 (b) The department board shall certify as qualified for
7396 certification any person who satisfies the requirements of s.
7397 489.511 and who submits satisfactory evidence that he or she has
7398 obtained both workers' compensation insurance or an acceptable
7399 exemption certificate issued by the department and public
7400 liability and property damage insurance for the health, safety,
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7401 and welfare of the public in amounts determined by rule of the
7402 department board, and furnishes evidence of financial
7403 responsibility, credit, and business reputation of either
7404 himself or herself or the business organization he or she
7405 desires to qualify.
7406 (c) Upon compliance with the provisions of this section
7407 and payment of the certification fee, the department shall issue
7408 the person a certificate.
7409 (2) The department shall issue a registration to a person
7410 who is in compliance with the provisions of s. 489.513 and who
7411 the department board certifies is qualified to be registered.
7412 (3)(a) As a prerequisite to the initial issuance or the
7413 renewal of a certificate or registration, the applicant shall
7414 submit an affidavit on a form provided by the department board
7415 attesting to the fact that the applicant has obtained both
7416 workers' compensation insurance or an acceptable exemption
7417 certificate issued by the department and public liability and
7418 property damage insurance for the health, safety, and welfare of
7419 the public in amounts determined by rule of the department
7420 board. The department board shall by rule establish a procedure
7421 to verify the accuracy of such affidavits based upon a random
7422 audit method.
7423 (b) An applicant for initial issuance of a certificate or
7424 registration shall submit as a prerequisite to qualifying for an
7425 exemption from workers' compensation coverage requirements under
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7426 s. 440.05 an affidavit attesting to the fact that the applicant
7427 will obtain an exemption within 30 days after the date the
7428 initial certificate or registration is issued by the department
7429 board.
7430 (4) The department board may refuse to certify any
7431 applicant who has violated any of the provisions of s. 489.533.
7432 Section 214. Subsection (4) of section 489.516, Florida
7433 Statutes, is amended to read:
7434 489.516 Qualifications to practice; restrictions;
7435 prerequisites.—
7436 (4) A county or municipality may suspend or deny a locally
7437 issued permit when the local building official, tax collector,
7438 or other authorized person determines that the contractor has
7439 failed to obtain both workers' compensation insurance or an
7440 acceptable exemption certificate issued by the department and
7441 public liability and property damage insurance in the amounts
7442 determined by rule of the department board.
7443 Section 215. Section 489.5161, Florida Statutes, is
7444 amended to read:
7445 489.5161 Credit for relevant military training and
7446 education.—
7447 (1) The department shall provide a method by which
7448 honorably discharged veterans may apply for licensure. The
7449 method must include a veteran-specific application and provide,
7450 to the fullest extent possible, credit toward the requirements
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7451 for licensure for military experience, training, and education
7452 received and completed during service in the United States Armed
7453 Forces if the military experience, training, or education is
7454 substantially similar to the experience, training, or education
7455 required for licensure. The department board may adopt rules
7456 pursuant to ss. 120.536(1) and 120.54 to implement this
7457 subsection.
7458 (2) Notwithstanding any other provision of law, beginning
7459 October 1, 2017, and annually thereafter, the department, in
7460 conjunction with the board, is directed to prepare and submit a
7461 report titled "Construction and Electrical Contracting Veteran
7462 Applicant Statistics" to the Governor, the President of the
7463 Senate, and the Speaker of the House of Representatives. The
7464 report shall include statistics and information relating to this
7465 section and s. 489.1131 which detail:
7466 (a) The number of applicants who identified themselves as
7467 veterans.
7468 (b) The number of veterans whose application for a license
7469 was approved.
7470 (c) The number of veterans whose application for a license
7471 was denied, including data on the reasons for denial.
7472 (d) Data on the application processing times for veterans.
7473 (e) Recommendations on ways to improve the department's
7474 ability to meet the needs of veterans which would effectively
7475 address the challenges that veterans face when separating from
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7476 military service and seeking a license regulated by the
7477 department pursuant to this part.
7478 Section 216. Subsections (4), (5), and (6) of section
7479 489.517, Florida Statutes, are renumbered as subsections (3),
7480 (4), and (5), respectively, and subsection (3) and present
7481 subsections (5) and (6) of that section are amended, to read:
7482 489.517 Renewal of certificate or registration; continuing
7483 education.—
7484 (3)(a) Each certificateholder or registrant licensed as a
7485 specialty contractor or an alarm system contractor shall provide
7486 proof, in a form established by rule of the board, that the
7487 certificateholder or registrant has completed at least 7
7488 classroom hours of at least 50 minutes each of continuing
7489 education courses during each biennium since the issuance or
7490 renewal of the certificate or registration. The board shall by
7491 rule establish criteria for the approval of continuing education
7492 courses and providers and may by rule establish criteria for
7493 accepting alternative nonclassroom continuing education on an
7494 hour-for-hour basis.
7495 (b) Each certificateholder or registrant licensed as an
7496 electrical contractor shall provide proof, in a form established
7497 by rule of the board, that the certificateholder or registrant
7498 has completed at least 11 classroom hours of at least 50 minutes
7499 each of continuing education courses during each biennium since
7500 the issuance or renewal of the certificate or registration. The
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7501 board shall by rule establish criteria for the approval of
7502 continuing education courses and providers and may by rule
7503 establish criteria for accepting alternative nonclassroom
7504 continuing education on an hour-for-hour basis.
7505 (4)(5) By applying for renewal, each certificateholder or
7506 registrant certifies that he or she has continually maintained
7507 the required amounts of public liability and property damage
7508 insurance as specified by department board rule. The department
7509 board shall establish by rule a procedure to verify the public
7510 liability and property damage insurance for a specified period,
7511 based upon a random sampling method.
7512 (5)(6) The department board shall require, by rule adopted
7513 pursuant to ss. 120.536(1) and 120.54, a specialized number of
7514 hours in specialized or advanced module courses, approved by the
7515 Florida Building Commission, on any portion of the Florida
7516 Building Code, adopted pursuant to part IV of chapter 553,
7517 relating to the contractor's respective discipline.
7518 Section 217. Subsection (6) is renumbered as subsection
7519 (5), paragraph (b) of subsection (1), paragraphs (b) and (d) of
7520 subsection (4), and subsection (5) of section 489.518, Florida
7521 Statutes, are amended to read:
7522 489.518 Alarm system agents.—
7523 (1) A licensed electrical or alarm system contractor may
7524 not employ a person to perform the duties of a burglar alarm
7525 system agent unless the person:
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7526 (b) Has successfully completed a minimum of 14 hours of
7527 training within 90 days after employment, to include basic alarm
7528 system electronics in addition to related training including
7529 CCTV and access control training, with at least 2 hours of
7530 training in the prevention of false alarms. Such training shall
7531 be from a department-approved board-approved provider, and the
7532 employee or applicant for employment shall provide proof of
7533 successful completion to the licensed employer. The department
7534 board shall by rule establish criteria for the approval of
7535 training courses and providers and may by rule establish
7536 criteria for accepting alternative nonclassroom education on an
7537 hour-for-hour basis. The department board shall approve
7538 providers that conduct training in other than the English
7539 language. The department board shall establish a fee for the
7540 approval of training providers or courses, not to exceed $60.
7541 Qualified employers may conduct training classes for their
7542 employees, with department board approval.
7543 (4)
7544 (b) The identification card shall be designed in a
7545 department-approved board-approved format. The card must include
7546 a picture of the agent, must specify at least the name of the
7547 holder of the card and the name and license number of the
7548 contractor, and must be signed by the contractor and by the
7549 holder of the card. Each identification card is valid for a
7550 period of 2 years after the date of issuance. The identification
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7551 card must be in the possession of each burglar alarm system
7552 agent while engaged in burglar alarm system agent duties.
7553 (d) Each identification card must be renewed every 2 years
7554 and in a board-approved format to show compliance with the 6
7555 hours of continuing education necessary to maintain
7556 certification as a burglar alarm system agent.
7557 (5) Each burglar alarm system agent must receive 6 hours
7558 of continuing education on burglar alarm system installation and
7559 repair and false alarm prevention every 2 years from a board-
7560 approved sponsor of training and through a board-approved
7561 training course.
7562 Section 218. Subsection (6) of section 489.5185, Florida
7563 Statutes, is renumbered as subsection (5) and paragraph (b) of
7564 subsection (1), paragraphs (a) and (f) of subsection (2),
7565 paragraphs (b) and (d) of subsection (4), and subsection (5) of
7566 that section are amended, to read:
7567 489.5185 Fire alarm system agents.—
7568 (1) A certified unlimited electrical contractor or
7569 licensed fire alarm contractor may not employ a person to
7570 perform the duties of a fire alarm system agent unless the
7571 person:
7572 (b) Has successfully completed a minimum of 14 hours of
7573 initial training, to include basic fire alarm system technology
7574 in addition to related training in National Fire Protection
7575 Association (NFPA) codes and standards and access control
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7576 training, with at least 2 hours of training in the prevention of
7577 false alarms. Such training must be from a department-approved
7578 board-approved provider, and the employee or applicant for
7579 employment must provide proof of successful completion to the
7580 licensed employer. The department board, by rule, shall
7581 establish criteria for the approval of training courses and
7582 providers. The department board shall approve qualified
7583 providers that conduct training in other than the English
7584 language. The department board shall establish a fee for the
7585 approval of training providers, not to exceed $200, and a fee
7586 for the approval of courses at $25 per credit hour, not to
7587 exceed $100 per course.
7588 (2)(a) Any applicant for employment as a fire alarm system
7589 agent, or any individual employed as a fire alarm system agent
7590 on the effective date of this act, who has completed alarm
7591 system agent or burglar alarm system agent training before prior
7592 to the effective date of this act in a department-certified
7593 board-certified program is not required to take additional
7594 training in order to comply with the initial training
7595 requirements of this section.
7596 (f) If a person holds a current National Institute of
7597 Certification in Engineering Technologies (NICET) Level II
7598 certification or higher in Fire Alarm Systems or Inspection and
7599 Testing of Fire Alarm Systems, a current certification as an
7600 Electronic Security Association (ESA) Certified Fire Alarm
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7601 Technician, or a current certification as an ESA Certified Fire
7602 Alarm Designer, he or she is required to complete only the 2
7603 hours of training in the prevention of false alarms required by
7604 paragraph (1)(b) from a department-approved board-approved
7605 sponsor of training and through a department-approved board-
7606 approved training course.
7607 (4)
7608 (b) The card shall follow a department-approved board-
7609 approved format, to include a picture of the agent; shall
7610 specify at least the name of the holder of the card and the name
7611 and license number of the certified unlimited electrical
7612 contractor or licensed fire alarm contractor; and shall be
7613 signed by both the contractor and the holder of the card. Each
7614 identification card shall be valid for a period of 2 years after
7615 the date of issuance. The identification card must be in the
7616 possession of the fire alarm system agent while engaged in fire
7617 alarm system agent duties.
7618 (d) Each identification card must be renewed every 2 years
7619 and in a board-approved format to show compliance with the 6
7620 hours of continuing education necessary to maintain
7621 certification as a fire alarm system agent.
7622 (5)(a) Except as provided in paragraph (b), each fire
7623 alarm system agent must receive 6 hours of continuing education
7624 on fire alarm system installation and repair and false alarm
7625 prevention every 2 years from a board-approved sponsor of
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7626 training and through a board-approved training course.
7627 (b) A person holding a current NICET Level II
7628 certification or higher in Fire Alarm Systems or Inspection and
7629 Testing of Fire Alarm Systems, certification as an ESA Certified
7630 Fire Alarm Technician, or certification as an ESA Certified Fire
7631 Alarm Designer is required to complete only 2 hours of
7632 continuing education training in the prevention of false alarms
7633 every 2 years from a board-approved sponsor of training and
7634 through a board-approved training course.
7635 Section 219. Subsections (1) and (3) of section 489.519,
7636 Florida Statutes, are amended to read:
7637 489.519 Inactive status.—
7638 (1) A certificate or registration that becomes inactive
7639 may be reactivated under s. 489.517 upon application to the
7640 department. The board may not require a licensee to complete
7641 more than one renewal cycle of continuing education to
7642 reactivate a certificate or registration.
7643 (3) The board shall impose, by rule, continuing education
7644 requirements for inactive certificateholders, when inactive
7645 status is sought by certificateholders who are also building
7646 code administrators, plans examiners, or inspectors certified
7647 pursuant to part XII of chapter 468.
7648 Section 220. Section 489.520, Florida Statutes, is amended
7649 to read:
7650 489.520 Automated licensure status information system.—By
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7651 January 1, 1995, the department shall implement an automated
7652 licensure status information system for electrical and alarm
7653 system contracting. The system shall provide instant
7654 notification to local building departments and other interested
7655 parties, as determined by the board or department, regarding the
7656 status of the certification or registration of any contractor
7657 certified or registered pursuant to the provisions of this part.
7658 The provision of such information shall consist, at a minimum,
7659 of an indication of whether the certification or registration of
7660 the contractor applying for a permit is active, of any current
7661 failure of the contractor to make restitution according to the
7662 terms of any final action by the department board, of any
7663 ongoing disciplinary cases against the contractor that are
7664 subject to public disclosure, and whether there are any
7665 outstanding fines against the contractor.
7666 Section 221. Paragraphs (a) and (b) of subsection (2),
7667 subsections (3), (4), and (5), paragraph (c) of subsection (7),
7668 subsections (8) and (9), and paragraph (b) of subsection (10) of
7669 section 489.521, Florida Statutes, are amended to read:
7670 489.521 Business organizations; qualifying agents.—
7671 (2)(a)1. If the applicant proposing to engage in
7672 contracting is a partnership, corporation, business trust, or
7673 other legal entity, other than a sole proprietorship, the
7674 application shall state the name of the partnership and its
7675 partners; the name of the corporation and its officers and
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7676 directors and the name of each of its stockholders who is also
7677 an officer or director; the name of the business trust and its
7678 trustees; or the name of such other legal entity and its
7679 members. In addition, the applicant shall furnish evidence of
7680 statutory compliance if a fictitious name is used. A joint
7681 venture, including a joint venture composed of qualified
7682 business organizations, is itself a separate and distinct
7683 organization that shall be qualified in accordance with
7684 department board rules. The registration or certification, when
7685 issued upon application of a business organization, shall be in
7686 the name of the qualifying agent, and the name of the business
7687 organization shall be noted thereon. If there is a change in any
7688 information that is required to be stated on the application,
7689 the business organization shall, within 45 days after such
7690 change occurs, mail the correct information to the department.
7691 2. Any person certified or registered pursuant to this
7692 part who has had his or her license revoked may shall not be
7693 eligible for a 5-year period to be a partner, officer, director,
7694 or trustee of a business organization as defined by this
7695 section. Such person shall also be ineligible to reapply for
7696 certification or registration under this part for a period of 5
7697 years.
7698 (b) The applicant shall also show that the proposed
7699 qualifying agent is legally qualified to act for the business
7700 organization in all matters connected with its electrical or
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7701 alarm system contracting business and concerning regulations by
7702 the department board and that he or she has authority to
7703 supervise electrical or alarm system contracting undertaken by
7704 the business organization.
7705 (3)(a) The applicant shall furnish evidence of financial
7706 responsibility, credit, and business reputation of the business
7707 organization, as well as the name of the qualifying agent. The
7708 department board shall adopt rules defining financial
7709 responsibility based upon the business organization's credit
7710 history, ability to be bonded, and any history of bankruptcy or
7711 assignment of receivers. Such rules shall specify the financial
7712 responsibility grounds on which the department board may
7713 determine that a business organization is not qualified to
7714 engage in contracting.
7715 (b) In the event a qualifying agent must take the
7716 certification examination, the department board shall, within 60
7717 days from the date of the examination, inform the business
7718 organization in writing whether or not its qualifying agent has
7719 qualified.
7720 (c) If the qualifying agent of a business organization
7721 applying to engage in contracting, after having been notified to
7722 do so, does not appear for examination within 1 year from the
7723 date of filing of the application, the examination fee paid by
7724 it shall be credited as an earned fee to the department. A new
7725 application to engage in contracting shall be accompanied by
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7726 another application fee fixed pursuant to this act. Forfeiture
7727 of a fee may be waived by the department board for good cause.
7728 (d) Once the department board has determined that the
7729 business organization's proposed qualifying agent has qualified,
7730 the business organization shall be authorized to engage in the
7731 contracting business. The certificate, when issued, shall be in
7732 the name of the qualifying agent, and the name of the business
7733 organization shall be noted thereon.
7734 (4) As a prerequisite to the initial issuance of a
7735 certificate, the applicant or the business organization he or
7736 she qualifies shall submit evidence that he or she or the
7737 business organization has obtained public liability and property
7738 damage insurance for the safety and welfare of the public in an
7739 amount to be determined by department board rule.
7740 (5) At least one officer or supervising employee of the
7741 business organization must be qualified under this act in order
7742 for the business organization to be qualified to engage in
7743 contracting in the category of the business conducted. If any
7744 individual so qualified on behalf of the business organization
7745 ceases to qualify the business organization, he or she shall
7746 notify the board and the department thereof within 30 days after
7747 such occurrence. In addition, if the individual is the only
7748 individual who qualifies the business organization, the business
7749 organization shall notify the board and the department of the
7750 individual's termination, and it shall have a period of 60 days
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7751 from the termination of the individual to qualify another person
7752 under the provision of this act, failing which, the department
7753 board shall determine that the business organization is no
7754 longer qualified to engage in contracting. The individual shall
7755 also inform the department board in writing when he or she
7756 proposes to engage in contracting in his or her own name or in
7757 affiliation with another business organization, and the
7758 individual, or such new business organization, shall supply the
7759 same information to the department board as required for
7760 applicants under this act. After an investigation of the
7761 financial responsibility, credit, and business reputation of the
7762 individual or the new business organization and upon a favorable
7763 determination, the department board shall certify the business
7764 organization as qualified, and the department shall issue,
7765 without examination, a new certificate in the individual's name,
7766 which shall include the name of the new business organization,
7767 as provided in this section.
7768 (7)
7769 (c) The department board shall assess a fine of not less
7770 than $100 or issue a citation to any contractor who fails to
7771 include that contractor's certification or registration number
7772 when submitting an advertisement for publication, broadcast, or
7773 printing. In addition, any person who claims in any
7774 advertisement to be a certified or registered contractor, but
7775 who does not hold a valid state certification or registration,
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7776 commits a misdemeanor of the second degree, punishable as
7777 provided in s. 775.082 or s. 775.083.
7778 (8) Each qualifying agent shall pay the department an
7779 amount equal to the original fee for certification or
7780 registration to qualify any additional business organizations.
7781 If the qualifying agent for a business organization desires to
7782 qualify additional business organizations, the department board
7783 shall require him or her to present evidence of supervisory
7784 ability and financial responsibility of each such organization.
7785 Allowing a licensee to qualify more than one business
7786 organization shall be conditioned upon the licensee showing that
7787 the licensee has both the capacity and intent to adequately
7788 supervise each business organization in accordance with s.
7789 489.522(1). The department may board shall not limit the number
7790 of business organizations which the licensee may qualify except
7791 upon the licensee's failing to provide such information as is
7792 required under this subsection or upon a finding that such
7793 information or evidence as is supplied is incomplete or
7794 unpersuasive in showing the licensee's capacity and intent to
7795 comply with the requirements of this subsection. A qualification
7796 for an additional business organization may be revoked or
7797 suspended upon a finding by the department board that the
7798 licensee has failed in the licensee's responsibility to
7799 adequately supervise the operations of that business
7800 organization in accordance with s. 489.522(1). Failure of the
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7801 responsibility to adequately supervise the operations of a
7802 business organization in accordance with s. 489.522(1) shall be
7803 grounds for denial to qualify additional business organizations.
7804 (9) If a business organization or any of its partners,
7805 officers, directors, trustees, or members is disciplined for
7806 violating s. 489.533(1), the department board may, on that basis
7807 alone, deny issuance of a certificate or registration to a
7808 qualifying agent on behalf of that business organization.
7809 (10)
7810 (b) Any business organization engaging in contracting
7811 under this subsection shall provide the department board with
7812 the name and license number of each registered or certified
7813 contractor employed by the business organization to supervise
7814 its contracting activities. The business organization is not
7815 required to post a bond or otherwise evidence any financial or
7816 credit information except as necessary to demonstrate compliance
7817 with paragraph (a).
7818 Section 222. Subsection (2) and paragraph (a) of
7819 subsection (3) of section 489.522, Florida Statutes, are amended
7820 to read:
7821 489.522 Qualifying agents; responsibilities.—
7822 (2) One of the qualifying agents for a business
7823 organization that has more than one qualifying agent may be
7824 designated as the sole primary qualifying agent for the business
7825 organization by a joint agreement that is executed, on a form
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7826 provided by the department board, by all qualifying agents for
7827 the business organization. The joint agreement shall be
7828 submitted to the department board for approval. If the
7829 department board determines that the joint agreement is in good
7830 order, it shall approve the designation and immediately notify
7831 the qualifying agents of such approval. The designation made by
7832 the joint agreement is effective upon receipt of the notice by
7833 the qualifying agents. The qualifying agent designated for a
7834 business organization by a joint agreement is the sole primary
7835 qualifying agent for the business organization, and all other
7836 qualifying agents for the business organization are secondary
7837 qualifying agents.
7838 (a) A designated sole primary qualifying agent has all the
7839 responsibilities and duties of a primary qualifying agent,
7840 notwithstanding that there are secondary qualifying agents for
7841 specified jobs. The designated sole primary qualifying agent is
7842 jointly and equally responsible with secondary qualifying agents
7843 for field work supervision.
7844 (b) A secondary qualifying agent is responsible only for:
7845 1. The supervision of field work at sites where his or her
7846 license was used to obtain the building permit; and
7847 2. Any other work for which he or she accepts
7848 responsibility.
7849
7850 A secondary qualifying agent is not responsible for supervision
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7851 of financial matters.
7852 (c) A primary qualifying agent shall have approval
7853 authority for checks, payments, drafts, and contracts issued by
7854 or entered into by the business organization.
7855 (3)(a) A qualifying agent who has been designated by a
7856 joint agreement as the sole primary qualifying agent for a
7857 business organization may terminate this status as such by
7858 giving actual notice to the business organization, to the
7859 department board, and to all secondary qualifying agents of his
7860 or her intention to terminate this status. The notice to the
7861 department board shall include proof satisfactory to the
7862 department board that he or she has given the notice required in
7863 this paragraph. The status of the qualifying agent shall cease
7864 upon the designation of a new primary qualifying agent or 60
7865 days after satisfactory notice of termination has been provided
7866 to the department board, whichever first occurs. If no new
7867 primary qualifying agent has been designated within 60 days, all
7868 secondary qualifying agents for the business organization shall
7869 become primary qualifying agents, unless the joint agreement
7870 specifies that one or more of them shall become sole qualifying
7871 agents under such circumstances, in which case only they shall
7872 become sole qualifying agents.
7873 Section 223. Section 489.523, Florida Statutes, is amended
7874 to read:
7875 489.523 Emergency registration upon death of contractor.—
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7876 If an incomplete contract exists at the time of death of a
7877 contractor, the contract may be completed by any person even
7878 though not certified. The person shall notify the department
7879 appropriate board, within 30 days after the death of the
7880 contractor, of his or her name and address, knowledge of the
7881 contract, and ability to complete it. If the department board
7882 approves, he or she may proceed with the contract. The
7883 department board shall then issue an emergency registration
7884 which shall expire upon the completion of the contract. For
7885 purposes of this section, and upon written approval of the
7886 department board, an incomplete contract may be one which has
7887 been awarded to, or entered into by, the contractor before his
7888 or her death, or on which he or she was the low bidder and the
7889 contract is subsequently awarded to him or her, regardless of
7890 whether any actual work has commenced under the contract before
7891 the contractor's death.
7892 Section 224. Section 489.525, Florida Statutes, is amended
7893 to read:
7894 489.525 Report to local building officials.—The department
7895 may report to all building officials the contents of this part
7896 and the contents of the rules of the department board. Any
7897 information that is available through the Internet or other
7898 electronic means may be excluded from the report.
7899 Section 225. Subsections (2), (3), (4), (5), and (6) and
7900 paragraphs (b) and (e) of subsection (7) of section 489.533,
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7901 Florida Statutes, are amended to read:
7902 489.533 Disciplinary proceedings.—
7903 (2) When the department board finds any applicant,
7904 contractor, or business organization for which the contractor is
7905 a primary qualifying agent or secondary qualifying agent
7906 responsible under s. 489.522 guilty of any of the grounds set
7907 forth in subsection (1), it may enter an order imposing one or
7908 more of the following penalties:
7909 (a) Denial of an application for certification or
7910 registration.
7911 (b) Revocation or suspension of a certificate or
7912 registration.
7913 (c) Imposition of an administrative fine not to exceed
7914 $10,000 for each count or separate offense.
7915 (d) Issuance of a reprimand.
7916 (e) Placement of the contractor on probation for a period
7917 of time and subject to such conditions as the department board
7918 may specify, including requiring the contractor to attend
7919 continuing education courses or to work under the supervision of
7920 another contractor.
7921 (f) Restriction of the authorized scope of practice by the
7922 contractor.
7923 (g) Require financial restitution to a consumer.
7924 (3) In recommending penalties in any proposed recommended
7925 final order, the department shall follow the penalty guidelines
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7926 established by the department board by rule. The department
7927 shall advise the administrative law judge of the appropriate
7928 penalty, including mitigating and aggravating circumstances, and
7929 the specific rule citation.
7930 (4) The department board may not reinstate the certificate
7931 or registration of, or cause a certificate or registration to be
7932 issued to, a person who the department board has determined
7933 unqualified until it is satisfied that such person has complied
7934 with all the terms and conditions set forth in the final order
7935 and is capable of competently engaging in the business of
7936 contracting.
7937 (5) When the department board imposes administrative fines
7938 pursuant to subsection (2) resulting from violation of chapter
7939 633 or violation of the rules of the State Fire Marshal, 50
7940 percent of the fine shall be paid into the Insurance Regulatory
7941 Trust Fund to help defray the costs of investigating the
7942 violations and obtaining the corrective action. The State Fire
7943 Marshal may participate at its discretion, but not as a party,
7944 in any proceedings before the department board relating to
7945 violation of chapter 633 or the rules of the State Fire Marshal,
7946 in order to make recommendations as to the appropriate penalty
7947 in such case. However, the State Fire Marshal does shall not
7948 have standing to bring disciplinary proceedings regarding
7949 certification.
7950 (6) The department board may restrain any violation of
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7951 this part by action in a court of competent jurisdiction.
7952 (7)
7953 (b) A No licensee may not avail himself or herself of the
7954 mediation process more than three times without the approval of
7955 the department board. The department board may consider the
7956 subject and the dates of the earlier complaints in rendering its
7957 decision. The department's board's decision may shall not be
7958 considered a final agency action and is not appealable.
7959 (e) The department, in conjunction with the board, shall
7960 determine by rule the types of cases which may be included in
7961 the mediation process. The department may initiate or continue
7962 disciplinary action, pursuant to chapter 455 and this chapter
7963 against the licensee as determined by rule.
7964 Section 226. Paragraph (a) of subsection (1) of section
7965 489.5335, Florida Statutes, is amended to read:
7966 489.5335 Journeyman; reciprocity; standards.—
7967 (1) Counties and municipalities are authorized to issue
7968 journeyman licenses in the electrical and alarm system trades to
7969 an individual who:
7970 (a) Has scored at least 70 percent, or after October 1,
7971 1997, at least 75 percent, on a proctored journeyman Block and
7972 Associates examination or other proctored examination approved
7973 by the department board for the trade in which he or she is
7974 licensed;
7975 Section 227. Paragraph (e) of subsection (3) and
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7976 paragraphs (b) and (c) of subsection (5) of section 489.537,
7977 Florida Statutes, are amended to read:
7978 489.537 Application of this part.—
7979 (3) Nothing in this act limits the power of a municipality
7980 or county:
7981 (e)1. To refuse to issue permits or issue permits with
7982 specific conditions to a contractor who has committed multiple
7983 violations, when he or she has been disciplined for each of them
7984 by the department board and when each disciplinary action has
7985 involved revocation or suspension of a license, imposition of an
7986 administrative fine of at least $1,000, or probation.
7987 2. To issue permits with specific conditions to a
7988 contractor who, within the previous 12 months, has had final
7989 action taken against him or her, by the department or by a local
7990 board or agency which licenses contractors and has reported the
7991 action pursuant to paragraph (5)(c), for engaging in the
7992 business or acting in the capacity of a contractor without a
7993 license.
7994 (5)
7995 (b) To engage in contracting in the territorial area, an
7996 applicant shall also be registered with the department board.
7997 (c) Each local board or agency which licenses contractors
7998 shall transmit monthly to the department board a report of any
7999 disciplinary action taken against contractors and any
8000 administrative or disciplinary action taken against unlicensed
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8001 persons for engaging in the business or acting in the capacity
8002 of a contractor, including any cease and desist order issued
8003 pursuant to s. 489.516(2)(b).
8004 Section 228. Section 489.552, Florida Statutes, is amended
8005 to read:
8006 489.552 Registration required.—A person may shall not hold
8007 himself or herself out as a septic tank contractor or a master
8008 septic tank contractor in this state unless he or she is
8009 registered by the department in accordance with the provisions
8010 of this part. However, nothing in this part prohibits any person
8011 licensed pursuant to s. 489.105(2)(m) s. 489.105(3)(m) in this
8012 state from engaging in the profession for which he or she is
8013 licensed.
8014 Section 229. Subsection (1) of section 492.102, Florida
8015 Statutes, is amended to read:
8016 492.102 Definitions.—For the purposes of this chapter,
8017 unless the context clearly requires otherwise:
8018 (1) "Board" means the Board of Professional Geologists.
8019 Section 230. Section 492.104, Florida Statutes, is amended
8020 to read:
8021 492.104 Rulemaking authority.—The department Board of
8022 Professional Geologists has authority to adopt rules pursuant to
8023 ss. 120.536(1) and 120.54 to implement this chapter. Every
8024 licensee shall be governed and controlled by this chapter and
8025 the rules adopted by the department board. The department board
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8026 is authorized to set, by rule, fees for application,
8027 examination, late renewal, initial licensure, and license
8028 renewal. These fees may not exceed the cost of implementing the
8029 application, examination, initial licensure, and license renewal
8030 or other administrative process and shall be established as
8031 follows:
8032 (1) The application fee may shall not exceed $150 and
8033 shall be nonrefundable.
8034 (2) The examination fee may shall not exceed $250, and the
8035 fee may be apportioned to each part of a multipart examination.
8036 The examination fee shall be refundable in whole or part if the
8037 applicant is found to be ineligible to take any portion of the
8038 licensure examination.
8039 (3) The initial license fee may shall not exceed $100.
8040 (4) The biennial renewal fee may shall not exceed $150.
8041 (5) The fee for reactivation of an inactive license may
8042 not exceed $50.
8043 (6) The fee for a provisional license may not exceed $400.
8044 (7) The fee for application, examination, and licensure
8045 for a license by endorsement is as provided in this section for
8046 licenses in general.
8047 Section 231. Subsection (1), paragraph (b) of subsection
8048 (2), and subsection (3) of section 492.105, Florida Statutes,
8049 are amended to read:
8050 492.105 Licensure by examination; requirements; fees.—
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8051 (1) Any person desiring to be licensed as a professional
8052 geologist shall apply to the department to take the licensure
8053 examination. The written licensure examination shall be designed
8054 to test an applicant's qualifications to practice professional
8055 geology, and shall include such subjects as will tend to
8056 ascertain the applicant's knowledge of the fundamentals, theory,
8057 and practice of professional geology and may include such
8058 subjects as are taught in curricula of accredited colleges and
8059 universities. The written licensure examination may be a
8060 multipart examination. The department shall examine each
8061 applicant who the department board certifies:
8062 (a) Has completed the application form and remitted a
8063 nonrefundable application fee and an examination fee which is
8064 refundable if the applicant is found to be ineligible to take
8065 the examination.
8066 (b) Is at least 18 years of age.
8067 (c) Has not committed any act or offense in any
8068 jurisdiction which would constitute the basis for disciplining a
8069 professional geologist licensed pursuant to this chapter.
8070 (d) Has fulfilled the following educational requirements
8071 at a college or university, the geological curricula of which
8072 meet the criteria established by an accrediting agency
8073 recognized by the United States Department of Education:
8074 1. Graduation from such college or university with a major
8075 in geology or other related science acceptable to the department
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8076 board; and
8077 2. Satisfactory completion of at least 30 semester hours
8078 or 45 quarter hours of geological coursework.
8079 (e) Has at least 5 years of verified professional
8080 geological work experience, which includes a minimum of 3 years
8081 of professional geological work under the supervision of a
8082 licensed or qualified geologist or professional engineer
8083 registered under chapter 471 as qualified in the field or
8084 discipline of professional engineering work performed; or has a
8085 minimum of 5 accumulative years of verified geological work
8086 experience in responsible charge of geological work as
8087 determined by the department board.
8088 (2) The department shall issue a license to practice
8089 professional geology to any person who has:
8090 (b) Been certified by the department board as qualified to
8091 practice professional geology; and
8092 (3) The department may shall not issue a license to any
8093 applicant who is under investigation in any jurisdiction for an
8094 offense which would constitute a violation of this chapter. Upon
8095 completion of the investigation, the disciplinary provisions of
8096 s. 492.113 shall apply.
8097 Section 232. Subsections (1) and (2) of section 492.1051,
8098 Florida Statutes, are amended to read:
8099 492.1051 Registered geologist-in-training; requirements.—
8100 (1) A person desiring to register as a geologist-in-
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8101 training shall apply to the department to take a discrete
8102 portion of the examination required for licensure as a
8103 professional geologist in this state. This discrete portion
8104 shall cover the fundamentals of geology. The department shall
8105 examine each applicant who the department board certifies:
8106 (a) Has completed the application form and remitted a
8107 nonrefundable application fee and an examination fee that is
8108 refundable if the applicant is found to be ineligible to take
8109 the examination.
8110 (b) Has not committed an act or offense in any
8111 jurisdiction which constitutes grounds for disciplining a
8112 professional geologist licensed under this chapter; and
8113 (c) Has successfully completed at least 30 semester hours
8114 or 45 quarter hours of geological coursework at a college or
8115 university, the geological curricula of which meet the criteria
8116 established by an accrediting agency recognized by the United
8117 States Department of Education and, if still enrolled, has
8118 provided a letter of good academic standing from the college or
8119 university.
8120 (2) The department shall register as a geologist-in-
8121 training each applicant who the department board certifies has
8122 passed the fundamentals of geology portion of the licensure
8123 examination.
8124 Section 233. Section 492.106, Florida Statutes, is amended
8125 to read:
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8126 492.106 Provisional licenses.—The department may provide a
8127 provisional license to any person who is not a resident of and
8128 has not established a place of business in this state, and who
8129 is duly licensed in another state, territory, or possession of
8130 the United States, or in the District of Columbia, and who has
8131 qualifications which the department board, upon advice of a
8132 committee of the department board, deems comparable to those
8133 required of professional geologists in this state, upon written
8134 application accompanied by the proper application fee, offered
8135 before prior to the practice of professional geology in this
8136 state, under the following restrictions:
8137 (1) Satisfactory proof of licensure as required above
8138 shall include the name, residence address, business address, and
8139 certification of the license of the applicant from the issuing
8140 state, together with the name and address of the authority
8141 issuing such license.
8142 (2) The practice of professional geology under a
8143 provisional license may shall not exceed 1 year.
8144 (3) The practice of professional geology under a
8145 provisional license shall be confined to one specified project.
8146 Such license may not be renewed or reissued for 5 years from the
8147 date of original issuance.
8148 (4) A written statement shall be furnished to the
8149 department within 60 days of completion of the work, indicating
8150 the time engaged and the nature of the work. A person holding a
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8151 provisional license shall exhibit such provisional license each
8152 time and on each occasion that an indication of licensure is
8153 required.
8154 Section 234. Subsection (1) of section 492.107, Florida
8155 Statutes, is amended to read:
8156 492.107 Seals.—
8157 (1) The department board shall prescribe, by rule, a form
8158 of seal, including its electronic form, to be used by persons
8159 holding valid licenses. All geological papers, reports, and
8160 documents prepared or issued by the licensee shall be signed,
8161 dated, and sealed by the licensee who performed or is
8162 responsible for the supervision, direction, or control of the
8163 work contained in the papers, reports, or documents. Such
8164 signature, date, and seal shall be evidence of the authenticity
8165 of that to which they are affixed. Geological papers, reports,
8166 and documents prepared or issued by the licensee may be
8167 transmitted electronically provided they have been signed by the
8168 licensee, dated, and electronically sealed. It is unlawful for
8169 any person to sign or seal any document as a professional
8170 geologist unless that person holds a current, active license as
8171 a professional geologist which has not expired or been revoked
8172 or suspended, unless reinstated or reissued.
8173 Section 235. Subsection (1) of section 492.108, Florida
8174 Statutes, is amended to read:
8175 492.108 Licensure by endorsement; requirements; fees.—
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8176 (1) The department shall issue a license by endorsement to
8177 any applicant who, upon applying to the department and remitting
8178 an application fee, has been certified by the department board
8179 that he or she:
8180 (a) Has met the qualifications for licensure in s.
8181 492.105(1)(b)-(e) and:
8182 1. Is the holder of an active license in good standing in
8183 a state, trust, territory, or possession of the United States.
8184 2. Was licensed through written examination in at least
8185 one state, trust, territory, or possession of the United States,
8186 the examination requirements of which have been approved by the
8187 department board as substantially equivalent to or more
8188 stringent than those of this state, and has received a score on
8189 such examination which is equal to or greater than the score
8190 required by this state for licensure by examination.
8191 3. Has taken and successfully passed the laws and rules
8192 portion of the examination required for licensure as a
8193 professional geologist in this state.
8194 (b) Has held a valid license to practice geology in
8195 another state, trust, territory, or possession of the United
8196 States for at least 10 years before the date of application and
8197 has successfully completed a state, regional, national, or other
8198 examination that is equivalent to or more stringent than the
8199 examination required by the department. If such applicant has
8200 met the requirements for a license by endorsement except
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8201 successful completion of an examination that is equivalent to or
8202 more stringent than the examination required by the department
8203 board, such applicant may take the examination required by the
8204 department board. Such application must be submitted to the
8205 department board while the applicant holds a valid license in
8206 another state or territory or within 2 years after the
8207 expiration of such license.
8208 Section 236. Subsection (2) of section 492.1101, Florida
8209 Statutes, is amended to read:
8210 492.1101 Inactive status.—
8211 (2) The department board shall adopt promulgate rules
8212 relating to the reactivation of inactive licenses and shall
8213 prescribe by rule a fee for the reactivation of inactive
8214 licenses.
8215 Section 237. Subsection (1) of section 492.111, Florida
8216 Statutes, is amended to read:
8217 492.111 Practice of professional geology by a firm,
8218 corporation, or partnership.—The practice of, or offer to
8219 practice, professional geology by individual professional
8220 geologists licensed under the provisions of this chapter through
8221 a firm, corporation, or partnership offering geological services
8222 to the public through individually licensed professional
8223 geologists as agents, employees, officers, or partners thereof
8224 is permitted subject to the provisions of this chapter, if:
8225 (1) At all times that it offers geological services to the
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8226 public, the firm, corporation, or partnership is qualified by
8227 one or more individuals who hold a current, active license as a
8228 professional geologist in the state and are serving as a
8229 geologist of record for the firm, corporation, or partnership. A
8230 geologist of record may be any principal officer or employee of
8231 such firm or corporation, or any partner or employee of such
8232 partnership, who holds a current, active license as a
8233 professional geologist in this state, or any other Florida-
8234 licensed professional geologist with whom the firm, corporation,
8235 or partnership has entered into a long-term, ongoing
8236 relationship, as defined by rule of the department board, to
8237 serve as one of its geologists of record. The geologist of
8238 record shall notify the department of any changes in the
8239 relationship or identity of that geologist of record within 30
8240 days after such change.
