Bill Text: FL S0474 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Deregulation of Professions and Occupations
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-12 - Laid on Table, refer to CS/HB 1193 [S0474 Detail]
Download: Florida-2020-S0474-Introduced.html
Bill Title: Deregulation of Professions and Occupations
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-12 - Laid on Table, refer to CS/HB 1193 [S0474 Detail]
Download: Florida-2020-S0474-Introduced.html
Florida Senate - 2020 SB 474 By Senator Albritton 26-00104D-20 2020474__ 1 A bill to be entitled 2 An act relating to the deregulation of professions and 3 occupations; providing a short title; amending s. 4 20.165, F.S.; renaming the Board of Architecture and 5 Interior Design as the Board of Architecture within 6 the Department of Business and Professional 7 Regulation; amending s. 326.004, F.S.; deleting the 8 requirement that a yacht broker maintain a separate 9 license for each branch office; deleting the 10 requirement that the Division of Florida Condominiums, 11 Timeshares, and Mobile Homes establish a fee; amending 12 s. 447.02, F.S.; conforming provisions to changes made 13 by the act; repealing s. 447.04, F.S., relating to 14 licensure and permit requirements for business agents; 15 repealing s. 447.041, F.S., relating to hearings for 16 persons or labor organizations denied licensure as a 17 business agent; repealing s. 447.045, F.S., relating 18 to confidential information obtained during the 19 application process; repealing s. 447.06, F.S., 20 relating to required registration of labor 21 organizations; amending s. 447.09, F.S.; deleting 22 certain prohibited actions relating to the right of 23 franchise of a member of a labor organization; 24 repealing s. 447.12, F.S., relating to registration 25 fees; repealing s. 447.16, F.S., relating to 26 applicability; amending s. 447.305, F.S.; deleting a 27 provision that requires notification of registrations 28 and renewals to the Department of Business and 29 Professional Regulation; amending s. 455.213, F.S.; 30 requiring the department or a board to enter into 31 reciprocal licensing agreements with other states 32 under certain circumstances; providing requirements; 33 amending s. 456.072, F.S.; specifying that the failure 34 to repay certain student loans is not considered a 35 failure to perform a statutory or legal obligation for 36 which certain disciplinary action can be taken; 37 conforming provisions to changes made by the act; 38 repealing s. 456.0721, F.S., relating to health care 39 practitioners who are in default on student loan or 40 scholarship obligations; amending s. 456.074, F.S.; 41 deleting a provision relating to the suspension of a 42 license issued by the Department of Health for 43 defaulting on certain student loans; amending s. 44 468.385, F.S.; revising requirements relating to 45 businesses auctioning or offering to auction property 46 in this state; amending s. 468.603, F.S.; revising 47 which inspectors are included in the definition of the 48 term “categories of building code inspectors”; 49 amending s. 468.613, F.S.; providing for waiver of 50 specified requirements for certification under certain 51 circumstances; amending s. 468.8314, F.S.; requiring 52 an applicant for a license by endorsement to maintain 53 a specified insurance policy; requiring the department 54 to certify an applicant who holds a specified license 55 issued by another state or territory of the United 56 States under certain circumstances; amending s. 57 469.006, F.S.; providing additional licensure 58 requirements for asbestos abatement consulting or 59 contracting as a partnership, corporation, business 60 trust, or other legal entity; amending s. 469.009, 61 F.S.; conforming provisions to changes made by the 62 act; amending s. 471.015, F.S.; revising licensure 63 requirements for engineers who hold specified licenses 64 in another state; amending s. 473.308, F.S.; deleting 65 continuing education requirements for license by 66 endorsement for certified public accountants; amending 67 s. 474.202, F.S.; revising the definition of the term 68 “limited-service veterinary medical practice” to 69 include certain procedures; amending s. 474.207, F.S.; 70 revising education requirements for licensure by 71 examination; amending s. 474.217, F.S.; requiring the 72 department to issue a license by endorsement to 73 certain applicants who successfully complete a 74 specified examination; amending s. 476.114, F.S.; 75 revising training requirements for licensure as a 76 barber; amending s. 476.144, F.S.; requiring the 77 department to certify as qualified for licensure by 78 endorsement an applicant who is licensed to practice 79 barbering in another state; amending s. 477.013, F.S.; 80 revising the definition of the term “hair braiding”; 81 repealing s. 477.0132, F.S., relating to registration 82 for hair braiding, hair wrapping, and body wrapping; 83 amending s. 477.0135, F.S.; providing additional 84 exemptions from license or registration requirements 85 for specified occupations or practices; amending s. 86 477.019, F.S.; deleting a provision prohibiting the 87 Board of Cosmetology from asking for proof of certain 88 educational hours under certain circumstances; 89 revising requirements for certification of licensure 90 by endorsement for a certain applicant to engage in 91 the practice of cosmetology; conforming provisions to 92 changes made by the act; amending s. 477.0201, F.S.; 93 providing requirements for registration as a 94 specialist; amending s. 477.026, F.S.; conforming 95 provisions to changes made by the act; amending s. 96 477.0263, F.S.; providing that certain cosmetology 97 services may be performed in a location other than a 98 licensed salon under certain circumstances; amending 99 ss. 477.0265 and 477.029, F.S.; conforming provisions 100 to changes made by the act; amending s. 481.201, F.S.; 101 deleting legislative findings relating to the practice 102 of interior design; amending s. 481.203, F.S.; 103 revising and deleting definitions; amending s. 104 481.205, F.S.; renaming the Board of Architecture and 105 Interior Design as the Board of Architecture; revising 106 membership of the board; conforming provisions to 107 changes made by the act; amending ss. 481.207 and 108 481.209, F.S.; conforming provisions to changes made 109 by the act; amending s. 481.213, F.S.; revising 110 requirements for certification of licensure by 111 endorsement for a certain licensee to engage in the 112 practice of architecture; conforming provisions to 113 changes made by the act; amending s. 481.2131, F.S.; 114 requiring certain interior designers to include proof 115 of completed specified examination requirements when 116 submitting documents for the issuance of a building 117 permit; providing that a license or registration is 118 not required for specified persons to practice; 119 amending s. 481.215, F.S.; conforming provisions to 120 changes made by the act; revising requirements 121 relating to the renewal of an interior designer 122 license; specifying that the Board of Architecture 123 shall only approve certain continuing education; 124 providing exceptions; amending s. 481.217, F.S.; 125 conforming provisions to changes made by the act; 126 amending s. 481.219, F.S.; deleting provisions 127 permitting the practice of or offer to practice 128 interior design through certain business 129 organizations; deleting provisions requiring 130 certificates of authorization for certain business 131 organizations offering interior design services to the 132 public; requiring a licensee or applicant in the 133 practice of architecture to qualify as a business 134 organization; providing requirements; amending s. 135 481.221, F.S.; conforming provisions to changes made 136 by the act; requiring registered architects and 137 certain business organizations to display certain 138 license numbers in specified advertisements; providing 139 an exception; amending ss. 481.222 and 481.223, F.S.; 140 conforming provisions to changes made by the act; 141 repealing s. 481.2251, F.S., relating to disciplinary 142 proceedings against registered interior designers; 143 amending ss. 481.229 and 481.231, F.S.; conforming 144 provisions to changes made by the act; amending s. 145 481.303, F.S.; deleting the definition of the term 146 “certificate of authorization”; amending s. 481.310, 147 F.S.; providing that an applicant who holds certain 148 degrees is not required to demonstrate 1 year of 149 practical experience for licensure; amending s. 150 481.311, F.S.; revising requirements for certification 151 of licensure by endorsement for a certain applicant to 152 engage in the practice of landscape architecture; 153 amending s. 481.317, F.S.; conforming provisions to 154 changes made by the act; amending s. 481.319, F.S.; 155 deleting the requirement for a certificate of 156 authorization; authorizing landscape architects to 157 practice in the name of a corporation or partnership; 158 amending s. 481.321, F.S.; requiring a landscape 159 architect to display a certain certificate number in 160 specified advertisements; amending s. 481.329, F.S.; 161 conforming a cross-reference; amending s. 489.103, 162 F.S.; revising certain contract prices for exemption; 163 amending s. 489.111, F.S.; revising provisions 164 relating to eligibility for licensure; amending s. 165 489.115, F.S.; requiring the Construction Industry 166 Licensing Board to certify any applicant who holds a 167 specified license to practice contracting issued by 168 another state or territory of the United States under 169 certain circumstances; amending s. 489.511, F.S.; 170 requiring the board to certify as qualified for 171 certification by endorsement any applicant who holds a 172 specified license to practice electrical or alarm 173 system contracting issued by another state or 174 territory of the United States under certain 175 circumstances; amending s. 489.517, F.S.; providing a 176 reduction in certain continuing education hours 177 required for registered contractors; amending s. 178 489.518, F.S.; requiring a person to have completed a 179 specified amount of training within a certain time 180 period to perform the duties of an alarm system agent; 181 amending s. 548.003, F.S.; deleting the requirement 182 that the Florida State Boxing Commission adopt rules 183 relating to a knockdown timekeeper; amending s. 184 548.017, F.S.; deleting the licensure requirement for 185 a timekeeper or an announcer; amending s. 553.5141, 186 F.S.; conforming provisions to changes made by the 187 act; amending s. 553.74, F.S.; revising the membership 188 and qualifications of the Florida Building Commission; 189 amending ss. 553.79, 558.002, 559.25, and 287.055, 190 F.S.; conforming provisions to changes made by the 191 act; providing effective dates. 192 193 Be It Enacted by the Legislature of the State of Florida: 194 195 Section 1. This act may be cited as the “Occupational 196 Freedom and Opportunity Act.” 197 Section 2. Paragraph (a) of subsection (4) of section 198 20.165, Florida Statutes, is amended to read: 199 20.165 Department of Business and Professional Regulation. 200 There is created a Department of Business and Professional 201 Regulation. 202 (4)(a) The following boards and programs are established 203 within the Division of Professions: 204 1. Board of Architectureand Interior Design, created under 205 part I of chapter 481. 206 2. Florida Board of Auctioneers, created under part VI of 207 chapter 468. 208 3. Barbers’ Board, created under chapter 476. 209 4. Florida Building Code Administrators and Inspectors 210 Board, created under part XII of chapter 468. 211 5. Construction Industry Licensing Board, created under 212 part I of chapter 489. 213 6. Board of Cosmetology, created under chapter 477. 214 7. Electrical Contractors’ Licensing Board, created under 215 part II of chapter 489. 216 8. Board of Employee Leasing Companies, created under part 217 XI of chapter 468. 