8241 Section 238. Paragraph (k) of subsection (1) and
8242 subsections (2), (3), and (4) of section 492.113, Florida
8243 Statutes, are amended to read:
8244 492.113 Disciplinary proceedings.—
8245 (1) The following acts constitute grounds for which the
8246 disciplinary actions in subsection (3) may be taken:
8247 (k) Violating a rule of the department or board or any
8248 order of the department or board previously entered in a
8249 disciplinary hearing.
8250 (2) The department board shall specify, by rule, what acts
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8251 or omissions constitute a violation of subsection (1).
8252 (3) When the department board finds any person guilty of
8253 any of the grounds set forth in subsection (1), it may enter an
8254 order imposing one or more of the following penalties:
8255 (a) Denial of an application for licensure.
8256 (b) Revocation or suspension of a license.
8257 (c) Imposition of an administrative fine not to exceed
8258 $1,000 for each count or separate offense.
8259 (d) Issuance of a reprimand.
8260 (e) Placement of the licensee on probation for a period of
8261 time and subject to such conditions as the department board may
8262 specify.
8263 (f) Restriction of the authorized scope of practice by the
8264 licensee.
8265 (4) The department shall reissue the license of a
8266 disciplined professional geologist upon certification by the
8267 department board that the disciplined person has complied with
8268 the terms and conditions set forth in the final order.
8269 Section 239. Subsections (10) through (13) of section
8270 493.6101, Florida Statutes, are amended to read:
8271 493.6101 Definitions.—
8272 (10) "Branch office" means each additional location of an
8273 agency where business is actively conducted which advertises as
8274 performing or is engaged in the business authorized by the
8275 license.
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8276 (11) "Sponsor" means any Class "C," Class "MA," or Class
8277 "M" licensee who supervises and maintains under his or her
8278 direction and control a Class "CC" intern; or any Class "E" or
8279 Class "MR" licensee who supervises and maintains under his or
8280 her direction and control a Class "EE" intern.
8281 (12) "Intern" means an individual who studies as a trainee
8282 or apprentice under the direction and control of a designated
8283 sponsoring licensee.
8284 (13) "Manager" means any licensee who directs the
8285 activities of licensees at any agency or branch office. The
8286 manager shall be assigned to and shall primarily operate from
8287 the agency or branch office location for which he or she has
8288 been designated as manager. The manager of a private
8289 investigative agency may, however, manage up to three offices
8290 within a 150-mile radius of the location listed on the agency's
8291 Class "A" license, provided that these three offices consist of
8292 either:
8293 (a) The location listed on the agency's Class "A" license
8294 and up to two branch offices; or
8295 (b) Up to three branch offices.
8296 Section 240. Subsection (7) of section 493.6105, Florida
8297 Statutes, is amended to read:
8298 493.6105 Initial application for license.—
8299 (7) In addition to the application requirements for
8300 individuals, partners, or officers outlined under subsection
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8301 (3), the application for an agency license must contain the
8302 following information:
8303 (a) The proposed name under which the agency intends to
8304 operate.
8305 (b) The street address, mailing address, and telephone
8306 numbers of the principal location at which business is to be
8307 conducted in this state.
8308 (c) The street address, mailing address, and telephone
8309 numbers of all branch offices within this state.
8310 (d) The names and titles of all partners or, in the case
8311 of a corporation, the names and titles of its principal
8312 officers.
8313 Section 241. Subsection (2) of section 493.6106, Florida
8314 Statutes, is amended to read:
8315 493.6106 License requirements; posting.—
8316 (2) Each agency shall have a minimum of one physical
8317 location within this state from which the normal business of the
8318 agency is conducted, and this location shall be considered the
8319 primary office for that agency in this state.
8320 (a) If an agency or branch office desires to change the
8321 physical location of the business, as it appears on the license,
8322 the department must be notified within 10 days after the change,
8323 and, except upon renewal, the fee prescribed in s. 493.6107 must
8324 be submitted for each license requiring revision. Each license
8325 requiring revision must be returned with such notification.
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8326 (b) The Class "A," Class "B," or Class "R" license and any
8327 branch office or school license shall at all times be posted in
8328 a conspicuous place at the licensed physical location in this
8329 state where the business is conducted.
8330 (c) Each Class "A," Class "B," Class "R," branch office,
8331 or school licensee shall display, in a place that is in clear
8332 and unobstructed public view, a notice on a form prescribed by
8333 the department stating that the business operating at this
8334 location is licensed and regulated by the Department of
8335 Agriculture and Consumer Services and that any questions or
8336 complaints should be directed to the department.
8337 (d) A minimum of one properly licensed manager shall be
8338 designated for each agency and branch office location.
8339 Section 242. Subsections (4), (5), and (6) of section
8340 493.6111, Florida Statutes, are renumbered as subsections (3),
8341 (6), and (7), respectively, and subsection (2) and present
8342 subsection (3) are amended, to read:
8343 493.6111 License; contents; identification card.—
8344 (2) Licenses shall be valid for a period of 2 years,
8345 except for Class "A," Class "B," Class "AB," Class "K.," Class
8346 "R," and branch agency licenses, which shall be valid for a
8347 period of 3 years.
8348 (3) The department shall, upon complete application and
8349 payment of the appropriate fees, issue a separate license to
8350 each branch office for which application is made.
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8351 Section 243. Subsection (1) of section 493.6113, Florida
8352 Statutes, is amended to read:
8353 493.6113 Renewal application for licensure.—
8354 (1) A license granted under the provisions of this chapter
8355 shall be renewed biennially by the department, except for Class
8356 "A," Class "B," Class "AB," Class "K.," Class "R," and branch
8357 agency licenses, which shall be renewed every 3 years.
8358 Section 244. Paragraphs (r) and (x) of subsection (1) of
8359 section 493.6118, Florida Statutes, are amended to read:
8360 493.6118 Grounds for disciplinary action.—
8361 (1) The following constitute grounds for which
8362 disciplinary action specified in subsection (2) may be taken by
8363 the department against any licensee, agency, or applicant
8364 regulated by this chapter, or any unlicensed person engaged in
8365 activities regulated under this chapter:
8366 (r) Failure or refusal by a sponsor to certify a biannual
8367 written report on an intern or to certify completion or
8368 termination of an internship to the department within 15 working
8369 days.
8370 (x) In addition to the grounds for disciplinary action
8371 prescribed in paragraphs (a)-(t) and, Class "R" recovery
8372 agencies , Class "E" recovery agents, and Class "EE" recovery
8373 agent interns are prohibited from committing the following acts:
8374 1. Recovering a motor vehicle, mobile home, motorboat,
8375 aircraft, personal watercraft, all-terrain vehicle, farm
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8376 equipment, or industrial equipment that has been sold under a
8377 conditional sales agreement or under the terms of a chattel
8378 mortgage before authorization has been received from the legal
8379 owner or mortgagee.
8380 2. Charging for expenses not actually incurred in
8381 connection with the recovery, transportation, storage, or
8382 disposal of repossessed property or personal property obtained
8383 in a repossession.
8384 3. Using any repossessed property or personal property
8385 obtained in a repossession for the personal benefit of a
8386 licensee or an officer, director, partner, manager, or employee
8387 of a licensee.
8388 4. Selling property recovered under the provisions of this
8389 chapter, except with written authorization from the legal owner
8390 or the mortgagee thereof.
8391 5. Failing to notify the police or sheriff's department of
8392 the jurisdiction in which the repossessed property is recovered
8393 within 2 hours after recovery.
8394 6. Failing to remit moneys collected in lieu of recovery
8395 of a motor vehicle, mobile home, motorboat, aircraft, personal
8396 watercraft, all-terrain vehicle, farm equipment, or industrial
8397 equipment to the client within 10 working days.
8398 7. Failing to deliver to the client a negotiable
8399 instrument that is payable to the client, within 10 working days
8400 after receipt of such instrument.
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8401 8. Falsifying, altering, or failing to maintain any
8402 required inventory or records regarding disposal of personal
8403 property contained in or on repossessed property pursuant to s.
8404 493.6404(1).
8405 9. Carrying any weapon or firearm when he or she is on
8406 private property and performing duties under his or her license
8407 whether or not he or she is licensed pursuant to s. 790.06.
8408 10. Soliciting from the legal owner the recovery of
8409 property subject to repossession after such property has been
8410 seen or located on public or private property if the amount
8411 charged or requested for such recovery is more than the amount
8412 normally charged for such a recovery.
8413 11. Wearing, presenting, or displaying a badge in the
8414 course of performing a repossession regulated by this chapter.
8415 Section 245. Subsection (6) of section 493.6120, Florida
8416 Statutes, is amended to read:
8417 493.6120 Violations; penalty.—
8418 (6) A person who was an owner, officer, partner, or
8419 manager of a licensed agency or a Class "DS" or "RS" school or
8420 training facility at the time of any activity that is the basis
8421 for revocation of the agency or branch office license or the
8422 school or training facility license and who knew or should have
8423 known of the activity shall have his or her personal licenses or
8424 approval suspended for 3 years and may not have any financial
8425 interest in or be employed in any capacity by a licensed agency
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8426 or a school or training facility during the period of
8427 suspension.
8428 Section 246. Subsection (2) of section 493.6123, Florida
8429 Statutes, is amended to read:
8430 493.6123 Publication to industry.—
8431 (2) The department shall develop and make available to
8432 each Class "C," Class "D," and Class "E" licensee and all
8433 interns a pamphlet detailing in plain language the legal
8434 authority, rights, and obligations of his or her class of
8435 licensure. Within the pamphlet, the department should endeavor
8436 to present situations that the licensee may be expected to
8437 commonly encounter in the course of doing business pursuant to
8438 his or her specific license, and provide to the licensee
8439 information on his or her legal options, authority, limits to
8440 authority, and obligations. The department shall supplement this
8441 with citations to statutes and legal decisions, as well as a
8442 selected bibliography that would direct the licensee to
8443 materials the study of which would enhance his or her
8444 professionalism. The department shall provide a single copy of
8445 the appropriate pamphlet without charge to each individual to
8446 whom a license is issued, but may charge for additional copies
8447 to recover its publication costs. The pamphlet shall be updated
8448 every 2 years as necessary to reflect rule or statutory changes,
8449 or court decisions. Intervening changes to the regulatory
8450 situation shall be noticed in the industry newsletter issued
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8451 pursuant to subsection (1).
8452 Section 247. Section 493.6201, Florida Statutes, is
8453 amended to read:
8454 493.6201 Classes of licenses.—
8455 (1) Any person, firm, company, partnership, or corporation
8456 which engages in business as a private investigative agency
8457 shall have a Class "A" license. A Class "A" license is valid for
8458 only one location.
8459 (2) Each branch office of a Class "A" agency shall have a
8460 Class "AA" license. Where a person, firm, company, partnership,
8461 or corporation holds both a Class "A" and Class "B" license,
8462 each additional or branch office shall have a Class "AB"
8463 license.
8464 (3) Any individual who performs the services of a manager
8465 for a:
8466 (a) Class "A" private investigative agency or Class "AA"
8467 branch office shall have a Class "MA" license. A Class "C" or
8468 Class "M" licensee may be designated as the manager, in which
8469 case the Class "MA" license is not required.
8470 (b) Class "A" and "B" agency or a Class "AB" branch office
8471 shall have a Class "M" license.
8472 (4) Class "C" or Class "CC" licensees shall own or be an
8473 employee of a Class "A" agency, a Class "A" and Class "B"
8474 agency, or a branch office. This does not include those who are
8475 exempt under s. 493.6102, but who possess a Class "C" license
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8476 solely for the purpose of holding a Class "G" license.
8477 (1)(5) Any individual who performs the services of a
8478 private investigator shall have a Class "C" license.
8479 (6) Any individual who performs private investigative work
8480 as an intern under the direction and control of a designated,
8481 sponsoring Class "C" licensee or a designated, sponsoring Class
8482 "MA" or Class "M" licensee must have a Class "CC" license.
8483 (2)(7) Only Class "M," Class "MA," Class "C," or Class
8484 "CC" licensees are permitted to bear a firearm, and any such
8485 licensee who bears a firearm shall also have a Class "G"
8486 license.
8487 (3)(8) A Class "C" or Class "CC" licensee may perform
8488 bodyguard services without obtaining a Class "D" license.
8489 Section 248. Section 493.6202, Florida Statutes, is
8490 amended to read:
8491 493.6202 Fees.—
8492 (1) The department shall establish by rule examination and
8493 license fees for Class "C" license—private investigators, not to
8494 exceed $75. the following:
8495 (a) Class "A" license—private investigative agency: $450.
8496 (b) Class "AA" or "AB" license—branch office: $125.
8497 (c) Class "MA" license—private investigative agency
8498 manager: $75.
8499 (d) Class "C" license—private investigator: $75.
8500 (e) Class "CC" license—private investigator intern: $60.
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8501 (2) The department may establish by rule a fee for the
8502 replacement or revision of a license, which fee shall not exceed
8503 $30.
8504 (3) The fees set forth in this section must be paid by
8505 check or money order or, at the discretion of the department, by
8506 electronic funds transfer at the time the application is
8507 approved, except that the applicant for a Class "G," or Class
8508 "C," Class "CC," Class "M," or Class "MA" license must pay the
8509 license fee at the time the application is made. If a license is
8510 revoked or denied or if the application is withdrawn, the
8511 license fee is nonrefundable.
8512 (4) The initial license fee for a veteran, as defined in
8513 s. 1.01, shall be waived if he or she applies for a Class "C,"
8514 Class "CC," or Class "MA" license within 24 months after being
8515 discharged from any branch of the United States Armed Forces. An
8516 eligible veteran must include a copy of his or her DD Form 214,
8517 as issued by the United States Department of Defense, or another
8518 acceptable form of identification as specified by the Department
8519 of Veterans' Affairs with his or her application in order to
8520 obtain a waiver.
8521 Section 249. Section 493.6203, Florida Statutes, is
8522 amended to read:
8523 493.6203 License requirements.—In addition to the license
8524 requirements set forth elsewhere in this chapter, each
8525 individual or agency shall comply with the following additional
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8526 requirements:
8527 (1) Each agency or branch office shall designate a minimum
8528 of one appropriately licensed individual to act as manager,
8529 directing the activities of the Class "C" or Class "CC"
8530 employees.
8531 (2) An applicant for a Class "MA" license must have 2
8532 years of lawfully gained, verifiable, full-time experience, or
8533 training in:
8534 (a) Private investigative work or related fields of work
8535 that provided equivalent experience or training;
8536 (b) Work as a Class "CC" licensed intern;
8537 (c) Any combination of paragraphs (a) and (b);
8538 (d) Experience described in paragraph (a) for 1 year and
8539 experience described in paragraph (e) for 1 year;
8540 (e) No more than 1 year using:
8541 1. College coursework related to criminal justice,
8542 criminology, or law enforcement administration; or
8543 2. Successfully completed law enforcement-related training
8544 received from any federal, state, county, or municipal agency;
8545 or
8546 (f) Experience described in paragraph (a) for 1 year and
8547 work in a managerial or supervisory capacity for 1 year.
8548
8549 However, experience in performing bodyguard services is not
8550 creditable toward the requirements of this subsection.
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8551 (3) An applicant for a Class "M" license shall qualify for
8552 licensure as a Class "MA" manager as outlined under subsection
8553 (2) and as a Class "MB" manager as outlined under s.
8554 493.6303(2).
8555 (1)(4) An applicant for a Class "C" license shall have 2
8556 years of lawfully gained, verifiable, full-time experience, or
8557 training in one, or a combination of more than one, of the
8558 following:
8559 (a) Private investigative work or related fields of work
8560 that provided equivalent experience or training.
8561 (b) College coursework related to criminal justice,
8562 criminology, or law enforcement administration, or successful
8563 completion of any law enforcement-related training received from
8564 any federal, state, county, or municipal agency, except that no
8565 more than 1 year may be used from this category.
8566 (c) Work as a Class "CC" licensed intern.
8567
8568 However, experience in performing bodyguard services is not
8569 creditable toward the requirements of this subsection.
8570 (2)(5) An applicant for a Class "MA," Class "M," or Class
8571 "C" license must pass an examination that covers the provisions
8572 of this chapter and is administered by the department or by a
8573 provider approved by the department. The applicant must pass the
8574 examination before applying for licensure and must submit proof
8575 with the license application on a form approved by rule of the
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8576 department that he or she has passed the examination. The
8577 administrator of the examination shall verify the identity of
8578 each applicant taking the examination.
8579 (a) The examination requirement in this subsection does
8580 not apply to an individual who holds a valid Class "CC," Class
8581 "C," Class "MA," or Class "M" license.
8582 (b) Notwithstanding the exemption provided in paragraph
8583 (a), if the license of an applicant for relicensure has been
8584 invalid for more than 1 year, the applicant must take and pass
8585 the examination.
8586 (c) The department shall establish by rule the content of
8587 the examination, the manner and procedure of its administration,
8588 and an examination fee that may not exceed $100.
8589 (6)(a) A Class "CC" licensee must serve an internship
8590 under the direction and control of a designated sponsor, who is
8591 a Class "C," Class "MA," or Class "M" licensee.
8592 (b) Before submission of an application to the department,
8593 the applicant for a Class "CC" license must have completed a
8594 minimum of 40 hours of professional training pertaining to
8595 general investigative techniques and this chapter, which course
8596 is offered by a state university or by a school, community
8597 college, college, or university under the purview of the
8598 Department of Education, and the applicant must pass an
8599 examination. The certificate evidencing satisfactory completion
8600 of the 40 hours of professional training must be submitted with
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8601 the application for a Class "CC" license. The training specified
8602 in this paragraph may be provided by face-to-face presentation,
8603 online technology, or a home study course in accordance with
8604 rules and procedures of the Department of Education. The
8605 administrator of the examination must verify the identity of
8606 each applicant taking the examination.
8607 1. Upon an applicant's successful completion of each part
8608 of the approved training and passage of any required
8609 examination, the school, community college, college, or
8610 university shall issue a certificate of completion to the
8611 applicant. The certificates must be on a form established by
8612 rule of the department.
8613 2. The department shall establish by rule the general
8614 content of the professional training and the examination
8615 criteria.
8616 3. If the license of an applicant for relicensure is
8617 invalid for more than 1 year, the applicant must complete the
8618 required training and pass any required examination.
8619 (c) An individual licensed on or before August 31, 2008,
8620 is not required to complete additional training hours in order
8621 to renew an active license beyond the total required hours, and
8622 the timeframe for completion in effect at the time he or she was
8623 licensed applies.
8624 (3)(7) In addition to any other requirement, an applicant
8625 for a Class "G" license shall satisfy the firearms training set
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8626 forth in s. 493.6115.
8627 Section 250. Subsections (1) through (6) of section
8628 493.6301, Florida Statutes, are amended to read:
8629 493.6301 Classes of licenses.—
8630 (1) Any person, firm, company, partnership, or corporation
8631 which engages in business as a security agency shall have a
8632 Class "B" license. A Class "B" license is valid for only one
8633 location.
8634 (2) Each branch office of a Class "B" agency shall have a
8635 Class "BB" license. Where a person, firm, company, partnership,
8636 or corporation holds both a Class "A" and Class "B" license,
8637 each branch office shall have a Class "AB" license.
8638 (3) Any individual who performs the services of a manager
8639 for a:
8640 (a) Class "B" security agency or Class "BB" branch office
8641 shall have a Class "MB" license. A Class "M" licensee, or a
8642 Class "D" licensee who has been so licensed for a minimum of 2
8643 years, may be designated as the manager, in which case the Class
8644 "MB" license is not required.
8645 (b) Class "A" and Class "B" agency or a Class "AB" branch
8646 office shall have a Class "M" license.
8647 (4) A Class "D" licensee shall own or be an employee of a
8648 Class "B" security agency or branch office. This does not
8649 include those individuals who are exempt under s. 493.6102(4)
8650 but who possess a Class "D" license solely for the purpose of
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8651 holding a Class "G" license.
8652 (1)(5) Any individual who performs the services of a
8653 security officer shall have a Class "D" license. However, a
8654 Class "C" licensee or a Class "CC" licensee may perform
8655 bodyguard services without a Class "D" license.
8656 (2)(6) Only Class "M," Class "MB," or Class "D" licensees
8657 are permitted to bear a firearm, and any such licensee who bears
8658 a firearm shall also have a Class "G" license.
8659 Section 251. Section 493.6302, Florida Statutes, is
8660 amended to read:
8661 493.6302 Fees.—
8662 (1) The department shall establish by rule license fees,
8663 not to exceed the following:
8664 (a) Class "B" license—security agency: $450.
8665 (b) Class "BB" or Class "AB" license—branch office: $125.
8666 (c) Class "MB" license—security agency manager: $75.
8667 (a)(d) Class "D" license—security officer: $45.
8668 (b)(e) Class "DS" license—security officer school or
8669 training facility: $60.
8670 (c)(f) Class "DI" license—security officer school or
8671 training facility instructor: $60.
8672 (2) The department may establish by rule a fee for the
8673 replacement or revision of a license, which fee shall not exceed
8674 $30.
8675 (3) The fees set forth in this section must be paid by
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8676 check or money order or, at the discretion of the department, by
8677 electronic funds transfer at the time the application is
8678 approved, except that the applicant for a Class "D," or Class
8679 "G," Class "M," or Class "MB" license must pay the license fee
8680 at the time the application is made. If a license is revoked or
8681 denied or if the application is withdrawn, the license fee is
8682 nonrefundable.
8683 (4) The initial license fee for a veteran, as defined in
8684 s. 1.01, shall be waived if he or she applies for a Class "D,"
8685 or Class "DI," or Class "MB" license within 24 months after
8686 being discharged from any branch of the United States Armed
8687 Forces. An eligible veteran must include a copy of his or her DD
8688 Form 214, as issued by the United States Department of Defense,
8689 or another acceptable form of identification as specified by the
8690 Department of Veterans' Affairs with his or her application in
8691 order to obtain a waiver.
8692 Section 252. Subsections (1), (2), and (3) of section
8693 493.6303, Florida Statutes, are amended to read:
8694 493.6303 License requirements.—In addition to the license
8695 requirements set forth elsewhere in this chapter, each
8696 individual or agency must comply with the following additional
8697 requirements:
8698 (1) Each agency or branch office shall designate a minimum
8699 of one appropriately licensed individual to act as manager,
8700 directing the activities of the Class "D" employees.
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8701 (2) An applicant for a Class "MB" license shall have 2
8702 years of lawfully gained, verifiable, full-time experience, or
8703 training in:
8704 (a) Security work or related fields of work that provided
8705 equivalent experience or training;
8706 (b) Experience described in paragraph (a) for 1 year and
8707 experience described in paragraph (c) for 1 year;
8708 (c) No more than 1 year using:
8709 1. Either college coursework related to criminal justice,
8710 criminology, or law enforcement administration; or
8711 2. Successfully completed law enforcement-related training
8712 received from any federal, state, county, or municipal agency;
8713 or
8714 (d) Experience described in paragraph (a) for 1 year and
8715 work in a managerial or supervisory capacity for 1 year.
8716 (3) An applicant for a Class "M" license shall qualify for
8717 licensure as a Class "MA" manager as outlined under s.
8718 493.6203(2) and as a Class "MB" manager as outlined under
8719 subsection (2).
8720 Section 253. Subsection (1) of section 493.6304, Florida
8721 Statutes, is amended to read:
8722 493.6304 Security officer school or training facility.—
8723 (1) Any school, training facility, or instructor who
8724 offers the training specified in s. 493.6303(1) s. 493.6303(4)
8725 for Class "D" applicants shall, before licensure of such school,
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8726 training facility, or instructor, file with the department an
8727 application accompanied by an application fee in an amount to be
8728 determined by rule, not to exceed $60. The fee is not
8729 refundable.
8730 Section 254. Subsection (2) of section 493.631, Florida
8731 Statutes, is amended to read:
8732 493.631 Temporary detention by a licensed security officer
8733 or licensed security agency manager at critical infrastructure
8734 facilities.—
8735 (2) As used in this section, the terms "security officer"
8736 and "security agency manager" mean a security officer or
8737 security agency manager who possess a valid Class "D" or Class
8738 "MB" license pursuant to s. 493.6301 and a valid Class "G"
8739 license pursuant to s. 493.6115.
8740 Section 255. Subsections (1), (2), (3), (5), and (6) of
8741 section 493.6401, Florida Statutes, are amended to read:
8742 493.6401 Classes of licenses.—
8743 (1) Any person, firm, company, partnership, or corporation
8744 which engages in business as a recovery agency shall have a
8745 Class "R" license. A Class "R" license is valid for only one
8746 location.
8747 (2) Each branch office of a Class "R" agency shall have a
8748 Class "RR" license.
8749 (3) Any individual who performs the services of a manager
8750 for a Class "R" recovery agency or a Class "RR" branch office
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8751 must have a Class "MR" license. A Class "E" licensee may be
8752 designated as the manager, in which case the Class "MR" license
8753 is not required.
8754 (5) Any individual who performs repossession as an intern
8755 under the direction and control of a designated, sponsoring
8756 Class "E" licensee or a designated, sponsoring Class "MR"
8757 licensee shall have a Class "EE" license.
8758 (6) Class "E" or Class "EE" licensees shall own or be an
8759 employee of a Class "R" agency or branch office.
8760 Section 256. Section 493.6402, Florida Statutes, is
8761 amended to read:
8762 493.6402 Fees.—
8763 (1) The department shall establish by rule license fees
8764 not to exceed the following:
8765 (a) Class "R" license—recovery agency: $450.
8766 (b) Class "RR" license—branch office: $125.
8767 (c) Class "MR" license—recovery agency manager: $75.
8768 (a)(d) Class "E" license—recovery agent: $75.
8769 (e) Class "EE" license—recovery agent intern: $60.
8770 (b)(f) Class "RS" license—recovery agent school or
8771 training facility: $60.
8772 (c)(g) Class "RI" license—recovery agent school or
8773 training facility instructor: $60.
8774 (2) The department may establish by rule a fee for the
8775 replacement or revision of a license, which fee shall not exceed
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8776 $30.
8777 (3) The fees set forth in this section must be paid by
8778 check or money order, or, at the discretion of the department,
8779 by electronic funds transfer at the time the application is
8780 approved, except that the applicant for a Class "E," Class "EE,"
8781 or Class "MR" license must pay the license fee at the time the
8782 application is made. If a license is revoked or denied, or if an
8783 application is withdrawn, the license fee is nonrefundable.
8784 (4) The initial license fee for a veteran, as defined in
8785 s. 1.01, shall be waived if he or she applies for a Class "E,"
8786 Class "EE," Class "MR," or Class "RI" license within 24 months
8787 after being discharged from any branch of the United States
8788 Armed Forces. An eligible veteran must include a copy of his or
8789 her DD Form 214, as issued by the United States Department of
8790 Defense, or another acceptable form of identification as
8791 specified by the Department of Veterans' Affairs with his or her
8792 application in order to obtain a waiver.
8793 Section 257. Section 493.6403, Florida Statutes, is
8794 amended to read:
8795 493.6403 License requirements.—
8796 (1) In addition to the license requirements set forth in
8797 this chapter, each individual or agency shall comply with the
8798 following additional requirements:
8799 (a) Each agency or branch office must designate a minimum
8800 of one appropriately licensed individual to act as manager,
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8801 directing the activities of the Class "E" or Class "EE"
8802 employees. A Class "E" licensee may be designated to act as
8803 manager of a Class "R" agency or branch office in which case the
8804 Class "MR" license is not required.
8805 (b) An applicant for Class "MR" license shall have at
8806 least 1 year of lawfully gained, verifiable, full-time
8807 experience as a Class "E" licensee performing repossessions of
8808 motor vehicles, mobile homes, motorboats, aircraft, personal
8809 watercraft, all-terrain vehicles, farm equipment, or industrial
8810 equipment.
8811 (c) an applicant for a Class "E" license shall have at
8812 least 1 year of lawfully gained, verifiable, full-time
8813 experience in one, or a combination of more than one, of the
8814 following:
8815 1. repossession of motor vehicles as defined in s.
8816 320.01(1), mobile homes as defined in s. 320.01(2), motorboats
8817 as defined in s. 327.02, aircraft as defined in s. 330.27(1),
8818 personal watercraft as defined in s. 327.02, all-terrain
8819 vehicles as defined in s. 316.2074, farm equipment as defined
8820 under s. 686.402, or industrial equipment as defined in s.
8821 493.6101(19) s. 493.6101(22).
8822 2. Work as a Class "EE" licensed intern.
8823 (2) An applicant for a Class "E" or a Class "EE" license
8824 must submit proof of successful completion of 40 hours of
8825 professional training at a school or training facility licensed
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8826 by the department. The department shall by rule establish the
8827 general content for the training.
8828 Section 258. Subsection (1) of section 493.6406, Florida
8829 Statutes, is amended to read:
8830 493.6406 Recovery agent school or training facility.—
8831 (1) Any school, training facility, or instructor who
8832 offers the training outlined in s. 493.6403(2) for Class "E" or
8833 Class "EE" applicants shall, before licensure of such school,
8834 training facility, or instructor, file with the department an
8835 application accompanied by an application fee in an amount to be
8836 determined by rule, not to exceed $60. The fee shall not be
8837 refundable. This training may be offered as face-to-face
8838 training, Internet-based training, or correspondence training.
8839 Section 259. Subsection (3) of section 514.0315, Florida
8840 Statutes, is amended to read:
8841 514.0315 Required safety features for public swimming
8842 pools and spas.—
8843 (3) The determination and selection of a feature under
8844 subsection (2) for a public swimming pool or spa constructed
8845 before January 1, 1993, is at the sole discretion of the owner
8846 or operator of the public swimming pool or spa. A licensed
8847 contractor described in s. 489.105(2)(j), (k), or (l) s.
8848 489.105(3)(j), (k), or (l) must install the feature.
8849 Section 260. Section 514.075, Florida Statutes, is amended
8850 to read:
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8851 514.075 Public pool service technician; certification.—The
8852 department may require that a public pool, as defined in s.
8853 514.011, be serviced by a person certified as a pool service
8854 technician. To be certified, an individual must demonstrate
8855 knowledge of public pools which includes, but is not limited to:
8856 pool cleaning; general pool maintenance; source of the water
8857 supply; bacteriological, chemical, and physical quality of
8858 water; and water purification, testing, treatment, and
8859 disinfection procedures. The department may, by rule, establish
8860 the requirement for the certification course and course
8861 approval. The department shall deem certified any individual who
8862 is certified by a course of national recognition or any person
8863 licensed under s. 489.105(2)(j), (k), or (l) s. 489.105(3)(j),
8864 (k), or (l). This requirement does not apply to a person, or the
8865 direct employee of a person, permitted as a public pool operator
8866 under s. 514.031.
8867 Section 261. Paragraph (d) of subsection (1) of section
8868 553.791, Florida Statutes, is amended to read:
8869 553.791 Alternative plans review and inspection.—
8870 (1) As used in this section, the term:
8871 (d) "Building code inspection services" means those
8872 services described in s. 468.603(4) and (7) s. 468.603(5) and
8873 (8) involving the review of building plans as well as those
8874 services involving the review of site plans and site work
8875 engineering plans or their functional equivalent, to determine
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8876 compliance with applicable codes and those inspections required
8877 by law, conducted either in person or virtually, of each phase
8878 of construction for which permitting by a local enforcement
8879 agency is required to determine compliance with applicable
8880 codes.
8881 Section 262. Section 553.998, Florida Statutes, is amended
8882 to read:
8883 553.998 Compliance.—All ratings must be determined using
8884 tools and procedures developed by the systems recognized under
8885 this part and must be certified by the rater as accurate and
8886 correct and in compliance with procedures of the system under
8887 which the rater is certified. The local enforcement agency shall
8888 accept duct and air infiltration tests conducted in accordance
8889 with the Florida Building Code, 5th Edition (2014) Energy
8890 Conservation, by individuals as defined in s. 553.993(5) or (7)
8891 or individuals licensed as set forth in s. 489.105(2)(f), (g),
8892 or (i) s. 489.105(3)(f), (g), or (i). The local enforcement
8893 agency may accept inspections in whole or in part by individuals
8894 as defined in s. 553.993(5) or (7).
8895 Section 263. Subsection (2) of section 569.34, Florida
8896 Statutes, is amended to read:
8897 569.34 Operating without a retail nicotine products dealer
8898 permit; penalty.—
8899 (2) A retail tobacco products dealer, as defined in s.
8900 569.002 s. 569.002(4), is not required to have a separate or
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8901 additional retail nicotine products dealer permit to deal, at
8902 retail, in nicotine products within this the state, or allow a
8903 nicotine products vending machine to be located on its premises
8904 in this the state. Any retail tobacco products dealer that
8905 deals, at retail, in nicotine products or allows a nicotine
8906 products vending machine to be located on its premises in this
8907 the state, is subject to, and must be in compliance with, this
8908 part.
8909 Section 264. Paragraph (a) of subsection (2) of section
8910 627.192, Florida Statutes, is amended to read:
8911 627.192 Workers' compensation insurance; employee leasing
8912 arrangements.—
8913 (2) For purposes of the Florida Insurance Code:
8914 (a) "Employee leasing" shall have the same meaning as
8915 provided in s. 468.520(3) set forth in s. 468.520(4).
8916 Section 265. Subsection (6) of section 633.216, Florida
8917 Statutes, is amended to read:
8918 633.216 Inspection of buildings and equipment; orders;
8919 firesafety inspection training requirements; certification;
8920 disciplinary action.—The State Fire Marshal and her or his
8921 agents or persons authorized to enforce laws and rules of the
8922 State Fire Marshal shall, at any reasonable hour, when the State
8923 Fire Marshal has reasonable cause to believe that a violation of
8924 this chapter or s. 509.215, or a rule adopted thereunder, or a
8925 minimum firesafety code adopted by the State Fire Marshal or a
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8926 local authority, may exist, inspect any and all buildings and
8927 structures which are subject to the requirements of this chapter
8928 or s. 509.215 and rules adopted thereunder. The authority to
8929 inspect shall extend to all equipment, vehicles, and chemicals
8930 which are located on or within the premises of any such building
8931 or structure.
8932 (6) The division and the Florida Building Code
8933 Administrators and Inspectors Board, established pursuant to s.
8934 468.605, shall enter into a reciprocity agreement to facilitate
8935 joint recognition of continuing education recertification hours
8936 for certificateholders licensed under s. 468.609 and firesafety
8937 inspectors certified under subsection (2).
8938 Section 266. Subsection (8) of section 713.01, Florida
8939 Statutes, is amended to read:
8940 713.01 Definitions.—As used in this part, the term:
8941 (8) "Contractor" means a person other than a materialman
8942 or laborer who enters into a contract with the owner of real
8943 property for improving it or who takes over from a contractor as
8944 so defined the entire remaining work under such contract. The
8945 term "contractor" includes an architect, landscape architect, or
8946 engineer who improves real property pursuant to a design-build
8947 contract authorized by s. 489.103(16). The term also includes a
8948 licensed general contractor or building contractor, as those
8949 terms are defined in s. 489.105(2)(a) and (b) s. 489.105(3)(a)
8950 and (b), respectively, who provides construction management
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8951 services, which include scheduling and coordinating
8952 preconstruction and construction phases for the construction
8953 project, or who provides program management services, which
8954 include schedule control, cost control, and coordinating the
8955 provision or procurement of planning, design, and construction
8956 for the construction project.
8957 Section 267. Subsection (4) of section 1006.12, Florida
8958 Statutes, is amended to read:
8959 1006.12 Safe-school officers at each public school.—For
8960 the protection and safety of school personnel, property,
8961 students, and visitors, each district school board and school
8962 district superintendent shall partner with law enforcement
8963 agencies or security agencies to establish or assign one or more
8964 safe-school officers at each school facility within the
8965 district, including charter schools. A district school board
8966 must collaborate with charter school governing boards to
8967 facilitate charter school access to all safe-school officer
8968 options available under this section. The school district may
8969 implement any combination of the options in subsections (1)-(4)
8970 to best meet the needs of the school district and charter
8971 schools.
8972 (4) SCHOOL SECURITY GUARD.—A school district or charter
8973 school governing board may contract with a security agency as
8974 defined in s. 493.6101(15) s. 493.6101(18) to employ as a school
8975 security guard an individual who holds a Class "D" and Class "G"
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8976 license pursuant to chapter 493, provided the following training
8977 and contractual conditions are met:
8978 (a) An individual who serves as a school security guard,
8979 for purposes of satisfying the requirements of this section,
8980 must:
8981 1. Demonstrate completion of 144 hours of required
8982 training pursuant to s. 30.15(1)(k)2.
8983 2. Pass a psychological evaluation administered by a
8984 psychologist licensed under chapter 490 and designated by the
8985 Department of Law Enforcement and submit the results of the
8986 evaluation to the sheriff's office, school district, or charter
8987 school governing board, as applicable. The Department of Law
8988 Enforcement is authorized to provide the sheriff's office,
8989 school district, or charter school governing board with mental
8990 health and substance abuse data for compliance with this
8991 paragraph.
8992 3. Submit to and pass an initial drug test and subsequent
8993 random drug tests in accordance with the requirements of s.
8994 112.0455 and the sheriff's office, school district, or charter
8995 school governing board, as applicable.
8996 4. Successfully complete ongoing training, weapon
8997 inspection, and firearm qualification on at least an annual
8998 basis and provide documentation to the sheriff's office, school
8999 district, or charter school governing board, as applicable.
9000 (b) The contract between a security agency and a school
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9001 district or a charter school governing board regarding
9002 requirements applicable to school security guards serving in the
9003 capacity of a safe-school officer for purposes of satisfying the
9004 requirements of this section shall define the entity or entities
9005 responsible for training and the responsibilities for
9006 maintaining records relating to training, inspection, and
9007 firearm qualification.
9008 (c) School security guards serving in the capacity of a
9009 safe-school officer pursuant to this subsection are in support
9010 of school-sanctioned activities for purposes of s. 790.115, and
9011 must aid in the prevention or abatement of active assailant
9012 incidents on school premises.
9013
9014 If a district school board, through its adopted policies,
9015 procedures, or actions, denies a charter school access to any
9016 safe-school officer options pursuant to this section, the school
9017 district must assign a school resource officer or school safety
9018 officer to the charter school. Under such circumstances, the
9019 charter school's share of the costs of the school resource
9020 officer or school safety officer may not exceed the safe school
9021 allocation funds provided to the charter school pursuant to s.
9022 1011.62(12) and shall be retained by the school district.
9023 Section 268. Subsections (5) and (6) of section 259.1053,
9024 Florida Statutes, are renumbered as subsections (4) and (5),
9025 respectively, and subsection (4) of that section is amended, to
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9026 read:
9027 259.1053 Babcock Ranch Preserve; Babcock Ranch Advisory
9028 Group.—
9029 (4) BABCOCK RANCH ADVISORY GROUP.—
9030 (a) The purpose of the Babcock Ranch Advisory Group is to
9031 assist the department by providing guidance and advice
9032 concerning the management and stewardship of the Babcock Ranch
9033 Preserve.
9034 (b) The Babcock Ranch Advisory Group shall be comprised of
9035 nine members appointed to 5-year terms. Based on recommendations
9036 from the Governor and Cabinet, the commission, and the governing
9037 boards of Charlotte County and Lee County, the commissioner
9038 shall appoint members as follows:
9039 1. One member with experience in sustainable management of
9040 forest lands for commodity purposes.
9041 2. One member with experience in financial management,
9042 budget and program analysis, and small business operations.
9043 3. One member with experience in management of game and
9044 nongame wildlife and fish populations, including hunting,
9045 fishing, and other recreational activities.
9046 4. One member with experience in domesticated livestock
9047 management, production, and marketing, including range
9048 management and livestock business management.
9049 5. One member with experience in agriculture operations or
9050 forestry management.
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9051 6. One member with experience in hunting, fishing, nongame
9052 species management, or wildlife habitat management, restoration,
9053 and conservation.