218 9. Board of Landscape Architecture, created under part II 219 of chapter 481. 220 10. Board of Pilot Commissioners, created under chapter 221 310. 222 11. Board of Professional Engineers, created under chapter 223 471. 224 12. Board of Professional Geologists, created under chapter 225 492. 226 13. Board of Veterinary Medicine, created under chapter 227 474. 228 14. Home inspection services licensing program, created 229 under part XV of chapter 468. 230 15. Mold-related services licensing program, created under 231 part XVI of chapter 468. 232 Section 3. Subsection (13) of section 326.004, Florida 233 Statutes, is amended to read: 234 326.004 Licensing.— 235 (13) Each broker must maintain a principal place of 236 business in this state and may establish branch offices in the 237 state.A separate license must be maintained for each branch238office. The division shall establish by rule a fee not to exceed239$100 for each branch office license.240 Section 4. Subsection (3) of section 447.02, Florida 241 Statutes, is amended to read: 242 447.02 Definitions.—The following terms, when used in this 243 chapter, shall have the meanings ascribed to them in this 244 section: 245(3)The term “department” means the Department of Business246and Professional Regulation.247 Section 5. Section 447.04, Florida Statutes, is repealed. 248 Section 6. Section 447.041, Florida Statutes, is repealed. 249 Section 7. Section 447.045, Florida Statutes, is repealed. 250 Section 8. Section 447.06, Florida Statutes, is repealed. 251 Section 9. Subsections (6) and (8) of section 447.09, 252 Florida Statutes, are amended to read: 253 447.09 Right of franchise preserved; penalties.—It shall be 254 unlawful for any person: 255(6)To act as a business agent without having obtained and256possessing a valid and subsisting license or permit.257(8)To make any false statement in an application for a258license.259 Section 10. Section 447.12, Florida Statutes, is repealed. 260 Section 11. Section 447.16, Florida Statutes, is repealed. 261 Section 12. Subsection (4) of section 447.305, Florida 262 Statutes, is amended to read: 263 447.305 Registration of employee organization.— 264(4)Notification of registrations and renewals of265registration shall be furnished at regular intervals by the266commission to the Department of Business and Professional267Regulation.268 Section 13. Subsection (14) is added to section 455.213, 269 Florida Statutes, to read: 270 455.213 General licensing provisions.— 271 (14) The department or a board must enter into a reciprocal 272 licensing agreement with other states if the practice act within 273 the purview of this chapter permits such agreement. If a 274 reciprocal licensing agreement exists or if the department or 275 board has determined another state’s licensing requirements or 276 examinations to be substantially equivalent or more stringent to 277 those under the practice act, the department or board must post 278 on its website which jurisdictions have such reciprocal 279 licensing agreements or substantially similar licenses. 280 Section 14. Paragraph (k) of subsection (1) of section 281 456.072, Florida Statutes, is amended to read: 282 456.072 Grounds for discipline; penalties; enforcement.— 283 (1) The following acts shall constitute grounds for which 284 the disciplinary actions specified in subsection (2) may be 285 taken: 286 (k) Failing to perform any statutory or legal obligation 287 placed upon a licensee. For purposes of this section, failing to 288 repay a student loan issued or guaranteed by the state or the 289 Federal Government in accordance with the terms of the loan is 290 notor failing to comply with service scholarship obligations291shall beconsidered a failure to perform a statutory or legal 292 obligation, and the minimum disciplinary action imposed shall be293a suspension of the license until new payment terms are agreed294upon or the scholarship obligation is resumed, followed by295probation for the duration of the student loan or remaining296scholarship obligation period, and a fine equal to 10 percent of297the defaulted loan amount. Fines collected shall be deposited 298 into the Medical Quality Assurance Trust Fund. 299 Section 15. Section 456.0721, Florida Statutes, is 300 repealed. 301 Section 16. Subsection (4) of section 456.074, Florida 302 Statutes, is amended to read: 303 456.074 Certain health care practitioners; immediate 304 suspension of license.— 305(4)Upon receipt of information that a Florida-licensed306health care practitioner has defaulted on a student loan issued307or guaranteed by the state or the Federal Government, the308department shall notify the licensee by certified mail that he309or she shall be subject to immediate suspension of license310unless, within 45 days after the date of mailing, the licensee311provides proof that new payment terms have been agreed upon by312all parties to the loan. The department shall issue an emergency313order suspending the license of any licensee who, after 45 days314following the date of mailing from the department, has failed to315provide such proof. Production of such proof shall not prohibit316the department from proceeding with disciplinary action against317the licensee pursuant to s. 456.073.318 Section 17. Paragraph (b) of subsection (7) of section 319 468.385, Florida Statutes, is amended to read: 320 468.385 Licenses required; qualifications; examination.— 321 (7) 322 (b) ANobusiness may notshallauction or offer to auction 323 any property in this state unless it is owned by an auctioneer 324 who is licensedas an auction businessby the departmentboard325 or is exempt from licensure under this act. Each application for 326 licensure mustshallinclude the names of the owner and the 327 business, the business mailing address and location, and any 328 other information which the board may require. The owner of an 329 auction business shall report to the board within 30 days of any 330 change in this required information. 331 Section 18. Paragraph (f) of subsection (5) of section 332 468.603, Florida Statutes, is amended to read: 333 468.603 Definitions.—As used in this part: 334 (5) “Categories of building code inspectors” include the 335 following: 336 (f) “ResidentialOne and two family dwellinginspector” 337 means a person who is qualified to inspect and determine that 338 one-family, two-family, or three-family residences not exceeding 339 two habitable stories above no more than one uninhabitable story 340 and accessory use structures in connection therewithone and two341family dwellings and accessory structuresare constructed in 342 accordance with the provisions of the governing building, 343 plumbing, mechanical, accessibility, and electrical codes. 344 Section 19. Section 468.613, Florida Statutes, is amended 345 to read: 346 468.613 Certification by endorsement.—The board shall 347 examine other certification or training programs, as applicable, 348 upon submission to the board for its consideration of an 349 application for certification by endorsement. The board shall 350 waive its examination, qualification, education, or training 351 requirements, to the extent that such examination, 352 qualification, education, or training requirements of the 353 applicant are determined by the board to be comparable with 354 those established by the board. The board shall waive its 355 examination, qualification, education, or training requirements 356 if an applicant for certification by endorsement is at least 18 357 years of age; is of good moral character; has held a valid 358 building administrator, inspector, plans examiner, or the 359 equivalent, certification issued by another state or territory 360 of the United States for at least 10 years before the date of 361 application; and has successfully passed an applicable 362 examination administered by the International Code Council. Such 363 application must be made either when the license in another 364 state or territory is active or within 2 years after such 365 license was last active. 366 Section 20. Subsection (3) of section 468.8314, Florida 367 Statutes, is amended to read: 368 468.8314 Licensure.— 369 (3) The department shall certify as qualified for a license 370 by endorsement an applicant who is of good moral character as 371 determined in s. 468.8313, who maintains an insurance policy as 372 required by s. 468.8322, and who:;373 (a) Holds a valid license to practice home inspection 374 services in another state or territory of the United States, 375 whose educational requirements are substantially equivalent to 376 those required by this part; and has passed a national, 377 regional, state, or territorial licensing examination that is 378 substantially equivalent to the examination required by this 379 part; or 380 (b) Has held a valid license to practice home inspection 381 services issued by another state or territory of the United 382 States for at least 10 years before the date of application. 383 Such application must be made either when the license in another 384 state or territory is active or within 2 years after such 385 license was last active. 386 Section 21. Paragraphs (a) and (e) of subsection (2), 387 subsection (3), paragraph (b) of subsection (4), and subsection 388 (6) of section 469.006, Florida Statutes, are amended to read: 389 469.006 Licensure of business organizations; qualifying 390 agents.— 391 (2)(a) If the applicant proposes to engage in consulting or 392 contracting as a partnership, corporation, business trust, or 393 other legal entity, or in any name other than the applicant’s 394 legal name, thelegal entity must apply for licensure through a395qualifying agent or theindividual applicant must qualifyapply396for licensure underthe business organizationfictitious name. 397 (e) AThelicense, when issued upon application of a398business organization,must be in the name of the qualifying 399 agentbusiness organization, and the name of the business 400 organizationqualifying agentmust be noted on the license 401thereon. If there is a change in any information that is 402 required to be stated on the application, the qualifying agent 403business organizationshall, within 45 days after such change 404 occurs, mail the correct information to the department. 405 (3) The qualifying agent mustshallbe licensed under this 406 chapter in order for the business organization to be qualified 407licensedin the category of the business conducted for which the 408 qualifying agent is licensed. If any qualifying agent ceases to 409 be affiliated with such business organization, the agent shall 410 so inform the department. In addition, if such qualifying agent 411 is the only licensed individual affiliated with the business 412 organization, the business organization shall notify the 413 department of the termination of the qualifying agent and has 414shall have60 days afterfromthe date of termination of the 415 qualifying agent’s affiliation with the business organizationin416whichto employ another qualifying agent. The business 417 organization may not engage in consulting or contracting until a 418 qualifying agent is employed, unless the department has granted 419 a temporary nonrenewable license to the financially responsible 420 officer, the president, the sole proprietor, a partner, or, in 421 the case of a limited partnership, the general partner, who 422 assumes all responsibilities of a primary qualifying agent for 423 the entity. This temporary license only allowsshall only allow424 the entity to proceed with incomplete contracts. 425 (4) 426 (b) Upon a favorable determination by the department, after 427 investigation of the financial responsibility, credit, and 428 business reputation of the qualifying agent and the new business 429 organization, the department shall issue, without any 430 examination, a new license in the qualifying agent’sbusiness431organization’sname, and the name of the business organization 432qualifying agentshall be noted thereon. 