9054 7. One member with experience in public outreach and
9055 education.
9056 8. One member who is a resident of Lee County, to be
9057 designated by the Board of County Commissioners of Lee County.
9058 9. One member who is a resident of Charlotte County, to be
9059 designated by the Board of County Commissioners of Charlotte
9060 County.
9061
9062 Vacancies will be filled in the same manner in which the
9063 original appointment was made. A member appointed to fill a
9064 vacancy shall serve for the remainder of that term.
9065 (c) Members of the Babcock Ranch Advisory Group shall:
9066 1. Elect a chair and vice chair from among the group
9067 members.
9068 2. Meet regularly as determined by the chair.
9069 3. Serve without compensation but shall receive
9070 reimbursement for travel and per diem expenses as provided in s.
9071 112.061.
9072 Section 269. Subsection (2) of section 399.035, Florida
9073 Statutes, is amended to read:
9074 399.035 Elevator accessibility requirements for the
9075 physically handicapped.—
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9076 (2) Any building that is more than three stories high or
9077 in which the vertical distance between the bottom terminal
9078 landing and the top terminal landing exceeds 25 feet must be
9079 constructed to contain at least one passenger elevator that is
9080 operational and will accommodate an ambulance stretcher size
9081 specified in the edition of the Florida Building Code that was
9082 in effect at the time of receipt of an application for
9083 construction permit for the elevator 76 inches long and 24
9084 inches wide in the horizontal position.
9085 Section 270. Subsection (1) of section 373.219, Florida
9086 Statutes, is amended to read:
9087 373.219 Permits required.—
9088 (1) The governing board or the department may require such
9089 permits for consumptive use of water and may impose such
9090 reasonable conditions as are necessary to assure that such use
9091 is consistent with the overall objectives of the district or
9092 department and is not harmful to the water resources of the
9093 area. However, a no permit is not shall be required for:
9094 (a) Domestic consumption of water by individual users.
9095 (b) Landscape irrigation water use by a property owner of
9096 a residential single-family home.
9097 Section 271. Paragraph (a) of subsection (3) of section
9098 455.02, Florida Statutes, is amended, and subsections (1) and
9099 (2) of that section are republished, to read:
9100 455.02 Licensure of members of the Armed Forces in good
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9101 standing and their spouses or surviving spouses with
9102 administrative boards or programs.—
9103 (1) Any member of the United States Armed Forces now or
9104 hereafter on active duty who, at the time of becoming such a
9105 member, was in good standing with any of the boards or programs
9106 listed in s. 20.165 and was entitled to practice or engage in
9107 his or her profession or occupation in the state shall be kept
9108 in good standing by the applicable board or program, without
9109 registering, paying dues or fees, or performing any other act on
9110 his or her part to be performed, as long as he or she is a
9111 member of the United States Armed Forces on active duty and for
9112 a period of 2 years after discharge from active duty. A member,
9113 during active duty and for a period of 2 years after discharge
9114 from active duty, engaged in his or her licensed profession or
9115 occupation in the private sector for profit in this state must
9116 complete all license renewal provisions except remitting the
9117 license renewal fee, which shall be waived by the department.
9118 (2) A spouse of a member of the United States Armed Forces
9119 who is married to a member during a period of active duty, or a
9120 surviving spouse of a member who at the time of death was
9121 serving on active duty, who is in good standing with any of the
9122 boards or programs listed in s. 20.165 shall be kept in good
9123 standing by the applicable board or program as described in
9124 subsection (1) and shall be exempt from licensure renewal
9125 provisions, but only in cases of his or her absence from the
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9126 state because of his or her spouse's duties with the United
9127 States Armed Forces. The department or the appropriate board or
9128 program shall waive any license renewal fee for such spouse when
9129 he or she is present in this state because of such member's
9130 active duty and for a surviving spouse of a member who at the
9131 time of death was serving on active duty and died within the 2
9132 years preceding the date of renewal.
9133 (3)(a) The department shall issue a professional license
9134 to an applicant who is or was an active duty member of the Armed
9135 Forces of the United States, or who is a spouse or surviving
9136 spouse of such member, upon application to the department in a
9137 format prescribed by the department. An application must include
9138 proof that:
9139 1. The applicant is or was an active duty member of the
9140 Armed Forces of the United States or is married to a member of
9141 the Armed Forces of the United States and was married to the
9142 member during any period of active duty or was married to such a
9143 member who at the time of the member's death was serving on
9144 active duty. An applicant who was an active duty member of the
9145 Armed Forces of the United States must have received an
9146 honorable discharge upon separation or discharge from the Armed
9147 Forces of the United States.
9148 2. The applicant holds a valid license for the profession
9149 issued by another state, the District of Columbia, any
9150 possession or territory of the United States, or any foreign
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9151 jurisdiction.
9152 3. The applicant, where required by the specific practice
9153 act, has complied with insurance or bonding requirements.
9154 4.a. A complete set of the applicant's fingerprints is
9155 submitted to the Department of Law Enforcement for a statewide
9156 criminal history check for those professions that require
9157 fingerprints for initial licensure.
9158 b. The Department of Law Enforcement shall forward the
9159 fingerprints submitted pursuant to sub-subparagraph a. to the
9160 Federal Bureau of Investigation for a national criminal history
9161 check. The department shall, and the board may, review the
9162 results of the criminal history checks according to the level 2
9163 screening standards in s. 435.04 and determine whether the
9164 applicant meets the licensure requirements. The costs of
9165 fingerprint processing shall be borne by the applicant. If the
9166 applicant's fingerprints are submitted through an authorized
9167 agency or vendor, the agency or vendor must shall collect the
9168 required processing fees and remit the fees to the Department of
9169 Law Enforcement.
9170 Section 272. Paragraph (a) of subsection (3) of section
9171 455.213, Florida Statutes, is amended to read:
9172 455.213 General licensing provisions.—
9173 (3)(a) Notwithstanding any other law, the department
9174 applicable board shall use the process in this subsection for
9175 review of an applicant's criminal record to determine his or her
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9176 eligibility for licensure as:
9177 1. A barber under chapter 476;
9178 2. A cosmetologist or cosmetology specialist under chapter
9179 477;
9180 2.3. Any of the following construction professions under
9181 chapter 489:
9182 a. Air-conditioning contractor;
9183 b. Electrical contractor;
9184 c. Mechanical contractor;
9185 d. Plumbing contractor;
9186 e. Pollutant storage systems contractor;
9187 f. Roofing contractor;
9188 g. Sheet metal contractor;
9189 h. Solar contractor;
9190 i. Swimming pool and spa contractor;
9191 j. Underground utility and excavation contractor; or
9192 k. Other specialty contractors; or
9193 3.4. Any other profession for which the department issues
9194 a license, provided the profession is offered to inmates in any
9195 correctional institution or correctional facility as vocational
9196 training or through an industry certification program.
9197 Section 273. Subsection (1) of section 468.386, Florida
9198 Statutes, is amended to read:
9199 468.386 Fees; local licensing requirements.—
9200 (1)(a) The department board by rule may establish
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9201 application, examination, licensure, renewal, and other
9202 reasonable and necessary fees, based upon the department's
9203 estimate of the costs to the board in administering this act.
9204 (b) Effective July 1, 2026, all fees established by the
9205 department in administering this act shall be reduced by 50
9206 percent.
9207 Section 274. Subsection (1), paragraph (c) of subsection
9208 (2), subsections (4) and (5), paragraphs (b) and (e) of
9209 subsection (6), paragraphs (a) and (c) of subsection (7), and
9210 subsections (8) and (10) of section 468.609, Florida Statutes,
9211 are amended to read:
9212 468.609 Administration of this part; standards for
9213 certification; additional categories of certification.—
9214 (1) Except as provided in this part, any person who
9215 desires to be certified shall apply to the department board, in
9216 writing upon forms approved and furnished by the department
9217 board, to take the certification examination.
9218 (2) A person may take the examination for certification as
9219 a building code inspector or plans examiner pursuant to this
9220 part if the person:
9221 (c) Meets eligibility requirements according to one of the
9222 following criteria:
9223 1. Demonstrates 4 years' combined experience in the field
9224 of construction or a related field, building code inspection, or
9225 plans review corresponding to the certification category sought;
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9226 2. Demonstrates a combination of postsecondary education
9227 in the field of construction or a related field and experience
9228 which totals 3 years, with at least 1 year of such total being
9229 experience in construction, building code inspection, or plans
9230 review;
9231 3. Demonstrates a combination of technical education in
9232 the field of construction or a related field and experience
9233 which totals 3 years, with at least 1 year of such total being
9234 experience in construction, building code inspection, or plans
9235 review;
9236 4. Currently holds a standard certificate issued by the
9237 department board or a firesafety inspector license issued under
9238 chapter 633, with a minimum of 3 years' verifiable full-time
9239 experience in firesafety inspection or firesafety plan review,
9240 and has satisfactorily completed a building code inspector or
9241 plans examiner training program that provides at least 100 hours
9242 but not more than 200 hours of cross-training in the
9243 certification category sought. The department board shall
9244 establish by rule criteria for the development and
9245 implementation of the training programs. The department board
9246 must accept all classroom training offered by an approved
9247 provider if the content substantially meets the intent of the
9248 classroom component of the training program;
9249 5. Demonstrates a combination of the completion of an
9250 approved training program in the field of building code
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9251 inspection or plan review and a minimum of 2 years' experience
9252 in the field of building code inspection, plan review, fire code
9253 inspections and fire plans review of new buildings as a
9254 firesafety inspector certified under s. 633.216, or
9255 construction. The approved training portion of this requirement
9256 must include proof of satisfactory completion of a training
9257 program that provides at least 200 hours but not more than 300
9258 hours of cross-training that is approved by the department board
9259 in the chosen category of building code inspection or plan
9260 review in the certification category sought with at least 20
9261 hours but not more than 30 hours of instruction in state laws,
9262 rules, and ethics relating to professional standards of
9263 practice, duties, and responsibilities of a certificateholder.
9264 The department board shall coordinate with the Building
9265 Officials Association of Florida, Inc., to establish by rule the
9266 development and implementation of the training program. However,
9267 the department board must accept all classroom training offered
9268 by an approved provider if the content substantially meets the
9269 intent of the classroom component of the training program;
9270 6. Currently holds a standard certificate issued by the
9271 department board or a firesafety inspector license issued under
9272 chapter 633 and:
9273 a. Has at least 4 years' verifiable full-time experience
9274 as an inspector or plans examiner in a standard certification
9275 category currently held or has a minimum of 4 years' verifiable
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9276 full-time experience as a firesafety inspector licensed under
9277 chapter 633.
9278 b. Has satisfactorily completed a building code inspector
9279 or plans examiner classroom training course or program that
9280 provides at least 200 but not more than 300 hours in the
9281 certification category sought, except for residential training
9282 programs, which must provide at least 500 but not more than 800
9283 hours of training as prescribed by the department board. The
9284 department board shall establish by rule criteria for the
9285 development and implementation of classroom training courses and
9286 programs in each certification category; or
9287 7.a. Has completed a 4-year internship certification
9288 program as a building code inspector or plans examiner,
9289 including an internship program for residential inspectors,
9290 while also employed full time by a municipality, county, or
9291 other governmental jurisdiction, under the direct supervision of
9292 a certified building official. A person may also complete the
9293 internship certification program, including an internship
9294 program for residential inspectors, while employed full time by
9295 a private provider or a private provider's firm that performs
9296 the services of a building code inspector or plans examiner,
9297 while under the direct supervision of a certified building
9298 official. Proof of graduation with a related vocational degree
9299 or college degree or of verifiable work experience may be
9300 exchanged for the internship experience requirement year-for-
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9301 year, but may reduce the requirement to no less than 1 year.
9302 Proof of verifiable work experience as an inspector or plans
9303 examiner of any other type may be exchanged for the internship
9304 experience requirement year-for-year, but may reduce the
9305 requirement to no less than 1 year.
9306 b. Has passed an examination administered by the
9307 International Code Council in the certification category sought.
9308 Such examination must be passed before beginning the internship
9309 certification program.
9310 c. Has passed the principles and practice examination
9311 before completing the internship certification program.
9312 d. Has passed a department-approved board-approved 40-hour
9313 code training course in the certification category sought before
9314 completing the internship certification program.
9315 e. Has obtained a favorable recommendation from the
9316 supervising building official after completion of the internship
9317 certification program.
9318 (4) No person may engage in the duties of a building code
9319 administrator, plans examiner, or building code inspector
9320 pursuant to this part after October 1, 1993, unless such person
9321 possesses one of the following types of certificates, currently
9322 valid, issued by the department board attesting to the person's
9323 qualifications to hold such position:
9324 (a) A standard certificate.
9325 (b) A limited certificate.
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9326 (c) A provisional certificate.
9327 (5)(a) To obtain a standard certificate, an individual
9328 must pass an examination approved by the department board which
9329 demonstrates that the applicant has fundamental knowledge of the
9330 state laws and codes relating to the construction of buildings
9331 for which the applicant has building code administration, plans
9332 examination, or building code inspection responsibilities. It is
9333 the intent of the Legislature that the examination approved for
9334 certification pursuant to this part be substantially equivalent
9335 to the examinations administered by the International Code
9336 Council.
9337 (b) A standard certificate shall be issued to each
9338 applicant who successfully completes the examination, which
9339 certificate authorizes the individual named thereon to practice
9340 throughout the state as a building code administrator, plans
9341 examiner, or building code inspector within such class and level
9342 as is specified by the department board.
9343 (c) The department board may accept proof that the
9344 applicant has passed an examination which is substantially
9345 equivalent to the department-approved board-approved examination
9346 set forth in this section.
9347 (6)
9348 (b) By October 1, 1993, individuals who were employed on
9349 July 1, 1993, as building code administrators, plans examiners,
9350 or building code inspectors, who are not eligible for a standard
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9351 certificate, but who wish to continue in such employment, shall
9352 submit to the department board the appropriate application and
9353 certification fees and shall receive a limited certificate
9354 qualifying them to engage in building code administration, plans
9355 examination, or building code inspection in the class, at the
9356 performance level, and within the governmental jurisdiction in
9357 which such person is employed.
9358 (e) By March 1, 2003, or 1 year after the Florida Building
9359 Code is implemented, whichever is later, individuals who were
9360 employed by an educational board, the Department of Education,
9361 or the State University System as building code administrators,
9362 plans examiners, or inspectors, who do not wish to apply for a
9363 standard certificate but who wish to continue in such
9364 employment, shall submit to the department board the appropriate
9365 application and certification fees and shall receive a limited
9366 certificate qualifying such individuals to engage in building
9367 code administration, plans examination, or inspection in the
9368 class, at the performance level, and within the governmental
9369 jurisdiction in which such person is employed.
9370 (7)(a) The department board shall provide for the issuance
9371 of provisional certificates valid for 2 years, as specified by
9372 department board rule, to any building code inspector or plans
9373 examiner who meets the eligibility requirements described in
9374 subsection (2) and any newly employed or promoted building code
9375 administrator who meets the eligibility requirements described
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9376 in subsection (3). The provisional license may be renewed by the
9377 department board for just cause; however, a provisional license
9378 is not valid for longer than 3 years.
9379 (c) The department board shall provide for appropriate
9380 levels of provisional certificates and may issue these
9381 certificates with such special conditions or requirements as the
9382 department board deems necessary to protect the public safety
9383 and health. The department board may not place a special
9384 condition or requirement on a provisional certificate with
9385 respect to the requirement of employment by a municipality,
9386 county, or other local governmental agency.
9387 (8) Any individual applying to the department board may be
9388 issued a certificate valid for multiple building code inspection
9389 classes, as deemed appropriate by the department board.
9390 (10)(a) The department board may by rule create categories
9391 of certification in addition to those defined in s. 468.603(4)
9392 and (7) s. 468.603(5) and (8). Such certification categories may
9393 shall not be mandatory and may shall not act to diminish the
9394 scope of any certificate created by statute.
9395 (b) The department board shall by rule establish:
9396 1. Reciprocity of certification with any other state that
9397 requires an examination administered by the International Code
9398 Council.
9399 2. That an applicant for certification as a building code
9400 inspector or plans examiner may apply for a provisional
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9401 certificate valid for the duration of the internship period.
9402 3. That partial completion of an internship program is
9403 transferable among jurisdictions, private providers, and firms
9404 of private providers on a form prescribed by the department
9405 board.
9406 4. That an applicant may apply for a standard certificate
9407 on a form prescribed by the department board upon successful
9408 completion of an internship certification program.
9409 5. That an applicant may apply for a standard certificate
9410 at least 30 days but no more than 60 days before completing the
9411 internship certification program.
9412 6. That a building code inspector or plans examiner who
9413 has standard certification may seek an additional certification
9414 in another category by completing an additional nonconcurrent 1-
9415 year internship program in the certification category sought and
9416 passing an examination administered by the International Code
9417 Council and a department-approved board-approved 40-hour code
9418 training course.
9419 Section 275. Section 471.015, Florida Statutes, is amended
9420 to read:
9421 471.015 Licensure.—
9422 (1) The department management corporation shall issue a
9423 license to any applicant who the department board certifies is
9424 qualified to practice engineering and who has passed the
9425 fundamentals examination and the principles and practice
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9426 examination.
9427 (2)(a) The department board shall certify for licensure
9428 any applicant who has submitted proof satisfactory to the
9429 department board that he or she is at least 18 years of age and
9430 who:
9431 1. Satisfies the requirements of s. 471.013(1)(a)1. and
9432 has a record of at least 4 years of active engineering
9433 experience of a character indicating competence to be in
9434 responsible charge of engineering; or
9435 2. Satisfies the requirements of s. 471.013(1)(a)2. and
9436 has a record of at least 6 years of active engineering
9437 experience of a character indicating competence to be in
9438 responsible charge of engineering.
9439 (b) The department board may refuse to certify any
9440 applicant who has violated s. 471.031.
9441 (3) The department board shall certify as qualified for a
9442 license by endorsement an applicant who:
9443 (a) Qualifies to take the fundamentals examination and the
9444 principles and practice examination as set forth in s. 471.013,
9445 has passed a United States national, regional, state, or
9446 territorial licensing examination that is substantially
9447 equivalent to the fundamentals examination and principles and
9448 practice examination required by s. 471.013, and has satisfied
9449 the experience requirements set forth in paragraph (2)(a) and s.
9450 471.013; or
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9451 (b) Holds a valid license to practice engineering issued
9452 by another state or territory of the United States, or a foreign
9453 jurisdiction if the criteria for issuance of the license were
9454 substantially the same as the licensure criteria that existed in
9455 this state at the time the license was issued; or
9456 (c) Holds a valid license to practice engineering issued
9457 by a foreign jurisdiction approved by the board and holds an
9458 active Council Record with the National Council of Examiners for
9459 Engineering and Surveying.
9460 (4) The department may management corporation shall not
9461 issue a license by endorsement to any applicant who is under
9462 investigation in another state for any act that would constitute
9463 a violation of this chapter or of chapter 455 until such time as
9464 the investigation is complete and disciplinary proceedings have
9465 been terminated.
9466 (5)(a) The department board shall deem that an applicant
9467 who seeks licensure by endorsement has passed an examination
9468 substantially equivalent to the fundamentals examination when
9469 such applicant has held a valid professional engineer's license
9470 in another state for 10 years.
9471 (b) The department board shall deem that an applicant who
9472 seeks licensure by endorsement has passed an examination
9473 substantially equivalent to the fundamentals examination and the
9474 principles and practices examination when such applicant has
9475 held a valid professional engineer's license in another state
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9476 for 15 years.
9477 (6) The department board may require a personal appearance
9478 by any applicant for licensure under this chapter. Any applicant
9479 of whom a personal appearance is required must be given adequate
9480 notice of the time and place of the appearance and provided with
9481 a statement of the purpose of and reasons requiring the
9482 appearance. If an applicant is required to appear, the time
9483 period within which a licensure application must be granted or
9484 denied is tolled until such time as the applicant appears.
9485 However, if the applicant fails to appear before the department
9486 board at either of the next two regularly scheduled department
9487 board meetings, the application for licensure may be denied.
9488 (7) The department board shall, by rule, establish
9489 qualifications for certification of licensees as special
9490 inspectors of threshold buildings, as defined in ss. 553.71 and
9491 553.79, and shall compile a list of persons who are certified. A
9492 special inspector is not required to meet standards for
9493 certification other than those established by the department
9494 board, and the fee owner of a threshold building may not be
9495 prohibited from selecting any person certified by the department
9496 board to be a special inspector. The department board shall
9497 develop minimum qualifications for the qualified representative
9498 of the special inspector who is authorized to perform
9499 inspections of threshold buildings on behalf of the special
9500 inspector under s. 553.79.
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9501 Section 276. Effective January 1, 2026, section 473.308,
9502 Florida Statutes, is amended to read:
9503 473.308 Licensure.—
9504 (1) A person desiring to be licensed as a Florida
9505 certified public accountant in this state shall apply to the
9506 department for licensure, and the department shall license any
9507 applicant who the department board certifies is qualified to
9508 practice public accounting.
9509 (2) The department board shall certify for licensure any
9510 applicant who successfully passes the licensure examination and
9511 satisfies the requirements of subsections (4), (5), and (6), and
9512 shall certify for licensure any firm that satisfies the
9513 requirements of ss. 473.309 and 473.3101. The department board
9514 may refuse to certify any applicant or firm that has violated
9515 any of the provisions of s. 473.322.
9516 (3) A person desiring to be licensed as a Florida
9517 certified public accountant or a firm desiring to engage in the
9518 practice of public accounting must create and maintain an online
9519 account with the department and provide an e-mail address to
9520 function as the primary means of contact for all communication
9521 from the department. Certified public accountants and firms are
9522 responsible for maintaining accurate contact information on file
9523 with the department and must submit any change in an e-mail
9524 address or street address within 30 days after the change. All
9525 changes must be submitted through the department's online
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9526 system.
9527 (4)(a) An applicant for licensure must:
9528 1. Complete have at least 150 semester hours of college
9529 education, including a baccalaureate or higher degree conferred
9530 by an accredited college or university, with a concentration in
9531 accounting and business as prescribed by the department; in the
9532 total educational program to the extent specified by the board.
9533 2. Hold a master's degree in accounting or finance
9534 conferred by an accredited college or university with a
9535 concentration in accounting and business as prescribed by the
9536 department;
9537 3. Hold a baccalaureate degree in accounting or finance
9538 conferred by an accredited college or university with a
9539 concentration in accounting and business as prescribed by the
9540 department; or
9541 4. Hold a baccalaureate degree in any major course of
9542 study conferred by an accredited college or university and have
9543 completed coursework required for a concentration in accounting
9544 and business as prescribed by the department.
9545 (b) The department shall prescribe the coursework required
9546 for a concentration in accounting and business. The department
9547 may deem that an applicant has satisfied requirements for such
9548 coursework if the applicant receives a baccalaureate or higher
9549 degree in accounting or finance conferred by an accredited
9550 college or university in a state or territory of the United
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9551 States. An applicant receiving a baccalaureate or higher degree
9552 with a major course of study other than accounting or finance
9553 must complete the coursework required for a concentration in
9554 accounting and business as prescribed by the department.
9555 (5)(a) An applicant for licensure who completes the
9556 education requirements under subparagraph (4)(a)1. or
9557 subparagraph (4)(a)2. after December 31, 2008, must show that he
9558 or she has had 1 year of work experience. An applicant who
9559 completes the education requirements under subparagraph (4)(a)3.
9560 or subparagraph (4)(a)4. must show 2 years of work experience.
9561 (b) The work experience under paragraph (a) This
9562 experience shall include providing any type of service or advice
9563 involving the use of accounting, attest, compilation, management
9564 advisory, financial advisory, tax, or consulting skills, all of
9565 which must be verified by a certified public accountant who is
9566 licensed by a state or territory of the United States. This
9567 experience is acceptable if it was gained through employment in
9568 government, industry, academia, or public practice; constituted
9569 a substantial part of the applicant's duties; and was verified
9570 by a certified public accountant licensed by a state or
9571 territory of the United States.
9572 (c) The department board shall adopt rules specifying
9573 standards and providing for the review and approval of the work
9574 experience required by this subsection section.
9575 (d)(b) However, an applicant who completed the
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9576 requirements of subsection (4) on or before December 31, 2008,
9577 and who passes the licensure examination on or before June 30,
9578 2010, is exempt from the requirements of this subsection.
9579 (6)(a) An applicant for licensure must shall show that she
9580 or he the applicant has good moral character. For purposes of
9581 this paragraph, the term
9582 (7)(a) "good moral character" means a personal history of
9583 honesty, fairness, and respect for the rights of others and for
9584 the laws of this state and nation.
9585 (b) The department board may refuse to certify an
9586 applicant for failure to satisfy this requirement if:
9587 1. The department board finds a reasonable relationship
9588 between the lack of good moral character of the applicant and
9589 the professional responsibilities of a certified public
9590 accountant; and
9591 2. The finding by the department board of lack of good
9592 moral character is supported by competent substantial evidence.
9593 (c) When an applicant is found to be unqualified for a
9594 license because of a lack of good moral character, the
9595 department board shall furnish to the applicant a statement
9596 containing the findings of the department board, a complete
9597 record of the evidence upon which the determination was based,
9598 and a notice of the rights of the applicant to a rehearing and
9599 appeal.
9600 (7)(8) The department board shall certify as qualified for
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9601 a license by endorsement an applicant who:
9602 (a) Is not licensed and has not been licensed in any state
9603 or territory and who has met the requirements of this section
9604 for education, work experience, and good moral character and has
9605 passed a national, regional, state, or territorial licensing
9606 examination that is substantially equivalent to the examination
9607 required by s. 473.306; or
9608 (b)1. holds an active a valid license as a certified
9609 public accountant to practice public accounting issued by
9610 another state or a territory of the United States, if the
9611 applicant has maintained good moral character and, at the time
9612 of licensure by such other state or territory, the applicant was
9613 required to show evidence of having obtained at least a
9614 baccalaureate degree from an accredited college or university
9615 and having passed the Uniform CPA Examination criteria for
9616 issuance of such license were substantially equivalent to the
9617 licensure criteria that existed in this state at the time the
9618 license was issued;
9619 2. Holds a valid license to practice public accounting
9620 issued by another state or territory of the United States but
9621 the criteria for issuance of such license did not meet the
9622 requirements of subparagraph 1.; has met the requirements of
9623 this section for education, work experience, and good moral
9624 character; and has passed a national, regional, state, or
9625 territorial licensing examination that is substantially
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9626 equivalent to the examination required by s. 473.306; or
9627 3. Holds a valid license to practice public accounting
9628 issued by another state or territory of the United States for at
9629 least 10 years before the date of application; has passed a
9630 national, regional, state, or territorial licensing examination
9631 that is substantially equivalent to the examination required by
9632 s. 473.306; and has met the requirements of this section for
9633 good moral character.
9634 (9) If the applicant has at least 5 years of experience in
9635 the practice of public accountancy in the United States or in
9636 the practice of public accountancy or its equivalent in a
9637 foreign country that the International Qualifications Appraisal
9638 Board of the National Association of State Boards of Accountancy
9639 has determined has licensure standards that are substantially
9640 equivalent to those in the United States, or has at least 5
9641 years of work experience that meets the requirements of
9642 subsection (5), the board must waive the requirements of
9643 subsection (4) which are in excess of a baccalaureate degree.
9644 All experience that is used as a basis for waiving the
9645 requirements of subsection (4) must be while licensed as a
9646 certified public accountant by another state or territory of the
9647 United States or while licensed in the practice of public
9648 accountancy or its equivalent in a foreign country that the
9649 International Qualifications Appraisal Board of the National
9650 Association of State Boards of Accountancy has determined has
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9651 licensure standards that are substantially equivalent to those
9652 in the United States. The board shall have the authority to
9653 establish the standards for experience that meet this
9654 requirement.
9655 (8)(10) The department board may refuse to certify for
9656 licensure any applicant who is under investigation in another
9657 state for any act that would constitute a violation of this act
9658 or chapter 455, until such time as the investigation is complete
9659 and disciplinary proceedings are have been terminated.
9660 Section 277. Section 473.3085, Florida Statutes, is
9661 created to read:
9662 473.3085 Licensure of international applicants.—
9663 (1) An international applicant who seeks licensure as a
9664 certified public accountant in this state must meet the
9665 requirements for education, work experience, and good moral
9666 character under s. 473.308.
9667 (2) An applicant must apply to the department for
9668 licensure.
9669 (3) An international applicant must create and maintain an
9670 online account with the department and provide an e-mail address
9671 to function as the primary means of contact for all
9672 communication from the department. An applicant must submit any
9673 change in e-mail address within 30 days after the change. All
9674 changes must be submitted through the department's online
9675 system.
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9676 (4) The department shall certify for licensure any
9677 applicant who satisfies the requirements of subsections (1) and
9678 (2), except the department may refuse to certify an applicant
9679 who has violated s. 473.322.
9680 (5) The department shall adopt rules to implement this
9681 section.
9682 Section 278. Effective January 1, 2026, subsections (1),
9683 (3), and (4) of section 473.3141, Florida Statutes, are amended
9684 to read:
9685 473.3141 Certified public accountants licensed in other
9686 states.—
9687 (1) Except as otherwise provided in this chapter, An
9688 individual who holds an active license in good standing as a
9689 certified public accountant in another state or a territory of
9690 the United States and who does not have an office in this state
9691 has the privileges of Florida certified public accountants and
9692 may provide public accounting services in this state without
9693 obtaining a license under this chapter or notifying or
9694 registering with the department board or paying a fee if, at the
9695 time of licensure by such other state or territory, the
9696 individual was required to show evidence of having obtained at
9697 least a baccalaureate degree and having passed the Uniform CPA
9698 Examination:
9699 (a) Holds a valid license as a certified public accountant
9700 from a state that the board or its designee has determined by
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9701 rule to have adopted standards that are substantially equivalent
9702 to the certificate requirements in s. 5 of the Uniform
9703 Accountancy Act in the issuance of licenses; or
9704 (b) Holds a valid license as a certified public accountant
9705 from a state that has not been approved by the board as having
9706 adopted standards in substantial equivalence with s. 5 of the
9707 Uniform Accountancy Act, but obtains verification from the
9708 board, or its designee, as determined by rule, that the
9709 individual's certified public accountant qualifications are
9710 substantially equivalent to the certificate requirements in s. 5
9711 of the Uniform Accountancy Act.
9712
9713 The department board shall define by rule what constitutes an
9714 office.
9715 (3) An individual certified public accountant from another
9716 state or a territory of the United States who practices pursuant
9717 to this section, and the firm that employs that individual,
9718 shall both consent, as a condition of the privilege of
9719 practicing in this state:
9720 (a) To the personal and subject matter jurisdiction and
9721 disciplinary authority of the department board;
9722 (b) To comply with this chapter and the applicable
9723 department board rules;
9724 (c) That if the individual's license as a certified public
9725 accountant from another the state or a territory of the United
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9726 States becomes invalid of the individual's principal place of
9727 business is no longer valid, the individual must will cease
9728 offering or rendering public accounting services in this state,
9729 individually and on behalf of a firm; and
9730 (d) To the appointment of the department state board that
9731 issued the individual's license as the agent upon whom process
9732 may be served in any action or proceeding by the board or
9733 department against the individual or firm.
9734 (4) An individual who qualifies to practice under this
9735 section may perform the services identified in s. 473.302(7)(a)
9736 s. 473.302(8)(a) only through a firm that has obtained a license
9737 issued under s. 473.3101 or is authorized by s. 473.3101 to
9738 provide such services.
9739 Section 279. Subsections (2), (8), and (9) of section
9740 476.184, Florida Statutes, are amended, and subsection (11) is
9741 added to that section, to read:
9742 476.184 Barbershop licensure; requirements; fee;
9743 inspection; license display.—
9744 (2) The department board shall adopt rules governing the
9745 licensure and operation of a barbershop and its facilities,
9746 personnel, safety and sanitary requirements, and the license
9747 application and granting process.
9748 (8) Renewal of license registration for barbershops shall
9749 be accomplished pursuant to rules adopted by the department
9750 board. The department board is further authorized to adopt rules
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9751 governing delinquent renewal of licenses and may impose penalty
9752 fees for delinquent renewal.
9753 (9) The department board is authorized to adopt rules
9754 governing the operation and periodic inspection of barbershops
9755 licensed under this chapter.
9756 (11)(a) The department shall adopt rules governing the
9757 licensure, operation, and inspection of mobile barbershops,
9758 including their facilities, personnel, and safety and sanitary
9759 requirements.
9760 (b) Each mobile barbershop must comply with all licensure
9761 and operating requirements specified in this chapter, chapter
9762 455, or rules of the department that apply to barbershops at
9763 fixed locations, except to the extent that such requirements
9764 conflict with this subsection or rules adopted pursuant to this
9765 subsection.
9766 (c) A mobile barbershop must maintain a permanent business
9767 address, located in the inspection area of the local department
9768 office, at which records of appointments, itineraries, license
9769 numbers of employees, and vehicle identification numbers of the
9770 licenseholder's mobile barbershop shall be kept and made
9771 available for verification purposes by department personnel, and
9772 at which correspondence from the department can be received.
9773 (d) To facilitate periodic inspections of a mobile
9774 barbershop, before the beginning of each month each mobile
9775 barbershop licenseholder must file with the department a written
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9776 monthly itinerary listing the locations where and the dates and
9777 hours when the mobile barbershop will be operating.
9778 (e) The licenseholder must comply with all local laws and
9779 ordinances regulating business establishments, with all
9780 applicable requirements of the Americans with Disabilities Act
9781 relating to accommodations for persons with disabilities, and
9782 with all applicable requirements of the Occupational Safety and
9783 Health Administration.
9784 Section 280. Section 476.188, Florida Statutes, is amended
9785 to read:
9786 476.188 Barber services to be performed in a licensed
9787 registered barbershop; exception.—
9788 (1) Barber services shall be performed only by licensed
9789 barbers in licensed registered barbershops, except as otherwise
9790 provided in this section.
9791 (2) Pursuant to rules established by the department board,
9792 barber services may be performed by a licensed barber in a
9793 location other than a licensed registered barbershop, including,
9794 but not limited to, a nursing home, hospital, or residence, when
9795 a client for reasons of ill health is unable to go to a licensed
9796 registered barbershop. Arrangements for the performance of
9797 barber services in a location other than a licensed registered
9798 barbershop may shall be made only through a licensed registered
9799 barbershop. However, a barber may shampoo, cut, or arrange hair
9800 in a location other than a licensed registered barbershop
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9801 without such arrangements.
9802 (3) Any person who holds a valid barber's license in any
9803 state or who is authorized to practice barbering in any country,
9804 territory, or jurisdiction of the United States may perform
9805 barber services in a location other than a licensed registered
9806 barbershop when such services are performed in connection with
9807 the motion picture, fashion photography, theatrical, or
9808 television industry; a manufacturer trade show demonstration; or
9809 an educational seminar.
9810 (4) Pursuant to rules adopted by the department, the
9811 practice of barbering may be performed in a location other than
9812 a licensed barbershop when performed in connection with a
9813 special event and by a person who holds the proper license.
9814 Section 281. Subsections (1) through (7) of section
9815 481.213, Florida Statutes, are amended to read:
9816 481.213 Licensure and registration.—
9817 (1) The department shall license or register any applicant
9818 who the board certifies is certified and qualified for licensure
9819 or registration and who has paid the initial licensure or
9820 registration fee. Licensure as an architect under this section
9821 shall be deemed to include all the rights and privileges of
9822 registration as an interior designer under this section.
9823 (2) The department board shall certify for licensure or
9824 registration by examination any applicant who passes the
9825 prescribed licensure or registration examination and satisfies
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9826 the requirements of ss. 481.209 and 481.211, for architects, or
9827 the requirements of s. 481.209, for interior designers.
9828 (3) The department board shall certify as qualified for a
9829 license by endorsement as an architect or registration as a
9830 registered interior designer an applicant who:
9831 (a) Qualifies to take the prescribed licensure or
9832 registration examination, and has passed the prescribed
9833 licensure or registration examination or a substantially
9834 equivalent examination in another jurisdiction, as set forth in
9835 s. 481.209 for architects or registered interior designers, as
9836 applicable, and has satisfied the internship requirements set
9837 forth in s. 481.211 for architects;
9838 (b) Holds a valid license to practice architecture or a
9839 license, registration, or certification to practice interior
9840 design issued by another jurisdiction of the United States, if
9841 the criteria for issuance of such license were substantially
9842 equivalent to the licensure criteria that existed in this state
9843 at the time the license was issued; or
9844 (c) Has passed the prescribed licensure examination and
9845 Holds a valid certificate issued by the National Council of
9846 Architectural Registration Boards, and holds a valid license to
9847 practice architecture issued by another state, another or
9848 jurisdiction of the United States, or a foreign jurisdiction
9849 approved by the department.
9850
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9851 An architect who is licensed in another state, another
9852 jurisdiction of the United States, or a foreign jurisdiction
9853 approved by the department who seeks qualification for licensure
9854 license by endorsement under this subsection must complete a 2-
9855 hour class approved by the department board on wind mitigation
9856 techniques.
9857 (4) The department board may refuse to certify any
9858 applicant who has violated any of the provisions of s. 481.223,
9859 s. 481.225, s. 481.223, s. 481.225, or s. 481.2251, as
9860 applicable.
9861 (5) The department board may refuse to certify any
9862 applicant who is under investigation in any jurisdiction for any
9863 act which would constitute a violation of this part or of
9864 chapter 455 until such time as the investigation is complete and
9865 disciplinary proceedings have been terminated.
9866 (6) The department board shall adopt rules to implement
9867 the provisions of this part relating to the examination,
9868 internship, and licensure of applicants.
9869 (7) For persons whose licensure requires satisfaction of
9870 the requirements of ss. 481.209 and 481.211, the department
9871 board shall, by rule, establish qualifications for certification
9872 of such persons as special inspectors of threshold buildings, as
9873 defined in ss. 553.71 and 553.79, and shall compile a list of
9874 persons who are certified. A special inspector is not required
9875 to meet standards for certification other than those established
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9876 by the department board, and the fee owner of a threshold
9877 building may not be prohibited from selecting any person
9878 certified by the department board to be a special inspector. The
9879 department board shall develop minimum qualifications for the
9880 qualified representative of the special inspector who is
9881 authorized under s. 553.79 to perform inspections of threshold
9882 buildings on behalf of the special inspector.
9883 Section 282. Paragraph (b) of subsection (6), paragraph
9884 (l) of subsection (8), paragraphs (a) and (d) of subsection (9),
9885 and subsection (15) of section 499.012, Florida Statutes, are
9886 amended, to read:
9887 499.012 Permit application requirements.—
9888 (6) A permit issued by the department is nontransferable.
9889 Each permit is valid only for the person or governmental unit to
9890 which it is issued and is not subject to sale, assignment, or
9891 other transfer, voluntarily or involuntarily; nor is a permit
9892 valid for any establishment other than the establishment for
9893 which it was originally issued.
9894 (b)1. An application for a new permit is required when a
9895 majority of the ownership or controlling interest of a permitted
9896 establishment is transferred or assigned or when a lessee agrees
9897 to undertake or provide services to the extent that legal
9898 liability for operation of the establishment will rest with the
9899 lessee. The application for the new permit must be made within
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9900 30 days after before the date of the sale, transfer, assignment,
9901 or lease.
9902 2. A permittee that is authorized to distribute
9903 prescription drugs may transfer such drugs to the new owner or
9904 lessee under subparagraph 1. only after the new owner or lessee
9905 has been approved for a permit to distribute prescription drugs.
9906
9907 The department may revoke the permit of any person that fails to
9908 comply with the requirements of this subsection.
9909 (8) An application for a permit or to renew a permit for a
9910 prescription drug wholesale distributor or an out-of-state
9911 prescription drug wholesale distributor submitted to the
9912 department must include:
9913 (l) The name of each of the applicant's designated
9914 representatives as required by subsection (15), together with
9915 The personal information statement and fingerprints required
9916 pursuant to subsection (9) for each such person.