433 (6) Each qualifying agent shall pay the department an 434 amount equal to the original fee for licensureof a new business435organization.if the qualifying agent for a business 436 organization desires to qualify additional business 437 organizations.,The department shall require the agent to 438 present evidence of supervisory ability and financial 439 responsibility of each such organization. Allowing a licensee to 440 qualify more than one business organization mustshallbe 441 conditioned upon the licensee showing that the licensee has both 442 the capacity and intent to adequately supervise each business 443 organization. The department mayshallnot limit the number of 444 business organizations thatwhichthe licensee may qualify 445 except upon the licensee’s failure to provide such information 446 as is required under this subsection or upon a finding that the 447suchinformation or evidenceas issupplied is incomplete or 448 unpersuasive in showing the licensee’s capacity and intent to 449 comply with the requirements of this subsection. A qualification 450 for an additional business organization may be revoked or 451 suspended upon a finding by the department that the licensee has 452 failed in the licensee’s responsibility to adequately supervise 453 the operations of the business organization. Failure to 454 adequately supervise the operations of a business organization 455 isshall begrounds for denial to qualify additional business 456 organizations. 457 Section 22. Subsection (1) of section 469.009, Florida 458 Statutes, is amended to read: 459 469.009 License revocation, suspension, and denial of 460 issuance or renewal.— 461 (1) The department may revoke, suspend, or deny the 462 issuance or renewal of a license; reprimand, censure, or place 463 on probation any contractor, consultant, or financially 464 responsible officer, or business organization; require financial 465 restitution to a consumer; impose an administrative fine not to 466 exceed $5,000 per violation; require continuing education; or 467 assess costs associated with any investigation and prosecution 468 if the contractor or consultant, or business organization or 469 officer or agent thereof, is found guilty of any of the 470 following acts: 471 (a) Willfully or deliberately disregarding or violating the 472 health and safety standards of the Occupational Safety and 473 Health Act of 1970, the Construction Safety Act, the National 474 Emission Standards for Asbestos, the Environmental Protection 475 Agency Asbestos Abatement Projects Worker Protection Rule, the 476 Florida Statutes or rules promulgated thereunder, or any 477 ordinance enacted by a political subdivision of this state. 478 (b) Violating any provision of chapter 455. 479 (c) Failing in any material respect to comply with the 480 provisions of this chapter or any rule promulgated hereunder. 481 (d) Acting in the capacity of an asbestos contractor or 482 asbestos consultant under any license issued under this chapter 483 except in the name of the licensee as set forth on the issued 484 license. 485 (e) Proceeding on any job without obtaining all applicable 486 approvals, authorizations, permits, and inspections. 487 (f) Obtaining a license by fraud or misrepresentation. 488 (g) Being convicted or found guilty of, or entering a plea 489 of nolo contendere to, regardless of adjudication, a crime in 490 any jurisdiction which directly relates to the practice of 491 asbestos consulting or contracting or the ability to practice 492 asbestos consulting or contracting. 493 (h) Knowingly violating any building code, lifesafety code, 494 or county or municipal ordinance relating to the practice of 495 asbestos consulting or contracting. 496 (i) Performing any act which assists a person or entity in 497 engaging in the prohibited unlicensed practice of asbestos 498 consulting or contracting, if the licensee knows or has 499 reasonable grounds to know that the person or entity was 500 unlicensed. 501 (j) Committing mismanagement or misconduct in the practice 502 of contracting that causes financial harm to a customer. 503 Financial mismanagement or misconduct occurs when: 504 1. Valid liens have been recorded against the property of a 505 contractor’s customer for supplies or services ordered by the 506 contractor for the customer’s job; the contractor has received 507 funds from the customer to pay for the supplies or services; and 508 the contractor has not had the liens removed from the property, 509 by payment or by bond, within 75 days after the date of such 510 liens; 511 2. The contractor has abandoned a customer’s job and the 512 percentage of completion is less than the percentage of the 513 total contract price paid to the contractor as of the time of 514 abandonment, unless the contractor is entitled to retain such 515 funds under the terms of the contract or refunds the excess 516 funds within 30 days after the date the job is abandoned; or 517 3. The contractor’s job has been completed, and it is shown 518 that the customer has had to pay more for the contracted job 519 than the original contract price, as adjusted for subsequent 520 change orders, unless such increase in cost was the result of 521 circumstances beyond the control of the contractor, was the 522 result of circumstances caused by the customer, or was otherwise 523 permitted by the terms of the contract between the contractor 524 and the customer. 525 (k) Being disciplined by any municipality or county for an 526 act or violation of this chapter. 527 (l) Failing in any material respect to comply with the 528 provisions of this chapter, or violating a rule or lawful order 529 of the department. 530 (m) Abandoning an asbestos abatement project in which the 531 asbestos contractor is engaged or under contract as a 532 contractor. A project may be presumed abandoned after 20 days if 533 the contractor terminates the project without just cause and 534 without proper notification to the owner, including the reason 535 for termination; if the contractor fails to reasonably secure 536 the project to safeguard the public while work is stopped; or if 537 the contractor fails to perform work without just cause for 20 538 days. 539 (n) Signing a statement with respect to a project or 540 contract falsely indicating that the work is bonded; falsely 541 indicating that payment has been made for all subcontracted 542 work, labor, and materials which results in a financial loss to 543 the owner, purchaser, or contractor; or falsely indicating that 544 workers’ compensation and public liability insurance are 545 provided. 546 (o) Committing fraud or deceit in the practice of asbestos 547 consulting or contracting. 548 (p) Committing incompetency or misconduct in the practice 549 of asbestos consulting or contracting. 550 (q) Committing gross negligence, repeated negligence, or 551 negligence resulting in a significant danger to life or property 552 in the practice of asbestos consulting or contracting. 553 (r) Intimidating, threatening, coercing, or otherwise 554 discouraging the service of a notice to owner under part I of 555 chapter 713 or a notice to contractor under chapter 255 or part 556 I of chapter 713. 557 (s) Failing to satisfy, within a reasonable time, the terms 558 of a civil judgment obtained against the licensee, or the 559 business organization qualified by the licensee, relating to the 560 practice of the licensee’s profession. 561 562 For the purposes of this subsection, construction is considered 563 to be commenced when the contract is executed and the contractor 564 has accepted funds from the customer or lender. 565 Section 23. Subsection (5) of section 471.015, Florida 566 Statutes, is amended to read: 567 471.015 Licensure.— 568 (5)(a) The board shall deem that an applicant who seeks 569 licensure by endorsement has passed an examination substantially 570 equivalent to the fundamentals examination when such applicant 571 has held a valid professional engineer’s license in another 572 state for 1015yearsand has had 20 years of continuous573professional-level engineering experience. 574 (b) The board shall deem that an applicant who seeks 575 licensure by endorsement has passed an examination substantially 576 equivalent to the fundamentals examination and the principles 577 and practices examination when such applicant has held a valid 578 professional engineer’s license in another state for 1525years 579and has had 30 years of continuous professional-level580engineering experience. 581 Section 24. Subsection (7) of section 473.308, Florida 582 Statutes, is amended to read: 583 473.308 Licensure.— 584 (7) The board shall certify as qualified for a license by 585 endorsement an applicant who: 586 (a)1.Is not licensed and has not been licensed in another 587 state or territory and who has met the requirements of this 588 section for education, work experience, and good moral character 589 and has passed a national, regional, state, or territorial 590 licensing examination that is substantially equivalent to the 591 examination required by s. 473.306; orand5922.Has completed such continuing education courses as the593board deems appropriate, within the limits for each applicable5942-year period as set forth in s. 473.312, but at least such595courses as are equivalent to the continuing education596requirements for a Florida certified public accountant licensed597in this state during the 2 years immediately preceding her or598his application for licensure by endorsement; or599 (b)1.a.Holds a valid license to practice public accounting 600 issued by another state or territory of the United States, if 601 the criteria for issuance of such license were substantially 602 equivalent to the licensure criteria that existed in this state 603 at the time the license was issued; 604 2.b.Holds a valid license to practice public accounting 605 issued by another state or territory of the United States but 606 the criteria for issuance of such license did not meet the 607 requirements of sub-subparagraph a.; has met the requirements of 608 this section for education, work experience, and good moral 609 character; and has passed a national, regional, state, or 610 territorial licensing examination that is substantially 611 equivalent to the examination required by s. 473.306; or 612 3.c.Holds a valid license to practice public accounting 613 issued by another state or territory of the United States for at 614 least 10 years before the date of application; has passed a 615 national, regional, state, or territorial licensing examination 616 that is substantially equivalent to the examination required by 617 s. 473.306; and has met the requirements of this section for 618 good moral character; and6192.Has completed continuing education courses that are620equivalent to the continuing education requirements for a621Florida certified public accountant licensed in this state622during the 2 years immediately preceding her or his application623for licensure by endorsement. 624 Section 25. Subsection (6) of section 474.202, Florida 625 Statutes, is amended to read: 626 474.202 Definitions.—As used in this chapter: 627 (6) “Limited-service veterinary medical practice” means 628 offering or providing veterinary services at any location that 629 has a primary purpose other than that of providing veterinary 630 medical service at a permanent or mobile establishment permitted 631 by the board; provides veterinary medical services for privately 632 owned animals that do not reside at that location; operates for 633 a limited time; and provides limited types of veterinary medical 634 services, including vaccinations or immunizations against 635 disease, preventative procedures for parasitic control, and 636 microchipping. 637 Section 26. Paragraph (b) of subsection (2) of section 638 474.207, Florida Statutes, is amended to read: 639 474.207 Licensure by examination.— 640 (2) The department shall license each applicant who the 641 board certifies has: 642 (b)1. Graduated from a college of veterinary medicine 643 accredited by the American Veterinary Medical Association 644 Council on Education; or 645 2. Graduated from a college of veterinary medicine listed 646 in the American Veterinary Medical Association Roster of 647 Veterinary Colleges of the World and obtained a certificate from 648 the Education Commission for Foreign Veterinary Graduates or the 649 Program for the Assessment of Veterinary Education Equivalence. 650 651 The department shall not issue a license to any applicant who is 652 under investigation in any state or territory of the United 653 States or in the District of Columbia for an act which would 654 constitute a violation of this chapter until the investigation 655 is complete and disciplinary proceedings have been terminated, 656 at which time the provisions of s. 474.214 shall apply. 657 Section 27. Subsection (1) of section 474.217, Florida 658 Statutes, is amended to read: 659 474.217 Licensure by endorsement.— 660 (1) The department shall issue a license by endorsement to 661 any applicant who, upon applying to the department and remitting 662 a fee set by the board, demonstrates to the board that she or 663 he: 664 (a) Has demonstrated, in a manner designated by rule of the 665 board, knowledge of the laws and rules governing the practice of 666 veterinary medicine in this state; and 667 (b)1.EitherHolds, and has held for the 3 years 668 immediately preceding the application for licensure, a valid, 669 active license to practice veterinary medicine in another state 670 of the United States, the District of Columbia, or a territory 671 of the United States, provided that the applicant has 672 successfully completed a state, regional, national, or other 673 examination that is equivalent to or more stringent than the 674 examination required by the boardrequirements for licensure in675the issuing state, district, or territory are equivalent to or676more stringent than the requirements of this chapter; or 677 2. Meets the qualifications of s. 474.207(2)(b) and has 678 successfully completed a state, regional, national, or other 679 examination which is equivalent to or more stringent than the 680 examination given by the department and has passed the board’s 681 clinical competency examination or another clinical competency 682 examination specified by rule of the board. 683 Section 28. Subsection (2) of section 476.114, Florida 684 Statutes, is amended to read: 685 476.114 Examination; prerequisites.— 686 (2) An applicant shall be eligible for licensure by 687 examination to practice barbering if the applicant: 688 (a) Is at least 16 years of age; 689 (b) Pays the required application fee; and 690 (c)1. Holds an active valid license to practice barbering 691 in another state, has held the license for at least 1 year, and 692 does not qualify for licensure by endorsement as provided for in 693 s. 476.144(5); or 694 2. Has received a minimum of 9001,200hours of training in 695 sanitation, safety, and laws and rules, as established by the 696 board, which shall include, but shall not be limited to, the 697 equivalent of completion of services directly related to the 698 practice of barbering at one of the following: 699 a. A school of barbering licensed pursuant to chapter 1005; 700 b. A barbering program within the public school system; or 701 c. A government-operated barbering program in this state. 702 703 The board shall establish by rule procedures whereby the school 704 or program may certify that a person is qualified to take the 705 required examination after the completion of a minimum of 600 7061,000actual school hours. If the person passes the examination, 707 she or he shall have satisfied this requirement; but if the 708 person fails the examination, she or he shall not be qualified 709 to take the examination again until the completion of the full 710 requirements provided by this section. 711 Section 29. Subsection (5) of section 476.144, Florida 712 Statutes, is amended to read: 713 476.144 Licensure.— 714 (5) The board shall certify as qualified for licensure by 715 endorsement as a barber in this state an applicant who holds a 716 current active license to practice barbering in another state. 717 The board shall adopt rules specifying procedures for the 718 licensure by endorsement of practitioners desiring to be 719 licensed in this state who hold a current active license in 720 anotherstate orcountry and who have met qualifications 721 substantially similar to, equivalent to, or greater than the 722 qualifications required of applicants from this state. 723 Section 30. Subsection (9) of section 477.013, Florida 724 Statutes, is amended to read: 725 477.013 Definitions.—As used in this chapter: 726 (9) “Hair braiding” means the weaving or interweaving of 727 natural human hair or commercial hair, including the use of hair 728 extensions or wefts, for compensation without cutting, coloring, 729 permanent waving, relaxing, removing, or chemical treatmentand730does not include the use of hair extensions or wefts. 731 Section 31. Section 477.0132, Florida Statutes, is 732 repealed. 733 Section 32. Subsections (7) through (11) are added to 734 section 477.0135, Florida Statutes, to read: 735 477.0135 Exemptions.— 736 (7) A license or registration is not required for a person 737 whose occupation or practice is confined solely to hair braiding 738 as defined in s. 477.013(9). 739 (8) A license or registration is not required for a person 740 whose occupation or practice is confined solely to hair wrapping 741 as defined in s. 477.013(10). 742 (9) A license or registration is not required for a person 743 whose occupation or practice is confined solely to body wrapping 744 as defined in s. 477.013(12). 745 (10) A license or registration is not required for a person 746 whose occupation or practice is confined solely to applying 747 polish to fingernails and toenails. 748 (11) A license or registration is not required for a person 749 whose occupation or practice is confined solely to makeup 750 application. 751 Section 33. Subsections (6) and (7) of section 477.019, 752 Florida Statutes, are amended to read: 753 477.019 Cosmetologists; qualifications; licensure; 754 supervised practice; license renewal; endorsement; continuing 755 education.— 756 (6) The board shall certify as qualified for licensure by 757 endorsement as a cosmetologist in this state an applicant who 758 holds a current active license to practice cosmetology in 759 another state and who has completed a 2-hour course approved by 760 the board on human immunodeficiency virus and acquired immune 761 deficiency syndrome.The board may not require proof of762educational hours if the license was issued in a state that763requires 1,200 or more hours of prelicensure education and764passage of a written examination. This subsection does not apply765to applicants who received their license in another state766through an apprenticeship program.767 (7)(a) The board shall prescribe by rule continuing 768 education requirements intended to ensure protection of the 769 public through updated training of licensees and registered 770 specialists, not to exceed 1016hours biennially, as a 771 condition for renewal of a license or registration as a 772 specialist under this chapter. Continuing education courses 773 shall include, but not be limited to, the following subjects as 774 they relate to the practice of cosmetology: human 775 immunodeficiency virus and acquired immune deficiency syndrome; 776 Occupational Safety and Health Administration regulations; 777 workers’ compensation issues; state and federal laws and rules 778 as they pertain to cosmetologists, cosmetology, salons, 779 specialists, specialty salons, and booth renters; chemical 780 makeup as it pertains to hair, skin, and nails; and 781 environmental issues. Courses given at cosmetology conferences 782 may be counted toward the number of continuing education hours 783 required if approved by the board. 784 (b)Any person whose occupation or practice is confined785solely to hair braiding, hair wrapping, or body wrapping is786exempt from the continuing education requirements of this787subsection.788(c)The board may, by rule, require any licensee in 789 violation of a continuing education requirement to take a 790 refresher course or refresher course and examination in addition 791 to any other penalty. The number of hours for the refresher 792 course may not exceed 48 hours. 793 Section 34. Subsection (1) of section 477.0201, Florida 794 Statutes, is amended to read: 795 477.0201 Specialty registration; qualifications; 796 registration renewal; endorsement.— 797 (1) Any person is qualified for registration as a 798 specialist in anyone or more of thespecialty practice 799practiceswithin the practice of cosmetology under this chapter 800 who: 801 (a) Is at least 16 years of age or has received a high 802 school diploma. 803 (b) Has received a certificate of completion for:in a804 1. One hundred and fifty hours of training, as established 805 by the board, which shall focus primarily on sanitation and 806 safety, to practice specialties as defined in s. 477.013(6)(a) 807 and (b);specialty pursuant to s. 477.013(6)808 2. One hundred and sixty five hours of training, as 809 established by the board, which shall focus primarily on 810 sanitation and safety, to practice the specialty as defined in 811 s. 477.013(6)(c); or 812 3. Three hundred hours of training, as established by the 813 board, which shall focus primarily on sanitation and safety, to 814 practice the specialties as defined in s. 477.013(6)(a)-(c). 815 (c) The certificate of completion specified in paragraph 816 (b) must be from one of the following: 817 1. A school licensed pursuant to s. 477.023. 818 2. A school licensed pursuant to chapter 1005 or the 819 equivalent licensing authority of another state. 820 3. A specialty program within the public school system. 821 4. A specialty division within the Cosmetology Division of 822 the Florida School for the Deaf and the Blind, provided the 823 training programs comply with minimum curriculum requirements 824 established by the board. 825 Section 35. Paragraph (f) of subsection (1) of section 826 477.026, Florida Statutes, is amended to read: 827 477.026 Fees; disposition.— 828 (1) The board shall set fees according to the following 829 schedule: 830(f)For hair braiders, hair wrappers, and body wrappers,831fees for registration shall not exceed $25.832 Section 36. Subsection (4) of section 477.0263, Florida 833 Statutes, is amended, and subsection (5) is added to that 834 section, to read: 835 477.0263 Cosmetology services to be performed in licensed 836 salon; exceptions.— 837 (4) Pursuant to rules adopted by the board, any cosmetology 838 or specialty service may be performed in a location other than a 839 licensed salon when the service is performed in connection with 840 a special event and is performed by a personwho is employed by841a licensed salon andwho holds the proper license or specialty 842 registration.An appointment for the performance of any such843service in a location other than a licensed salon must be made844through a licensed salon.845 (5) Hair shampooing, hair cutting, hair arranging, nail 846 polish removal, nail filing, nail buffing, and nail cleansing 847 may be performed in a location other than a licensed salon when 848 the service is performed by a person who holds the proper 849 license. 850 Section 37. Paragraph (f) of subsection (1) of section 851 477.0265, Florida Statutes, is amended to read: 852 477.0265 Prohibited acts.— 853 (1) It is unlawful for any person to: 854 (f) Advertise or imply that skin care servicesor body855wrapping, as performed under this chapter, have any relationship 856 to the practice of massage therapy as defined in s. 480.033(3), 857 except those practices or activities defined in s. 477.013. 858 Section 38. Paragraph (a) of subsection (1) of section 859 477.029, Florida Statutes, is amended to read: 860 477.029 Penalty.