9917 (9)(a) Each person required by subsection (8) or
9918 subsection (15) to provide a personal information statement and
9919 fingerprints shall provide the following information to the
9920 department on forms prescribed by the department:
9921 1. The person's places of residence for the past 7 years.
9922 2. The person's date and place of birth.
9923 3. The person's occupations, positions of employment, and
9924 offices held during the past 7 years.
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9925 4. The principal business and address of any business,
9926 corporation, or other organization in which each such office of
9927 the person was held or in which each such occupation or position
9928 of employment was carried on.
9929 5. Whether the person has been, during the past 7 years,
9930 the subject of any proceeding for the revocation of any license
9931 and, if so, the nature of the proceeding and the disposition of
9932 the proceeding.
9933 6. Whether, during the past 7 years, the person has been
9934 enjoined, temporarily or permanently, by a court of competent
9935 jurisdiction from violating any federal or state law regulating
9936 the possession, control, or distribution of prescription drugs,
9937 together with details concerning any such event.
9938 7. A description of any involvement by the person with any
9939 business, including any investments, other than the ownership of
9940 stock in a publicly traded company or mutual fund, during the
9941 past 4 years, which manufactured, administered, prescribed,
9942 distributed, or stored pharmaceutical products and any lawsuits
9943 in which such businesses were named as a party.
9944 8. A description of any felony criminal offense of which
9945 the person, as an adult, was found guilty, regardless of whether
9946 adjudication of guilt was withheld or whether the person pled
9947 guilty or nolo contendere. A criminal offense committed in
9948 another jurisdiction which would have been a felony in this
9949 state must be reported. If the person indicates that a criminal
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9950 conviction is under appeal and submits a copy of the notice of
9951 appeal of that criminal offense, the applicant must, within 15
9952 days after the disposition of the appeal, submit to the
9953 department a copy of the final written order of disposition.
9954 9. A photograph of the person taken in the previous 180
9955 days.
9956 10. A set of fingerprints for the person on a form and
9957 under procedures specified by the department, together with
9958 payment of an amount equal to the costs incurred by the
9959 department for the criminal record check of the person.
9960 11. The name, address, occupation, and date and place of
9961 birth for each member of the person's immediate family who is 18
9962 years of age or older. As used in this subparagraph, the term
9963 "member of the person's immediate family" includes the person's
9964 spouse, children, parents, siblings, the spouses of the person's
9965 children, and the spouses of the person's siblings.
9966 12. Any other relevant information that the department
9967 requires.
9968 (d) For purposes of applying for renewal of a permit under
9969 subsection (8) or certification under subsection (15), a person
9970 may submit the following in lieu of satisfying the requirements
9971 of paragraphs (a), (b), and (c):
9972 1. A photograph of the individual taken within 180 days;
9973 and
9974 2. A copy of the personal information statement form most
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9975 recently submitted to the department and a certification under
9976 oath, on a form specified by the department, that the individual
9977 has reviewed the previously submitted personal information
9978 statement form and that the information contained therein
9979 remains unchanged.
9980 (15)(a) Each establishment that is issued an initial or
9981 renewal permit as a prescription drug wholesale distributor or
9982 an out-of-state prescription drug wholesale distributor must
9983 designate in writing to the department at least one natural
9984 person to serve as the designated representative of the
9985 wholesale distributor. Such person must have an active
9986 certification as a designated representative from the
9987 department.
9988 (b) To be certified as a designated representative, a
9989 natural person must:
9990 1. Submit an application on a form furnished by the
9991 department and pay the appropriate fees.
9992 2. Be at least 18 years of age.
9993 3. Have at least 2 years of verifiable full-time:
9994 a. Work experience in a pharmacy licensed in this state or
9995 another state, where the person's responsibilities included, but
9996 were not limited to, recordkeeping for prescription drugs;
9997 b. Managerial experience with a prescription drug
9998 wholesale distributor licensed in this state or in another
9999 state;
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10000 c. Managerial experience with the United States Armed
10001 Forces, where the person's responsibilities included, but were
10002 not limited to, recordkeeping, warehousing, distributing, or
10003 other logistics services pertaining to prescription drugs;
10004 d. Managerial experience with a state or federal
10005 organization responsible for regulating or permitting
10006 establishments involved in the distribution of prescription
10007 drugs, whether in an administrative or a sworn law enforcement
10008 capacity; or
10009 e. Work experience as a drug inspector or investigator
10010 with a state or federal organization, whether in an
10011 administrative or a sworn law enforcement capacity, where the
10012 person's responsibilities related primarily to compliance with
10013 state or federal requirements pertaining to the distribution of
10014 prescription drugs.
10015 4. Receive a passing score of at least 75 percent on an
10016 examination given by the department regarding federal laws
10017 governing distribution of prescription drugs and this part and
10018 the rules adopted by the department governing the wholesale
10019 distribution of prescription drugs. This requirement shall be
10020 effective 1 year after the results of the initial examination
10021 are mailed to the persons that took the examination. The
10022 department shall offer such examinations at least four times
10023 each calendar year.
10024 5. Provide the department with a personal information
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10025 statement and fingerprints pursuant to subsection (9).
10026 (c) The department may deny an application for
10027 certification as a designated representative or may suspend or
10028 revoke a certification of a designated representative pursuant
10029 to s. 499.067.
10030 (d) A designated representative:
10031 1. Must be actively involved in and aware of the actual
10032 daily operation of the wholesale distributor.
10033 2. Must be employed full time in a managerial position by
10034 the wholesale distributor.
10035 3. Must be physically present at the establishment during
10036 normal business hours, except for time periods when absent due
10037 to illness, family illness or death, scheduled vacation, or
10038 other authorized absence.
10039 4. May serve as a designated representative for only one
10040 wholesale distributor at any one time.
10041 (e) A wholesale distributor must notify the department
10042 when a designated representative leaves the employ of the
10043 wholesale distributor. Such notice must be provided to the
10044 department within 10 business days after the last day of
10045 designated representative's employment with the wholesale
10046 distributor.
10047 (f) A wholesale distributor may not operate under a
10048 prescription drug wholesale distributor permit or an out-of-
10049 state prescription drug wholesale distributor permit for more
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10050 than 10 business days after the designated representative leaves
10051 the employ of the wholesale distributor, unless the wholesale
10052 distributor employs another designated representative and
10053 notifies the department within 10 business days of the identity
10054 of the new designated representative.
10055 Section 283. Subsection (9) of section 499.0121, Florida
10056 Statutes, is amended to read:
10057 499.0121 Storage and handling of prescription drugs;
10058 recordkeeping.—The department shall adopt rules to implement
10059 this section as necessary to protect the public health, safety,
10060 and welfare. Such rules shall include, but not be limited to,
10061 requirements for the storage and handling of prescription drugs
10062 and for the establishment and maintenance of prescription drug
10063 distribution records.
10064 (9) RESPONSIBLE PERSONS.—Wholesale distributors must
10065 establish and maintain lists of officers, directors, managers,
10066 designated representatives, and other persons in charge of
10067 wholesale drug distribution, storage, and handling, including a
10068 description of their duties and a summary of their
10069 qualifications.
10070 Section 284. Subsection (9) of section 499.041, Florida
10071 Statutes, is amended to read:
10072 499.041 Schedule of fees for drug, device, and cosmetic
10073 applications and permits, product registrations, and free-sale
10074 certificates.—
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10075 (9) The department shall assess each person applying for
10076 certification as a designated representative a fee of $150, plus
10077 the cost of processing the criminal history record check.
10078 Section 285. Subsection (1) of section 509.261, Florida
10079 Statutes, is amended to read:
10080 509.261 Revocation or suspension of licenses; fines;
10081 procedure.—
10082 (1) Any public lodging establishment or public food
10083 service establishment that has operated or is operating in
10084 violation of this chapter or the rules of the division,
10085 operating in violation of s. 581.217(7), relating to the retail
10086 sale of products containing hemp extract intended for human
10087 ingestion or inhalation, operating without a license, or
10088 operating with a suspended or revoked license may be subject by
10089 the division to:
10090 (a) Fines not to exceed $1,000 per offense;
10091 (b) Mandatory completion, at personal expense, of a
10092 remedial educational program administered by a food safety
10093 training program provider approved by the division, as provided
10094 in s. 509.049; and
10095 (c) The suspension, revocation, or refusal of a license
10096 issued pursuant to this chapter.
10097 Section 286. Section 569.002, Florida Statutes, is
10098 reordered, to read:
10099 569.002 Definitions.—As used in this part, the term:
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10100 (1) "Any person under the age of 21" does not include any
10101 person under the age of 21 who:
10102 (a) Is in the military reserve or on active duty in the
10103 Armed Forces of the United States; or
10104 (b) Is acting in his or her scope of lawful employment
10105 with an entity licensed under chapter 210 or this part.
10106 (2)(1) "Dealer" is synonymous with the term "retail
10107 tobacco products dealer."
10108 (3)(2) "Division" means the Division of Alcoholic
10109 Beverages and Tobacco of the Department of Business and
10110 Professional Regulation.
10111 (3) "Nicotine product" has the same meaning as in s.
10112 569.31.
10113 (4) "Nicotine dispensing device" has the same meaning as
10114 in s. 569.31.
10115 (5) "Nicotine product" has the same meaning as in s.
10116 569.31.
10117 (6)(5) "Permit" is synonymous with the term "retail
10118 tobacco products dealer permit."
10119 (7)(6) "Retail tobacco products dealer" means the holder
10120 of a retail tobacco products dealer permit.
10121 (8)(7) "Retail tobacco products dealer permit" means a
10122 permit issued by the division pursuant to s. 569.003.
10123 (9)(8) "Tobacco products" includes loose tobacco leaves,
10124 and products made from tobacco leaves, in whole or in part, and
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10125 cigarette wrappers, which can be used for smoking, sniffing, or
10126 chewing.
10127 (9) "Any person under the age of 21" does not include any
10128 person under the age of 21 who:
10129 (a) Is in the military reserve or on active duty in the
10130 Armed Forces of the United States; or
10131 (b) Is acting in his or her scope of lawful employment
10132 with an entity licensed under the provisions of chapter 210 or
10133 this part.
10134 Section 287. Section 569.006, Florida Statutes, is amended
10135 to read:
10136 569.006 Retail tobacco products dealers; administrative
10137 penalties.—The division may suspend or revoke the permit of the
10138 dealer upon sufficient cause appearing of the violation of any
10139 of the provisions of this chapter, or any violation of the laws
10140 of this state or any state or territory of the United States
10141 including part II of this chapter if the dealer deals, at
10142 retail, in nicotine products within this the state or allows a
10143 nicotine products vending machine to be located on its premises
10144 within this the state, by a dealer or by a dealer's agent or
10145 employee. The division may also assess and accept administrative
10146 fines of up to $1,000 against a dealer for each violation. The
10147 division shall deposit all fines collected into the General
10148 Revenue Fund as collected. An order imposing an administrative
10149 fine becomes effective 15 days after the date of the order. The
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10150 division may suspend the imposition of a penalty against a
10151 dealer, conditioned upon the dealer's compliance with terms the
10152 division considers appropriate.
10153 Section 288. Section 569.35, Florida Statutes, is amended
10154 to read:
10155 569.35 Retail nicotine product dealers; administrative
10156 penalties.—The division may suspend or revoke the permit of a
10157 dealer, including the retail tobacco products dealer permit of a
10158 retail tobacco products dealer as defined in s. 569.002 s.
10159 569.002(4), upon sufficient cause appearing of the violation of
10160 any of the provisions of this part or any violation of the laws
10161 of this state or any state or territory of the United States, by
10162 a dealer, or by a dealer's agent or employee. The division may
10163 also assess and accept an administrative fine of up to $1,000
10164 against a dealer for each violation. The division shall deposit
10165 all fines collected into the General Revenue Fund as collected.
10166 An order imposing an administrative fine becomes effective 15
10167 days after the date of the order. The division may suspend the
10168 imposition of a penalty against a dealer, conditioned upon the
10169 dealer's compliance with terms the division considers
10170 appropriate.
10171 Section 289. Paragraphs (e), (f), and (g) of subsection
10172 (3) of section 581.217, Florida Statutes, are redesignated as
10173 paragraphs (f), (g), and (h), respectively, a new paragraph (e)
10174 is added to that subsection, and paragraphs (e) and (f) are
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10175 added to subsection (11) of that section, to read:
10176 581.217 State hemp program.—
10177 (3) DEFINITIONS.—As used in this section, the term:
10178 (e) "Division" means the Division of Alcoholic Beverages
10179 and Tobacco of the Department of Business and Professional
10180 Regulation.
10181 (11) ENFORCEMENT.—
10182 (e) The division may assist any agent of the department in
10183 enforcing subsection (7) and the rules adopted by the department
10184 relating to the retail sale of products containing hemp extract
10185 intended for human ingestion or inhalation.
10186 (f) The division is authorized to enter any public or
10187 private premises during regular business hours in the
10188 performance of its duties relating to the retail sale of
10189 products containing hemp extract intended for human ingestion or
10190 inhalation.
10191 Section 290. Paragraph (a) of subsection (3) and paragraph
10192 (c) of subsection (10) of section 20.60, Florida Statutes, are
10193 amended, and paragraph (a) of subsection (5) of that section is
10194 reenacted, to read:
10195 20.60 Department of Commerce; creation; powers and
10196 duties.—
10197 (3)(a) The following divisions and offices of the
10198 Department of Commerce are established:
10199 1. The Division of Economic Development.
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10200 2. The Division of Community Development.
10201 3. The Division of Workforce Services.
10202 4. The Division of Finance and Administration.
10203 5. The Division of Information Technology.
10204 6. The Office of the Secretary.
10205 7. The Office of Rural Prosperity.
10206 8. The Office of Economic Accountability and Transparency,
10207 which shall:
10208 a. Oversee the department's critical objectives as
10209 determined by the secretary and make sure that the department's
10210 key objectives are clearly communicated to the public.
10211 b. Organize department resources, expertise, data, and
10212 research to focus on and solve the complex economic challenges
10213 facing the state.
10214 c. Provide leadership for the department's priority issues
10215 that require integration of policy, management, and critical
10216 objectives from multiple programs and organizations internal and
10217 external to the department; and organize and manage external
10218 communication on such priority issues.
10219 d. Promote and facilitate key department initiatives to
10220 address priority economic issues and explore data and identify
10221 opportunities for innovative approaches to address such economic
10222 issues.
10223 e. Promote strategic planning for the department.
10224 (5) The divisions within the department have specific
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10225 responsibilities to achieve the duties, responsibilities, and
10226 goals of the department. Specifically:
10227 (a) The Division of Economic Development shall:
10228 1. Analyze and evaluate business prospects identified by
10229 the Governor and the secretary.
10230 2. Administer certain tax refund, tax credit, and grant
10231 programs created in law. Notwithstanding any other provision of
10232 law, the department may expend interest earned from the
10233 investment of program funds deposited in the Grants and
10234 Donations Trust Fund to contract for the administration of those
10235 programs, or portions of the programs, assigned to the
10236 department by law, by the appropriations process, or by the
10237 Governor. Such expenditures shall be subject to review under
10238 chapter 216.
10239 3. Develop measurement protocols for the state incentive
10240 programs and for the contracted entities which will be used to
10241 determine their performance and competitive value to the state.
10242 Performance measures, benchmarks, and sanctions must be
10243 developed in consultation with the legislative appropriations
10244 committees and the appropriate substantive committees, and are
10245 subject to the review and approval process provided in s.
10246 216.177. The approved performance measures, standards, and
10247 sanctions shall be included and made a part of the strategic
10248 plan for contracts entered into for delivery of programs
10249 authorized by this section.
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10250 4. Develop a 5-year statewide strategic plan. The
10251 strategic plan must include, but need not be limited to:
10252 a. Strategies for the promotion of business formation,
10253 expansion, recruitment, and retention through aggressive
10254 marketing, attraction of venture capital and finance
10255 development, domestic trade, international development, and
10256 export assistance, which lead to more and better jobs and higher
10257 wages for all geographic regions, disadvantaged communities, and
10258 populations of the state, including rural areas, minority
10259 businesses, and urban core areas.
10260 b. The development of realistic policies and programs to
10261 further the economic diversity of the state, its regions, and
10262 their associated industrial clusters.
10263 c. Specific provisions for the stimulation of economic
10264 development and job creation in rural areas and midsize cities
10265 and counties of the state, including strategies for rural
10266 marketing and the development of infrastructure in rural areas.
10267 d. Provisions for the promotion of the successful long-
10268 term economic development of the state with increased emphasis
10269 in market research and information.
10270 e. Plans for the generation of foreign investment in the
10271 state which create jobs paying above-average wages and which
10272 result in reverse investment in the state, including programs
10273 that establish viable overseas markets, assist in meeting the
10274 financing requirements of export-ready firms, broaden
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10275 opportunities for international joint venture relationships, use
10276 the resources of academic and other institutions, coordinate
10277 trade assistance and facilitation services, and facilitate
10278 availability of and access to education and training programs
10279 that assure requisite skills and competencies necessary to
10280 compete successfully in the global marketplace.
10281 f. The identification of business sectors that are of
10282 current or future importance to the state's economy and to the
10283 state's global business image, and development of specific
10284 strategies to promote the development of such sectors.
10285 g. Strategies for talent development necessary in the
10286 state to encourage economic development growth, taking into
10287 account factors such as the state's talent supply chain,
10288 education and training opportunities, and available workforce.
10289 h. Strategies and plans to support this state's defense,
10290 space, and aerospace industries and the emerging complementary
10291 business activities and industries that support the development
10292 and growth of defense, space, and aerospace in this state.
10293 5. Update the strategic plan every 5 years.
10294 6. Involve CareerSource Florida, Inc.; direct-support
10295 organizations of the department; local governments; the general
10296 public; local and regional economic development organizations;
10297 other local, state, and federal economic, international, and
10298 workforce development entities; the business community; and
10299 educational institutions to assist with the strategic plan.
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10300 7. Coordinate with the Florida Tourism Industry Marketing
10301 Corporation in the development of the 4-year marketing plan
10302 pursuant to s. 288.1226(13).
10303 8. Administer and manage relationships, as appropriate,
10304 with the entities and programs created pursuant to the Florida
10305 Capital Formation Act, ss. 288.9621-288.96255.
10306 (10) The department shall, by November 1 of each year,
10307 submit an annual report to the Governor, the President of the
10308 Senate, and the Speaker of the House of Representatives on the
10309 condition of the business climate and economic development in
10310 the state.
10311 (c) The report must incorporate annual reports of other
10312 programs, including:
10313 1. A detailed report of the performance of the Black
10314 Business Loan Program and a cumulative summary of quarterly
10315 report data required under s. 288.714.
10316 2. The Rural Economic Development Initiative established
10317 under s. 288.0656.
10318 3. A detailed report of the performance of the Florida
10319 Development Finance Corporation and a summary of the
10320 corporation's report required under s. 288.9610.
10321 3.4. Information provided by Space Florida under s.
10322 331.3051 and an analysis of the activities and accomplishments
10323 of Space Florida.
10324 Section 291. Subsection (5) is added to section 163.3168,
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10325 Florida Statutes, to read:
10326 163.3168 Planning innovations and technical assistance.—
10327 (5) When selecting applications for funding for technical
10328 assistance, the state land planning agency shall give preference
10329 to local governments located in a rural area of opportunity as
10330 defined in s. 288.0656. The state land planning agency shall
10331 consult with the Office of Rural Prosperity when awarding
10332 funding pursuant to this section.
10333 Section 292. Paragraph (h) of subsection (1) of section
10334 215.971, Florida Statutes, is amended to read:
10335 215.971 Agreements funded with federal or state
10336 assistance.—
10337 (1) An agency agreement that provides state financial
10338 assistance to a recipient or subrecipient, as those terms are
10339 defined in s. 215.97, or that provides federal financial
10340 assistance to a subrecipient, as defined by applicable United
10341 States Office of Management and Budget circulars, must include
10342 all of the following:
10343 (h)1. If the agency agreement provides federal or state
10344 financial assistance to a county or municipality that is a rural
10345 community or rural area of opportunity as those terms are
10346 defined in s. 288.0656(2), a provision allowing the agency to
10347 provide for the payment of invoices to the county, municipality,
10348 or rural area of opportunity as that term is defined in s.
10349 288.0656(2), for verified and eligible performance that has been
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10350 completed in accordance with the terms and conditions set forth
10351 in the agreement. This provision is not intended to require
10352 reimbursement to the county, municipality, or rural area of
10353 opportunity for invoices paid, but to allow the agency to
10354 provide for the payment of invoices due. The agency shall
10355 expedite such payment requests in order to facilitate the timely
10356 payment of invoices received by the county, municipality, or
10357 rural area of opportunity. This provision is included to
10358 alleviate the financial hardships that certain rural counties
10359 and municipalities encounter when administering agreements, and
10360 must be exercised by the agency when a county or municipality
10361 demonstrates financial hardship, to the extent that federal or
10362 state law, rule, or other regulation allows such payments. This
10363 paragraph may not be construed to alter or limit any other
10364 provisions of federal or state law, rule, or other regulation.
10365 2. By August 1, 2026, and each year thereafter, each state
10366 agency shall report to the Office of Rural Prosperity
10367 summarizing the implementation of this paragraph for the
10368 preceding fiscal year. The Office of Rural Prosperity shall
10369 summarize the information received pursuant to this paragraph in
10370 its annual report as required in s. 288.013.
10371 Section 293. Section 218.67, Florida Statutes, is amended
10372 to read:
10373 218.67 Distribution for fiscally constrained counties.—
10374 (1) Each county that is entirely within a rural area of
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10375 opportunity as designated by the Governor pursuant to s.
10376 288.0656 or each county for which the value of a mill will raise
10377 no more than $10 $5 million in revenue, based on the taxable
10378 value certified pursuant to s. 1011.62(4)(a)1.a., from the
10379 previous July 1, shall be considered a fiscally constrained
10380 county.
10381 (2) Each fiscally constrained county government that
10382 participates in the local government half-cent sales tax shall
10383 be eligible to receive an additional distribution from the Local
10384 Government Half-cent Sales Tax Clearing Trust Fund, as provided
10385 in s. 212.20(6)(d)6. s. 202.18(2)(c)1., in addition to its
10386 regular monthly distribution provided under this part and any
10387 emergency or supplemental distribution under s. 218.65.
10388 (3) The amount to be distributed to each fiscally
10389 constrained county shall be determined by the Department of
10390 Revenue at the beginning of the fiscal year, using the prior
10391 fiscal year's sales and use tax collections from the most recent
10392 fiscal year that reports 12 months of collections July 1 taxable
10393 value certified pursuant to s. 1011.62(4)(a)1.a., tax data,
10394 population as defined in s. 218.21, and the most current
10395 calendar year per capita personal income published by the Bureau
10396 of Economic Analysis of the United States Department of Commerce
10397 millage rate levied for the prior fiscal year. The amount
10398 distributed shall be allocated based upon the following factors:
10399 (a) The contribution-to-revenue relative revenue-raising-
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10400 capacity factor for each participating county shall equal 100
10401 multiplied by a quotient, the numerator of which is the county's
10402 population and the denominator of which is the state sales and
10403 use tax collections attributable to the county be the ability of
10404 the eligible county to generate ad valorem revenues from 1 mill
10405 of taxation on a per capita basis. A county that raises no more
10406 than $25 per capita from 1 mill shall be assigned a value of 1;
10407 a county that raises more than $25 but no more than $30 per
10408 capita from 1 mill shall be assigned a value of 0.75; and a
10409 county that raises more than $30 but no more than $50 per capita
10410 from 1 mill shall be assigned a value of 0.5. No value shall be
10411 assigned to counties that raise more than $50 per capita from 1
10412 mill of ad valorem taxation.
10413 (b) The personal-income local-effort factor shall equal a
10414 quotient, the numerator of which is the median per capita
10415 personal income of participating counties and the denominator of
10416 which is the county's per capita personal income be a measure of
10417 the relative level of local effort of the eligible county as
10418 indicated by the millage rate levied for the prior fiscal year.
10419 The local-effort factor shall be the most recently adopted
10420 countywide operating millage rate for each eligible county
10421 multiplied by 0.1.
10422 (c) Each eligible county's proportional allocation of the
10423 total amount available to be distributed to all of the eligible
10424 counties shall be in the same proportion as the sum of the
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10425 county's two factors is to the sum of the two factors for all
10426 eligible counties. The proportional rate computation must be
10427 carried to the fifth decimal place, and the amount to distribute
10428 to each county must be rounded to the next whole dollar amount.
10429 The counties that are eligible to receive an allocation under
10430 this subsection and the amount available to be distributed to
10431 such counties do shall not include counties participating in the
10432 phaseout period under subsection (4) or the amounts they remain
10433 eligible to receive during the phaseout.
10434 (4) For those counties that no longer qualify under the
10435 requirements of subsection (1) after the effective date of this
10436 act, there shall be a 2-year phaseout period. Beginning on July
10437 1 of the year following the year in which the value of a mill
10438 for that county exceeds $10 $5 million in revenue, the county
10439 shall receive two-thirds of the amount received in the prior
10440 year, and beginning on July 1 of the second year following the
10441 year in which the value of a mill for that county exceeds $10 $5
10442 million in revenue, the county shall receive one-third of the
10443 amount received in the last year that the county qualified as a
10444 fiscally constrained county. Following the 2-year phaseout
10445 period, the county is shall no longer be eligible to receive any
10446 distributions under this section unless the county can be
10447 considered a fiscally constrained county as provided in
10448 subsection (1).
10449 (5)(a) The revenues received under this section must be
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10450 allocated may be used by a county to be used for the following
10451 purposes:
10452 1. Fifty percent for public safety, including salary
10453 expenditures for law enforcement officers or correctional
10454 officers, as those terms are defined in s. 943.10(1) and (2),
10455 respectively, firefighters as defined in s. 633.102, or
10456 emergency medical technicians or paramedics as those terms are
10457 defined in s. 401.23.
10458 2. Thirty percent for infrastructure needs.
10459 3. Twenty percent for any public purpose.
10460 (b) The revenues received under this section any public
10461 purpose, except that such revenues may not be used to pay debt
10462 service on bonds, notes, certificates of participation, or any
10463 other forms of indebtedness.
10464 Section 294. Subsection (6) is added to section 288.0001,
10465 Florida Statutes, to read:
10466 288.0001 Economic Development Programs Evaluation.—The
10467 Office of Economic and Demographic Research and the Office of
10468 Program Policy Analysis and Government Accountability (OPPAGA)
10469 shall develop and present to the Governor, the President of the
10470 Senate, the Speaker of the House of Representatives, and the
10471 chairs of the legislative appropriations committees the Economic
10472 Development Programs Evaluation.
10473 (6)(a) The Office of Economic and Demographic Research and
10474 OPPAGA shall prepare a report on the impact of the Florida
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10475 Statutes on rural communities. Specifically, the report must
10476 include the following:
10477 1. A review of definitions in the Florida Statutes of
10478 terms such as "rural community," "rural area of opportunity,"
10479 and other similar terms used to define rural areas of this
10480 state, including population-based references, to assess the
10481 adequacy of the current statutory framework in defining these
10482 areas. The analysis must include, but need not be limited to:
10483 a. Evaluation of whether current provisions properly
10484 distinguish these communities or areas from more urban and
10485 suburban parts of this state;
10486 b. Consideration of updates to the definitions and
10487 references to classify additional rural areas, such as growing
10488 communities, unincorporated areas, or rural communities by
10489 design; and
10490 c. Study of appropriate metrics to be used to describe
10491 rural communities or areas, such as population, geographic,
10492 demographic, or other metrics, or combinations thereof.
10493 2. A survey of local governments meeting the statutory
10494 definition of "rural community" or "rural area of opportunity"
10495 to assess the benefits to the local government of being
10496 identified as such and any perceived unmet needs in the
10497 implementation of current statutory provisions designed to
10498 support rural communities or areas.
10499 3. An analysis of state grant programs and recurring
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10500 appropriations that explicitly benefit rural communities or
10501 areas, including, but not limited to, program purpose, funding
10502 amounts, participation rates, and consistency with peer-reviewed
10503 studies on effective economic programs for these areas.
10504 (b) Upon request, the Office of Economic and Demographic
10505 Research and OPPAGA must be provided with all data necessary to
10506 complete the report, including any confidential data, by any
10507 entity with information related to this review. The offices may
10508 collaborate on all data collection and analysis.
10509 (c) The Office of Economic and Demographic Research and
10510 OPPAGA shall submit a report to the President of the Senate and
10511 the Speaker of the House of Representatives by December 31,
10512 2025. The report must provide recommendations to address any
10513 findings, including any changes in statutory definitions or
10514 references to rural communities or areas, opportunities to
10515 enhance state support to rural communities or areas, outcome
10516 measures or other criteria that may be used to examine the
10517 effectiveness of state grant programs for rural communities or
10518 areas, and adjustments to program design, including changes to
10519 increase participation in state grant programs for rural
10520 communities or areas.
10521 (d) This subsection expires July 1, 2026.
10522 Section 295. Present paragraphs (d) and (e) of subsection
10523 (7) of section 288.001, Florida Statutes, are redesignated as
10524 paragraphs (e) and (f), respectively, and a new paragraph (d) is
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10525 added to that subsection, to read:
10526 288.001 The Florida Small Business Development Center
10527 Network.—
10528 (7) ADDITIONAL STATE FUNDS; USES; PAY-PER-PERFORMANCE
10529 INCENTIVES; STATEWIDE SERVICE; SERVICE ENHANCEMENTS; BEST
10530 PRACTICES; ELIGIBILITY.—
10531 (d) Notwithstanding paragraphs (a), (b), and (c), the
10532 network shall use funds directly appropriated for the specific
10533 purpose of expanding service in rural communities, as defined in
10534 s. 288.0656, in addition to any funds allocated by the network
10535 from other sources. The network shall use the funds to develop
10536 an activity plan focused on network consultants and resources in
10537 rural communities. In collaboration with regional economic
10538 development organizations as defined in s. 288.018, the plan
10539 must provide for either full- or part-time consultants to be
10540 available for at least 20 hours per week in rural areas or be
10541 permanently stationed in rural areas. This may include
10542 establishing a circuit in specific rural locations to ensure the
10543 consultants' availability on a regular basis. By using the funds
10544 to create a regular presence in rural areas, the network can
10545 strengthen community collaboration, raise awareness of available
10546 resources to provide opportunities for new business development
10547 or existing business growth, and make professional experience,
10548 education, and business information available in these essential
10549 communities. The network may dedicate funds to facilitate local
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10550 or regional events that focus on small business topics, provide
10551 consulting services, and leverage partner organizations, such as
10552 the regional economic development organizations, local workforce
10553 development boards as described in s. 445.07, and Florida
10554 College System institutions.
10555 Section 296. Section 288.007, Florida Statutes, is amended
10556 to read:
10557 288.007 Inventory of communities seeking to recruit
10558 businesses.—By September 30 of each year, a county or
10559 municipality that has a population of at least 25,000 or its
10560 local economic development organization, and each local
10561 government within a rural area of opportunity as defined in s.
10562 288.0656 or its local economic development organization, shall
10563 must submit to the department a brief overview of the strengths,
10564 services, and economic development incentives that its community
10565 offers. The local government or its local economic development
10566 organization also shall must identify any industries that it is
10567 encouraging to locate or relocate to its area. Unless otherwise
10568 required pursuant to this section, a county or municipality
10569 having a population of 25,000 or less fewer or its local
10570 economic development organization seeking to recruit businesses
10571 may submit information as required in this section and may
10572 participate in any activity or initiative resulting from the
10573 collection, analysis, and reporting of the information to the
10574 department pursuant to this section.
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10575 Section 297. Section 288.013, Florida Statutes, is created
10576 to read:
10577 288.013 Office of Rural Prosperity.—
10578 (1) The Legislature finds that the unique characteristics
10579 and nature of the rural communities in this state are integral
10580 to making this state an attractive place to visit, work, and
10581 live. Further, the Legislature finds that building a prosperous
10582 rural economy and vibrant rural communities is in the best
10583 interest of this state. Rural prosperity is integral to
10584 supporting this state's infrastructure, housing, and
10585 agricultural and food-processing needs, as well as promoting the
10586 health and advancement of the overall economy of this state. It
10587 is of importance to the state that its rural areas are able to
10588 grow, whether locally or in regional partnerships. To better
10589 serve rural communities, and in recognition of rural Florida's
10590 unique challenges and opportunities, the Office of Rural
10591 Prosperity is established to ensure these efforts are
10592 coordinated, focused, and effective.
10593 (2) The Office of Rural Prosperity is created within the
10594 Department of Commerce for the purpose of supporting rural
10595 communities by helping rural stakeholders navigate available
10596 programs and resources and representing rural interests across
10597 state government.
10598 (3) The Governor shall appoint a director to lead the
10599 office, subject to confirmation by the Senate. The director
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10600 shall report to the secretary of the department and shall serve
10601 at the pleasure of the secretary.
10602 (4) The office shall do all of the following:
10603 (a) Serve as the state's point of contact for rural local
10604 governments.
10605 (b) Administer the Rural Economic Development Initiative
10606 (REDI) pursuant to s. 288.0656.
10607 (c) Provide training and technical assistance to rural
10608 local governments on a broad range of community and economic
10609 development activities. The training and technical assistance
10610 may be offered using communications technology or in person and
10611 must be recorded and posted to the office's website. The
10612 training and technical assistance must include, at a minimum,
10613 the following topics:
10614 1. How to access state and federal resources, including
10615 training on the online rural resource directory required under
10616 paragraph (d).
10617 2. Best practices relating to comprehensive planning,
10618 economic development, and land development in rural communities.
10619 3. Strategies to address management and administrative
10620 capacity challenges unique to rural local governments.
10621 4. Requirements of, and updates on recent changes to, the
10622 Community Planning Act under s. 163.3161.
10623 5. Updates on other recent state and federal laws
10624 affecting rural local governments.
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10625 (d) Create and maintain an online rural resource directory
10626 to serve as an interactive tool to navigate the various state
10627 and federal resources, tools, and services available to rural
10628 local governments. The office shall regularly maintain the
10629 resource directory and, to the greatest extent possible, include
10630 up-to-date information on state and federal programs, resources,
10631 tools, and services that address the needs of rural communities
10632 in all areas of governance. Each state agency shall routinely
10633 provide information and updates to the office for maintenance of
10634 the resource directory. The resource directory must allow users
10635 to search by indicators, such as agency name, resource type, or
10636 topic, and include a notification function to allow users to
10637 receive alerts when new or modified resources are available. To
10638 the greatest extent possible, the resource directory must
10639 include information on financial match requirements for the
10640 state and federal programs listed in the directory.
10641 (5)(a) By October 1, 2025, the office shall establish and
10642 staff seven regional rural community liaison centers across this
10643 state for the purpose of providing specialized in-person state
10644 support to local governments in rural areas of opportunity as
10645 defined in s. 288.0656. The department shall by rule divide this
10646 state into seven regions and assign a regional rural community
10647 liaison center to each region. Each liaison center shall support
10648 the local governments within its geographic territory and shall
10649 be staffed with at least two full-time department personnel. At
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10650 a minimum, liaison centers shall have the following powers,
10651 duties, and functions:
10652 1. Work with local governments to plan and achieve goals
10653 for local or regional growth, economic development, and rural
10654 prosperity.
10655 2. Facilitate local government access to state and federal
10656 resources, such as grants, loans, and other aid or resources.
10657 3. Advise local governments on available waivers of
10658 program requirements, including financial match waivers or
10659 reductions, for projects using state or federal funds through
10660 the Rural Economic Development Initiative under s. 288.0656.
10661 4. Coordinate local government technical assistance needs
10662 with the department and other state or federal agencies.
10663 5. Promote model ordinances, policies, and strategies
10664 related to economic development.
10665 6. Assist local governments with regulatory and reporting
10666 compliance.
10667 (b) To the greatest extent possible, the regional rural
10668 community liaison centers shall coordinate with local and
10669 regional governmental entities, regional economic development
10670 organizations as defined in s. 288.018, and other appropriate
10671 entities to establish a network to foster community-driven
10672 solutions that promote viable and sustainable rural communities.
10673 (c) The regional rural community liaison centers shall
10674 regularly engage with the Rural Economic Development Initiative
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10675 established in s. 288.0656, and at least one staff member from
10676 each liaison center shall attend, either in person or by means
10677 of electronic communication, the monthly meetings required by s.
10678 288.0656(6)(c).
10679 (6) By December 1, 2025, and each year thereafter, the
10680 director of the office shall submit to the Administration
10681 Commission in the Executive Office of the Governor a written
10682 report describing the office's operations and accomplishments
10683 for the preceding year, inclusive of the Rural Economic
10684 Development Initiative report required by s. 288.0656(8). In
10685 consultation with the Department of Agriculture and Consumer
10686 Services, the office shall also include in the annual report
10687 recommendations for policies, programs, and funding to further
10688 support the needs of rural communities in this state. The office
10689 shall submit the annual report to the President of the Senate
10690 and the Speaker of the House of Representatives by December 1 of
10691 each year and publish the annual report on the office's website.
10692 The director shall present, in person at the next scheduled
10693 Administration Commission meeting, detailed information from the
10694 annual report required by this subsection.
10695 (7)(a) The Office of Program Policy Analysis and
10696 Government Accountability (OPPAGA) shall review the
10697 effectiveness of the office by December 15, 2026, and each year
10698 thereafter until 2028. Beginning in 2029, OPPAGA shall review
10699 and evaluate the office every 3 years and shall submit a report
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10700 based on its findings. Each report must recommend policy and
10701 statutory modifications for consideration by the Legislature.
10702 OPPAGA shall submit each report to the President of the Senate
10703 and the Speaker of the House of Representatives pursuant to the
10704 schedule.
10705 (b) OPPAGA shall review strategies implemented by other
10706 states on rural community preservation, enhancement, and
10707 revitalization and report on their effectiveness and potential
10708 for implementation in this state. OPPAGA shall include its
10709 findings in its report to the President of the Senate and the
10710 Speaker of the House of Representatives by December 15, 2027,
10711 and every 3 years thereafter.
10712 (c)1. OPPAGA shall review each state-funded or state-
10713 administered grant and loan program available to local
10714 governments to:
10715 a. Identify any specified local government financial match
10716 requirements and whether any portion of a match may be waived or
10717 is required to be waived, pursuant to law, and programs where a
10718 financial match waiver may be appropriate for rural local
10719 government applicants, if not contemplated by law.
10720 b. Identify grant and loan application evaluation
10721 criteria, including scoring procedures, for programs that may be
10722 perceived to be overly burdensome for rural local government
10723 applicants, and whether special accommodations or preferences
10724 for rural local governments may be appropriate.
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10725 2. OPPAGA shall produce a report based on its review and
10726 submit the report to the President of the Senate and the Speaker
10727 of the House of Representatives by December 15, 2026.
10728 3. This paragraph expires June 30, 2027.
10729 Section 298. Section 288.014, Florida Statutes, is created
10730 to read:
10731 288.014 Renaissance Grants Program.—
10732 (1) The Legislature finds that it has traditionally
10733 provided programs to assist rural communities with economic
10734 development and enhance their ability to attract businesses and
10735 that, by providing that extra component of economic viability,
10736 rural communities are able to attract new businesses and grow
10737 existing ones. However, the Legislature finds that a subset of
10738 rural communities has decreased in population over the past
10739 decade, contributing to a decline in local business activity and
10740 economic development. The Legislature further finds that the
10741 state must transform its assistance to these specific rural
10742 communities to help them achieve a necessary precursor of
10743 economic viability. The Legislature further finds that the
10744 approach intended by the creation of renaissance grants is to
10745 focus on reversing the economic deterioration in rural
10746 communities by retaining and attracting residents by giving them
10747 a reason to stay, which is the impetus of natural economic
10748 growth, business opportunities, and increased quality of life.