— 861 (1) It is unlawful for any person to: 862 (a) Hold himself or herself out as a cosmetologist or,863 specialist, hair wrapper, hair braider, or body wrapperunless 864 duly licensed or registered, or otherwise authorized, as 865 provided in this chapter. 866 Section 39. Section 481.201, Florida Statutes, is amended 867 to read: 868 481.201 Purpose.—The primary legislative purpose for 869 enacting this part is to ensure that every architect practicing 870 in this state meets minimum requirements for safe practice. It 871 is the legislative intent that architects who fall below minimum 872 competency or who otherwise present a danger to the public shall 873 be prohibited from practicing in this state.The Legislature874further finds that it is in the interest of the public to limit875the practice of interior design to interior designers or876architects who have the design education and training required877by this part or to persons who are exempted from the provisions878of this part.879 Section 40. Section 481.203, Florida Statutes, is amended 880 to read: 881 481.203 Definitions.—As used in this part, the term: 882 (3)(1)“Board” means the Board of Architectureand Interior883Design. 884 (7)(2)“Department” means the Department of Business and 885 Professional Regulation. 886 (1)(3)“Architect” or “registered architect” means a 887 natural person who is licensed under this part to engage in the 888 practice of architecture. 889 (5)(4)“Certificate of registration” means a license issued 890 by the department to a natural person to engage in the practice 891 of architecture or interior design. 892 (4)(5)“Business organization” means a partnership, a 893 limited liability company, a corporation, or an individual 894 operating under a fictitious name“Certificate of authorization”895means a certificate issued by the department to a corporation or896partnership to practice architecture or interior design. 897 (2)(6)“Architecture” means the rendering or offering to 898 render services in connection with the design and construction 899 of a structure or group of structures which have as their 900 principal purpose human habitation or use, and the utilization 901 of space within and surrounding such structures. These services 902 include planning, providing preliminary study designs, drawings 903 and specifications, job-site inspection, and administration of 904 construction contracts. 905 (15)(7)“Townhouse” is a single-family dwelling unit not 906 exceeding three stories in height which is constructed in a 907 series or group of attached units with property lines separating 908 such units. Each townhouse shall be considered a separate 909 building and shall be separated from adjoining townhouses by the 910 use of separate exterior walls meeting the requirements for zero 911 clearance from property lines as required by the type of 912 construction and fire protection requirements; or shall be 913 separated by a party wall; or may be separated by a single wall 914 meeting the following requirements: 915 (a) Such wall shall provide not less than 2 hours of fire 916 resistance. Plumbing, piping, ducts, or electrical or other 917 building services shall not be installed within or through the 918 2-hour wall unless such materials and methods of penetration 919 have been tested in accordance with the Standard Building Code. 920 (b) Such wall shall extend from the foundation to the 921 underside of the roof sheathing, and the underside of the roof 922 shall have at least 1 hour of fire resistance for a width not 923 less than 4 feet on each side of the wall. 924 (c) Each dwelling unit sharing such wall shall be designed 925 and constructed to maintain its structural integrity independent 926 of the unit on the opposite side of the wall. 927 (10)(8)“Interior design” means designs, consultations, 928 studies, drawings, specifications, and administration of design 929 construction contracts relating to nonstructural interior 930 elements of a building or structure. “Interior design” includes, 931 but is not limited to, reflected ceiling plans, space planning, 932 furnishings, and the fabrication of nonstructural elements 933 within and surrounding interior spaces of buildings. “Interior 934 design” specifically excludes the design of or the 935 responsibility for architectural and engineering work, except 936 for specification of fixtures and their location within interior 937 spaces. As used in this subsection, “architectural and 938 engineering interior construction relating to the building 939 systems” includes, but is not limited to, construction of 940 structural, mechanical, plumbing, heating, air-conditioning, 941 ventilating, electrical, or vertical transportation systems, or 942 construction which materially affects lifesafety systems 943 pertaining to firesafety protection such as fire-rated 944 separations between interior spaces, fire-rated vertical shafts 945 in multistory structures, fire-rated protection of structural 946 elements, smoke evacuation and compartmentalization, emergency 947 ingress or egress systems, and emergency alarm systems. 948(9)“Registered interior designer” or “interior designer”949means a natural person who is licensed under this part.950 (11)(10)“Nonstructural element” means an element which 951 does not require structural bracing and which is something other 952 than a load-bearing wall, load-bearing column, or other load 953 bearing element of a building or structure which is essential to 954 the structural integrity of the building. 955 (12)(11)“Reflected ceiling plan” means a ceiling design 956 plan which is laid out as if it were projected downward and 957 which may include lighting and other elements. 958 (14)(12)“Space planning” means the analysis, programming, 959 or design of spatial requirements, including preliminary space 960 layouts and final planning. 961 (6)(13)“Common area” means an area that is held out for 962 use by all tenants or owners in a multiple-unit dwelling, 963 including, but not limited to, a lobby, elevator, hallway, 964 laundry room, clubhouse, or swimming pool. 965 (8)(14)“Diversified interior design experience” means 966 experience which substantially encompasses the various elements 967 of interior design services set forth under the definition of 968 “interior design” in subsection (10)(8). 969 (9)(15)“Interior decorator services” includes the 970 selection or assistance in selection of surface materials, 971 window treatments, wallcoverings, paint, floor coverings, 972 surface-mounted lighting, surface-mounted fixtures, and loose 973 furnishings not subject to regulation under applicable building 974 codes. 975 (13)(16)“Responsible supervising control” means the 976 exercise of direct personal supervision and control throughout 977 the preparation of documents, instruments of service, or any 978 other work requiring the seal and signature of a licensee under 979 this part. 980 Section 41. Subsection (1) and paragraph (a) of subsection 981 (3) of section 481.205, Florida Statutes, are amended to read: 982 481.205 Board of Architectureand Interior Design.— 983 (1) The Board of Architectureand Interior Designis 984 created within the Department of Business and Professional 985 Regulation. The board shall consist of seven11members. Five 986 members must be registered architects who have been engaged in 987 the practice of architecture for at least 5 years; three members988must be registered interior designers who have been offering989interior design services for at least 5 years and who are not990also registered architects;and twothreemembers must be 991 laypersons who are not, and have never been, architects,992interior designers,or members of any closely related profession 993 or occupation. At least one member of the board must be 60 years 994 of age or older. 995 (3)(a) Notwithstanding the provisions of ss. 455.225, 996 455.228, and 455.32, the duties and authority of the department 997 to receive complaints and investigate and discipline persons 998 licensed under this part, including the ability to determine 999 legal sufficiency and probable cause; to initiate proceedings 1000 and issue final orders for summary suspension or restriction of 1001 a license pursuant to s. 120.60(6); to issue notices of 1002 noncompliance, notices to cease and desist, subpoenas, and 1003 citations; to retain legal counsel, investigators, or 1004 prosecutorial staff in connection with the licensed practice of 1005 architectureand interior design; and to investigate and deter 1006 the unlicensed practice of architectureand interior designas 1007 provided in s. 455.228 are delegated to the board. All 1008 complaints and any information obtained pursuant to an 1009 investigation authorized by the board are confidential and 1010 exempt from s. 119.07(1) as provided in s. 455.225(2) and (10). 1011 Section 42. Section 481.207, Florida Statutes, is amended 1012 to read: 1013 481.207 Fees.—The board, by rule, may establishseparate1014 fees for architectsand interior designers, to be paid for 1015 applications, examination, reexamination, licensing and renewal, 1016 delinquency, reinstatement, and recordmaking and recordkeeping. 1017 The examination fee shall be in an amount that covers the cost 1018 of obtaining and administering the examination and shall be 1019 refunded if the applicant is found ineligible to sit for the 1020 examination. The application fee is nonrefundable. The fee for 1021 initial application and examination for architectsand interior1022designersmay not exceed $775 plus the actual per applicant cost 1023 to the department for purchase of the examination from the 1024 National Council of Architectural Registration Boardsor the1025National Council of Interior Design Qualifications,1026respectively,or similar national organizations. The biennial 1027 renewal fee for architects may not exceed $200.The biennial1028renewal fee for interior designers may not exceed $500.The 1029 delinquency fee may not exceed the biennial renewal fee 1030 established by the board for an active license. The board shall 1031 establish fees that are adequate to ensure the continued 1032 operation of the board and to fund the proportionate expenses 1033 incurred by the department which are allocated to the regulation 1034 of architectsand interior designers. Fees shall be based on 1035 department estimates of the revenue required to implement this 1036 part and the provisions of law with respect to the regulation of 1037 architectsand interior designers. 1038 Section 43. Section 481.209, Florida Statutes, is amended 1039 to read: 1040 481.209 Examinations.— 1041(1)A person desiring to be licensed as a registered 1042 architect by initial examination shall apply to the department, 1043 complete the application form, and remit a nonrefundable 1044 application fee. The department shall license any applicant who 1045 the board certifies:1046(a)has passed the licensure examination prescribed by 1047 board rule;and 1048(b)is a graduate of a school or college of architecture 1049 with a program accredited by the National Architectural 1050 Accreditation Board. 1051(2)A person desiring to be licensed as a registered1052interior designer shall apply to the department for licensure.1053The department shall administer the licensure examination for1054interior designers to each applicant who has completed the1055application form and remitted the application and examination1056fees specified in s. 481.207 and who the board certifies:1057(a)Is a graduate from an interior design program of 51058years or more and has completed 1 year of diversified interior1059design experience;1060(b)Is a graduate from an interior design program of 41061years or more and has completed 2 years of diversified interior1062design experience;1063(c)Has completed at least 3 years in an interior design1064curriculum and has completed 3 years of diversified interior1065design experience; or1066(d)Is a graduate from an interior design program of at1067least 2 years and has completed 4 years of diversified interior1068design experience.1069 1070Subsequent to October 1, 2000, for the purpose of having the1071educational qualification required under this subsection1072accepted by the board, the applicant must complete his or her1073education at a program, school, or college of interior design1074whose curriculum has been approved by the board as of the time1075of completion. Subsequent to October 1, 2003, all of the1076required amount of educational credits shall have been obtained1077in a program, school, or college of interior design whose1078curriculum has been approved by the board, as of the time each1079educational credit is gained. The board shall adopt rules1080providing for the review and approval of programs, schools, and1081colleges of interior design and courses of interior design study1082based on a review and inspection by the board of the curriculum1083of programs, schools, and colleges of interior design in the1084United States, including those programs, schools, and colleges1085accredited by the Foundation for Interior Design Education1086Research. The board shall adopt rules providing for the review1087and approval of diversified interior design experience required1088by this subsection.1089 Section 44. Subsections (1) through (4) of section 481.213, 1090 Florida Statutes, are amended to read: 1091 481.213 Licensure.— 1092 (1) The department shall license any applicant who the 1093 board certifies is qualified for licensure and who has paid the 1094 initial licensure fee.Licensure as an architect under this1095section shall be deemed to include all the rights and privileges1096of licensure as an interior designer under this section.1097 (2) The board shall certify for licensure by examination 1098 any applicant who passes the prescribed licensure examination 1099 and satisfies the requirements of ss. 481.209 and 481.211, for1100architects, or the requirements of s. 481.209, for interior1101designers. 1102 (3) The board shall certify as qualified for a license by 1103 endorsement as an architector as an interior designeran 1104 applicant who: 1105 (a) Qualifies to take the prescribed licensure examination, 1106 and has passed the prescribed licensure examination or a 1107 substantially equivalent examination in another jurisdiction, as 1108 set forth in s. 481.209 for architectsor interior designers, as1109applicable, and has satisfied the internship requirements set 1110 forth in s. 481.211 for architects; 1111 (b) Holds a valid license to practice architectureor1112interior designissued by another jurisdiction of the United 1113 States, if the criteria for issuance of such license were 1114 substantially equivalent to the licensure criteria that existed 1115 in this state at the time the license was issued;provided,1116however, that an applicant who has been licensed for use of the1117title “interior design” rather than licensed to practice1118interior design shall not qualify hereunder;or 1119 (c) Has passed the prescribed licensure examination and 1120 holds a valid certificate issued by the National Council of 1121 Architectural Registration Boards, and holds a valid license to 1122 practice architecture issued by another state or jurisdiction of 1123 the United States. 1124 1125 An architect who is licensed in another state who seeks 1126 qualification for license by endorsement under this subsection 1127 must complete a class approved by the board on the Florida 1128 Building Code. 1129 (4) The board may refuse to certify any applicant who has 1130 violated any of the provisions of s. 481.223,or s. 481.225,or1131s. 481.2251,as applicable. 1132 Section 45. Section 481.2131, Florida Statutes, is amended 1133 to read: 1134 481.2131 Interior design; practice requirements; disclosure1135of compensation for professional services.— 1136 (1)A registered interior designer is authorized to perform1137“interior design” as defined in s. 481.203. Interior design1138documents prepared by a registered interior designer shall1139contain a statement that the document is not an architectural or1140engineering study, drawing, specification, or design and is not1141to be used for construction of any load-bearing columns, load1142bearing framing or walls of structures, or issuance of any1143building permit, except as otherwise provided by law.Interior 1144 design documents that are preparedand sealedby ana registered1145 interior designer mustmay, if required by a permitting body, be 1146 accepted by the permitting bodybe submittedfor the issuance of 1147 a building permit for interior construction excluding design of 1148 any structural, mechanical, plumbing, heating, air-conditioning, 1149 ventilating, electrical, or vertical transportation systems or 1150 that materially affect lifesafety systems pertaining to 1151 firesafety protection such as fire-rated separations between 1152 interior spaces, fire-rated vertical shafts in multistory 1153 structures, fire-rated protection of structural elements, smoke 1154 evacuation and compartmentalization, emergency ingress or egress 1155 systems, and emergency alarm systems. Interior design documents 1156 submitted for the issuance of a building permit by an individual 1157 performing interior design services who is not a licensed 1158 architect must include written proof that such individual has 1159 successfully passed the qualification examination prescribed by 1160 either the National Council for Interior Design Qualification or 1161 the California Council for Interior Design Certification. All 1162 drawings, plans, specifications, or reports prepared or issued 1163 by the interior designer and filed for public record shall bear 1164 the signature of the interior designer who prepared or approved 1165 the document and the date on which they were signed. The 1166 signature and date shall be evidence of the authenticity of that 1167 to which they are affixed. Final plans, specifications, or 1168 reports prepared or issued by an interior designer may be 1169 transmitted electronically and may be electronically signed by 1170 the interior designer. 1171 (2) A license or registration is not required for a person 1172 whose occupation or practice is confined to interior design or 1173 interior decorator servicesAn interior designer shall, before1174entering into a contract, verbal or written, clearly determine1175the scope and nature of the project and the method or methods of1176compensation. The interior designer may offer professional1177services to the client as a consultant, specifier, or supplier1178on the basis of a fee, percentage, or markup. The interior1179designer shall have the responsibility of fully disclosing to1180the client the manner in which all compensation is to be paid.1181Unless the client knows and agrees, the interior designer shall1182not accept any form of compensation from a supplier of goods and1183services in cash or in kind. 1184 Section 46. Subsections (3) and (5) of section 481.215, 1185 Florida Statutes, are amended to read: 1186 481.215 Renewal of license.— 1187 (3) ANolicense renewal may notshallbe issued to an 1188 architector an interior designerby the department until the 1189 licensee submits proof satisfactory to the department that, 1190 during the 2 years beforeprior toapplication for renewal, the 1191 licensee participated per biennium in not less than 20 hours of 1192 at least 50 minutes each per biennium of continuing education 1193 approved by the board. The board shall approve only continuing 1194 education that builds upon the basic knowledge of architecture 1195or interior design. The board may make exception from the 1196 requirements of continuing education in emergency or hardship 1197 cases. 1198(5)Theboard shall require, by rule adopted pursuant to1199ss. 120.536(1) and 120.54, a specified number of hours in1200specialized or advanced courses, approved by the Florida1201Building Commission, on any portion of the Florida Building1202Code, adopted pursuant to part IV of chapter 553, relating to1203the licensee’s respective area of practice. 1204 Section 47. Subsection (1) of section 481.217, Florida 1205 Statutes, is amended to read: 1206 481.217 Inactive status.— 1207 (1) The board may prescribe by rule continuing education 1208 requirements as a condition of reactivating a license. The rules 1209 may not require more than one renewal cycle of continuing 1210 education to reactivate a license for a registered architector1211interior designer.For interior design, the board may approve1212only continuing education that builds upon the basic knowledge1213of interior design.1214 Section 48. Section 481.219, Florida Statutes, is amended 1215 to read: 1216 481.219 Qualification of business organizations 1217certification of partnerships, limited liability companies, and1218corporations.— 1219 (1) A licensee mayThe practice of or the offer topractice 1220 architectureor interior designby licenseesthrough a qualified 1221 business organization that offerscorporation, limited liability1222company, or partnership offeringarchitecturalor interior1223designservices to the public, or by a corporation, limited1224liability company, or partnership offering architectural or1225interior design services to the public through licensees under1226this part as agents, employees, officers, or partners, is1227permitted, subject to the provisions of this section. 1228 (2) If a licensee or an applicant proposes to engage in the 1229 practice of architecture as a business organization, the 1230 licensee or applicant shall qualify the business organization 1231 upon approval of the boardFor the purposes of this section, a1232certificate of authorization shall be required for a1233corporation, limited liability company, partnership, or person1234practicing under a fictitious name, offering architectural1235services to the public jointly or separately. However, when an1236individual is practicing architecture in her or his own name,1237she or he shall not be required to be certified under this1238section. Certification under this subsection to offer1239architectural services shall include all the rights and1240privileges of certification under subsection (3) to offer1241interior design services. 1242 (3)(a) A business organization may not engage in the 1243 practice of architecture unless its qualifying agent is a 1244 registered architect under this part. A qualifying agent who 1245 terminates an affiliation with a qualified business organization 1246 shall immediately notify the department of such termination. If 1247 such qualifying agent is the only qualifying agent for that 1248 business organization, the business organization must be 1249 qualified by another qualifying agent within 60 days after the 1250 termination. Except as provided in paragraph (b), the business 1251 organization may not engage in the practice of architecture 1252 until it is qualified by another qualifying agent. 1253 (b) In the event a qualifying agent ceases employment with 1254 a qualified business organization, the executive director or the 1255 chair of the board may authorize another registered architect 1256 employed by the business organization to temporarily serve as 1257 its qualifying agent for a period of no more than 60 days. The 1258 business organization is not authorized to operate beyond such 1259 period under this chapter absent replacement of the qualifying 1260 agent who has ceased employment. 