10749 (2) The Office of Rural Prosperity within the department
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10750 shall administer the Renaissance Grants Program to provide block
10751 grants to eligible counties. By October 1, 2025, the Office of
10752 Economic and Demographic Research shall certify to the Office of
10753 Rural Prosperity which counties are growth-impeded. For the
10754 purposes of this section, "growth-impeded" means a county that,
10755 as of the most recent population estimate, has had a declining
10756 population over the last 10 years. After an initial
10757 certification, the Office of Economic and Demographic Research
10758 shall annually certify whether the county remains growth-
10759 impeded, until the county has 3 consecutive years of population
10760 growth. Upon such certification of population growth, the county
10761 is eligible to participate in the program for 1 additional year
10762 in order for the county to prepare for the end of block grant
10763 funding.
10764 (3)(a) Each participating county shall enter into an
10765 agreement with the Office of Rural Prosperity to receive the
10766 block grant. Each county has broad authority to design its
10767 specific plan to achieve population growth within the broad
10768 parameters identified in this section. The Office of Rural
10769 Prosperity may not determine the manner in which the county
10770 implements the block grant. However, regional rural community
10771 liaison center staff shall provide assistance in developing the
10772 county's plan, upon request.
10773 (b) Each participating county shall report annually to the
10774 Office of Rural Prosperity on activities undertaken,
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10775 intergovernmental agreements entered into, and other information
10776 as required by the office.
10777 (c) Subject to appropriation, each participating county
10778 may receive funding from funds appropriated to the program.
10779 Counties participating in the program shall make all attempts to
10780 limit expenses for administrative costs, consistent with the
10781 need for prudent management and accountability in the use of
10782 public funds. Each county may contribute other funds for block
10783 grant purposes, including local, state, or federal grant funds,
10784 or seek out in-kind or financial contributions from private or
10785 public sources to assist in fulfilling the activities
10786 undertaken.
10787 (4)(a) A participating county shall hire and retain a
10788 renaissance coordinator and may use block grant funds for this
10789 purpose. The renaissance coordinator is responsible for:
10790 1. Ensuring that block grant funds are used as provided in
10791 this section;
10792 2. Coordinating with other local governments, school
10793 boards, Florida College System institutions, or other entities;
10794 and
10795 3. Reporting as necessary to the state, including
10796 information necessary pursuant to subsection (7).
10797 (b) The Office of Rural Prosperity regional rural
10798 community liaison center staff shall provide assistance, upon
10799 request, and training to the renaissance coordinator to ensure
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10800 successful implementation of the block grant.
10801 (5) A participating county shall design a plan to make
10802 targeted investments in the community to achieve population
10803 growth and increase the economic vitality of the community. The
10804 plan must include the following key features for use of the
10805 state support:
10806 (a) Technology centers with extended hours located within
10807 schools or on school premises, administered by the local school
10808 board, for such schools which provide extended hours and support
10809 for access by students.
10810 (b) Facilities that colocate adult day care with child
10811 care facilities. The site-sharing facilities must be managed to
10812 also provide opportunities for direct interaction between
10813 generations and increase the health and well-being of both
10814 younger and older participants, reduce social isolation, and
10815 create cost and time efficiencies for working family members.
10816 The regional rural community liaison center staff of the Office
10817 of Rural Prosperity shall assist the county, upon request, with
10818 bringing to the Rural Economic Development Initiative or
10819 directly to the appropriate state agency recommendations
10820 necessary to streamline any required state permits, licenses,
10821 regulations, or other requirements.
10822 (c) Technology labs managed in agreement with the nearest
10823 Florida College System institution or a career center as
10824 established under s. 1001.44. Repurposing vacant industrial
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10825 sites or existing office space must be given priority in the
10826 selection of lab locations. Each local technology lab must be
10827 staffed and open for extended hours with the capacity to
10828 provide:
10829 1. Access to trainers and equipment necessary for users to
10830 earn various certificates or online degrees in technology;
10831 2. Hands-on assistance with applying for appropriate
10832 remote work opportunities; and
10833 3. Studio space with equipment for graduates and other
10834 qualifying residents to perform remote work that is based on the
10835 use of technology. Collaboration with community partners,
10836 including the local workforce development board as described in
10837 s. 445.007, to provide training opportunities, in-kind support
10838 such as transportation to and from the lab, financing of
10839 equipment for in-home use, or basic maintenance of such
10840 equipment is required.
10841 (6) In addition to the hiring of a renaissance
10842 coordinator, a participating county shall develop
10843 intergovernmental agreements for shared responsibilities with
10844 its municipalities, school board, and Florida College System
10845 institution or career center and enter into necessary contracts
10846 with providers and community partners in order to implement the
10847 plan.
10848 (7)(a) Every 2 years, the Auditor General shall conduct an
10849 operational audit as defined in s. 11.45 of each county's grant
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10850 activities, beginning in 2026.
10851 (b) On December 31, 2026, and every year thereafter, the
10852 Office of Economic and Demographic Research shall submit an
10853 annual report of renaissance block grant recipients by county to
10854 the President of the Senate and the Speaker of the House of
10855 Representatives. The report must provide key economic indicators
10856 that measure progress in altering longer-term trends in the
10857 county. The Office of Rural Prosperity shall provide the Office
10858 of Economic and Demographic Research with information as
10859 requested to complete the report.
10860 (8) Notwithstanding s. 216.301, funds appropriated for the
10861 purposes of this section are not subject to reversion.
10862 (9) This section expires June 30, 2040.
10863 Section 299. Section 288.0175, Florida Statutes, is
10864 created to read:
10865 288.0175 Public Infrastructure Smart Technology Grant
10866 Program.—
10867 (1) The Public Infrastructure Smart Technology Grant
10868 Program is established within the Office of Rural Prosperity
10869 within the department to fund and support the development of
10870 public infrastructure smart technology projects in communities
10871 located in rural areas of opportunity, subject to legislative
10872 appropriation.
10873 (2) As used in this section, the term:
10874 (a) "Public infrastructure smart technology" means systems
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10875 and applications that use connectivity, data analytics, and
10876 automation to improve public infrastructure by increasing
10877 efficiency, enhancing public services, and promoting sustainable
10878 development.
10879 (b) "Rural area of opportunity" has the same meaning as in
10880 s. 288.0656.
10881 (c) "Smart technology lead organization" means a not-for-
10882 profit corporation organized under s. 501(c)(3) of the Internal
10883 Revenue Code which has been in existence for at least 3 years
10884 and specializes in smart region planning.
10885 (3)(a) The Office of Rural Prosperity shall contract with
10886 one or more smart technology lead organizations to administer
10887 the grant program for the purpose of deploying public
10888 infrastructure smart technology in rural communities. In
10889 accordance with the terms required by the office, the smart
10890 technology lead organization shall provide grants to counties
10891 and municipalities located within a rural area of opportunity
10892 for public infrastructure smart technology projects.
10893 (b) The office's contract with a smart technology lead
10894 organization must specify the contract deliverables, including
10895 financial reports and other reports due the office, timeframes
10896 for achieving contractual obligations, and any other
10897 requirements the office determines are necessary. The contract
10898 must require the smart technology lead organization to do the
10899 following:
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10900 1. Collaborate with counties and municipalities located in
10901 rural areas of opportunity to identify opportunities for local
10902 governments to institute cost-effective smart technology
10903 solutions for improving public services and infrastructure.
10904 2. Provide technical assistance to counties and
10905 municipalities located in rural areas of opportunity in
10906 developing plans for public infrastructure smart technology
10907 projects.
10908 3. Assist counties and municipalities located in rural
10909 areas of opportunity in connecting with other communities,
10910 companies, and other entities to leverage the impact of each
10911 public infrastructure smart technology project.
10912 (4) The office shall include in its annual report required
10913 by s. 288.013(6) a description of the projects funded under this
10914 section.
10915 Section 300. Subsections (1), (2), and (4) of section
10916 288.018, Florida Statutes, are amended to read:
10917 288.018 Regional Rural Development Grants Program.—
10918 (1)(a) For the purposes of this section, the term
10919 "regional economic development organization" means an economic
10920 development organization located in or contracted to serve a
10921 rural area of opportunity, as defined in s. 288.0656 s.
10922 288.0656(2)(d).
10923 (b) Subject to appropriation, the Office of Rural
10924 Prosperity department shall establish a grant program to provide
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10925 funding to regional economic development organizations for the
10926 purpose of building the professional capacity of those
10927 organizations. Building the professional capacity of a regional
10928 economic development organization includes hiring professional
10929 staff to develop, deliver, and provide needed economic
10930 development professional services, including technical
10931 assistance, education and leadership development, marketing, and
10932 project recruitment. Grants may also be used by a regional
10933 economic development organization to provide technical
10934 assistance to local governments, local economic development
10935 organizations, and existing and prospective businesses.
10936 (c) A regional economic development organization may apply
10937 annually to the office department for a grant. The office
10938 department is authorized to approve, on an annual basis, grants
10939 to such regional economic development organizations. Subject to
10940 appropriation, the office may award maximum amount an
10941 organization may receive in any year will be $50,000, or
10942 $250,000 for any three regional economic development
10943 organizations that serve an entire region of a rural area of
10944 opportunity designated pursuant to s. 288.0656(7) if they are
10945 recognized by the office department as serving such a region.
10946 (2) In approving the participants, the office department
10947 shall require the following:
10948 (a) Documentation of official commitments of support from
10949 each of the units of local government represented by the
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10950 regional organization.
10951 (b) Demonstration that the organization is in existence
10952 and actively involved in economic development activities serving
10953 the region.
10954 (c) Demonstration of the manner in which the organization
10955 is or will coordinate its efforts with those of other local and
10956 state organizations.
10957 (4) Except as otherwise provided in the General
10958 Appropriations Act, the office department may expend up to
10959 $750,000 each fiscal year from funds appropriated to the Rural
10960 Community Development Revolving Loan Fund for the purposes
10961 outlined in this section.
10962 Section 301. Section 288.019, Florida Statutes, is amended
10963 to read:
10964 288.019 Rural considerations in grant review and
10965 evaluation processes; financial match waiver or reduction.—
10966 (1) Notwithstanding any other law, and to the fullest
10967 extent possible, each agency and organization the member
10968 agencies and organizations of the Rural Economic Development
10969 Initiative (REDI) as defined in s. 288.0656 s. 288.0656(6)(a)
10970 shall review:
10971 (a) All grant and loan application evaluation criteria and
10972 scoring procedures to ensure the fullest access for rural
10973 communities counties as defined in s. 288.0656 s. 288.0656(2) to
10974 resources available throughout the state; and
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10975 (b) The financial match requirements for projects in rural
10976 communities.
10977 (2)(1) Each REDI agency and organization shall consider
10978 the impact on and ability of rural communities to meet and be
10979 competitive under such criteria, scoring, and requirements. Upon
10980 review, each REDI agency and organization shall review all
10981 evaluation and scoring procedures and develop a proposal for
10982 modifications to those procedures which minimize the financial
10983 and resource impact to a rural community, including waiver or
10984 reduction of any required financial match requirements impact of
10985 a project within a rural area.
10986 (a)(2) Evaluation criteria and scoring procedures must
10987 provide for an appropriate ranking, when ranking is a component
10988 of the program, based on the proportionate impact that projects
10989 have on a rural area when compared with similar project impacts
10990 on an urban area. Additionally,
10991 (3) evaluation criteria and scoring procedures must
10992 recognize the disparity of available fiscal resources for an
10993 equal level of financial support from an urban county or
10994 municipality and a rural county or municipality.
10995 (a) The evaluation criteria should weight contribution in
10996 proportion to the amount of funding available at the local
10997 level.
10998 (b) Match requirements must be waived or reduced for rural
10999 communities. When appropriate, an in-kind match must should be
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11000 allowed and applied as a financial match when a rural community
11001 county is experiencing economic financial distress as defined in
11002 s. 288.0656 through elevated unemployment at a rate in excess of
11003 the state's average by 5 percentage points or because of the
11004 loss of its ad valorem base. Donations of land, though usually
11005 not recognized as an in-kind match, may be treated as such. As
11006 appropriate, each agency and organization that applies for or
11007 receives federal funding must request federal approval to waive
11008 or reduce the financial match requirements, if any, for projects
11009 in rural communities.
11010 (3)(4) For existing programs, The proposal modified
11011 evaluation criteria and scoring procedure must be submitted
11012 delivered to the Office of Rural Prosperity department for
11013 distribution to the REDI agencies and organizations. The REDI
11014 agencies and organizations shall review and make comments and
11015 recommendations that. Future rules, programs, evaluation
11016 criteria, and scoring processes must be brought before a REDI
11017 meeting for review, discussion, and recommendation to allow
11018 rural communities counties fuller access to the state's
11019 resources.
11020 (4) Each REDI agency and organization shall ensure that
11021 related administrative rules or policies are modified, as
11022 necessary, to reflect the finalized proposal and that
11023 information about the authorized wavier or reduction is included
11024 in the online rural resource directory of the Office of Rural
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11025 Prosperity required in s. 288.013(4)(d).
11026 (5) The rural liaison from the related regional district
11027 shall assist the rural community to make requests of waiver or
11028 reduction of match.
11029 Section 302. Subsection (3) is added to section 288.021,
11030 Florida Statutes, to read:
11031 288.021 Economic development liaison.—
11032 (3) When practicable, the staff member appointed as the
11033 economic development liaison shall also serve as the agency
11034 representative for the Rural Economic Development Initiative
11035 pursuant to s. 288.0656.
11036 Section 303. Section 288.065, Florida Statutes, is amended
11037 to read:
11038 288.065 Rural Community Development Revolving Loan Fund.—
11039 (1) The Rural Community Development Revolving Loan Fund
11040 Program is established within the Office of Rural Prosperity
11041 department to facilitate the use of existing federal, state, and
11042 local financial resources by providing local governments with
11043 financial assistance to further promote the economic viability
11044 of rural communities. These funds may be used to finance
11045 initiatives directed toward maintaining or developing the
11046 economic base of rural communities, especially initiatives
11047 addressing employment opportunities for residents of these
11048 communities.
11049 (2)(a) The program shall provide for long-term loans, loan
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11050 guarantees, and loan loss reserves to units of local
11051 governments, or economic development organizations substantially
11052 underwritten by a unit of local government.,
11053 (b) For purposes of this section, the term "unit of local
11054 government" means:
11055 1. A county within counties with a population populations
11056 of 75,000 or less. fewer, or within any
11057 2. A county with a population of 125,000 or less fewer
11058 which is contiguous to a county with a population of 75,000 or
11059 less. fewer
11060 3. A municipality within a county described in
11061 subparagraph 1. or subparagraph 2.
11062 4. A county or municipality within a rural area of
11063 opportunity.
11064
11065 For purposes of this paragraph, population is determined in
11066 accordance with the most recent official estimates pursuant to
11067 s. 186.901 and must include those residing in incorporated and
11068 unincorporated areas of a county, based on the most recent
11069 official population estimate as determined under s. 186.901,
11070 including those residing in incorporated areas and those
11071 residing in unincorporated areas of the county, or to units of
11072 local government, or economic development organizations
11073 substantially underwritten by a unit of local government, within
11074 a rural area of opportunity.
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11075 (c)(b) Requests for loans must shall be made by
11076 application to the office department. Loans must shall be made
11077 pursuant to agreements specifying the terms and conditions
11078 agreed to between the applicant and the office department. The
11079 loans are shall be the legal obligations of the applicant.
11080 (d)(c) All repayments of principal and interest shall be
11081 returned to the loan fund and made available for loans to other
11082 applicants. However, in a rural area of opportunity designated
11083 under s. 288.0656 by the Governor, and upon approval by the
11084 office department, repayments of principal and interest may be
11085 retained by the applicant if such repayments are dedicated and
11086 matched to fund regionally based economic development
11087 organizations representing the rural area of opportunity.
11088 (3) The office department shall manage the fund,
11089 establishing loan practices that must include, but are not
11090 limited to, procedures for establishing loan interest rates,
11091 uses of funding, application procedures, and application review
11092 procedures. The office has department shall have final approval
11093 authority for any loan under this section.
11094 (4) Notwithstanding the provisions of s. 216.301, funds
11095 appropriated for this loan fund may purpose shall not be subject
11096 to reversion.
11097 (5) The office shall include in its annual report required
11098 under s. 288.013 detailed information about the fund, including
11099 loans made during the previous fiscal year, loans active, loans
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11100 terminated or repaid, and the amount of funds not obligated as
11101 of 14 days before the date the report is due.
11102 Section 304. Subsections (1), (2), and (3) of section
11103 288.0655, Florida Statutes, are amended, and subsection (6) is
11104 added to that section, to read:
11105 288.0655 Rural Infrastructure Fund.—
11106 (1) There is created within the Office of Rural Prosperity
11107 department the Rural Infrastructure Fund to facilitate the
11108 planning, preparing, and financing of infrastructure projects in
11109 rural communities which will encourage job creation, capital
11110 investment, and the strengthening and diversification of rural
11111 economies by promoting tourism, trade, and economic development.
11112 Subject to appropriation, grants under this program may be
11113 awarded to a unit of local government within a rural community
11114 or rural area of opportunity as defined in s. 288.0656; or to a
11115 regional economic development organization, a unit of local
11116 government, or an economic development organization
11117 substantially underwritten by a unit of local government for an
11118 infrastructure project located within an unincorporated area
11119 that has a population of 15,000 or less, has been in existence
11120 for 100 years or more, is contiguous to a rural community, and
11121 has been adversely affected by a natural disaster or presents a
11122 unique economic development opportunity of regional impact.
11123 (2)(a) Funds appropriated by the Legislature shall be
11124 distributed by the office department through grant programs that
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11125 maximize the use of federal, local, and private resources,
11126 including, but not limited to, those available under the Small
11127 Cities Community Development Block Grant Program.
11128 (b) To facilitate access of rural communities and rural
11129 areas of opportunity as defined by the Rural Economic
11130 Development Initiative to infrastructure funding programs of the
11131 Federal Government, such as those offered by the United States
11132 Department of Agriculture and the United States Department of
11133 Commerce, and state programs, including those offered by Rural
11134 Economic Development Initiative agencies, and to facilitate
11135 local government or private infrastructure funding efforts, the
11136 office department may award grants for up to 75 percent of the
11137 total infrastructure project cost, or up to 100 percent of the
11138 total infrastructure project cost for a project located in a
11139 rural community as defined in s. 288.0656(2) which is also
11140 located in a fiscally constrained county as defined in s.
11141 218.67(1) or a rural area of opportunity as defined in s.
11142 288.0656(2). Eligible uses of funds may include improving any
11143 inadequate infrastructure that has resulted in regulatory action
11144 that prohibits economic or community growth and reducing the
11145 costs to community users of proposed infrastructure improvements
11146 that exceed such costs in comparable communities. Eligible uses
11147 of funds include improvements to public infrastructure for
11148 industrial or commercial sites and upgrades to or development of
11149 public tourism infrastructure. Authorized infrastructure may
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11150 include the following public or public-private partnership
11151 facilities: storm water systems; telecommunications facilities;
11152 roads or other remedies to transportation impediments; nature-
11153 based tourism facilities; or other physical requirements
11154 necessary to facilitate tourism, trade, and economic development
11155 activities in the community. Authorized infrastructure may also
11156 include publicly or privately owned self-powered nature-based
11157 tourism facilities, publicly owned telecommunications
11158 facilities, and additions to the distribution facilities of the
11159 existing natural gas utility as defined in s. 366.04(3)(c), the
11160 existing electric utility as defined in s. 366.02, or the
11161 existing water or wastewater utility as defined in s.
11162 367.021(12), or any other existing water or wastewater facility,
11163 which owns a gas or electric distribution system or a water or
11164 wastewater system in this state when:
11165 1. A contribution-in-aid of construction is required to
11166 serve public or public-private partnership facilities under the
11167 tariffs of any natural gas, electric, water, or wastewater
11168 utility as defined herein; and
11169 2. Such utilities as defined herein are willing and able
11170 to provide such service.
11171 (c) The office department may award grants of up to
11172 $300,000 for infrastructure feasibility studies, design and
11173 engineering activities, or other infrastructure planning and
11174 preparation or site readiness activities. Site readiness
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11175 expenses may include clearing title, surveys, permitting,
11176 environmental studies, and regulatory compliance costs. Grants
11177 awarded under this paragraph may be used in conjunction with
11178 grants awarded under paragraph (b). In evaluating applications
11179 under this paragraph, the office department shall consider the
11180 extent to which the application seeks to minimize administrative
11181 and consultant expenses.
11182 (d) The office department shall participate in a
11183 memorandum of agreement with the United States Department of
11184 Agriculture under which state funds available through the Rural
11185 Infrastructure Fund may be advanced, in excess of the prescribed
11186 state share, for a project that has received from the United
11187 States Department of Agriculture a preliminary determination of
11188 eligibility for federal financial support. State funds in excess
11189 of the prescribed state share which are advanced pursuant to
11190 this paragraph and the memorandum of agreement shall be
11191 reimbursed when funds are awarded under an application for
11192 federal funding.
11193 (e) To enable local governments to access the resources
11194 available pursuant to s. 403.973(17), the office department may
11195 award grants for surveys, feasibility studies, and other
11196 activities related to the identification and preclearance review
11197 of land which is suitable for preclearance review. Authorized
11198 grants under this paragraph may not exceed $75,000 each, except
11199 in the case of a project in a rural area of opportunity, in
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11200 which case the grant may not exceed $300,000. Any funds awarded
11201 under this paragraph must be matched at a level of 50 percent
11202 with local funds, except that any funds awarded for a project in
11203 a rural area of opportunity do not require a match of local
11204 funds. If an application for funding is for a catalyst site, as
11205 defined in s. 288.0656, the requirement for local match may be
11206 waived pursuant to the process in s. 288.06561. In evaluating
11207 applications under this paragraph, the office department shall
11208 consider the extent to which the application seeks to minimize
11209 administrative and consultant expenses.
11210 (3) The office department, in consultation with the
11211 Department of Transportation Florida Tourism Industry Marketing
11212 Corporation, the Department of Environmental Protection, and the
11213 Florida Fish and Wildlife Conservation Commission, as
11214 appropriate, shall review and certify applications pursuant to
11215 s. 288.061. The review must include an evaluation of the
11216 economic benefit and long-term viability. The office has
11217 department shall have final approval for any grant under this
11218 section.
11219 (6) The office shall include in its annual report required
11220 under s. 288.013 detailed information about the fund, including
11221 grants made for the year, grants active, grants terminated or
11222 complete, and the amount of funds not obligated as of 14 days
11223 before the date the report is due.
11224 Section 305. Subsection (1), paragraphs (a), (b), and (e)
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11225 of subsection (2), subsections (3) and (6), paragraphs (b) and
11226 (c) of subsection (7), and subsection (8) of section 288.0656,
11227 Florida Statutes, are amended to read:
11228 288.0656 Rural Economic Development Initiative.—
11229 (1)(a) Recognizing that rural communities and regions
11230 continue to face extraordinary challenges in their efforts to
11231 significantly improve their economies, specifically in terms of
11232 personal income, job creation, average wages, and strong tax
11233 bases, it is the intent of the Legislature to encourage and
11234 facilitate the location and expansion of major economic
11235 development projects of significant scale in such rural
11236 communities. The Legislature finds that rural communities are
11237 the essential conduits for the economy's distribution,
11238 manufacturing, and food supply.
11239 (b) The Rural Economic Development Initiative, known as
11240 "REDI," is created within the Office of Rural Prosperity
11241 department, and all the participation of state and regional
11242 agencies listed in paragraph (6)(a) shall participate in this
11243 initiative is authorized.
11244 (2) As used in this section, the term:
11245 (a) "Catalyst project" means a business locating or
11246 expanding in a rural area of opportunity to serve as an economic
11247 generator of regional significance for the growth of a regional
11248 target industry cluster. The project must provide capital
11249 investment on a scale significant enough to affect the entire
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11250 region and result in the development of high-wage and high-skill
11251 jobs.
11252 (b) "Catalyst site" means a parcel or parcels of land
11253 within a rural area of opportunity that has been prioritized as
11254 a geographic site for economic development through partnerships
11255 with state, regional, and local organizations. The site must be
11256 reviewed by REDI and approved by the department for the purposes
11257 of locating a catalyst project.
11258 (c)(e) "Rural community" means:
11259 1. A county with a population of 75,000 or less fewer.
11260 2. A county with a population of 125,000 or less fewer
11261 which is contiguous to a county with a population of 75,000 or
11262 less fewer.
11263 3. A municipality within a county described in
11264 subparagraph 1. or subparagraph 2.
11265 4. An unincorporated federal enterprise community or an
11266 incorporated rural city with a population of 25,000 or less
11267 fewer and an employment base focused on traditional agricultural
11268 or resource-based industries, located in a county not defined as
11269 rural, which has at least three or more of the economic distress
11270 factors identified in paragraph (a) paragraph (c) and verified
11271 by the office department.
11272
11273 For purposes of this paragraph, population shall be determined
11274 in accordance with the most recent official estimate pursuant to
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11275 s. 186.901.
11276 (3) REDI shall be responsible for coordinating and
11277 focusing the efforts and resources of state and regional
11278 agencies on the problems which affect the fiscal, economic, and
11279 community viability of Florida's economically distressed rural
11280 communities, working with local governments, community-based
11281 organizations, and private organizations that have an interest
11282 in the growth and development of these communities to find ways
11283 to balance environmental and growth management issues with local
11284 needs.
11285 (6)(a) By August 1 of each year, the head of each of the
11286 following agencies and organizations shall designate a deputy
11287 secretary or higher-level staff person from within the agency or
11288 organization to serve as the REDI representative for the agency
11289 or organization:
11290 1. The Department of Transportation.
11291 2. The Department of Environmental Protection.
11292 3. The Department of Agriculture and Consumer Services.
11293 4. The Department of State.
11294 5. The Department of Health.
11295 6. The Department of Children and Families.
11296 7. The Department of Corrections.
11297 8. The Department of Education.
11298 9. The Department of Juvenile Justice.
11299 10. The Fish and Wildlife Conservation Commission.
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11300 11. Each water management district.
11301 12. CareerSource Florida, Inc.
11302 13. VISIT Florida.
11303 14. The Florida Regional Planning Council Association.
11304 15. The Agency for Health Care Administration.
11305 16. The Institute of Food and Agricultural Sciences
11306 (IFAS).
11307 (b) An alternate for each designee must shall also be
11308 chosen, who must also be a deputy secretary or higher-level
11309 staff person, and the names of the designees and alternates must
11310 shall be reported sent to the director of the Office of Rural
11311 Prosperity. At least one rural liaison from each regional rural
11312 community liaison center must participate in the REDI meetings
11313 Secretary of Commerce.
11314 (c) REDI shall meet at least each month, but may meet more
11315 often as necessary. Each REDI representative, or his or her
11316 designee, shall be physically present or available by means of
11317 electronic communication for each meeting.
11318 (d)(b) Each REDI representative must have comprehensive
11319 knowledge of his or her agency's functions, both regulatory and
11320 service in nature, and of the state's economic goals, policies,
11321 and programs. This person shall be the primary point of contact
11322 for his or her agency with REDI on issues and projects relating
11323 to economically distressed rural communities and with regard to
11324 expediting project review, shall ensure a prompt effective
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11325 response to problems arising with regard to rural issues, and
11326 shall work closely with the other REDI representatives in the
11327 identification of opportunities for preferential awards of
11328 program funds, contractual or other agreement provisions which
11329 meet the requirements of s. 215.971, and allowances and waiver
11330 of program requirements when necessary to encourage and
11331 facilitate long-term private capital investment and job
11332 creation.
11333 (e)(c) The REDI representatives shall work with REDI in
11334 the review and evaluation of statutes and rules for adverse
11335 impact on rural communities and the development of alternative
11336 proposals to mitigate that impact.
11337 (f)(d) Each REDI representative shall be responsible for
11338 ensuring that each district office or facility of his or her
11339 agency is informed quarterly about the Rural Economic
11340 Development Initiative and for providing assistance throughout
11341 the agency in the implementation of REDI activities.
11342 (7)
11343 (b) Designation as a rural area of opportunity under this
11344 subsection shall be contingent upon the execution of a
11345 memorandum of agreement among the office department; the
11346 governing body of the county; and the governing bodies of any
11347 municipalities to be included within a rural area of
11348 opportunity. Such agreement shall specify the terms and
11349 conditions of the designation, including, but not limited to,
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11350 the duties and responsibilities of the county and any
11351 participating municipalities to take actions designed to
11352 facilitate the retention and expansion of existing businesses in
11353 the area, as well as the recruitment of new businesses to the
11354 area.
11355 (c) Each rural area of opportunity may designate catalyst
11356 projects, provided that each catalyst project is specifically
11357 recommended by REDI and confirmed as a catalyst project by the
11358 department. All state agencies and departments shall use all
11359 available tools and resources to the extent permissible by law
11360 to promote the creation and development of each catalyst project
11361 and the development of catalyst sites.
11362 (8) REDI shall submit a report to the Office of Rural
11363 Prosperity department on all REDI activities for the previous
11364 fiscal year as a supplement to the office's department's annual
11365 report required under s. 288.013 s. 20.60. This supplementary
11366 report must include:
11367 (a) A status report on every project all projects
11368 currently being coordinated through REDI, the number of
11369 preferential awards and allowances made pursuant to this section
11370 in detail by award, allowance, or match type, the dollar amount
11371 of such awards, and the names of the recipients.
11372 (b) A description of all waivers of program requirements
11373 granted, including a list by program of each waiver that was
11374 granted. If waivers were requested but were not granted, a list
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11375 of ungranted waivers, including reasons why the waivers were not
11376 granted, must be included.
11377 (c) Detailed information as to the economic impact of the
11378 projects coordinated by REDI.
11379 (d) Recommendations based on the review and evaluation of
11380 statutes and rules having an adverse impact on rural communities
11381 and proposals to mitigate such adverse impacts.
11382 (e) Legislative recommendations for statutory waivers or
11383 reductions of specified economic development program
11384 requirements, including financial match waivers or reductions,
11385 for applicants within rural areas of opportunity.
11386 (f) Outcomes of proposals submitted pursuant to s.
11387 288.019.
11388 Section 306. Section 288.06561, Florida Statutes, is
11389 repealed.
11390 Section 307. Subsections (2), (3), and (4) of section
11391 288.0657, Florida Statutes, are amended to read:
11392 288.0657 Florida rural economic development strategy
11393 grants.—
11394 (2) The Office of Rural Prosperity shall provide
11395 department may accept and administer moneys appropriated to the
11396 department for providing grants to assist rural communities to
11397 develop and implement strategic economic development plans.
11398 Grants may be provided to assist with costs associated with
11399 marketing a site to business and site selectors for an economic
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11400 development project that is part of an economic development
11401 plan, either as part of funding to develop and implement a plan
11402 or related to an already adopted plan.
11403 (3) A rural community, an economic development
11404 organization in a rural area, or a regional organization
11405 representing at least one rural community or such economic
11406 development organizations may apply for such grants. The rural
11407 liaison for the rural community shall assist those applying for
11408 such grants.
11409 (4) The office department shall establish criteria for
11410 reviewing grant applications. These criteria must shall include,
11411 but are not limited to, the degree of participation and
11412 commitment by the local community and the application's
11413 consistency with local comprehensive plans or the application's
11414 proposal to ensure such consistency. Grants for marketing may
11415 include funding for advertising campaign materials and costs
11416 associated with meetings, trade missions, and professional
11417 development affiliated with site preparation and marketing. The
11418 office department shall review each application for a grant. The
11419 department may approve grants only to the extent that funds are
11420 appropriated for such grants by the Legislature.
11421 Section 308. Paragraph (a) of subsection (13) of section
11422 288.1226, Florida Statutes, is amended to read:
11423 288.1226 Florida Tourism Industry Marketing Corporation;
11424 use of property; board of directors; duties; audit.—
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11425 (13) FOUR-YEAR MARKETING PLAN.—
11426 (a) The corporation shall, in collaboration with the
11427 department, develop a 4-year marketing plan. At a minimum, the
11428 marketing plan must discuss the following:
11429 1. Continuation of overall tourism growth in this state.
11430 2. Expansion to new or under-represented tourist markets.
11431 3. Maintenance of traditional and loyal tourist markets.
11432 4. Coordination of efforts with county destination
11433 marketing organizations, other local government marketing
11434 groups, privately owned attractions and destinations, and other
11435 private sector partners to create a seamless, four-season
11436 advertising campaign for the state and its regions.
11437 5. Development of innovative techniques or promotions to
11438 build repeat visitation by targeted segments of the tourist
11439 population.
11440 6. Consideration of innovative sources of state funding
11441 for tourism marketing.
11442 7. Promotion of nature-based tourism, including, but not
11443 limited to, promotion of the Florida Greenways and Trails System
11444 as described under s. 260.014 and the Florida Shared-Use
11445 Nonmotorized Trail Network as described under s. 339.81.
11446 8. Coordination of efforts with the Office of Greenways
11447 and Trails of the Department of Environmental Protection and the
11448 department to promote and assist local communities, including,
11449 but not limited to, communities designated as trail towns by the
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11450 Office of Greenways and Trails, to maximize use of nearby trails
11451 as economic assets, including specific promotion of trail-based
11452 tourism.
11453 9. Promotion of heritage tourism.
11454 10. Development of a component to address emergency
11455 response to natural and manmade disasters from a marketing
11456 standpoint.
11457 11. Provision of appropriate marketing assistance
11458 resources to small, rural, and agritourism businesses located in
11459 this state. Such resources may include, but are not limited to,
11460 marketing plans, marketing assistance, promotional support,
11461 media development, technical expertise, marketing advice,
11462 technology training, and social marketing support.
11463 Section 309. Section 288.12266, Florida Statutes, is
11464 repealed.
11465 Section 310. Paragraph (f) of subsection (2) and
11466 paragraphs (a), (b), and (c) of subsection (4) of section
11467 288.9961, Florida Statutes, are amended, and subsections (6) and
11468 (7) are added to that section, to read:
11469 288.9961 Promotion of broadband adoption; Florida Office
11470 of Broadband.—
11471 (2) DEFINITIONS.—As used in this section, the term:
11472 (f) "Underserved" means a geographic area of this state in
11473 which there is no provider of broadband Internet service that
11474 offers a connection to the Internet with a capacity for
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11475 transmission at a consistent speed of at least 100 megabits per
11476 second downstream and at least 20 10 megabits per second
11477 upstream.
11478 (4) FLORIDA OFFICE OF BROADBAND.—The Florida Office of
11479 Broadband is created within the Division of Community
11480 Development in the department for the purpose of developing,
11481 marketing, and promoting broadband Internet services in this
11482 state. The office, in the performance of its duties, shall do
11483 all of the following:
11484 (a) Create a strategic plan that has goals and strategies
11485 for increasing and improving the availability of, access to, and
11486 use of broadband Internet service in this state. In development
11487 of the plan, the department shall incorporate applicable federal
11488 broadband activities, including any efforts or initiatives of
11489 the Federal Communications Commission, to improve broadband
11490 Internet service in this state. The plan must identify available
11491 federal funding sources for the expansion or improvement of
11492 broadband. The strategic plan must be submitted to the Governor,
11493 the President of the Senate, and the Speaker of the House of
11494 Representatives by June 30, 2022. The strategic plan must be
11495 updated biennially thereafter. The plan must include a process
11496 to review and verify public input regarding transmission speeds
11497 and availability of broadband Internet service throughout this
11498 state. The office shall consult with each regional rural
11499 community liaison center within the Office of Rural Prosperity
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11500 on the development and update of the plan.
11501 (b) Build and facilitate local technology planning teams
11502 or partnerships with members representing cross-sections of the
11503 community, which may include, but are not limited to,
11504 representatives from the following organizations and industries:
11505 libraries, K-12 education, colleges and universities, local
11506 health care providers, private businesses, community
11507 organizations, economic development organizations, local
11508 governments, tourism, parks and recreation, and agriculture. The
11509 local technology planning teams or partnerships shall work with
11510 rural communities to help the communities understand their
11511 current broadband availability, locate unserved and underserved
11512 businesses and residents, identify assets relevant to broadband
11513 deployment, build partnerships with broadband service providers,
11514 and identify opportunities to leverage assets and reduce
11515 barriers to the deployment of broadband Internet services in the
11516 community. The teams or partnerships must be proactive in rural
11517 communities as defined in s. 288.0656 fiscally constrained
11518 counties in identifying and providing assistance, in
11519 coordination with the regional rural community liaison centers
11520 within the Office of Rural Prosperity, with applying for federal
11521 grants for broadband Internet service.
11522 (c) Provide technical and planning assistance to rural
11523 communities in coordination with the regional rural community
11524 liaison centers within the Office of Rural Prosperity.
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11525 (6) The office shall submit to the Governor, the President
11526 of the Senate, and the Speaker of the House of Representatives a
11527 quarterly report detailing the implementation of broadband
11528 activities in rural, unserved, and underserved communities. Such
11529 information must be listed by county and include the amount of
11530 state and federal funds allocated and expended in the county by
11531 program; the progress toward deploying broadband in the county;
11532 any technical assistance provided; the activities of the local
11533 technology planning teams and partnerships; and the fulfillment
11534 of any other duties of the office required by this part.
11535 (7) By December 31 each year, the office shall submit to
11536 the Governor, the President of the Senate, and the Speaker of
11537 the House of Representatives an annual report on the office's
11538 operations and accomplishments for that calendar year and the
11539 status of broadband Internet service access and use in this
11540 state. The report must also incorporate the quarterly reports on
11541 rural, unserved, and underserved communities required by
11542 subsection (6).
11543 Section 311. Section 290.06561, Florida Statutes, is
11544 repealed.
11545 Section 312. Subsection (37) is added to section 334.044,
11546 Florida Statutes, to read:
11547 334.044 Powers and duties of the department.—The
11548 department shall have the following general powers and duties:
11549 (37) To provide technical assistance and support from the
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11550 appropriate district of the department to counties that are not
11551 located in a metropolitan planning organization created pursuant
11552 to s. 339.175.
11553 Section 313. Section 339.0801, Florida Statutes, is
11554 amended to read:
11555 339.0801 Allocation of increased revenues derived from
11556 amendments to s. 319.32(5)(a) by ch. 2012-128.—
11557 (1) Funds that result from increased revenues to the State
11558 Transportation Trust Fund derived from the amendments to s.
11559 319.32(5)(a) made by s. 11, chapter 2012-128, Laws of Florida,
11560 this act must be used annually, first as set forth in paragraph
11561 (a) subsection (1) and then as set forth in paragraphs (b), (c),
11562 and (d) subsections (2)-(4), notwithstanding any other provision
11563 of law:
11564 (a)1.(1)(a) Beginning in the 2013-2014 fiscal year and
11565 annually for 30 years thereafter, $10 million shall be for the
11566 purpose of funding any seaport project identified in the adopted
11567 work program of the Department of Transportation, to be known as
11568 the Seaport Investment Program.
11569 2.(b) The revenues may be assigned, pledged, or set aside
11570 as a trust for the payment of principal or interest on revenue
11571 bonds, or other forms of indebtedness issued by an individual
11572 port or appropriate local government having jurisdiction
11573 thereof, or collectively by interlocal agreement among any of
11574 the ports, or used to purchase credit support to permit such
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11575 borrowings. Alternatively, revenue bonds shall be issued by the
11576 Division of Bond Finance at the request of the Department of
11577 Transportation under the State Bond Act and shall be secured by
11578 such revenues as are provided in this subsection.
11579 3.(c) Revenue bonds or other indebtedness issued hereunder
11580 are not a general obligation of the state and are secured solely
11581 by a first lien on the revenues distributed under this
11582 subsection.
11583 4.(d) The state covenants with holders of the revenue
11584 bonds or other instruments of indebtedness issued pursuant to
11585 this subsection that it will not repeal this subsection; nor
11586 take any other action, including but not limited to amending
11587 this subsection, that will materially and adversely affect the
11588 rights of such holders so long as revenue bonds or other
11589 indebtedness authorized by this subsection are outstanding.