1261 (c) A qualifying agent shall notify the department in 1262 writing before engaging in the practice of architecture in her 1263 or his own name or in affiliation with a different business 1264 organization, and she or he or such business organization shall 1265 supply the same information to the department as required of 1266 applicants under this part. 1267(3)For the purposes of this section, a certificate of1268authorization shall be required for a corporation, limited1269liability company, partnership, or person operating under a1270fictitious name, offering interior design services to the public1271jointly or separately. However, when an individual is practicing1272interior design in her or his own name, she or he shall not be1273required to be certified under this section.1274 (4) All final construction documents and instruments of 1275 service which include drawings, specifications, plans, reports, 1276 or other papers or documents that involveinvolvingthe practice 1277 of architecture which are prepared or approved for the use of 1278 the business organizationcorporation, limited liability1279company, or partnershipand filed for public record within the 1280 state mustshallbear the signature and seal of the licensee who 1281 prepared or approved them and the date on which they were 1282 sealed. 1283 (5)All drawings, specifications, plans, reports, or other1284papers or documents prepared or approved for the use of the1285corporation, limited liability company, or partnership by an1286interior designer in her or his professional capacity and filed1287for public record within the state shall bear the signature and1288seal of the licensee who prepared or approved them and the date1289on which they were sealed.1290(6)The department shall issue a certificate of1291authorization to any applicant who the board certifies as1292qualified for a certificate of authorization and who has paid1293the fee set in s. 481.207.1294(7)The board shall allow a licensee orcertifyan 1295 applicant to qualify one or more business organizationsas1296qualified for a certificate of authorizationto offer 1297 architecturalor interior designservices, or to use a 1298 fictitious name to offer such services, ifprovided that:1299(a)one or more of the principal officers of the 1300 corporation or limited liability company, or one or more 1301 partners of the partnership, and all personnel of the 1302 corporation, limited liability company, or partnership who act 1303 in its behalf in this state as architects, are registered as 1304 provided by this part; or1305(b)One or more of the principal officers of the1306corporation or one or more partners of the partnership, and all1307personnel of the corporation, limited liability company, or1308partnership who act in its behalf in this state as interior1309designers, are registered as provided by this part. 1310(8)The department shall adopt rules establishing a1311procedure for the biennial renewal of certificates of1312authorization.1313(9)The department shall renew a certificate of1314authorization upon receipt of the renewal application and1315biennial renewal fee.1316 (6)(10)Each qualifying agent who qualifies a business 1317 organization, partnership, limited liability company, orand1318 corporation certified under this section shall notify the 1319 department within 30 days afterofany change in the information 1320 contained in the application upon which the qualification 1321certificationis based. Any registered architect or interior 1322 designer who qualifies the business organization shall ensure 1323corporation, limited liability company, or partnership as1324provided in subsection (7) shall be responsible for ensuring1325 responsible supervising control of projects of the business 1326 organizationentityand shall notify the department of theupon1327 termination of her or his employment with a business 1328 organization qualifiedpartnership, limited liability company,1329or corporation certifiedunder this sectionshall notify the1330department of the terminationwithin 30 days after such 1331 termination. 1332 (7)(11)A business organization is notNo corporation,1333limited liability company, or partnership shall berelieved of 1334 responsibility for the conduct or acts of its agents, employees, 1335 or officers by reason of its compliance with this section. 1336 However, except as provided in s. 558.0035, the architect who 1337 signs and seals the construction documents and instruments of 1338 service isshall beliable for the professional services 1339 performed, and the interior designer who signs and seals the 1340 interior design drawings, plans, or specifications shall be 1341 liable for the professional services performed. 1342(12)Disciplinary action against a corporation, limited1343liability company, or partnership shall be administered in the1344same manner and on the same grounds as disciplinary action1345against a registered architect or interior designer,1346respectively.1347 (8)(13)Nothing inThis section may notshallbe construed 1348 to mean that a certificate of registration to practice 1349 architecture mustor interior design shallbe held by a business 1350 organizationcorporation, limited liability company, or1351partnership.Nothing inThis section does not prohibit a 1352 business organization from offeringprohibits corporations,1353limited liability companies, and partnerships from joining1354together to offerarchitectural, engineering,interior design,1355 surveying and mapping, and landscape architectural services, or 1356 any combination of such services, to the public if the business 1357 organization, provided that each corporation, limited liability1358company, or partnershipotherwise meets the requirements of law. 1359(14)Corporations, limited liability companies, or1360partnerships holding a valid certificate of authorization to1361practice architecture shall be permitted to use in their title1362the term “interior designer” or “registered interior designer.”1363 Section 49. Present subsections (4), (6), (8), (10), (11), 1364 and (12) of section 481.221, Florida Statutes, are redesignated 1365 as subsections (3), (4), (5), (6), (7), and (8), respectively, 1366 and present subsections (3), (5), (7), (9), (10), (11), and (12) 1367 of that section are amended, to read: 1368 481.221 Seals; display of certificate number.— 1369(3)The board shall adopt a rule prescribing the distinctly1370different seals to be used by registered interior designers1371holding valid certificates of registration. Each registered1372interior designer shall obtain a seal as prescribed by the1373board, and all drawings, plans, specifications, or reports1374prepared or issued by the registered interior designer and being1375filed for public record shall bear the signature and seal of the1376registered interior designer who prepared or approved the1377document and the date on which they were sealed. The signature,1378date, and seal shall be evidence of the authenticity of that to1379which they are affixed. Final plans, specifications, or reports1380prepared or issued by a registered interior designer may be1381transmitted electronically and may be signed by the registered1382interior designer, dated, and sealed electronically with the1383seal in accordance with ss. 668.001-668.006.1384(5)No registered interior designer shall affix, or permit1385to be affixed, her or his seal or signature to any plan,1386specification, drawing, or other document which depicts work1387which she or he is not competent or licensed to perform.1388(7)No registered interior designer shall affix her or his1389signature or seal to any plans, specifications, or other1390documents which were not prepared by her or him or under her or1391his responsible supervising control or by another registered1392interior designer and reviewed, approved, or modified and1393adopted by her or him as her or his own work according to rules1394adopted by the board.1395(9)Studies, drawings, specifications, and other related1396documents prepared by a registered interior designer in1397providing interior design services shall be of a sufficiently1398high standard to clearly and accurately indicate all essential1399parts of the work to which they refer.1400 (6)(10)Each registered architect mustor interior1401designer, and each corporation, limited liability company, or1402partnership holding a certificate of authorization, shall1403 include her or his licenseits certificatenumber in any 1404 newspaper, telephone directory, or other advertising medium used 1405 by the registered licenseearchitect, interior designer,1406corporation, limited liability company, or partnership. Each 1407 business organization must include the license number of the 1408 registered architect who serves as the qualifying agent for that 1409 business organization in any newspaper, telephone directory, or 1410 other advertising medium used by the business organization, but 1411 is not required to display the license numbers of other 1412 registered architects employed by the business organizationA1413corporation, limited liability company, or partnership is not1414required to display the certificate number of individual1415registered architects or interior designers employed by or1416working within the corporation, limited liability company, or1417partnership. 1418 (7)(11)When the certificate of registration of a 1419 registered architector interior designerhas been revoked or 1420 suspended by the board, the registered architector interior1421designershall surrender her or his seal to the secretary of the 1422 board within a period of 30 days after the revocation or 1423 suspension has become effective. If the certificate of the 1424 registered architector interior designerhas been suspended for 1425 a period of time, her or his seal shall be returned to her or 1426 him upon expiration of the suspension period. 1427 (8)(12)A person may not sign and seal by any means any 1428 final plan, specification, or report after her or his 1429 certificate of registration has expired or is suspended or 1430 revoked. A registered architector interior designerwhose 1431 certificate of registration is suspended or revoked shall, 1432 within 30 days after the effective date of the suspension or 1433 revocation, surrender her or his seal to the executive director 1434 of the board and confirm in writing to the executive director 1435 the cancellation of the registered architect’sor interior1436designer’selectronic signature in accordance with ss. 668.001 1437 668.006. When a registered architect’sor interior designer’s1438 certificate of registration is suspended for a period of time, 1439 her or his seal shall be returned upon expiration of the period 1440 of suspension. 1441 Section 50. Section 481.222, Florida Statutes, is amended 1442 to read: 1443 481.222 Architects performing building code inspection 1444 services.—Notwithstanding any other provision of law, a person 1445 who is currently licensed to practice as an architect under this 1446 part may provide building code inspection services described in 1447 s. 468.603(5) and (8) to a local government or state agency upon 1448 its request, without being certified by the Florida Building 1449 Code Administrators and Inspectors Board under part XII of 1450 chapter 468. With respect to the performance of such building 1451 code inspection services, the architect is subject to the 1452 disciplinary guidelines of this part and s. 468.621(1)(c)-(h). 1453 Any complaint processing, investigation, and discipline that 1454 arise out of an architect’s performance of building code 1455 inspection services shall be conducted by the Board of 1456 Architectureand Interior Designrather than the Florida 1457 Building Code Administrators and Inspectors Board. An architect 1458 may not perform plans review as an employee of a local 1459 government upon any job that the architect or the architect’s 1460 company designed. 1461 Section 51. Section 481.223, Florida Statutes, is amended 1462 to read: 1463 481.223 Prohibitions; penalties; injunctive relief.— 1464 (1) A person may not knowingly: 1465 (a) Practice architecture unless the person is an architect 1466 or a registered architect; however, a licensed architect who has 1467 been licensed by the board and who chooses to relinquish or not 1468 to renew his or her license may use the title “Architect, 1469 Retired” but may not otherwise render any architectural 1470 services. 