11590 5.(e) The proceeds of any revenue bonds or other
11591 indebtedness, after payment of costs of issuance and
11592 establishment of any required reserves, shall be invested in
11593 projects approved by the Department of Transportation and
11594 included in the department's adopted work program, by amendment
11595 if necessary. As required under s. 11(f), Art. VII of the State
11596 Constitution, the Legislature approves projects included in the
11597 department's adopted work program, including any projects added
11598 to the work program by amendment under s. 339.135(7).
11599 6.(f) Any revenues that are not used for the payment of
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11600 bonds as authorized by this subsection may be used for purposes
11601 authorized under the Florida Seaport Transportation and Economic
11602 Development Program. This revenue source is in addition to any
11603 amounts provided for and appropriated in accordance with ss.
11604 311.07 and 320.20(3) and (4).
11605 (b)(2) Beginning in the 2013-2014 fiscal year and annually
11606 thereafter, $10 million shall be transferred to the
11607 Transportation Disadvantaged Trust Fund, to be used as specified
11608 in s. 427.0159.
11609 (c)(3) Beginning in the 2013-2014 fiscal year and annually
11610 thereafter, $10 million shall be allocated to the Small County
11611 Outreach Program to be used as specified in s. 339.2818. These
11612 funds are in addition to the funds provided for the program
11613 pursuant to s. 201.15(4)(a)2.
11614 (d)(4) After the distributions required pursuant to
11615 paragraphs (a), (b), and (c) subsections (1)-(3), the remaining
11616 funds shall be used annually for transportation projects within
11617 this state for existing or planned strategic transportation
11618 projects which connect major markets within this state or
11619 between this state and other states, which focus on job
11620 creation, and which increase this state's viability in the
11621 national and global markets.
11622 (2) The remaining funds that result from increased revenue
11623 to the State Transportation Trust Fund derived pursuant to s.
11624 319.32(5)(a) must be used annually, notwithstanding any other
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11625 law, beginning in the 2025-2026 fiscal year and annually
11626 thereafter, for the Small County Road Assistance Program as
11627 prescribed in s. 339.2816.
11628 (3)(5) Pursuant to s. 339.135(7), the department shall
11629 amend the work program to add the projects provided for in this
11630 section.
11631 Section 314. Subsection (3) and paragraph (a) of
11632 subsection (4) of section 339.2816, Florida Statutes, are
11633 amended, and paragraph (c) of subsection (4) of that section is
11634 reenacted, to read:
11635 339.2816 Small County Road Assistance Program.—
11636 (3) Subject to appropriation, beginning with fiscal year
11637 1999-2000 until fiscal year 2009-2010, and beginning again with
11638 fiscal year 2012-2013, up to $25 million annually from the State
11639 Transportation Trust Fund must may be used for the purposes of
11640 funding the Small County Road Assistance Program as described in
11641 this section. In addition, beginning with fiscal year 2025-2026,
11642 the department must use the additional revenues allocated by s.
11643 339.0801 for the Small County Road Assistance Program.
11644 (4)(a) Small counties shall be eligible to compete for
11645 funds that have been designated for the Small County Road
11646 Assistance Program for resurfacing or reconstruction projects on
11647 county roads that were part of the county road system on June
11648 10, 1995. Capacity improvements on county roads are shall not be
11649 eligible for funding under the program unless a safety issue
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11650 exists or the department finds it necessary to widen existing
11651 lanes as part of a resurfacing or reconstruction project.
11652 (c) The following criteria must be used to prioritize road
11653 projects for funding under the program:
11654 1. The primary criterion is the physical condition of the
11655 road as measured by the department.
11656 2. As secondary criteria the department may consider:
11657 a. Whether a road is used as an evacuation route.
11658 b. Whether a road has high levels of agricultural travel.
11659 c. Whether a road is considered a major arterial route.
11660 d. Whether a road is considered a feeder road.
11661 e. Whether a road is located in a fiscally constrained
11662 county, as defined in s. 218.67(1).
11663 f. Other criteria related to the impact of a project on
11664 the public road system or on the state or local economy as
11665 determined by the department.
11666 Section 315. Subsection (3) of section 339.2817, Florida
11667 Statutes, is amended, and a new subsection (6) is added to that
11668 section, to read:
11669 339.2817 County Incentive Grant Program.—
11670 (3) The department must consider, but is not limited to,
11671 the following criteria for evaluation of projects for County
11672 Incentive Grant Program assistance:
11673 (a) The extent to which the project will encourage,
11674 enhance, or create economic benefits;
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11675 (b) The likelihood that assistance would enable the
11676 project to proceed at an earlier date than the project could
11677 otherwise proceed;
11678 (c) The extent to which assistance would foster innovative
11679 public-private partnerships and attract private debt or equity
11680 investment;
11681 (d) The extent to which the project uses new technologies,
11682 including intelligent transportation systems, which enhance the
11683 efficiency of the project;
11684 (e) The extent to which the project enhances connectivity
11685 between rural agricultural areas and market distribution
11686 centers;
11687 (f)(e) The extent to which the project helps to maintain
11688 or protect the environment; and
11689 (g)(f) The extent to which the project includes
11690 transportation benefits for improving intermodalism and safety.
11691 (6) Beginning in the 2025-2026 fiscal year, the department
11692 shall give priority to a county located either wholly or
11693 partially within the Everglades Agricultural Area as defined in
11694 s. 373.4592(15) which, notwithstanding subsection (4), requests
11695 100 percent of the project costs for an eligible project that
11696 meets the criteria established in paragraph (3)(e). Requests
11697 under this subsection are subject to appropriation and limited
11698 to $15 million annually. This subsection expires July 1, 2031.
11699 Section 316. Subsections (1), (2), (3), (6), (7), and (8)
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11700 of section 339.2818, Florida Statutes, are amended to read:
11701 339.2818 Small County Outreach Program.—
11702 (1) There is created within the department of
11703 Transportation the Small County Outreach Program. The purpose of
11704 this program is to assist small county governments in repairing
11705 or rehabilitating county bridges, paving unpaved roads,
11706 addressing road-related drainage improvements, resurfacing or
11707 reconstructing county roads, or constructing capacity or safety
11708 improvements to county roads.
11709 (2) For the purposes of this section, the term "small
11710 county" means any county that has a population of 200,000 or
11711 less as determined by the most recent official population census
11712 determination estimate pursuant to s. 186.901.
11713 (3) Funds allocated under this program, pursuant to s. 4,
11714 ch. 2000-257, Laws of Florida, are in addition to any funds
11715 provided pursuant to s. 339.2816, for the Small County Road
11716 Assistance Program.
11717 (5)(6) Funds paid into the State Transportation Trust Fund
11718 pursuant to ss. 201.15, 320.072, and 339.0801 s. 201.15 for the
11719 purposes of the Small County Outreach Program may be are hereby
11720 annually appropriated for expenditure to support the Small
11721 County Outreach Program.
11722 (6)(7) Subject to a specific appropriation in addition to
11723 funds annually appropriated for projects under this section, a
11724 municipality within a rural area of opportunity or a rural area
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11725 of opportunity community designated under s. 288.0656(7)(a) may
11726 compete for the additional project funding using the criteria
11727 listed in subsection (3) (4) at up to 100 percent of project
11728 costs, excluding capacity improvement projects.
11729 (8) Subject to a specific appropriation in addition to
11730 funds appropriated for projects under this section, a local
11731 government either wholly or partially within the Everglades
11732 Agricultural Area as defined in s. 373.4592(15), the Peace River
11733 Basin, or the Suwannee River Basin may compete for additional
11734 funding using the criteria listed in paragraph (4)(c) at up to
11735 100 percent of project costs on state or county roads used
11736 primarily as farm-to-market connections between rural
11737 agricultural areas and market distribution centers, excluding
11738 capacity improvement projects.
11739 Section 317. Section 339.68, Florida Statutes, is amended
11740 to read:
11741 (Substantial rewording of section.
11742 See s. 339.68, F.S., for present text.)
11743 339.68 Florida Arterial Road Modernization Program.—
11744 (1) The Legislature finds that increasing demands continue
11745 to be placed on rural arterial roads in this state by a fast-
11746 growing economy, continued population growth, and increased
11747 tourism. Investment in the rural arterial roads of this state is
11748 needed to maintain the safety, mobility, reliability, and
11749 resiliency of the transportation system in order to support the
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11750 movement of people, goods, and commodities; to enhance economic
11751 prosperity and competitiveness; and to enrich the quality of
11752 life of the rural communities and the environment of this state.
11753 (2) The Florida Arterial Road Modernization Program is
11754 created within the department to make capacity and safety
11755 improvements to two-lane arterial roads or connect existing
11756 arterial roads located in rural communities. For purposes of
11757 this section, the term "rural community" has the same meaning as
11758 provided in s. 288.0656.
11759 (3) Subject to annual appropriation, beginning in the
11760 2025-2026 fiscal year, the department shall allocate from the
11761 State Transportation Trust Fund a minimum of $50 million in each
11762 fiscal year for purposes of funding the program. This funding is
11763 in addition to any other funding provided to the program by any
11764 other law.
11765 (4) The department shall use the following criteria to
11766 prioritize projects for funding under the program:
11767 (a) Whether the road has documented safety concerns or
11768 requires additional safety and design improvements. This may be
11769 evidenced by the number of fatalities or crashes per vehicle
11770 mile traveled.
11771 (b) Whether the road has or is projected to have a
11772 significant amount of truck tractor traffic as determined by the
11773 department. For purposes of this paragraph, the term "truck
11774 tractor" has the same meaning as in s. 320.01(11).
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11775 (c) Whether the road is used to transport agricultural
11776 products and commodities from the farm to the market or other
11777 sale or distribution point.
11778 (d) Whether the road is used to transport goods to or from
11779 warehouses, distribution centers, or intermodal logistics
11780 centers as defined in s. 311.101(2).
11781 (e) Whether the road is used as an evacuation route.
11782 (f) Whether the physical condition of the road meets
11783 department standards.
11784 (g) Whether the road currently has, or is projected to
11785 have within the next 5 years, a level of service of D, E, or F.
11786 (h) Any other criteria related to the impact of a project
11787 on the public road system or on the state or local economy as
11788 determined by the department.
11789 (5) By January 1, 2027, and every 2 years thereafter, the
11790 department shall submit to the Governor, the President of the
11791 Senate, and the Speaker of the House of Representatives a report
11792 regarding the use and condition of arterial roads located in
11793 rural communities, which report must include the following:
11794 (a) A map of roads located in rural communities which are
11795 designated as arterial roads.
11796 (b) A needs assessment that must include, but is not
11797 limited to, consideration of infrastructure improvements to
11798 improve capacity on arterial roads in rural communities.
11799 (c) A synopsis of the department's project prioritization
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11800 process.
11801 (d) An estimate of the local and state economic impact of
11802 improving capacity on arterial roads in rural communities.
11803 (e) A listing of the arterial roads and the associated
11804 improvements to be included in the program and a schedule or
11805 timeline for the inclusion of such projects in the work program.
11806 Section 318. (1) The Department of Transportation shall
11807 allocate funds to implement the Small County Road Assistance
11808 Program as created by s. 339.2816, Florida Statutes, and amend
11809 the current tentative work program for the 2025-2026 through
11810 2031-2032 fiscal years to include additional projects. In
11811 addition, before adoption of the work program, the department
11812 shall submit a budget amendment pursuant to s. 339.135(7),
11813 Florida Statutes, requesting budget authority necessary to
11814 implement the additional projects.
11815 (2) The department shall allocate sufficient funds to
11816 implement the Florida Arterial Road Modernization Program,
11817 develop a plan to expend the revenues as specified in s. 339.68,
11818 Florida Statutes, and, before its adoption, amend the current
11819 tentative work program for the 2025-2026 through 2031-2032
11820 fiscal years to include the program's projects. In addition,
11821 before adoption of the work program, the department shall submit
11822 a budget amendment pursuant to s. 339.135(7), Florida Statutes,
11823 requesting budget authority necessary to implement the program
11824 as specified in s. 339.68, Florida Statutes.
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11825 (3) Notwithstanding any other law, the increase in revenue
11826 to the State Transportation Trust Fund derived from the
11827 amendments to ss. 201.15 and 319.32, Florida Statutes, deposited
11828 into the trust fund pursuant to ss. 201.15 and 339.0801, Florida
11829 Statutes, shall be used by the department to fund the programs
11830 as specified in this section.
11831 Section 319. Subsection (3) of section 420.9073, Florida
11832 Statutes, is amended to read:
11833 420.9073 Local housing distributions.—
11834 (3) Calculation of guaranteed amounts:
11835 (a) The guaranteed amount under subsection (1) shall be
11836 calculated for each state fiscal year by multiplying $1 million
11837 $350,000 by a fraction, the numerator of which is the amount of
11838 funds distributed to the Local Government Housing Trust Fund
11839 pursuant to s. 201.15(4)(c) and the denominator of which is the
11840 total amount of funds distributed to the Local Government
11841 Housing Trust Fund pursuant to s. 201.15. Awards under this
11842 subsection are subject to legislative appropriation.
11843 (b) The guaranteed amount under subsection (2) shall be
11844 calculated for each state fiscal year by multiplying $1 million
11845 $350,000 by a fraction, the numerator of which is the amount of
11846 funds distributed to the Local Government Housing Trust Fund
11847 pursuant to s. 201.15(4)(d) and the denominator of which is the
11848 total amount of funds distributed to the Local Government
11849 Housing Trust Fund pursuant to s. 201.15.
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11850 Section 320. Paragraph (n) of subsection (5) of section
11851 420.9075, Florida Statutes, is amended, paragraph (o) is added
11852 to that subsection, and paragraph (b) of subsection (13) of that
11853 section is reenacted, to read:
11854 420.9075 Local housing assistance plans; partnerships.—
11855 (5) The following criteria apply to awards made to
11856 eligible sponsors or eligible persons for the purpose of
11857 providing eligible housing:
11858 (n) Funds from the local housing distribution not used to
11859 meet the criteria established in paragraph (a), or paragraph
11860 (c), or paragraph (o), or not used for the administration of a
11861 local housing assistance plan must be used for housing
11862 production and finance activities, including, but not limited
11863 to, financing preconstruction activities or the purchase of
11864 existing units, providing rental housing, and providing home
11865 ownership training to prospective home buyers and owners of
11866 homes assisted through the local housing assistance plan.
11867 1. Notwithstanding the provisions of paragraphs (a) and
11868 (c), program income as defined in s. 420.9071(26) may also be
11869 used to fund activities described in this paragraph.
11870 2. When preconstruction due-diligence activities conducted
11871 as part of a preservation strategy show that preservation of the
11872 units is not feasible and will not result in the production of
11873 an eligible unit, such costs shall be deemed a program expense
11874 rather than an administrative expense if such program expenses
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11875 do not exceed 3 percent of the annual local housing
11876 distribution.
11877 3. If both an award under the local housing assistance
11878 plan and federal low-income housing tax credits are used to
11879 assist a project and there is a conflict between the criteria
11880 prescribed in this subsection and the requirements of s. 42 of
11881 the Internal Revenue Code of 1986, as amended, the county or
11882 eligible municipality may resolve the conflict by giving
11883 precedence to the requirements of s. 42 of the Internal Revenue
11884 Code of 1986, as amended, in lieu of following the criteria
11885 prescribed in this subsection with the exception of paragraphs
11886 (a) and (g) of this subsection.
11887 4. Each county and each eligible municipality may award
11888 funds as a grant for construction, rehabilitation, or repair as
11889 part of disaster recovery or emergency repairs or to remedy
11890 accessibility or health and safety deficiencies. Any other
11891 grants must be approved as part of the local housing assistance
11892 plan.
11893 (o) Notwithstanding paragraphs (a) and (c), up to 25
11894 percent of the funds made available in each county and eligible
11895 municipality from the local housing distribution may be used to
11896 preserve multifamily affordable rental housing funded through
11897 United States Department of Agriculture loans. These funds are
11898 subject to legislative appropriation and may be used to
11899 rehabilitate housing, extend affordability periods, or acquire
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11900 or transfer properties in partnership with private
11901 organizations. This paragraph expires on June 30, 2031.
11902 (13)
11903 (b) If, as a result of its review of the annual report,
11904 the corporation determines that a county or eligible
11905 municipality has failed to implement a local housing incentive
11906 strategy, or, if applicable, a local housing incentive plan, it
11907 shall send a notice of termination of the local government's
11908 share of the local housing distribution by certified mail to the
11909 affected county or eligible municipality.
11910 1. The notice must specify a date of termination of the
11911 funding if the affected county or eligible municipality does not
11912 implement the plan or strategy and provide for a local response.
11913 A county or eligible municipality shall respond to the
11914 corporation within 30 days after receipt of the notice of
11915 termination.
11916 2. The corporation shall consider the local response that
11917 extenuating circumstances precluded implementation and grant an
11918 extension to the timeframe for implementation. Such an extension
11919 shall be made in the form of an extension agreement that
11920 provides a timeframe for implementation. The chief elected
11921 official of a county or eligible municipality or his or her
11922 designee shall have the authority to enter into the agreement on
11923 behalf of the local government.
11924 3. If the county or the eligible municipality has not
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11925 implemented the incentive strategy or entered into an extension
11926 agreement by the termination date specified in the notice, the
11927 local housing distribution share terminates, and any uncommitted
11928 local housing distribution funds held by the affected county or
11929 eligible municipality in its local housing assistance trust fund
11930 shall be transferred to the Local Government Housing Trust Fund
11931 to the credit of the corporation to administer.
11932 4.a. If the affected local government fails to meet the
11933 timeframes specified in the agreement, the corporation shall
11934 terminate funds. The corporation shall send a notice of
11935 termination of the local government's share of the local housing
11936 distribution by certified mail to the affected local government.
11937 The notice shall specify the termination date, and any
11938 uncommitted funds held by the affected local government shall be
11939 transferred to the Local Government Housing Trust Fund to the
11940 credit of the corporation to administer.
11941 b. If the corporation terminates funds to a county, but an
11942 eligible municipality receiving a local housing distribution
11943 pursuant to an interlocal agreement maintains compliance with
11944 program requirements, the corporation shall thereafter
11945 distribute directly to the participating eligible municipality
11946 its share calculated in the manner provided in ss. 420.9072 and
11947 420.9073.
11948 c. Any county or eligible municipality whose local
11949 distribution share has been terminated may subsequently elect to
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11950 receive directly its local distribution share by adopting the
11951 ordinance, resolution, and local housing assistance plan in the
11952 manner and according to the procedures provided in ss. 420.907-
11953 420.9079.
11954 Section 321. Subsection (3) of section 163.3187, Florida
11955 Statutes, is amended to read:
11956 163.3187 Process for adoption of small scale comprehensive
11957 plan amendment.—
11958 (3) If the small scale development amendment involves a
11959 site within a rural area of opportunity as defined under s.
11960 288.0656 s. 288.0656(2)(d) for the duration of such designation,
11961 the acreage limit listed in subsection (1) shall be increased by
11962 100 percent. The local government approving the small scale plan
11963 amendment shall certify to the state land planning agency that
11964 the plan amendment furthers the economic objectives set forth in
11965 the executive order issued under s. 288.0656(7), and the
11966 property subject to the plan amendment shall undergo public
11967 review to ensure that all concurrency requirements and federal,
11968 state, and local environmental permit requirements are met.
11969 Section 322. Section 212.205, Florida Statutes, is amended
11970 to read:
11971 212.205 Sales tax distribution reporting.—By March 15 of
11972 each year, each person who received a distribution pursuant to
11973 s. 212.20(6)(d)7.b. and c. s. 212.20(6)(d)6.b. and c. in the
11974 preceding calendar year shall report to the Office of Economic
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11975 and Demographic Research the following information:
11976 (1) An itemized accounting of all expenditures of the
11977 funds distributed in the preceding calendar year, including
11978 amounts spent on debt service.
11979 (2) A statement indicating what portion of the distributed
11980 funds have been pledged for debt service.
11981 (3) The original principal amount and current debt service
11982 schedule of any bonds or other borrowing for which the
11983 distributed funds have been pledged for debt service.
11984 Section 323. Section 257.191, Florida Statutes, is amended
11985 to read:
11986 257.191 Construction grants.—The Division of Library and
11987 Information Services may accept and administer library
11988 construction moneys appropriated to it and shall allocate such
11989 appropriation to municipal, county, and regional libraries in
11990 the form of library construction grants on a matching basis. The
11991 local matching portion shall be no less than the grant amount,
11992 on a dollar-for-dollar basis, up to the maximum grant amount,
11993 unless the matching requirement is waived pursuant to s. 288.019
11994 by s. 288.06561. Initiation of a library construction project 12
11995 months or less prior to the grant award under this section does
11996 shall not affect the eligibility of an applicant to receive a
11997 library construction grant. The division shall adopt rules for
11998 the administration of library construction grants. For the
11999 purposes of this section, s. 257.21 does not apply.
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12000 Section 324. Subsection (2) of section 257.193, Florida
12001 Statutes, is amended to read:
12002 257.193 Community Libraries in Caring Program.—
12003 (2) The purpose of the Community Libraries in Caring
12004 Program is to assist libraries in rural communities, as defined
12005 in s. 288.0656(2) and subject to the provisions of s. 288.019 s.
12006 288.06561, to strengthen their collections and services, improve
12007 literacy in their communities, and improve the economic
12008 viability of their communities.
12009 Section 325. Subsection (17) of section 265.283, Florida
12010 Statutes, is amended to read:
12011 265.283 Definitions.—The following definitions shall apply
12012 to ss. 265.281-265.703:
12013 (17) "Underserved arts community assistance program
12014 grants" means grants used by qualified organizations under the
12015 Rural Economic Development Initiative, pursuant to s. 288.0656
12016 and subject to the provisions of s. 288.019 ss. 288.0656 and
12017 288.06561, for the purpose of economic and organizational
12018 development for underserved cultural organizations.
12019 Section 326. Paragraphs (a) and (d) of subsection (3) of
12020 section 288.11621, Florida Statutes, are amended to read:
12021 288.11621 Spring training baseball franchises.—
12022 (3) USE OF FUNDS.—
12023 (a) A certified applicant may use funds provided under s.
12024 212.20(6)(d)7.b. s. 212.20(6)(d)6.b. only to:
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12025 1. Serve the public purpose of acquiring, constructing,
12026 reconstructing, or renovating a facility for a spring training
12027 franchise.
12028 2. Pay or pledge for the payment of debt service on, or to
12029 fund debt service reserve funds, arbitrage rebate obligations,
12030 or other amounts payable with respect thereto, bonds issued for
12031 the acquisition, construction, reconstruction, or renovation of
12032 such facility, or for the reimbursement of such costs or the
12033 refinancing of bonds issued for such purposes.
12034 3. Assist in the relocation of a spring training franchise
12035 from one unit of local government to another only if the
12036 governing board of the current host local government by a
12037 majority vote agrees to relocation.
12038 (d)1. All certified applicants must place unexpended state
12039 funds received pursuant to s. 212.20(6)(d)7.b. s.
12040 212.20(6)(d)6.b. in a trust fund or separate account for use
12041 only as authorized in this section.
12042 2. A certified applicant may request that the Department
12043 of Revenue suspend further distributions of state funds made
12044 available under s. 212.20(6)(d)7.b. s. 212.20(6)(d)6.b. for 12
12045 months after expiration of an existing agreement with a spring
12046 training franchise to provide the certified applicant with an
12047 opportunity to enter into a new agreement with a spring training
12048 franchise, at which time the distributions shall resume.
12049 3. The expenditure of state funds distributed to an
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12050 applicant certified before July 1, 2010, must begin within 48
12051 months after the initial receipt of the state funds. In
12052 addition, the construction of, or capital improvements to, a
12053 spring training facility must be completed within 24 months
12054 after the project's commencement.
12055 Section 327. Paragraph (c) of subsection (2) and
12056 paragraphs (a), (c), and (d) of subsection (3) of section
12057 288.11631, Florida Statutes, are amended to read:
12058 288.11631 Retention of Major League Baseball spring
12059 training baseball franchises.—
12060 (2) CERTIFICATION PROCESS.—
12061 (c) Each applicant certified on or after July 1, 2013,
12062 shall enter into an agreement with the department which:
12063 1. Specifies the amount of the state incentive funding to
12064 be distributed. The amount of state incentive funding per
12065 certified applicant may not exceed $20 million. However, if a
12066 certified applicant's facility is used by more than one spring
12067 training franchise, the maximum amount may not exceed $50
12068 million, and the Department of Revenue shall make distributions
12069 to the applicant pursuant to s. 212.20(6)(d)7.c. s.
12070 212.20(6)(d)6.c.
12071 2. States the criteria that the certified applicant must
12072 meet in order to remain certified. These criteria must include a
12073 provision stating that the spring training franchise must
12074 reimburse the state for any funds received if the franchise does
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12075 not comply with the terms of the contract. If bonds were issued
12076 to construct or renovate a facility for a spring training
12077 franchise, the required reimbursement must be equal to the total
12078 amount of state distributions expected to be paid from the date
12079 the franchise violates the agreement with the applicant through
12080 the final maturity of the bonds.
12081 3. States that the certified applicant is subject to
12082 decertification if the certified applicant fails to comply with
12083 this section or the agreement.
12084 4. States that the department may recover state incentive
12085 funds if the certified applicant is decertified.
12086 5. Specifies the information that the certified applicant
12087 must report to the department.
12088 6. Includes any provision deemed prudent by the
12089 department.
12090 (3) USE OF FUNDS.—
12091 (a) A certified applicant may use funds provided under s.
12092 212.20(6)(d)7.c. s. 212.20(6)(d)6.c. only to:
12093 1. Serve the public purpose of constructing or renovating
12094 a facility for a spring training franchise.
12095 2. Pay or pledge for the payment of debt service on, or to
12096 fund debt service reserve funds, arbitrage rebate obligations,
12097 or other amounts payable with respect thereto, bonds issued for
12098 the construction or renovation of such facility, or for the
12099 reimbursement of such costs or the refinancing of bonds issued
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12100 for such purposes.
12101 (c) The Department of Revenue may not distribute funds
12102 under s. 212.20(6)(d)7.c. s. 212.20(6)(d)6.c. until July 1,
12103 2016. Further, the Department of Revenue may not distribute
12104 funds to an applicant certified on or after July 1, 2013, until
12105 it receives notice from the department that:
12106 1. The certified applicant has encumbered funds under
12107 either subparagraph (a)1. or subparagraph (a)2.; and
12108 2. If applicable, any existing agreement with a spring
12109 training franchise for the use of a facility has expired.
12110 (d)1. All certified applicants shall place unexpended
12111 state funds received pursuant to s. 212.20(6)(d)7.c. s.
12112 212.20(6)(d)6.c. in a trust fund or separate account for use
12113 only as authorized in this section.
12114 2. A certified applicant may request that the department
12115 notify the Department of Revenue to suspend further
12116 distributions of state funds made available under s.
12117 212.20(6)(d)7.c. s. 212.20(6)(d)6.c. for 12 months after
12118 expiration of an existing agreement with a spring training
12119 franchise to provide the certified applicant with an opportunity
12120 to enter into a new agreement with a spring training franchise,
12121 at which time the distributions shall resume.
12122 3. The expenditure of state funds distributed to an
12123 applicant certified after July 1, 2013, must begin within 48
12124 months after the initial receipt of the state funds. In
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12125 addition, the construction or renovation of a spring training
12126 facility must be completed within 24 months after the project's
12127 commencement.
12128 Section 328. Subsection (1) of section 443.191, Florida
12129 Statutes, is amended to read:
12130 443.191 Unemployment Compensation Trust Fund;
12131 establishment and control.—
12132 (1) There is established, as a separate trust fund apart
12133 from all other public funds of this state, an Unemployment
12134 Compensation Trust Fund, which shall be administered by the
12135 Department of Commerce exclusively for the purposes of this
12136 chapter. The fund must consist of:
12137 (a) All contributions and reimbursements collected under
12138 this chapter;
12139 (b) Interest earned on any moneys in the fund;
12140 (c) Any property or securities acquired through the use of
12141 moneys belonging to the fund;
12142 (d) All earnings of these properties or securities;
12143 (e) All money credited to this state's account in the
12144 federal Unemployment Compensation Trust Fund under 42 U.S.C. s.
12145 1103;
12146 (f) All money collected for penalties imposed pursuant to
12147 s. 443.151(6)(a);
12148 (g) Advances on the amount in the federal Unemployment
12149 Compensation Trust Fund credited to the state under 42 U.S.C. s.
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12150 1321, as requested by the Governor or the Governor's designee;
12151 and
12152 (h) All money deposited in this account as a distribution
12153 pursuant to s. 212.20(6)(d)7.e. s. 212.20(6)(d)6.e.
12154
12155 Except as otherwise provided in s. 443.1313(4), all moneys in
12156 the fund must be mingled and undivided.
12157 Section 329. Section 571.26, Florida Statutes, is amended
12158 to read:
12159 571.26 Florida Agricultural Promotional Campaign Trust
12160 Fund.—There is hereby created the Florida Agricultural
12161 Promotional Campaign Trust Fund within the Department of
12162 Agriculture and Consumer Services to receive all moneys related
12163 to the Florida Agricultural Promotional Campaign. Moneys
12164 deposited in the trust fund shall be appropriated for the sole
12165 purpose of implementing the Florida Agricultural Promotional
12166 Campaign, except for money deposited in the trust fund pursuant
12167 to s. 212.20(6)(d)7.h. s. 212.20(6)(d)6.h., which shall be held
12168 separately and used solely for the purposes identified in s.
12169 571.265.
12170 Section 330. Subsection (2) of section 571.265, Florida
12171 Statutes, is amended to read:
12172 571.265 Promotion of Florida thoroughbred breeding and of
12173 thoroughbred racing at Florida thoroughbred tracks; distribution
12174 of funds.—
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12175 (2) Funds deposited into the Florida Agricultural
12176 Promotional Campaign Trust Fund pursuant to s. 212.20(6)(d)7.f.
12177 s. 212.20(6)(d)6.f. shall be used by the department to encourage
12178 the agricultural activity of breeding thoroughbred racehorses in
12179 this state and to enhance thoroughbred racing conducted at
12180 thoroughbred tracks in this state as provided in this section.
12181 If the funds made available under this section are not fully
12182 used in any one fiscal year, any unused amounts shall be carried
12183 forward in the trust fund into future fiscal years and made
12184 available for distribution as provided in this section.
12185 Section 331. For the purpose of incorporating the
12186 amendment made by this act to section 20.60, Florida Statutes,
12187 in a reference thereto, subsection (8) of section 288.9935,
12188 Florida Statutes, is reenacted to read:
12189 288.9935 Microfinance Guarantee Program.—
12190 (8) The department must, in the department's report
12191 required under s. 20.60(10), include an annual report on the
12192 program. The report must, at a minimum, provide:
12193 (a) A comprehensive description of the program, including
12194 an evaluation of its application and guarantee activities,
12195 recommendations for change, and identification of any other
12196 state programs that overlap with the program;
12197 (b) An assessment of the current availability of and
12198 access to credit for entrepreneurs and small businesses in this
12199 state;
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12200 (c) A summary of the financial and employment results of
12201 the entrepreneurs and small businesses receiving loan
12202 guarantees, including the number of full-time equivalent jobs
12203 created as a result of the guaranteed loans and the amount of
12204 wages paid to employees in the newly created jobs;
12205 (d) Industry data about the borrowers, including the six-
12206 digit North American Industry Classification System (NAICS)
12207 code;
12208 (e) The name and location of lenders that receive loan
12209 guarantees;
12210 (f) The number of loan guarantee applications received;
12211 (g) The number, duration, location, and amount of
12212 guarantees made;
12213 (h) The number and amount of guaranteed loans outstanding,
12214 if any;
12215 (i) The number and amount of guaranteed loans with
12216 payments overdue, if any;
12217 (j) The number and amount of guaranteed loans in default,
12218 if any;
12219 (k) The repayment history of the guaranteed loans made;
12220 and
12221 (l) An evaluation of the program's ability to meet the
12222 financial performance measures and objectives specified in
12223 subsection (3).
12224 Section 332. For the purpose of incorporating the
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12225 amendment made by this act to section 218.67, Florida Statutes,
12226 in a reference thereto, paragraph (c) of subsection (5) of
12227 section 125.0104, Florida Statutes, is reenacted to read:
12228 125.0104 Tourist development tax; procedure for levying;
12229 authorized uses; referendum; enforcement.—
12230 (5) AUTHORIZED USES OF REVENUE.—
12231 (c) A county located adjacent to the Gulf of Mexico or the
12232 Atlantic Ocean, except a county that receives revenue from taxes
12233 levied pursuant to s. 125.0108, which meets the following
12234 criteria may use up to 10 percent of the tax revenue received
12235 pursuant to this section to reimburse expenses incurred in
12236 providing public safety services, including emergency medical
12237 services as defined in s. 401.107(3), and law enforcement
12238 services, which are needed to address impacts related to
12239 increased tourism and visitors to an area. However, if taxes
12240 collected pursuant to this section are used to reimburse
12241 emergency medical services or public safety services for tourism
12242 or special events, the governing board of a county or
12243 municipality may not use such taxes to supplant the normal
12244 operating expenses of an emergency medical services department,
12245 a fire department, a sheriff's office, or a police department.
12246 To receive reimbursement, the county must:
12247 1.a. Generate a minimum of $10 million in annual proceeds
12248 from any tax, or any combination of taxes, authorized to be
12249 levied pursuant to this section;
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12250 b. Have at least three municipalities; and
12251 c. Have an estimated population of less than 275,000,
12252 according to the most recent population estimate prepared
12253 pursuant to s. 186.901, excluding the inmate population; or
12254 2. Be a fiscally constrained county as described in s.
12255 218.67(1).
12256
12257 The board of county commissioners must by majority vote approve
12258 reimbursement made pursuant to this paragraph upon receipt of a
12259 recommendation from the tourist development council.
12260 Section 333. For the purpose of incorporating the
12261 amendment made by this act to section 218.67, Florida Statutes,
12262 in a reference thereto, subsection (3) of section 193.624,
12263 Florida Statutes, is reenacted to read:
12264 193.624 Assessment of renewable energy source devices.—
12265 (3) This section applies to the installation of a
12266 renewable energy source device installed on or after January 1,
12267 2013, to new and existing residential real property. This
12268 section applies to a renewable energy source device installed on
12269 or after January 1, 2018, to all other real property, except
12270 when installed as part of a project planned for a location in a
12271 fiscally constrained county, as defined in s. 218.67(1), and for
12272 which an application for a comprehensive plan amendment or
12273 planned unit development zoning has been filed with the county
12274 on or before December 31, 2017.
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12275 Section 334. For the purpose of incorporating the
12276 amendment made by this act to section 218.67, Florida Statutes,
12277 in a reference thereto, subsection (2) of section 196.182,
12278 Florida Statutes, is reenacted to read:
12279 196.182 Exemption of renewable energy source devices.—
12280 (2) The exemption provided in this section does not apply
12281 to a renewable energy source device that is installed as part of
12282 a project planned for a location in a fiscally constrained
12283 county, as defined in s. 218.67(1), and for which an application
12284 for a comprehensive plan amendment or planned unit development
12285 zoning has been filed with the county on or before December 31,
12286 2017.
12287 Section 335. For the purpose of incorporating the
12288 amendment made by this act to section 218.67, Florida Statutes,
12289 in a reference thereto, subsection (1) of section 218.12,
12290 Florida Statutes, is reenacted to read:
12291 218.12 Appropriations to offset reductions in ad valorem
12292 tax revenue in fiscally constrained counties.—
12293 (1) Beginning in fiscal year 2008-2009, the Legislature
12294 shall appropriate moneys to offset the reductions in ad valorem
12295 tax revenue experienced by fiscally constrained counties, as
12296 defined in s. 218.67(1), which occur as a direct result of the
12297 implementation of revisions of Art. VII of the State
12298 Constitution approved in the special election held on January
12299 29, 2008. The moneys appropriated for this purpose shall be
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12300 distributed in January of each fiscal year among the fiscally
12301 constrained counties based on each county's proportion of the
12302 total reduction in ad valorem tax revenue resulting from the
12303 implementation of the revision.
12304 Section 336. For the purpose of incorporating the
12305 amendment made by this act to section 218.67, Florida Statutes,
12306 in a reference thereto, subsection (1) of section 218.125,
12307 Florida Statutes, is reenacted to read:
12308 218.125 Offset for tax loss associated with certain
12309 constitutional amendments affecting fiscally constrained
12310 counties.—
12311 (1) Beginning in the 2010-2011 fiscal year, the
12312 Legislature shall appropriate moneys to offset the reductions in
12313 ad valorem tax revenue experienced by fiscally constrained
12314 counties, as defined in s. 218.67(1), which occur as a direct
12315 result of the implementation of revisions of ss. 3(f) and 4(b),
12316 Art. VII of the State Constitution which were approved in the
12317 general election held in November 2008. The moneys appropriated
12318 for this purpose shall be distributed in January of each fiscal
12319 year among the fiscally constrained counties based on each
12320 county's proportion of the total reduction in ad valorem tax
12321 revenue resulting from the implementation of the revisions.
12322 Section 337. For the purpose of incorporating the
12323 amendment made by this act to section 218.67, Florida Statutes,
12324 in a reference thereto, subsection (1) of section 218.135,
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12325 Florida Statutes, is reenacted to read:
12326 218.135 Offset for tax loss associated with reductions in
12327 value of certain citrus fruit packing and processing equipment.—
12328 (1) For the 2018-2019 fiscal year, the Legislature shall
12329 appropriate moneys to offset the reductions in ad valorem tax
12330 revenue experienced by fiscally constrained counties, as defined
12331 in s. 218.67(1), which occur as a direct result of the
12332 implementation of s. 193.4516. The moneys appropriated for this
12333 purpose shall be distributed in January 2019 among the fiscally
12334 constrained counties based on each county's proportion of the
12335 total reduction in ad valorem tax revenue resulting from the
12336 implementation of s. 193.4516.
12337 Section 338. For the purpose of incorporating the
12338 amendment made by this act to section 218.67, Florida Statutes,
12339 in a reference thereto, subsection (1) of section 218.136,
12340 Florida Statutes, is reenacted to read:
12341 218.136 Offset for ad valorem revenue loss affecting
12342 fiscally constrained counties.—
12343 (1) Beginning in fiscal year 2025-2026, the Legislature
12344 shall appropriate moneys to offset the reductions in ad valorem
12345 tax revenue experienced by fiscally constrained counties, as
12346 defined in s. 218.67(1), which occur as a direct result of the
12347 implementation of revisions of s. 6(a), Art. VII of the State
12348 Constitution approved in the November 2024 general election. The
12349 moneys appropriated for this purpose shall be distributed in
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12350 January of each fiscal year among the fiscally constrained
12351 counties based on each county's proportion of the total
12352 reduction in ad valorem tax revenue resulting from the
12353 implementation of the revision of s. 6(a), Art. VII of the State
12354 Constitution.
12355 Section 339. For the purpose of incorporating the
12356 amendment made by this act to section 218.67, Florida Statutes,
12357 in a reference thereto, paragraph (cc) of subsection (2) of
12358 section 252.35, Florida Statutes, is reenacted to read:
12359 252.35 Emergency management powers; Division of Emergency
12360 Management.—
12361 (2) The division is responsible for carrying out the
12362 provisions of ss. 252.31-252.90. In performing its duties, the
12363 division shall:
12364 (cc) Prioritize technical assistance and training to
12365 fiscally constrained counties as defined in s. 218.67(1) on
12366 aspects of safety measures, preparedness, prevention, response,
12367 recovery, and mitigation relating to natural disasters and
12368 emergencies.
12369 Section 340. For the purpose of incorporating the
12370 amendment made by this act to section 218.67, Florida Statutes,
12371 in a reference thereto, subsection (4) of section 288.102,
12372 Florida Statutes, is reenacted to read:
12373 288.102 Supply Chain Innovation Grant Program.—
12374 (4) A minimum of a one-to-one match of nonstate resources,
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12375 including local, federal, or private funds, to the state
12376 contribution is required. An award may not be made for a project
12377 that is receiving or using state funding from another state
12378 source or statutory program, including tax credits. The one-to-
12379 one match requirement is waived for a public entity located in a
12380 fiscally constrained county as defined in s. 218.67(1).
12381 Section 341. For the purpose of incorporating the
12382 amendment made by this act to section 218.67, Florida Statutes,
12383 in a reference thereto, paragraph (g) of subsection (16) of
12384 section 403.064, Florida Statutes, is reenacted to read:
12385 403.064 Reuse of reclaimed water.—
12386 (16) By November 1, 2021, domestic wastewater utilities
12387 that dispose of effluent, reclaimed water, or reuse water by
12388 surface water discharge shall submit to the department for
12389 review and approval a plan for eliminating nonbeneficial surface
12390 water discharge by January 1, 2032, subject to the requirements
12391 of this section. The plan must include the average gallons per
12392 day of effluent, reclaimed water, or reuse water that will no
12393 longer be discharged into surface waters and the date of such
12394 elimination, the average gallons per day of surface water
12395 discharge which will continue in accordance with the
12396 alternatives provided for in subparagraphs (a)2. and 3., and the
12397 level of treatment that the effluent, reclaimed water, or reuse
12398 water will receive before being discharged into a surface water
12399 by each alternative.
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12400 (g) This subsection does not apply to any of the
12401 following:
12402 1. A domestic wastewater treatment facility that is
12403 located in a fiscally constrained county as described in s.
12404 218.67(1).
12405 2. A domestic wastewater treatment facility that is
12406 located in a municipality that is entirely within a rural area
12407 of opportunity as designated pursuant to s. 288.0656.
12408 3. A domestic wastewater treatment facility that is
12409 located in a municipality that has less than $10 million in
12410 total revenue, as determined by the municipality's most recent
12411 annual financial report submitted to the Department of Financial
12412 Services in accordance with s. 218.32.
12413 4. A domestic wastewater treatment facility that is
12414 operated by an operator of a mobile home park as defined in s.
12415 723.003 and has a permitted capacity of less than 300,000
12416 gallons per day.
12417 Section 342. For the purpose of incorporating the
12418 amendment made by this act to section 218.67, Florida Statutes,
12419 in references thereto, subsections (2) and (3) of section
12420 589.08, Florida Statutes, are reenacted to read:
12421 589.08 Land acquisition restrictions.—
12422 (2) The Florida Forest Service may receive, hold the
12423 custody of, and exercise the control of any lands, and set aside
12424 into a separate, distinct and inviolable fund, any proceeds
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12425 derived from the sales of the products of such lands, the use
12426 thereof in any manner, or the sale of such lands save the 25
12427 percent of the proceeds to be paid into the State School Fund as
12428 provided by law. The Florida Forest Service may use and apply
12429 such funds for the acquisition, use, custody, management,
12430 development, or improvement of any lands vested in or subject to
12431 the control of the Florida Forest Service. After full payment
12432 has been made for the purchase of a state forest to the Federal
12433 Government or other grantor, 15 percent of the gross receipts
12434 from a state forest shall be paid to the fiscally constrained
12435 county or counties, as described in s. 218.67(1), in which it is
12436 located in proportion to the acreage located in each county for
12437 use by the county or counties for school purposes.
12438 (3) The Florida Forest Service shall pay 15 percent of the
12439 gross receipts from the Goethe State Forest to each fiscally
12440 constrained county, as described in s. 218.67(1), in which a
12441 portion of the respective forest is located in proportion to the
12442 forest acreage located in such county. The funds must be equally
12443 divided between the board of county commissioners and the school
12444 board of each fiscally constrained county.
12445 Section 343. For the purpose of incorporating the
12446 amendment made by this act to section 218.67, Florida Statutes,
12447 in a reference thereto, paragraph (f) of subsection (1) of
12448 section 1011.62, Florida Statutes, is reenacted to read:
12449 1011.62 Funds for operation of schools.—If the annual
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12450 allocation from the Florida Education Finance Program to each
12451 district for operation of schools is not determined in the
12452 annual appropriations act or the substantive bill implementing
12453 the annual appropriations act, it shall be determined as
12454 follows:
12455 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
12456 OPERATION.—The following procedure shall be followed in
12457 determining the annual allocation to each district for
12458 operation:
12459 (f) Small district factor.—An additional value per full-
12460 time equivalent student membership is provided to each school
12461 district with a full-time equivalent student membership of fewer
12462 than 20,000 full-time equivalent students which is in a fiscally
12463 constrained county as described in s. 218.67(1). The amount of
12464 the additional value shall be specified in the General
12465 Appropriations Act.
12466 Section 344. For the purpose of incorporating the
12467 amendment made by this act to sections 218.67 and 339.2818,
12468 Florida Statutes, in references thereto, paragraph (c) of
12469 subsection (6) of section 403.0741, Florida Statutes, is
12470 reenacted to read:
12471 403.0741 Grease waste removal and disposal.—
12472 (6) REGULATION BY LOCAL GOVERNMENTS.—
12473 (c) Fiscally constrained counties as described in s.
12474 218.67(1) and small counties as defined in s. 339.2818(2) may
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12475 opt out of the requirements of this section.
12476 Section 345. For the purpose of incorporating the
12477 amendment made by this act to section 288.0656, Florida
12478 Statutes, in a reference thereto, paragraph (e) of subsection
12479 (7) of section 163.3177, Florida Statutes, is reenacted to read:
12480 163.3177 Required and optional elements of comprehensive
12481 plan; studies and surveys.—
12482 (7)
12483 (e) This subsection does not confer the status of rural
12484 area of opportunity, or any of the rights or benefits derived
12485 from such status, on any land area not otherwise designated as
12486 such pursuant to s. 288.0656(7).
12487 Section 346. For the purpose of incorporating the
12488 amendment made by this act to section 288.9961, Florida
12489 Statutes, in a reference thereto, paragraph (a) of subsection
12490 (7) of section 288.9962, Florida Statutes, is reenacted to read:
12491 288.9962 Broadband Opportunity Program.—
12492 (7)(a) In evaluating grant applications and awarding
12493 grants, the office must give priority to applications that:
12494 1. Offer broadband Internet service to important community
12495 institutions, including, but not limited to, libraries,
12496 educational institutions, public safety facilities, and health
12497 care facilities;
12498 2. Facilitate the use of telemedicine and electronic
12499 health records;
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12500 3. Serve economically distressed areas of this state, as
12501 measured by indices of unemployment, poverty, or population loss
12502 that are significantly greater than the statewide average;
12503 4. Provide for scalability to transmission speeds of at
12504 least 100 megabits per second download and 10 megabits per
12505 second upload;
12506 5. Include a component to actively promote the adoption of
12507 the newly available broadband Internet service in the community;
12508 6. Provide evidence of strong support for the project from
12509 citizens, government, businesses, and institutions in the
12510 community;
12511 7. Provide access to broadband Internet service to the
12512 greatest number of unserved households and businesses;
12513 8. Leverage greater amounts of funding for a project from
12514 private sources; or
12515 9. Demonstrate consistency with the strategic plan adopted
12516 under s. 288.9961.
12517 Section 347. For the purpose of incorporating the
12518 amendment made by this act to section 339.68, Florida Statutes,
12519 in references thereto, subsections (5) and (6) of section
12520 339.66, Florida Statutes, are reenacted to read:
12521 339.66 Upgrade of arterial highways with controlled access
12522 facilities.—
12523 (5) Any existing applicable requirements relating to
12524 department projects shall apply to projects undertaken by the
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12525 department pursuant to this section. The department shall take
12526 into consideration the guidance and recommendations of any
12527 previous studies or reports relevant to the projects authorized
12528 by this section and ss. 339.67 and 339.68, including, but not
12529 limited to, the task force reports prepared pursuant to chapter
12530 2019-43, Laws of Florida.
12531 (6) Any existing applicable requirements relating to
12532 turnpike projects apply to projects undertaken by the Turnpike
12533 Enterprise pursuant to this section. The Turnpike Enterprise
12534 shall take into consideration the guidance and recommendations
12535 of any previous studies or reports relevant to the projects
12536 authorized by this section and ss. 339.67 and 339.68, including,
12537 but not limited to, the task force reports prepared pursuant to
12538 chapter 2019-43, Laws of Florida, and with respect to any
12539 extension of the Florida Turnpike from its northerly terminus in
12540 Wildwood.
12541 Section 348. For the purpose of incorporating the
12542 amendment made by this act to section 420.9073, Florida
12543 Statutes, in references thereto, subsections (4) and (6) of
12544 section 420.9072, Florida Statutes, are reenacted to read:
12545 420.9072 State Housing Initiatives Partnership Program.—
12546 The State Housing Initiatives Partnership Program is created for
12547 the purpose of providing funds to counties and eligible
12548 municipalities as an incentive for the creation of local housing
12549 partnerships, to expand production of and preserve affordable
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12550 housing, to further the housing element of the local government
12551 comprehensive plan specific to affordable housing, and to
12552 increase housing-related employment.
12553 (4) Moneys in the Local Government Housing Trust Fund
12554 shall be distributed by the corporation to each approved county
12555 and eligible municipality within the county as provided in s.
12556 420.9073. Distributions shall be allocated to the participating
12557 county and to each eligible municipality within the county
12558 according to an interlocal agreement between the county
12559 governing authority and the governing body of the eligible
12560 municipality or, if there is no interlocal agreement, according
12561 to population. The portion for each eligible municipality is
12562 computed by multiplying the total moneys earmarked for a county
12563 by a fraction, the numerator of which is the population of the
12564 eligible municipality and the denominator of which is the total
12565 population of the county. The remaining revenues shall be
12566 distributed to the governing body of the county.
12567 (6) The moneys that otherwise would be distributed
12568 pursuant to s. 420.9073 to a local government that does not meet
12569 the program's requirements for receipts of such distributions
12570 shall remain in the Local Government Housing Trust Fund to be
12571 administered by the corporation.
12572 Section 349. For the purpose of incorporating the
12573 amendment made by this act to section 420.9073, Florida
12574 Statutes, in a reference thereto, paragraph (b) of subsection
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12575 (7) of section 420.9076, Florida Statutes, is reenacted to read:
12576 420.9076 Adoption of affordable housing incentive
12577 strategies; committees.—
12578 (7) The governing board of the county or the eligible
12579 municipality shall notify the corporation by certified mail of
12580 its adoption of an amendment of its local housing assistance
12581 plan to incorporate local housing incentive strategies. The
12582 notice must include a copy of the approved amended plan.
12583 (b) If a county fails to timely adopt an amended local
12584 housing assistance plan to incorporate local housing incentive
12585 strategies but an eligible municipality receiving a local
12586 housing distribution pursuant to an interlocal agreement within
12587 the county does timely adopt an amended local housing assistance
12588 plan to incorporate local housing incentive strategies, the
12589 corporation, after issuance of a notice of termination, shall
12590 thereafter distribute directly to the participating eligible
12591 municipality its share calculated in the manner provided in s.
12592 420.9073.
12593 Section 350. For the purpose of incorporating the
12594 amendment made by this act to section 420.9073, Florida
12595 Statutes, in a reference thereto, subsection (2) of section
12596 420.9079, Florida Statutes, is reenacted to read:
12597 420.9079 Local Government Housing Trust Fund.—
12598 (2) The corporation shall administer the fund exclusively
12599 for the purpose of implementing the programs described in ss.
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12600 420.907-420.9076 and this section. With the exception of
12601 monitoring the activities of counties and eligible
12602 municipalities to determine local compliance with program
12603 requirements, the corporation shall not receive appropriations
12604 from the fund for administrative or personnel costs. For the
12605 purpose of implementing the compliance monitoring provisions of
12606 s. 420.9075(9), the corporation may request a maximum of one-
12607 quarter of 1 percent of the annual appropriation per state
12608 fiscal year. When such funding is appropriated, the corporation
12609 shall deduct the amount appropriated prior to calculating the
12610 local housing distribution pursuant to ss. 420.9072 and
12611 420.9073.
12612 Section 351. Subsection (10) of section 553.79, Florida
12613 Statutes, is amended, and subsections (26), (27), (28) and (29)
12614 are added to that section, to read:
12615 553.79 Permits; applications; issuance; inspections.—
12616 (10) No enforcing agency may issue a building permit for
12617 construction of any threshold building except to a licensed
12618 general contractor, as defined in s. 489.105(2)(a) s.
12619 489.105(3)(a), or to a licensed building contractor, as defined
12620 in s. 489.105(2)(b) s. 489.105(3)(b), within the scope of her or
12621 his license. The named contractor to whom the building permit is
12622 issued shall have the responsibility for supervision, direction,
12623 management, and control of the construction activities on the
12624 project for which the building permit was issued.
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12625 (26) A local enforcement agency may not deny the issuance
12626 of a certificate of occupancy to an owner of a residential or
12627 commercial structure based on noncompliance with a Florida-
12628 friendly landscaping ordinance adopted to implement s. 373.185
12629 if the owner was issued a building permit for such structure
12630 within 1 year of the declaration of a state of emergency for a
12631 natural disaster for the county in which the structure is
12632 located.
12633 (27) A local enforcement agency may not deny the issuance
12634 of a building permit for the alteration, modification, or repair
12635 of a single-family residential structure if such alteration,
12636 modification, or repair:
12637 (a) Is completed within 1 year after the declaration of a
12638 state of emergency for a natural disaster for the county in
12639 which the structure is located;
12640 (b) Is necessitated by damage to the structure caused by
12641 the natural disaster;
12642 (c) Has a total cost that does not exceed more than 50
12643 percent of the value of the structure;
12644 (d) Does not affect more than 50 percent of the structure;
12645 and
12646 (e) Does not alter the footprint of the structure.
12647 (28) A local enforcement agency may not require a building
12648 permit for the construction of playground equipment, fences, or
12649 landscape irrigation systems on a parcel containing a single-
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12650 family residential dwelling. However, a local government may
12651 require a building permit for any electrical work performed as
12652 part of the construction of playground equipment, fences, or
12653 landscape irrigation systems.
12654 (29) A local enforcement agency may not require a building
12655 permit to perform any work that is valued at less than $7,500 on
12656 a parcel containing a single-family residential dwelling. This
12657 does not apply to a larger or major project in which a division
12658 of the project is made in amounts less than $7,500. A local
12659 government may require a building permit for any electrical,
12660 plumbing, or structural work performed on a parcel containing a
12661 single-family residential dwelling regardless of the value of
12662 the work. For purposes of this subsection structural work does
12663 not include the repair or replacement of exterior doors or
12664 windows.
12665 Section 352. Subsections (3) through (7) of section
12666 475.17, Florida Statutes, are amended to read:
12667 475.17 Qualifications for practice.—
12668 (3)(a) The commission may prescribe a postlicensure
12669 education requirement in order for a person to maintain a valid
12670 sales associate's license, which shall not exceed 45 classroom
12671 hours of 50 minutes each, inclusive of examination, prior to the
12672 first renewal following initial licensure. If prescribed, this
12673 shall consist of one or more commission-approved courses which
12674 total at least 45 classroom hours on one or more subjects which
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12675 include, but are not limited to, property management, appraisal,
12676 real estate finance, the economics of real estate management,
12677 marketing, technology, sales and listing of properties, business
12678 office management, courses teaching practical real estate
12679 application skills, development of business plans, marketing of
12680 property, and time management. Required postlicensure education
12681 courses must be provided by an accredited college, university,
12682 or community college, by a career center, by a registered real
12683 estate school, or by a commission-approved sponsor.
12684 (b) Satisfactory completion of the postlicensure education
12685 requirement is demonstrated by successfully meeting all
12686 standards established for the commission-prescribed or
12687 commission-approved institution or school. However, notice of
12688 satisfactory completion shall not be issued if the student has
12689 absences in excess of 10 percent of the required classroom hours
12690 or has not satisfactorily completed a timed distance learning
12691 course examination.
12692 (c) The license of any sales associate who does not
12693 complete the postlicensure education requirement prior to the
12694 first renewal following initial licensure shall be considered
12695 null and void. Such person wishing to again operate as a real
12696 estate sales associate must requalify by satisfactorily
12697 completing the sales associate's prelicensure course and passing
12698 the state examination for licensure as a sales associate.
12699 (d) A sales associate who is required to complete any
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12700 postlicensure education requirement must complete any
12701 postlicensure education requirement and hold a current and valid
12702 license in order to be eligible for licensure as a broker.
12703 (4)(a) The commission may prescribe a postlicensure
12704 education requirement in order for a person to maintain a valid
12705 broker's license, which shall not exceed 60 classroom hours of
12706 50 minutes each, inclusive of examination, prior to the first
12707 renewal following initial licensure. If prescribed, this shall
12708 consist of one or more commission-approved courses which total
12709 at least 60 classroom hours on one or more subjects which
12710 include, but are not limited to, advanced appraisal, advanced
12711 property management, real estate marketing, business law,
12712 advanced real estate investment analyses, advanced legal
12713 aspects, general accounting, real estate economics,
12714 syndications, commercial brokerage, feasibility analyses,
12715 advanced real estate finance, residential brokerage, advanced
12716 marketing, technology, advanced business planning, time
12717 management, or real estate brokerage office operations. Required
12718 postlicensure education courses must be provided by an
12719 accredited college, university, or community college, by a
12720 career center, by a registered real estate school, or by a
12721 commission-approved sponsor.
12722 (b) Satisfactory completion of the postlicensure education
12723 requirement is demonstrated by successfully meeting all
12724 standards established for the commission-prescribed or
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12725 commission-approved institution or school. However, notice of
12726 satisfactory completion shall not be issued if the student has
12727 absences in excess of 10 percent of the required classroom hours
12728 or has not satisfactorily completed a timed distance learning
12729 course examination.
12730 (c) The license of any broker who does not complete the
12731 postlicensure education requirement prior to the first renewal
12732 following initial licensure shall be considered null and void.
12733 If the licensee wishes to operate as a sales associate, she or
12734 he may be issued a sales associate's license after providing
12735 proof that she or he has satisfactorily completed the 14-hour
12736 continuing education course within the 6 months following
12737 expiration of her or his broker's license. To operate as a
12738 broker, the licensee must requalify by satisfactorily completing
12739 the broker's prelicensure course and passing the state
12740 examination for licensure as a broker.
12741 (5)(a) The commission may allow an additional 6-month
12742 period after the first renewal following initial licensure for
12743 completing the postlicensure education courses for sales
12744 associates and brokers who cannot, due to individual physical
12745 hardship, as defined by rule, complete the courses within the
12746 required time.
12747 (b) Except as provided in subsection (4), sales associates
12748 and brokers are not required to meet the 14-hour continuing
12749 education requirement prior to the first renewal following
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12750 initial licensure.
12751 (c)1. A distance learning course or courses shall be
12752 approved by the commission as an option to classroom hours as
12753 satisfactory completion of the postlicensure education course or
12754 courses as required by this section. The schools or sponsors
12755 authorized by this section have the option of providing
12756 classroom courses, distance learning courses, or both. However,
12757 satisfactory completion of a distance learning postlicensure
12758 education course or courses requires the satisfactory completion
12759 of a timed distance learning course examination. Such
12760 examination shall not be required to be monitored or given at a
12761 centralized location.
12762 2. The commission shall provide for postlicensure
12763 education courses to be made available by correspondence or
12764 other suitable means to any person who, by reason of hardship,
12765 as defined by rule, cannot attend the place or places where
12766 courses are regularly conducted or does not have access to the
12767 distance learning courses.
12768 (3)(6) The postlicensure education requirements of this
12769 section, and The education course requirements for one to become
12770 initially licensed, do not apply to any applicant or licensee
12771 who has received a 4-year degree, or higher, in real estate from
12772 an accredited institution of higher education.
12773 (4)(7) The department commission may not approve
12774 prelicensure or postlicensure distance learning courses for
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12775 brokers, broker associates, and sales associates by
12776 correspondence methods, except in instances of hardship pursuant
12777 to subparagraphs (2)(a)3. and (5)(c)2.
12778 Section 353. Subsection (2) of section 475.175, Florida
12779 Statutes, is amended to read:
12780 475.175 Examinations.—
12781 (2) Each accredited college, university, community
12782 college, or registered real estate school shall notify the
12783 department commission of the names of all persons who have
12784 satisfactorily completed the educational requirements provided
12785 for in s. 475.17(2), (3), and (4) in a manner prescribed by the
12786 department commission. Furthermore, each such educational
12787 institution shall provide to each person satisfactorily
12788 completing the educational requirements provided for in s.
12789 475.17(2), (3), and (4) a certificate as proof of such
12790 satisfactory completion.
12791 Section 354. Subsection (1) of section 475.180, Florida
12792 Statutes, is amended to read:
12793 475.180 Nonresident licenses.—
12794 (1) Notwithstanding the prelicensure requirements set
12795 forth under ss. 475.17(2) and (3) (6) and 475.175, the
12796 department commission in its discretion may enter into written
12797 agreements with similar licensing authorities of other states,
12798 territories, or jurisdictions of the United States or foreign
12799 national jurisdictions to ensure for Florida licensees
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12800 nonresident licensure opportunities comparable to those afforded
12801 to nonresidents by this section. Whenever the department
12802 commission determines that another jurisdiction does not offer
12803 nonresident licensure to Florida licensees substantially
12804 comparable to those afforded to licensees of that jurisdiction
12805 by this section, the department commission shall require
12806 licensees of that jurisdiction who apply for nonresident
12807 licensure to meet education, experience, and examination
12808 requirements substantially comparable to those required by that
12809 jurisdiction with respect to Florida licensees who seek
12810 nonresident licensure, not to exceed such requirements as
12811 prescribed in ss. 475.17(2) and (3) (6) and 475.175.
12812 Section 355. Subsection (1) of section 475.182, Florida
12813 Statutes, is amended to read:
12814 475.182 Renewal of license; continuing education.—
12815 (1)(a) The department shall renew a license upon receipt
12816 of the renewal application and fee. The renewal application for
12817 an active license as broker, broker associate, or sales
12818 associate shall include proof satisfactory to the commission
12819 that the licensee has, since the issuance or renewal of her or
12820 his current license, satisfactorily completed at least 14
12821 classroom hours of 50 minutes each of a continuing education
12822 course during each biennium of a license period, as prescribed
12823 by the commission. Approval or denial of a specialty course must
12824 be based on the extent to which the course content focuses on
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12825 real estate issues relevant to the modern practice of real
12826 estate by a real estate licensee, including technology used in
12827 the real estate industry. The commission may accept as a
12828 substitute for such continuing education course, on a classroom-
12829 hour-for-classroom-hour basis, any satisfactorily completed
12830 education course that the commission finds is adequate to
12831 educate licensees within the intent of this section, including
12832 an approved distance learning course. However, the commission
12833 may not require, for the purpose of satisfactorily completing an
12834 approved correspondence or distance learning course, a written
12835 examination that is to be taken at a centralized location and is
12836 to be monitored.
12837 (b) The commission may accept as a substitute for 3
12838 classroom hours, one time per renewal cycle, attendance at one
12839 legal agenda session of the commission. In order to obtain
12840 credit, the licensee must notify the division at least 7 days in
12841 advance of his or her intent to attend. A licensee may not earn
12842 any continuing education credit for attending a legal agenda
12843 session of the commission as a party to a disciplinary action.
12844 Section 356. Subsections (1), (2), and (4) of section
12845 475.183, Florida Statutes, are amended to read:
12846 475.183 Inactive status.—
12847 (1) A license which has become voluntarily inactive may be
12848 renewed pursuant to s. 475.182 upon application to the
12849 department. The commission shall prescribe by rule continuing
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12850 education requirements, not to exceed 12 classroom hours for
12851 each year the license was inactive, as a condition of renewing a
12852 voluntarily inactive license. The commission shall substitute
12853 for such continuing education requirements, on a classroom-hour-
12854 for-classroom-hour basis, any satisfactorily completed education
12855 course approved in the manner specified in s. 475.182(1). A
12856 person whose license is voluntarily inactive and who renews the
12857 license may elect to continue her or his voluntarily inactive
12858 status.
12859 (2)(a) A licensee may reactivate a license that has been
12860 involuntarily inactive for 12 months or less by satisfactorily
12861 completing at least 14 hours of a commission-prescribed
12862 continuing education course. Notwithstanding the provisions of
12863 s. 455.271, a licensee may reactivate a license that has been
12864 involuntarily inactive for more than 12 months but fewer than 24
12865 months by satisfactorily completing 28 hours of a commission-
12866 prescribed education course.
12867 (b) Any license that has been involuntarily inactive for
12868 more than 2 years shall automatically expire. Once a license
12869 expires, it becomes null and void without any further action by
12870 the commission or department. Ninety days prior to expiration of
12871 the license, the department shall give notice to the licensee.
12872 The department commission shall prescribe by rule a fee not to
12873 exceed $100 for the late renewal of an involuntarily inactive
12874 license. The department shall collect the current renewal fee
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12875 for each renewal period in which the license was involuntarily
12876 inactive in addition to any applicable late renewal fee.
12877 (4) The department commission may reinstate the license of
12878 an individual whose license has become void if the department
12879 commission determines that the individual failed to comply
12880 because of illness or economic hardship, as defined by rule. The
12881 individual must apply to the department commission for
12882 reinstatement within 6 months after the date that the license
12883 becomes void. Such individual must meet all continuing education
12884 requirements prescribed by law, pay appropriate licensing fees,
12885 and otherwise be eligible for renewal of licensure under this
12886 section.
12887 Section 357. Subsections (1), (2), and (4) of section
12888 481.321, Florida Statutes, are amended to read:
12889 481.321 Seals; display of certificate number.—
12890 (1) The department board shall prescribe, by rule, one or
12891 more forms of seals for use by a registered landscape architect
12892 who holds a valid certificate of registration. Each registered
12893 landscape architect shall obtain one seal in a form approved by
12894 rule of the department board and may, in addition, register her
12895 or his seal electronically in accordance with ss. 668.001-
12896 668.006. All final plans, specifications, or reports prepared or
12897 issued by the registered landscape architect and filed for
12898 public record shall be signed by the registered landscape
12899 architect, dated, and stamped or sealed electronically with her
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12900 or his seal. The signature, date, and seal constitute evidence
12901 of the authenticity of that to which they are affixed. Final
12902 plans, specifications, or reports prepared or issued by a
12903 registered landscape architect may be transmitted electronically
12904 and may be signed by the registered landscape architect, dated,
12905 and sealed electronically with the seal in accordance with ss.
12906 668.001-668.006.
12907 (2) It is unlawful for any person to sign and seal by any
12908 means any final plan, specification, or report after her or his
12909 certificate of registration is expired, suspended, or revoked. A
12910 registered landscape architect whose certificate of registration
12911 is suspended or revoked shall, within 30 days after the
12912 effective date of the suspension or revocation, surrender her or
12913 his seal to the department executive director of the board and
12914 confirm in writing to the department executive director the
12915 cancellation of the landscape architect's electronic signature
12916 in accordance with ss. 668.001-668.006. When a landscape
12917 architect's certificate of registration is suspended for a
12918 period of time, her or his seal shall be returned upon
12919 expiration of the period of suspension.
12920 (4) Nothing in this part shall prohibit a registered
12921 landscape architect from filing plans of work defined under this
12922 part. A state agency or local government may not refuse to
12923 accept the seal of a landscape architect for any of the
12924 professional services delineated in s. 481.303(4), including,
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12925 but not limited to, grading and drainage.
12926 Section 358. Section 624.341, Florida Statutes, is created
12927 to read:
12928 624.341 Authority of Department of Law Enforcement to
12929 accept fingerprints of, and exchange criminal history records
12930 with respect to, certain persons applying to the Office of
12931 Insurance Regulation.—
12932 (1) The Legislature finds that criminal activity of
12933 insurers poses a particular danger to the residents of this
12934 state. Floridians rely, in good faith, on the honest conduct of
12935 those who issue and manage insurance policies and other
12936 insurance instruments in this state. To safeguard this state's
12937 residents, the Legislature finds it necessary to ensure that
12938 incorporators, subscribers, officers, employees, contractors,
12939 stockholders, directors, owners, members, managers, or
12940 volunteers, or any other persons in the organization, operation,
12941 or management of any insurer that is authorized to sell
12942 insurance do not have a criminal background.
12943 (2) The Department of Law Enforcement shall accept and
12944 process fingerprints of incorporators, subscribers, officers,
12945 employees, contractors, stockholders, directors, owners,
12946 members, managers, or volunteers involved in the organization,
12947 operation, or management of:
12948 (a) Any insurer or proposed insurer transacting or
12949 proposing to transact insurance in this state.
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12950 (b) Any entity that is eligible to be examined or
12951 investigated under s. 624.316.
12952 (3) Each person required to submit fingerprints to the
12953 office, must provide a full set of fingerprints to the office or
12954 to a vendor, an entity, or an agency authorized by s.
12955 943.053(13). The office, vendor, entity, or agency shall forward
12956 the fingerprints to the Department of Law Enforcement for state
12957 processing, and the Department of Law Enforcement shall forward
12958 the fingerprints to the Federal Bureau of Investigation for
12959 national processing as described in s. 624.34. Fees for state
12960 and federal fingerprint processing must be borne by the person
12961 submitting the fingerprints. The state cost for fingerprint
12962 processing is as provided in s. 943.053(3)(e).
12963 (4) The Department of Law Enforcement may, to the extent
12964 provided by federal law, exchange any state or national criminal
12965 history records with the office for the purpose of issuance or
12966 continuation of a certificate of authority, certification, or
12967 license to operate in this state.
12968 (5) Fingerprints must be submitted in accordance with
12969 rules adopted by the commission.
12970 (a) Fingerprints may be submitted through a third-party
12971 vendor authorized by the Department of Law Enforcement.
12972 (b) The Department of Law Enforcement shall conduct the
12973 state criminal history background check, and a federal criminal
12974 history background check shall be conducted through the Federal
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12975 Bureau of Investigation.
12976 (c) All fingerprints submitted to the Department of Law
12977 Enforcement must be submitted and entered into the statewide
12978 automated fingerprint identification system established in s.
12979 943.05(2)(b) and available for use in accordance with s.
12980 943.05(2)(g) and (h).
12981 (d) The costs of fingerprint processing, including the
12982 cost of retaining the fingerprints, must be borne by the person
12983 subject to the background checks.
12984 (e) The office shall review the results of the state and
12985 federal criminal history background checks and determine whether
12986 the applicant meets the requirements for the certificate of
12987 authority, certification, or license to operate in this state.
12988 (6) Statewide criminal records obtained through the
12989 Department of Law Enforcement, federal criminal records obtained
12990 through the Federal Bureau of Investigation, and local criminal
12991 records obtained through local law enforcement agencies must be
12992 used by the office for the purpose of issuance, denial,
12993 suspension, or revocation of certificates of authority,
12994 certifications, or licenses issued to operate in this state.
12995 Section 359. Section 475.613, Florida Statutes, is amended
12996 to read:
12997 475.613 Authority of the department Florida Real Estate
12998 Appraisal Board.—
12999 (1) There is created the Florida Real Estate Appraisal
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13000 Board, which shall consist of nine members appointed by the
13001 Governor, subject to confirmation by the Senate. Four members of
13002 the board must be real estate appraisers who have been engaged
13003 in the general practice of appraising real property in this
13004 state for at least 5 years immediately preceding appointment. In
13005 appointing real estate appraisers to the board, while not
13006 excluding other appraisers, the Governor shall give preference
13007 to real estate appraisers who are not primarily engaged in real
13008 estate brokerage or mortgage lending activities. One member of
13009 the board must represent the appraisal management industry. One
13010 member of the board must represent organizations that use
13011 appraisals for the purpose of eminent domain proceedings,
13012 financial transactions, or mortgage insurance. Three members of
13013 the board must represent the general public and may not be
13014 connected in any way with the practice of real estate appraisal.
13015 The appraiser members shall be as representative of the entire
13016 industry as possible, and membership in a nationally recognized
13017 or state-recognized appraisal organization may not be a
13018 prerequisite to membership on the board. To the extent possible,
13019 no more than two members of the board shall be primarily
13020 affiliated with any one particular national or state appraisal
13021 association. Two of the members must be licensed or certified
13022 residential real estate appraisers and two of the members must
13023 be certified general real estate appraisers at the time of their
13024 appointment.
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13025 (a) Members of the board shall be appointed for 4-year
13026 terms. Any vacancy occurring in the membership of the board
13027 shall be filled by appointment by the Governor for the unexpired
13028 term. Upon expiration of her or his term, a member of the board
13029 shall continue to hold office until the appointment and
13030 qualification of the member's successor. A member may not be
13031 appointed for more than two consecutive terms. The Governor may
13032 remove any member for cause.
13033 (b) The headquarters for the board shall be in Orlando.
13034 (c) The board shall meet at least once each calendar
13035 quarter to conduct its business.
13036 (d) The members of the board shall elect a chairperson at
13037 the first meeting each year.
13038 (e) Each member of the board is entitled to per diem and
13039 travel expenses as set by legislative appropriation for each day
13040 that the member engages in the business of the board.
13041 (2) The department board shall have, through its rules,
13042 full power to regulate the issuance of licenses, certifications,
13043 registrations, and permits; to discipline appraisers in any
13044 manner permitted under this section; to establish qualifications
13045 for licenses, certifications, registrations, and permits
13046 consistent with this section; to regulate approved courses; to
13047 establish standards for real estate appraisals; and to establish
13048 standards for and regulate supervisory appraisers.
13049 (3) Notwithstanding s. 112.313, any member of the board
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13050 who is a licensed or certified real estate appraiser and who
13051 holds an active appraiser instructor permit issued by the
13052 department, to the extent authorized pursuant to such permit,
13053 may offer, conduct, or teach any course prescribed or approved
13054 by the board or the department.
13055 Section 360. Paragraph (t) of subsection (1) of section
13056 475.25, Florida Statutes, is amended to read:
13057 475.25 Discipline.—
13058 (1) The commission may deny an application for licensure,
13059 registration, or permit, or renewal thereof; may place a
13060 licensee, registrant, or permittee on probation; may suspend a
13061 license, registration, or permit for a period not exceeding 10
13062 years; may revoke a license, registration, or permit; may impose
13063 an administrative fine not to exceed $5,000 for each count or
13064 separate offense; and may issue a reprimand, and any or all of
13065 the foregoing, if it finds that the licensee, registrant,
13066 permittee, or applicant:
13067 (t) Has violated any standard of professional practice
13068 adopted by rule of the department Florida Real Estate Appraisal
13069 Board, including standards for the development or communication
13070 of a real estate appraisal, as approved and adopted by the
13071 Appraisal Standards Board of the Appraisal Foundation, as
13072 defined in s. 475.611. This paragraph does not apply to a real
13073 estate broker or sales associate who, in the ordinary course of
13074 business, performs a comparative market analysis, gives a broker
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13075 price opinion, or gives an opinion of value of real estate.
13076 However, in no event may this comparative market analysis,
13077 broker price opinion, or opinion of value of real estate be
13078 referred to as an appraisal, as defined in s. 475.611.
13079 Section 361. Paragraphs (j), (p), (q), (z), and (aa) of
13080 subsection (1) and subsection (2) of section 475.611, Florida
13081 Statutes, are amended to read:
13082 475.611 Definitions.—
13083 (1) As used in this part, the term:
13084 (j) "Board" means the Florida Real Estate Appraisal Board
13085 established under s. 475.613.
13086 (p) "Direct supervision" means the degree of supervision
13087 required of a supervisory appraiser overseeing the work of a
13088 registered trainee appraiser by which the supervisory appraiser
13089 has control over and detailed professional knowledge of the work
13090 being done. Direct supervision is achieved when a registered
13091 trainee appraiser has regular direction, guidance, and support
13092 from a supervisory appraiser who has the competencies as
13093 determined by rule of the department board.
13094 (q) "Evaluation" means a valuation permitted by any
13095 federal financial institutions regulatory agency appraisal
13096 regulations for transactions that do not require an appraisal,
13097 as such valuations qualify for an applicable exemption under
13098 federal law. The department board shall adopt rules, as
13099 necessary, to define the term "evaluation" and the applicable
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13100 exemptions under federal law.
13101 (z) "Supervisory appraiser" means a certified residential
13102 appraiser or a certified general appraiser responsible for the
13103 direct supervision of one or more registered trainee appraisers
13104 and fully responsible for appraisals and appraisal reports
13105 prepared by those registered trainee appraisers. The department
13106 board, by rule, shall determine the responsibilities of a
13107 supervisory appraiser, the geographic proximity required, the
13108 minimum qualifications and standards required of a certified
13109 appraiser before she or he may act in the capacity of a
13110 supervisory appraiser, and the maximum number of registered
13111 trainee appraisers to be supervised by an individual supervisory
13112 appraiser.
13113 (aa) "Training" means the process of providing for and
13114 making available to a registered trainee appraiser, under direct
13115 supervision, a planned, prepared, and coordinated program, or
13116 routine of instruction and education, in appraisal professional
13117 and technical appraisal skills as determined by rule of the
13118 department board.
13119 (2) Wherever the word "operate" or "operating" appears in
13120 this part with respect to a registered trainee appraiser,
13121 registered appraisal management company, licensed appraiser, or
13122 certified appraiser; in any order, rule, or regulation of the
13123 department board; in any pleading, indictment, or information
13124 under this part; in any court action or proceeding; or in any
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13125 order or judgment of a court, it shall be deemed to mean the
13126 commission of one or more acts described in this part as
13127 constituting or defining a registered trainee appraiser,
13128 registered appraisal management company, licensed appraiser, or
13129 certified appraiser, not including, however, any of the
13130 exceptions stated therein. A single act is sufficient to bring a
13131 person within the meaning of this subsection, and each act, if
13132 prohibited herein, constitutes a separate offense.
13133 Section 362. Subsection (7) of section 475.612, Florida
13134 Statutes, is amended to read:
13135 475.612 Certification, licensure, or registration
13136 required.—
13137 (7) Notwithstanding any other provision of law, an
13138 appraiser may perform an evaluation of real property in
13139 connection with a real estate-related financial transaction, as
13140 defined by rule of the department board, which is regulated by a
13141 federal financial institutions regulatory agency. The appraiser
13142 shall comply with the standards for evaluations imposed by the
13143 federal financial institutions regulatory agency and other
13144 standards as prescribed by the department board. However, an
13145 evaluation may not be referred to or construed as an appraisal.
13146 Section 363. Section 475.614, Florida Statutes, is amended
13147 to read:
13148 475.614 Power of department board to adopt rules and
13149 decide questions of practice; requirements for protection of
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13150 appraiser's signature.—
13151 (1) The department board has authority to adopt rules
13152 pursuant to ss. 120.536(1) and 120.54 to implement provisions of
13153 law conferring duties upon it. The board may decide questions of
13154 practice arising in the proceedings before it, having regard to
13155 this section and the rules then in force.
13156 (2) The department board shall adopt rules specifying the
13157 means by which an appraiser's signature may be affixed to an
13158 appraisal report or other work performed by the appraiser. The
13159 rules shall include requirements for protecting the security of
13160 an appraiser's signature and prohibiting practices that may
13161 discredit the use of an appraiser's signature to authenticate
13162 the work performed by the appraiser.
13163 Section 364. Section 475.6145, Florida Statutes, is
13164 amended to read:
13165 475.6145 Seal.—The department board shall adopt a seal by
13166 which it shall authenticate its proceedings, records, and acts.
13167 Copies of the proceedings, records, and acts of the board, and
13168 certificates purporting to relate the facts concerning such
13169 proceedings, records, and acts, which are signed by the board
13170 chair, the custodian of such records, or any other person
13171 authorized to make such certification and which are
13172 authenticated by such seal, shall be prima facie evidence of
13173 such proceedings, records, and acts in all courts of this state.
13174 Section 365. Section 475.6147, Florida Statutes, is
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13175 amended to read:
13176 475.6147 Fees.—
13177 (1)(a) The department board by rule may establish fees to
13178 be paid for application, licensing and renewal, certification
13179 and recertification, registration and reregistration,
13180 reinstatement, and recordmaking and recordkeeping.
13181 (b) The fee for initial application of an appraiser may
13182 not exceed $150, and the combined cost of the application and
13183 examination may not exceed $300. The initial certification,
13184 registration, or license fee and the certification,
13185 registration, or license renewal fee may not exceed $150 for
13186 each year of the duration of the certification, registration, or
13187 license.
13188 (c) The fee for initial application of an appraisal
13189 management company may not exceed $150. The initial registration
13190 and registration renewal fee may not exceed $150 for each year
13191 of the duration of the registration.
13192 (d) The department board may also establish by rule a late
13193 renewal penalty.
13194 (e) The department board shall establish fees which are
13195 adequate to ensure its continued operation. Fees shall be based
13196 on estimates made by the department of the revenue required to
13197 implement this part and other provisions of law relating to the
13198 regulation of real estate appraisers.
13199 (2) Application and certification, registration, and
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13200 license fees shall be refunded upon a determination by the
13201 department board that the state is not entitled to the fees or
13202 that only a portion of the resources have been expended in the
13203 processing of the application or shall be refunded if for any
13204 other reason the application is not completely processed. The
13205 board shall implement this subsection by rule.
13206 Section 366. Section 475.615, Florida Statutes, is amended
13207 to read:
13208 475.615 Qualifications for registration or certification.—
13209 (1) Any person desiring to act as a registered trainee
13210 appraiser or as a certified appraiser must make application in
13211 writing to the department in such form and detail as the
13212 department board shall prescribe. Each applicant must be at
13213 least 18 years of age and hold a high school diploma or its
13214 equivalent.
13215 (2) The department board is authorized to waive or modify
13216 any education, experience, or examination requirements
13217 established in this part in order to conform with any such
13218 requirements established by the Appraiser Qualifications Board
13219 of the Appraisal Foundation or any successor body recognized by
13220 federal law, including any requirements adopted on December 9,
13221 2011. The department board shall implement this section by rule.
13222 (3) Appropriate fees, as set forth in the rules of the
13223 department board pursuant to s. 475.6147, and a set of
13224 fingerprints must accompany all applications for registration or
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13225 certification. The fingerprints shall be forwarded to the
13226 Division of Criminal Justice Information Systems within the
13227 Department of Law Enforcement for processing to determine
13228 whether the applicant has a criminal history record. The
13229 fingerprints shall also be forwarded to the Federal Bureau of
13230 Investigation to determine whether the applicant has a criminal
13231 history record. The information obtained by the processing of
13232 the fingerprints by the Department of Law Enforcement and the
13233 Federal Bureau of Investigation shall be sent to the department
13234 to determine whether the applicant is statutorily qualified for
13235 registration or certification.
13236 (4) In the event that the applicant is currently a
13237 registered trainee appraiser or a licensed or certified
13238 appraiser and is making application to obtain a different status
13239 of appraisal credential, should such application be received by
13240 the department within 180 days prior to through 180 days after
13241 the applicant's scheduled renewal, the charge for the
13242 application shall be established by the rules of the department
13243 board pursuant to s. 475.6147.
13244 (5) At the time of filing an application for registration
13245 or certification, the applicant must sign a pledge indicating
13246 that upon becoming registered or certified, she or he will
13247 comply with the standards of professional practice established
13248 by rule of the department board, including standards for the
13249 development or communication of a real estate appraisal, and
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13250 must indicate in writing that she or he understands the types of
13251 misconduct for which disciplinary proceedings may be initiated.
13252 The application expires 1 year after the date received by the
13253 department.
13254 (6) All applicants must be competent and qualified to make
13255 real estate appraisals with safety to those with whom they may
13256 undertake a relationship of trust and confidence and the general
13257 public. If any applicant has been denied registration,
13258 licensure, or certification, or has been disbarred, or the
13259 applicant's registration, license, or certificate to practice or
13260 conduct any regulated profession, business, or vocation has been
13261 revoked or suspended by this or any other state, any nation, or
13262 any possession or district of the United States, or any court or
13263 lawful agency thereof, because of any conduct or practices which
13264 would have warranted a like result under this part, or if the
13265 applicant has been guilty of conduct or practices in this state
13266 or elsewhere which would have been grounds for disciplining her
13267 or his registration, license, or certification under this part
13268 had the applicant then been a registered trainee appraiser or a
13269 licensed or certified appraiser, the applicant is deemed not to
13270 be qualified unless the applicant has met the conditions adopted
13271 by the Appraiser Qualifications Board of the Appraisal
13272 Foundation on December 9, 2011, as prescribed by rule of the
13273 department board and it appears to the department board that the
13274 interest of the public is not likely to be endangered by the
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13275 granting of registration or certification.
13276 (7) No applicant seeking to become registered or certified
13277 under this part may be rejected solely by virtue of membership
13278 or lack of membership in any particular appraisal organization.
13279 Section 367. Section 475.617, Florida Statutes, is amended
13280 to read:
13281 475.617 Education and experience requirements.—
13282 (1) To be registered as a trainee appraiser, an applicant
13283 must present evidence satisfactory to the department board that
13284 she or he has successfully completed at least 100 hours of
13285 approved qualifying education courses in subjects related to
13286 real estate appraisal, which must include coverage of the
13287 Uniform Standards of Professional Appraisal Practice, or its
13288 equivalent, as established by rule of the department board, from
13289 a nationally recognized or state-recognized appraisal
13290 organization, career center, accredited community college,
13291 college, or university, state or federal agency or commission,
13292 or proprietary real estate school that holds a permit pursuant
13293 to s. 475.451. The department board may increase the required
13294 number of hours to not more than 125 hours. All qualifying
13295 education courses may be completed through in-person classroom
13296 instruction or distance learning. A classroom hour is defined as
13297 50 minutes out of each 60-minute segment. Past courses may be
13298 approved on an hour-for-hour basis.
13299 (2) To be certified as a residential appraiser, an
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13300 applicant must present satisfactory evidence to the department
13301 board that she or he has met the minimum education and
13302 experience requirements prescribed by rule of the department
13303 board. The department board shall prescribe by rule education
13304 and experience requirements that meet or exceed the following
13305 real property appraiser qualification criteria adopted on
13306 December 9, 2011, by the Appraiser Qualifications Board of the
13307 Appraisal Foundation:
13308 (a) Has at least 2,500 hours of experience obtained over a
13309 24-month period in real property appraisal as defined by rule.
13310 (b) Has successfully completed at least 200 classroom
13311 hours, inclusive of examination, of approved qualifying
13312 education courses in subjects related to real estate appraisal,
13313 which must include a 15-hour National Uniform Standards of
13314 Professional Appraisal Practice course, or its equivalent, as
13315 established by rule of the department board, from a nationally
13316 recognized or state-recognized appraisal organization, career
13317 center, accredited community college, college, or university,
13318 state or federal agency or commission, or proprietary real
13319 estate school that holds a permit pursuant to s. 475.451. All
13320 qualifying education courses may be completed through in-person
13321 classroom instruction or distance learning. A classroom hour is
13322 defined as 50 minutes out of each 60-minute segment. Past
13323 courses may be approved by the department board and substituted
13324 on an hour-for-hour basis.
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13325 (3) To be certified as a general appraiser, an applicant
13326 must present evidence satisfactory to the department board that
13327 she or he has met the minimum education and experience
13328 requirements prescribed by rule of the department board. The
13329 department board shall prescribe education and experience
13330 requirements that meet or exceed the following real property
13331 appraiser qualification criteria adopted on December 9, 2011, by
13332 the Appraiser Qualifications Board of the Appraisal Foundation:
13333 (a) Has at least 3,000 hours of experience obtained over a
13334 30-month period in real property appraisal as defined by rule.
13335 (b) Has successfully completed at least 300 classroom
13336 hours, inclusive of examination, of approved qualifying
13337 education courses in subjects related to real estate appraisal,
13338 which must include a 15-hour National Uniform Standards of
13339 Professional Appraisal Practice course, or its equivalent, as
13340 established by rule of the department board, from a nationally
13341 recognized or state-recognized appraisal organization, career
13342 center, accredited community college, college, or university,
13343 state or federal agency or commission, or proprietary real
13344 estate school that holds a permit pursuant to s. 475.451. All
13345 qualifying education courses may be completed through in-person
13346 classroom instruction or distance learning. A classroom hour is
13347 defined as 50 minutes out of each 60-minute segment. Past
13348 courses may be approved by the department board and substituted
13349 on an hour-for-hour basis.
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13350 (4) A distance learning course may be approved by the
13351 department board as an option to classroom hours for
13352 satisfactory completion of the academic courses required under
13353 this section. The schools authorized by this section have the
13354 option of providing classroom courses, distance learning
13355 courses, or both.
13356 (a) A distance learning course must use a delivery method
13357 that is certified or approved by a department-authorized board-
13358 authorized independent certifying organization.
13359 (b) A distance learning course intended for use as
13360 academic education must include a written, closed-book final
13361 examination. As used in this paragraph, the term "written"
13362 refers to an exam that might be written on paper or administered
13363 electronically on a computer workstation or other device. Oral
13364 exams are not acceptable.
13365 (5) Each applicant must furnish, under oath, a detailed
13366 statement of the experience for each year of experience she or
13367 he claims. Upon request, the applicant shall furnish to the
13368 department board, for its examination, copies of appraisal
13369 reports or file memoranda to support the claim for experience.
13370 Any appraisal report or file memoranda used to support a claim
13371 for experience must be maintained by the applicant for no less
13372 than 5 years after the date of certification.
13373 (6) The department board may implement the provisions of
13374 this section by rule.
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13375 Section 368. Section 475.6171, Florida Statutes, is
13376 amended to read:
13377 475.6171 Issuance of registration or certification.—The
13378 registration or certification of an applicant may be issued upon
13379 receipt by the department board of the following:
13380 (1) A complete application indicating compliance with
13381 qualifications as specified in s. 475.615.
13382 (2) Proof of successful course completion as specified in
13383 s. 475.617.
13384 (3) Proof of experience for certification as specified in
13385 s. 475.617.
13386 (4) If required, proof of passing a written examination as
13387 specified in s. 475.616.
13388 (5) The department board shall implement this section by
13389 rule.
13390 Section 369. Subsection (1) of section 475.618, Florida
13391 Statutes, is amended to read:
13392 475.618 Renewal of registration, license, certification,
13393 or instructor permit; continuing education.—
13394 (1)(a) The department shall renew a registration, license,
13395 certification, or instructor permit upon receipt of the renewal
13396 application and proper fee. Such application shall include proof
13397 satisfactory to the department board that the individual has
13398 satisfactorily completed any continuing education that has been
13399 prescribed by the department board.
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13400 (b) A distance learning course or courses shall be
13401 approved by the department board as an option to classroom hours
13402 as satisfactory completion of the course or courses as required
13403 by this section. The schools authorized by this section have the
13404 option of providing classroom courses, distance learning
13405 courses, or both.
13406 (c) The department board may authorize independent
13407 certification organizations to certify or approve the delivery
13408 method of distance learning courses. Certification from such
13409 authorized organizations must be provided at the time a distance
13410 learning course is submitted to the department board by an
13411 accredited college, university, community college, career
13412 center, proprietary real estate school, or department-approved
13413 board-approved sponsor for content approval.
13414 Section 370. Section 475.619, Florida Statutes, is amended
13415 to read:
13416 475.619 Inactive status.—
13417 (1) A registration, license, or certification which has
13418 become inactive may be renewed upon application to the
13419 department. The department board shall prescribe by rule
13420 continuing education requirements for each year the
13421 registration, license, or certification was inactive, as a
13422 condition of renewing an inactive registration, license, or
13423 certification.
13424 (2) Any registration, license, or certification which has
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13425 been inactive for more than 4 years shall automatically expire.
13426 Once a registration, license, or certification expires, it
13427 becomes null and void without any further action by the
13428 department board or department. Two years prior to the
13429 expiration of the registration, license, or certification, the
13430 department shall give notice by mail to the registered trainee,
13431 licensee, or certificateholder at her or his last known address.
13432 The department board shall prescribe by rule a fee not to exceed
13433 $100 for the late renewal of an inactive registration, license,
13434 or certification. The department shall collect the current
13435 renewal fee for each renewal period in which the registration,
13436 license, or certification was inactive, in addition to any
13437 applicable late renewal fee.
13438 (3) The department board shall adopt rules relating to
13439 inactive registrations, licenses, and certifications and for the
13440 renewal of such registrations, licenses, and certifications.
13441 Section 371. Subsections (2) and (3) of section 475.621,
13442 Florida Statutes, are amended to read:
13443 475.621 Registry of licensed and certified appraisers;
13444 registry of appraisal management companies.—
13445 (2) The department shall collect from such individuals who
13446 perform or seek to perform appraisals in federally related
13447 transactions an annual fee as set by rule of, and transmitted
13448 to, the appraisal subcommittee. The department shall collect
13449 from such appraisal management companies that perform or seek to
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13450 perform appraisal management services in covered transactions an
13451 annual fee set by rule of the department board and transmitted
13452 to the appraisal subcommittee.
13453 (3) Notwithstanding the prohibition against requiring
13454 registration of a federally regulated appraisal management
13455 company as provided in s. 475.6235(8)(b), the department board
13456 shall establish a procedure to collect from a federally
13457 regulated appraisal management company an annual fee as set by
13458 rule of the department board and transmitted to the appraisal
13459 subcommittee.
13460 Section 372. Section 475.6222, Florida Statutes, is
13461 amended to read:
13462 475.6222 Supervision and training of registered trainee
13463 appraisers.—The primary or secondary supervisory appraiser of a
13464 registered trainee appraiser shall provide direct supervision
13465 and training to the registered trainee appraiser. The role and
13466 responsibility of the supervisory appraiser is determined by
13467 rule of the department board.
13468 Section 373. Subsections (3) and (4) of section 475.6235,
13469 Florida Statutes, are amended to read:
13470 475.6235 Registration of appraisal management companies
13471 required; exemptions.—
13472 (3) Appropriate fees, as set forth in the rules of the
13473 department board pursuant to s. 475.6147, and a complete set of
13474 fingerprints for each person listed in paragraph (2)(f) must
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13475 accompany all applications for registration. The fingerprints
13476 shall be forwarded to the Division of Criminal Justice
13477 Information Systems within the Department of Law Enforcement for
13478 purposes of processing the fingerprints to determine whether the
13479 person has a criminal history record. The fingerprints shall
13480 also be forwarded to the Federal Bureau of Investigation for
13481 purposes of processing the fingerprints to determine whether the
13482 person has a criminal history record. The information obtained
13483 by the processing of fingerprints by the Department of Law
13484 Enforcement and the Federal Bureau of Investigation shall be
13485 sent to the department for the purpose of determining whether
13486 the appraisal management company is statutorily qualified for
13487 registration.
13488 (4) At the time of filing an application for registration
13489 of an appraisal management company, each person listed in
13490 paragraph (2)(f) must sign a pledge to comply with applicable
13491 standards of professional practice established by rule of the
13492 department board, including standards for the development or
13493 communication of a real estate appraisal, and must indicate in
13494 writing that she or he understands the types of misconduct for
13495 which disciplinary proceedings may be initiated. The application
13496 expires 1 year after the date received.
13497 Section 374. Section 475.624, Florida Statutes, is amended
13498 to read:
13499 475.624 Discipline of appraisers.—The department board may
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13500 deny an application for registration or certification of an
13501 appraiser; may investigate the actions of any appraiser
13502 registered, licensed, or certified under this part; may
13503 reprimand or impose an administrative fine not to exceed $5,000
13504 for each count or separate offense against any such appraiser;
13505 and may revoke or suspend, for a period not to exceed 10 years,
13506 the registration, license, or certification of any such
13507 appraiser, or place any such appraiser on probation, if the
13508 department board finds that the registered trainee, licensee, or
13509 certificateholder:
13510 (1) Has violated any provision of this part or s.
13511 455.227(1); however, any appraiser registered, licensed, or
13512 certified under this part is exempt from s. 455.227(1)(i).
13513 (2) Has been guilty of fraud, misrepresentation,
13514 concealment, false promises, false pretenses, dishonest conduct,
13515 culpable negligence, or breach of trust in any business
13516 transaction in this state or any other state, nation, or
13517 territory; has violated a duty imposed upon her or him by law or
13518 by the terms of a contract, whether written, oral, express, or
13519 implied, in an appraisal assignment; has aided, assisted, or
13520 conspired with any other person engaged in any such misconduct
13521 and in furtherance thereof; or has formed an intent, design, or
13522 scheme to engage in such misconduct and committed an overt act
13523 in furtherance of such intent, design, or scheme. It is
13524 immaterial to the guilt of the registered trainee appraiser or
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13525 licensed or certified appraiser that the victim or intended
13526 victim of the misconduct has sustained no damage or loss; that
13527 the damage or loss has been settled and paid after discovery of
13528 the misconduct; or that such victim or intended victim was a
13529 customer or a person in confidential relation with the
13530 registered trainee appraiser or licensed or certified appraiser,
13531 or was an identified member of the general public.
13532 (3) Has advertised services in a manner that is
13533 fraudulent, false, deceptive, or misleading in form or content.
13534 (4) Has violated any provision of this part or any lawful
13535 order or rule issued under this part or chapter 455.
13536 (5) Has been convicted or found guilty of, or entered a
13537 plea of nolo contendere to, regardless of adjudication, a crime
13538 in any jurisdiction that directly relates to the activities of a
13539 registered trainee appraiser or licensed or certified appraiser
13540 or that involves moral turpitude or fraudulent or dishonest
13541 conduct. The record of a conviction certified or authenticated
13542 in such form as admissible in evidence under the laws of the
13543 state shall be admissible as prima facie evidence of such guilt.
13544 (6) Has had a registration, license, or certification as
13545 an appraiser revoked, suspended, or otherwise acted against; has
13546 been disbarred; has had her or his registration, license, or
13547 certificate to practice or conduct any regulated profession,
13548 business, or vocation revoked or suspended by this or any other
13549 state, any nation, or any possession or district of the United
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13550 States; or has had an application for such registration,
13551 licensure, or certification to practice or conduct any regulated
13552 profession, business, or vocation denied by this or any other
13553 state, any nation, or any possession or district of the United
13554 States.
13555 (7) Has become temporarily incapacitated from acting as an
13556 appraiser with safety to those in a fiduciary relationship with
13557 her or him because of drunkenness, use of drugs, or temporary
13558 mental derangement; however, suspension of a license,
13559 certification, or registration in such cases shall only be for
13560 the period of such incapacity.
13561 (8) Is confined in any county jail, postadjudication; is
13562 confined in any state or federal prison or mental institution;
13563 or, through mental disease or deterioration, can no longer
13564 safely be entrusted to deal with the public or in a confidential
13565 capacity.
13566 (9) Has failed to inform the department board in writing
13567 within 30 days after pleading guilty or nolo contendere to, or
13568 being convicted or found guilty of, any felony.
13569 (10) Has been found guilty, for a second time, of any
13570 misconduct that warrants disciplinary action, or has been found
13571 guilty of a course of conduct or practice that shows that she or
13572 he is incompetent, negligent, dishonest, or untruthful to an
13573 extent that those with whom she or he may sustain a confidential
13574 relationship may not safely do so.
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13575 (11) Has made or filed a report or record, either written
13576 or oral, that the registered trainee appraiser or licensed or
13577 certified appraiser knows to be false; has willfully failed to
13578 file a report or record required by state or federal law; has
13579 willfully impeded or obstructed such filing; or has induced
13580 another person to impede or obstruct such filing. However, such
13581 reports or records shall include only those that are signed or
13582 presented in the capacity of a registered trainee appraiser or
13583 licensed or certified appraiser.
13584 (12) Has obtained or attempted to obtain a registration,
13585 license, or certification by means of knowingly making a false
13586 statement, submitting false information, refusing to provide
13587 complete information in response to an application question, or
13588 engaging in fraud, misrepresentation, or concealment.
13589 (13) Has paid money or other valuable consideration,
13590 except as required by this section, to any member or employee of
13591 the department board to obtain a registration, license, or
13592 certification under this section.
13593 (14) Has violated any standard of professional practice
13594 established by rule of the department board, including standards
13595 for the development or communication of a real estate appraisal.
13596 (15) Has failed or refused to exercise reasonable
13597 diligence in developing an appraisal or preparing an appraisal
13598 report.
13599 (16) Has failed to communicate an appraisal without good
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13600 cause.
13601 (17) Has accepted an appraisal assignment if the
13602 employment itself is contingent upon the appraiser reporting a
13603 predetermined result, analysis, or opinion or if the fee to be
13604 paid for the performance of the appraisal assignment is
13605 contingent upon the opinion, conclusion, or valuation reached
13606 upon the consequences resulting from the appraisal assignment.
13607 (18) Has failed to timely notify the department of any
13608 change in business location, or has failed to fully disclose all
13609 business locations from which she or he operates as a registered
13610 trainee appraiser or licensed or certified appraiser.
13611 Section 375. Section 475.6245, Florida Statutes, is
13612 amended to read:
13613 475.6245 Discipline of appraisal management companies.—
13614 (1) The department board may deny an application for
13615 registration or renewal registration of an appraisal management
13616 company; may investigate the actions of any appraisal management
13617 company registered under this part; may reprimand or impose an
13618 administrative fine not to exceed $5,000 for each count or
13619 separate offense against any such appraisal management company;
13620 and may revoke or suspend, for a period not to exceed 10 years,
13621 the registration of any such appraisal management company, or
13622 place any such appraisal management company on probation, if the
13623 department board finds that the appraisal management company or
13624 any person listed in s. 475.6235(2)(f):
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13625 (a) Has violated any provision of this part or s.
13626 455.227(1); however, any appraisal management company registered
13627 under this part is exempt from s. 455.227(1)(i).
13628 (b) Has been guilty of fraud, misrepresentation,
13629 concealment, false promises, false pretenses, dishonest conduct,
13630 culpable negligence, or breach of trust in any business
13631 transaction in this state or any other state, nation, or
13632 territory; has violated a duty imposed upon her or him by law or
13633 by the terms of a contract, whether written, oral, express, or
13634 implied, in an appraisal assignment; has aided, assisted, or
13635 conspired with any other person engaged in any such misconduct
13636 and in furtherance thereof; or has formed an intent, design, or
13637 scheme to engage in such misconduct and committed an overt act
13638 in furtherance of such intent, design, or scheme. It is
13639 immaterial to the guilt of the appraisal management company that
13640 the victim or intended victim of the misconduct has sustained no
13641 damage or loss; that the damage or loss has been settled and
13642 paid after discovery of the misconduct; or that such victim or
13643 intended victim was a customer or a person in confidential
13644 relation with the appraisal management company or was an
13645 identified member of the general public.
13646 (c) Has advertised services in a manner that is
13647 fraudulent, false, deceptive, or misleading in form or content.
13648 (d) Has violated any provision of this part or any lawful
13649 order or rule issued under this part or chapter 455.
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13650 (e) Has been convicted or found guilty of, or entered a
13651 plea of nolo contendere to, regardless of adjudication, a crime
13652 in any jurisdiction that directly relates to the activities of
13653 an appraisal management company or that involves moral turpitude
13654 or fraudulent or dishonest conduct. The record of a conviction
13655 certified or authenticated in such form as admissible in
13656 evidence under the laws of the state shall be admissible as
13657 prima facie evidence of such guilt.
13658 (f) Has had a registration, license, or certification as
13659 an appraiser or a registration as an appraisal management
13660 company revoked, suspended, or otherwise acted against; has been
13661 disbarred; has had her or his registration, license, or
13662 certificate to practice or conduct any regulated profession,
13663 business, or vocation revoked or suspended by this or any other
13664 state, any nation, or any possession or district of the United
13665 States; or has had an application for such registration,
13666 licensure, or certification to practice or conduct any regulated
13667 profession, business, or vocation denied by this or any other
13668 state, any nation, or any possession or district of the United
13669 States.
13670 (g) Has become temporarily incapacitated from acting as an
13671 appraisal management company with safety to those in a fiduciary
13672 relationship with her or him because of drunkenness, use of
13673 drugs, or temporary mental derangement; however, suspension of a
13674 registration in such cases shall only be for the period of such
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13675 incapacity.
13676 (h) Is confined in any county jail, postadjudication; is
13677 confined in any state or federal prison or mental institution;
13678 or, through mental disease or deterioration, can no longer
13679 safely be entrusted to deal with the public or in a confidential
13680 capacity.
13681 (i) Has failed to inform the department board in writing
13682 within 30 days after pleading guilty or nolo contendere to, or
13683 being convicted or found guilty of, any felony.
13684 (j) Has been found guilty, for a second time, of any
13685 misconduct that warrants disciplinary action, or has been found
13686 guilty of a course of conduct or practice that shows that she or
13687 he is incompetent, negligent, dishonest, or untruthful to an
13688 extent that those with whom she or he may sustain a confidential
13689 relationship may not safely do so.
13690 (k) Has made or filed a report or record, either written
13691 or oral, that the appraisal management company knows to be
13692 false; has willfully failed to file a report or record required
13693 by state or federal law; has willfully impeded or obstructed
13694 such filing; or has induced another person to impede or obstruct
13695 such filing. However, such reports or records shall include only
13696 those that are signed or presented in the capacity of an
13697 appraisal management company.
13698 (l) Has obtained or attempted to obtain a registration,
13699 license, or certification by means of knowingly making a false
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13700 statement, submitting false information, refusing to provide
13701 complete information in response to an application question, or
13702 engaging in fraud, misrepresentation, or concealment.
13703 (m) Has paid money or other valuable consideration, except
13704 as required by this section, to any member or employee of the
13705 department board to obtain a registration, license, or
13706 certification under this section.
13707 (n) Has instructed an appraiser to violate any standard of
13708 professional practice established by rule of the department
13709 board, including standards for the development or communication
13710 of a real estate appraisal or other provision of the Uniform
13711 Standards of Professional Appraisal Practice.
13712 (o) Has engaged in the development of an appraisal or the
13713 preparation of an appraisal report, unless the appraisal
13714 management company is owned or controlled by certified
13715 appraisers.
13716 (p) Has failed to communicate an appraisal without good
13717 cause.
13718 (q) Has accepted an appraisal assignment if the employment
13719 itself is contingent upon the appraisal management company
13720 reporting a predetermined result, analysis, or opinion or if the
13721 fee to be paid for the performance of the appraisal assignment
13722 is contingent upon the opinion, conclusion, or valuation reached
13723 upon the consequences resulting from the appraisal assignment.
13724 (r) Has failed to timely notify the department of any
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13725 change in principal business location as an appraisal management
13726 company.
13727 (s) Has influenced or attempted to influence the
13728 development, reporting, or review of an appraisal through
13729 coercion, extortion, collusion, compensation, inducement,
13730 intimidation, bribery, or any other means, including, but not
13731 limited to:
13732 1. Withholding or threatening to withhold timely payment
13733 for an appraisal, unless such nonpayment is based upon specific
13734 quality or other service issues that constitute noncompliance
13735 with the appraisal engagement agreement.
13736 2. Withholding or threatening to withhold future business
13737 from an appraiser.
13738 3. Promising future business, promotions, or increased
13739 compensation for an appraiser, whether the promise is express or
13740 implied.
13741 4. Conditioning a request for appraisal services or the
13742 payment of an appraisal fee, salary, or bonus upon the opinion,
13743 conclusion, or valuation to be reached or upon a preliminary
13744 estimate or opinion requested from an appraiser.
13745 5. Requesting that an appraiser provide an estimated,
13746 predetermined, or desired valuation in an appraisal report or
13747 provide estimated values or comparable sales at any time before
13748 the appraiser's completion of appraisal services.
13749 6. Providing to an appraiser an anticipated, estimated,
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13750 encouraged, or desired value for a subject property or a
13751 proposed or target amount to be loaned to the borrower, except
13752 that a copy of the sales contract for purchase transactions may
13753 be provided.
13754 7. Providing to an appraiser, or any person related to the
13755 appraiser, stock or other financial or nonfinancial benefits.
13756 8. Allowing the removal of an appraiser from an appraiser
13757 panel without prior written notice to the appraiser.
13758 9. Obtaining, using, or paying for a second or subsequent
13759 appraisal or ordering an automated valuation model in connection
13760 with a mortgage financing transaction unless there is a
13761 reasonable basis to believe that the initial appraisal was
13762 flawed or tainted and such basis is clearly and appropriately
13763 noted in the loan file, or unless such appraisal or automated
13764 valuation model is issued pursuant to a bona fide prefunding or
13765 postfunding appraisal review or quality control process.
13766 10. Any other act or practice that impairs or attempts to
13767 impair an appraiser's independence, objectivity, or
13768 impartiality.
13769 (t) Has altered, modified, or otherwise changed a
13770 completed appraisal report submitted by an appraiser to an
13771 appraisal management company.
13772 (u) Has employed, contracted with, or otherwise retained
13773 an appraiser whose registration, license, or certification is
13774 suspended or revoked to perform appraisal services or appraisal
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13775 management services.
13776 (v) Has required or attempted to require an appraiser to
13777 sign any indemnification agreement that would require the
13778 appraiser to hold harmless the appraisal management company or
13779 its owners, agents, employees, or independent contractors from
13780 any liability, damage, loss, or claim arising from the services
13781 performed by the appraisal management company or its owners,
13782 agents, employees, or independent contractors and not the
13783 services performed by the appraiser.
13784 (w) Has required or attempted to require a client to sign
13785 any indemnification agreement that would require the client to
13786 hold harmless the appraisal management company or its owners,
13787 agents, or employees from any liability, damage, loss, or claim
13788 arising from the services performed by an appraiser.
13789 (2) The department board may reprimand an appraisal
13790 management company, conditionally or unconditionally suspend or
13791 revoke any registration of an appraisal management company
13792 issued under this part, or impose administrative fines not to
13793 exceed $5,000 for each count or separate offense against any
13794 such appraisal management company if the department board
13795 determines that the appraisal management company is attempting
13796 to perform, has performed, or has attempted to perform any of
13797 the following acts:
13798 (a) Committing any act in violation of this part.
13799 (b) Violating any rule adopted by the department board
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13800 under this part.
13801 (c) Obtaining a registration of an appraisal management
13802 company by fraud, misrepresentation, or deceit.
13803 (3) This section does not prohibit an appraisal management
13804 company from requesting an appraiser to:
13805 (a) Provide additional information about the basis of a
13806 valuation, including consideration of additional comparable
13807 data; or
13808 (b) Correct objective factual errors in an appraisal
13809 report.
13810 Section 376. Section 475.625, Florida Statutes, is amended
13811 to read:
13812 475.625 Final orders.—The department board may publish and
13813 distribute, in such manner and form as it may prescribe, any of
13814 its final orders or decisions made under this section, after
13815 they become final by lapse of time or upon affirmance on appeal,
13816 or opinions of appellate courts for the guidance of appraisers,
13817 appraiser users, and the public. The department board may also
13818 publish or withhold from publication the names and addresses of
13819 any parties concerned. This section shall not be construed to
13820 affect compliance with chapter 119.
13821 Section 377. Paragraphs (c), (d), and (e) of subsection
13822 (1) of section 475.626, Florida Statutes, are amended to read:
13823 475.626 Violations and penalties.—
13824 (1) A person may not:
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13825 (c) Make any false affidavit or affirmation intended for
13826 use as evidence by or before the department board or any member
13827 thereof, or by any of its authorized representatives, nor may
13828 any person give false testimony under oath or affirmation to or
13829 before the department board or any member thereof in any
13830 proceeding authorized by this section.
13831 (d) Fail or refuse to appear at the time and place
13832 designated in a subpoena issued with respect to a violation of
13833 this section, unless such failure to appear is the result of
13834 facts or circumstances that are sufficient to excuse appearance
13835 in response to a subpoena from the circuit court; nor may a
13836 person who is present before the department board or a member
13837 thereof or one of its authorized representatives acting under
13838 authority of this section refuse to be sworn or to affirm or
13839 fail or refuse to answer fully any question propounded by the
13840 department board, the member, or such representative, or by any
13841 person by the authority of such officer or appointee.
13842 (e) Obstruct or hinder in any manner the enforcement of
13843 this section or the performance of any lawful duty by any person
13844 acting under the authority of this section, or interfere with,
13845 intimidate, or offer any bribe to any employee member of the
13846 department board or any of its employees or any person who is,
13847 or is expected to be, a witness in any investigation or
13848 proceeding relating to a violation of this section.
13849 Section 378. Section 475.627, Florida Statutes, is amended
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13850 to read:
13851 475.627 Appraisal course instructors.—
13852 (1) Where the course or courses to be taught are
13853 prescribed by the department board or approved precedent to
13854 registration, licensure, certification, or renewal as a
13855 registered trainee appraiser, licensed appraiser, or certified
13856 residential appraiser, before commencing to instruct noncredit
13857 college courses in a college, university, or community college,
13858 or courses in a career center or proprietary real estate school,
13859 a person must certify her or his competency by meeting one of
13860 the following requirements:
13861 (a) Hold a valid certification as a residential real
13862 estate appraiser in this or any other state.
13863 (b) Pass an appraiser instructor's examination which shall
13864 test knowledge of residential appraisal topics.
13865 (2) Where the course or courses to be taught are
13866 prescribed by the department board or approved precedent to
13867 registration, licensure, certification, or renewal as a
13868 registered trainee appraiser, licensed appraiser, or certified
13869 appraiser, before commencing to instruct noncredit college
13870 courses in a college, university, or community college, or
13871 courses in a career center or proprietary real estate school, a
13872 person must certify her or his competency by meeting one of the
13873 following requirements:
13874 (a) Hold a valid certification as a general real estate
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13875 appraiser in this or any other state.
13876 (b) Pass an appraiser instructor's examination which shall
13877 test knowledge of residential and nonresidential appraisal
13878 topics.
13879 (3) Possession of a permit to teach prescribed or approved
13880 appraisal courses does not entitle the permitholder to teach any
13881 courses outside the scope of the permit.
13882 Section 379. Section 475.628, Florida Statutes, is amended
13883 to read:
13884 475.628 Professional standards for appraisers registered,
13885 licensed, or certified under this part.—
13886 (1) The department board shall adopt rules establishing
13887 standards of professional practice which meet or exceed
13888 nationally recognized standards of appraisal practice, including
13889 standards adopted by the Appraisal Standards Board of the
13890 Appraisal Foundation. Each appraiser registered, licensed, or
13891 certified under this part must comply with the rules. Statements
13892 on appraisal standards which may be issued for the purpose of
13893 clarification, interpretation, explanation, or elaboration
13894 through the Appraisal Foundation are binding on any appraiser
13895 registered, licensed, or certified under this part, upon
13896 adoption by rule of the department board.
13897 (2) The department board may adopt rules establishing
13898 standards of professional practice other than standards adopted
13899 by the Appraisal Standards Board of the Appraisal Foundation for
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13900 nonfederally related transactions. The department board shall
13901 require that when performing an appraisal or appraisal service
13902 for any purpose other than a federally related transaction, an
13903 appraiser must comply with the Ethics and Competency Rules of
13904 the standards adopted by the Appraisal Standards Board of the
13905 Appraisal Foundation, and other requirements as determined by
13906 rule of the department board. An assignment completed using
13907 alternate standards does not satisfy the experience requirements
13908 under s. 475.617 unless the assignment complies with the
13909 standards adopted by the Appraisal Standards Board of the
13910 Appraisal Foundation.
13911 Section 380. Section 475.629, Florida Statutes, is amended
13912 to read:
13913 475.629 Retention of records.—An appraiser registered,
13914 licensed, or certified under this part shall prepare and retain
13915 a work file for each appraisal, appraisal review, or appraisal
13916 consulting assignment. An appraisal management company
13917 registered under this part shall prepare and retain an order
13918 file for each appraisal, appraisal review, or appraisal
13919 consulting assignment. The work file and the order file shall be
13920 retained for 5 years or the period specified in the Uniform
13921 Standards of Professional Appraisal Practice, whichever is
13922 greater. The work file must contain original or true copies of
13923 any contracts engaging the appraiser's or appraisal management
13924 company's services, appraisal reports, and supporting data
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13925 assembled and formulated by the appraiser or company in
13926 preparing appraisal reports or engaging in appraisal management
13927 services and all other data, information, and documentation
13928 required by the standards for the development or communication
13929 of a real estate appraisal as approved and adopted by the
13930 Appraisal Standards Board of The Appraisal Foundation, as
13931 established by rule of the department board. The order file must
13932 contain original or true copies of any contracts engaging the
13933 appraiser's services, the appraisal reports, any engagement
13934 materials or instructions from the client, and all other
13935 documents required by the standards for the development or
13936 communication of a real estate appraisal as approved and adopted
13937 by the Appraisal Standards Board of The Appraisal Foundation, as
13938 established by rule of the department board. Notwithstanding the
13939 foregoing, while general contracts and materials pertaining to
13940 impaneling of an appraiser by an appraisal management company
13941 shall be retained under this section, such contracts and
13942 materials are not required to be maintained within the order
13943 file. Except as otherwise specified in the Uniform Standards of
13944 Professional Appraisal Practice, the period for retention of the
13945 records applicable to each engagement of the services of the
13946 appraiser or appraisal management company runs from the date of
13947 the submission of the appraisal report to the client. Appraisal
13948 management companies shall also retain the company accounts,
13949 correspondence, memoranda, papers, books, and other records in
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13950 accordance with administrative rules adopted by the department
13951 board. These records must be made available by the appraiser or
13952 appraisal management company for inspection and copying by the
13953 department upon reasonable notice to the appraiser or company.
13954 If an appraisal has been the subject of or has served as
13955 evidence for litigation, reports and records must be retained
13956 for at least 2 years after the trial or the period specified in
13957 the Uniform Standards of Professional Appraisal Practice,
13958 whichever is greater.
13959 Section 381. Section 475.630, Florida Statutes, is amended
13960 to read:
13961 475.630 Temporary practice.—
13962 (1) The department board shall recognize, on a temporary
13963 basis, the license or certification of an appraiser issued by
13964 another state, if:
13965 (a) The property to be appraised is part of a federally
13966 related transaction.
13967 (b) The appraiser's business is of a temporary nature.
13968 (c) The appraiser registers with the department board.
13969 (d) The person requesting recognition of a license or
13970 certification as an appraiser issued by another state is a
13971 nonresident of Florida.
13972 (2) In order to register with the department board, the
13973 appraiser must:
13974 (a) Pay any required fee as established by rule.
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13975 (b) Provide, or cause the state where the applicant may be
13976 licensed or certified to furnish, proof of licensure or
13977 certification along with the copies of the records of any
13978 disciplinary actions taken against the applicant's license or
13979 certification in that or other jurisdictions.
13980 (c) Agree in writing to cooperate with any investigation
13981 initiated under this part by promptly supplying such documents
13982 that any authorized representative of the department may
13983 request. If the department sends a notice by certified mail to
13984 the last known address of a nonresident appraiser to produce
13985 documents or to appear in conjunction with an investigation and
13986 the nonresident appraiser fails to comply with that request, the
13987 department board may impose on that nonresident appraiser any
13988 disciplinary action or penalty authorized under this part.
13989 (d) Sign a notarized statement that the applicant has read
13990 this section and all applicable rules and agrees to abide by
13991 these provisions in all appraisal activities.
13992 Section 382. Section 475.631, Florida Statutes, is amended
13993 to read:
13994 475.631 Nonresident licenses and certifications.—
13995 (1) Any resident state-certified appraiser who becomes a
13996 nonresident shall, within 60 days, notify the department board
13997 of the change in residency and comply with nonresident
13998 requirements. Failure to notify and comply is a violation of the
13999 license law, subject to the penalties in s. 475.624.
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14000 (2) All nonresident applicants, certified appraisers, and
14001 licensees shall comply with all requirements of department board
14002 rules and this part.
14003 Section 383. Except as otherwise expressly provided in
14004 this act, this act shall take effect July 1, 2025.
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