1471(b)Practice interior design unless the person is a1472registered interior designer unless otherwise exempted herein;1473however, an interior designer who has been licensed by the board1474and who chooses to relinquish or not to renew his or her license1475may use the title “Interior Designer, Retired” but may not1476otherwise render any interior design services.1477 (b)(c)Use the name or title “architect” or “registered 1478 architect,”or “interior designer” or “registered interior1479designer,”or words to that effect, when the person is not then 1480 the holder of a valid license issued pursuant to this part. 1481 (c)(d)Present as his or her own the license of another. 1482 (d)(e)Give false or forged evidence to the board or a 1483 member thereof. 1484 (e)(f)Use or attempt to use an architector interior1485designerlicense that has been suspended, revoked, or placed on 1486 inactive or delinquent status. 1487 (f)(g)Employ unlicensed persons to practice architecture 1488or interior design. 1489 (g)(h)Conceal information relative to violations of this 1490 part. 1491 (2) Any person who violates any provision of subsection (1) 1492 commits a misdemeanor of the first degree, punishable as 1493 provided in s. 775.082 or s. 775.083. 1494 (3)(a) Notwithstanding chapter 455 or any other law to the 1495 contrary, an affected person may maintain an action for 1496 injunctive relief to restrain or prevent a person from violating 1497 paragraph (1)(a) or,paragraph (1)(b), or paragraph (1)(c). The 1498 prevailing party is entitled to actual costs and attorney’s 1499 fees. 1500 (b) For purposes of this subsection, the term “affected 1501 person” means a person directly affected by the actions of a 1502 person suspected of violating paragraph (1)(a) or,paragraph 1503 (1)(b), or paragraph (1)(c)and includes, but is not limited to, 1504 the department, any person who received services from the 1505 alleged violator, or any private association composed primarily 1506 of members of the profession the alleged violator is practicing 1507 or offering to practice or holding himself or herself out as 1508 qualified to practice. 1509 Section 52. Section 481.2251, Florida Statutes, is 1510 repealed. 1511 Section 53. Subsections (5) through (8) of section 481.229, 1512 Florida Statutes, are amended to read: 1513 481.229 Exceptions; exemptions from licensure.— 1514(5)(a)Nothing contained in this part shall prevent a1515registered architect or a partnership, limited liability1516company, or corporation holding a valid certificate of1517authorization to provide architectural services from performing1518any interior design service or from using the title “interior1519designer” or “registered interior designer.” 1520(b)Notwithstanding any other provision of this part, all1521persons licensed as architects under this part shall be1522qualified for interior design licensure upon submission of a1523completed application for such license and a fee not to exceed1524$30. Such persons shall be exempt from the requirements of s.1525481.209(2). For architects licensed as interior designers,1526satisfaction of the requirements for renewal of licensure as an1527architect under s. 481.215 shall be deemed to satisfy the1528requirements for renewal of licensure as an interior designer1529under that section. Complaint processing, investigation, or1530other discipline-related legal costs related to persons licensed1531as interior designers under this paragraph shall be assessed1532against the architects’ account of the Regulatory Trust Fund.1533(c)Notwithstanding any other provision of this part, any1534corporation, partnership, or person operating under a fictitious1535name which holds a certificate of authorization to provide1536architectural services shall be qualified, without fee, for a1537certificate of authorization to provide interior design services1538upon submission of a completed application therefor. For1539corporations, partnerships, and persons operating under a1540fictitious name which hold a certificate of authorization to1541provide interior design services, satisfaction of the1542requirements for renewal of the certificate of authorization to1543provide architectural services under s. 481.219 shall be deemed1544to satisfy the requirements for renewal of the certificate of1545authorization to provide interior design services under that1546section.1547(6)This part shall not apply to:1548(a)A person who performs interior design services or1549interior decorator services for any residential application,1550provided that such person does not advertise as, or represent1551himself or herself as, an interior designer. For purposes of1552this paragraph, “residential applications” includes all types of1553residences, including, but not limited to, residence buildings,1554single-family homes, multifamily homes, townhouses, apartments,1555condominiums, and domestic outbuildings appurtenant to one1556family or two-family residences. However, “residential1557applications” does not include common areas associated with1558instances of multiple-unit dwelling applications.1559(b)An employee of a retail establishment providing1560“interior decorator services” on the premises of the retail1561establishment or in the furtherance of a retail sale or1562prospective retail sale, provided that such employee does not1563advertise as, or represent himself or herself as, an interior1564designer.1565(7)Nothing in this part shall be construed as authorizing1566or permitting an interior designer to engage in the business of,1567or to act as, a contractor within the meaning of chapter 489,1568unless registered or certified as a contractor pursuant to1569chapter 489.1570 (5)(8)A manufacturer of commercial food service equipment 1571 or the manufacturer’s representative, distributor, or dealer or 1572 an employee thereof, who prepares designs, specifications, or 1573 layouts for the sale or installation of such equipment is exempt 1574 from licensure as an architector interior designer, if: 1575 (a) The designs, specifications, or layouts are not used 1576 for construction or installation that may affect structural, 1577 mechanical, plumbing, heating, air conditioning, ventilating, 1578 electrical, or vertical transportation systems. 1579 (b) The designs, specifications, or layouts do not 1580 materially affect lifesafety systems pertaining to firesafety 1581 protection, smoke evacuation and compartmentalization, and 1582 emergency ingress or egress systems. 1583 (c) Each design, specification, or layout document prepared 1584 by a person or entity exempt under this subsection contains a 1585 statement on each page of the document that the designs, 1586 specifications, or layouts are not architectural, interior1587design,or engineering designs, specifications, or layouts and 1588 not used for construction unless reviewed and approved by a 1589 licensed architect or engineer. 1590 Section 54. Subsection (1) of section 481.231, Florida 1591 Statutes, is amended to read: 1592 481.231 Effect of part locally.— 1593 (1)Nothing inThis part does notshall be construed to1594 repeal, amend, limit, or otherwise affect any specific provision 1595 of any local building code or zoning law or ordinance that has 1596 been duly adopted, now or hereafter enacted, which is more 1597 restrictive, with respect to the services of registered 1598 architectsor registered interior designers, thanthe provisions1599ofthis part; provided, however, that a licensed architect shall1600be deemed licensed as an interior designer for purposes of1601offering or rendering interior design services to a county,1602municipality, or other local government or political1603subdivision. 1604 Section 55. Section 481.303, Florida Statutes, is amended 1605 to read: 1606 481.303 Definitions.—As used in this chapter, the term: 1607 (1) “Board” means the Board of Landscape Architecture. 1608 (3)(2)“Department” means the Department of Business and 1609 Professional Regulation. 1610 (6)(3)“Registered landscape architect” means a person who 1611 holds a license to practice landscape architecture in this state 1612 under the authority of this act. 1613 (2)(4)“Certificate of registration” means a license issued 1614 by the department to a natural person to engage in the practice 1615 of landscape architecture. 1616(5)“Certificate of authorization” means a license issued1617by the department to a corporation or partnership to engage in1618the practice of landscape architecture.1619 (4)(6)“Landscape architecture” means professional 1620 services, including, but not limited to, the following: 1621 (a) Consultation, investigation, research, planning, 1622 design, preparation of drawings, specifications, contract 1623 documents and reports, responsible construction supervision, or 1624 landscape management in connection with the planning and 1625 development of land and incidental water areas, including the 1626 use of Florida-friendly landscaping as defined in s. 373.185, 1627 where, and to the extent that, the dominant purpose of such 1628 services or creative works is the preservation, conservation, 1629 enhancement, or determination of proper land uses, natural land 1630 features, ground cover and plantings, or naturalistic and 1631 aesthetic values; 1632 (b) The determination of settings, grounds, and approaches 1633 for and the siting of buildings and structures, outdoor areas, 1634 or other improvements; 1635 (c) The setting of grades, shaping and contouring of land 1636 and water forms, determination of drainage, and provision for 1637 storm drainage and irrigation systems where such systems are 1638 necessary to the purposes outlined herein; and 1639 (d) The design of such tangible objects and features as are 1640 necessary to the purpose outlined herein. 1641 (5)(7)“Landscape design” means consultation for and 1642 preparation of planting plans drawn for compensation, including 1643 specifications and installation details for plant materials, 1644 soil amendments, mulches, edging, gravel, and other similar 1645 materials. Such plans may include only recommendations for the 1646 conceptual placement of tangible objects for landscape design 1647 projects. Construction documents, details, and specifications 1648 for tangible objects and irrigation systems shall be designed or 1649 approved by licensed professionals as required by law. 1650 Section 56. Section 481.310, Florida Statutes, is amended 1651 to read: 1652 481.310 Practical experience requirement.—Beginning October 1653 1, 1990, every applicant for licensure as a registered landscape 1654 architect shall demonstrate, prior to licensure, 1 year of 1655 practical experience in landscape architectural work. An 1656 applicant who holds a master of landscape architecture degree 1657 and a bachelor’s degree in a related field is not required to 1658 demonstrate 1 year of practical experience in landscape 1659 architectural work to obtain licensure. The board shall adopt 1660 rules providing standards for the required experience. An 1661 applicant who qualifies for examination pursuant to s. 1662 481.309(1)(b)1. may obtain the practical experience after 1663 completing the required professional degree. Experience used to 1664 qualify for examination pursuant to s. 481.309(1)(b)2. may not 1665 be used to satisfy the practical experience requirement under 1666 this section. 1667 Section 57. Subsections (3) and (4) of section 481.311, 1668 Florida Statutes, are amended, to read: 1669 481.311 Licensure.— 1670 (3) The board shall certify as qualified for a license by 1671 endorsement an applicant who:1672(a)Qualifies to take the examination as set forth in s.1673481.309; and has passed a national, regional, state, or1674territorial licensing examination which is substantially1675equivalent to the examination required by s. 481.309;or1676(b)holds a valid license to practice landscape 1677 architecture issued by another state or territory of the United 1678 States, if the criteria for issuance of such license were1679substantially identical to the licensure criteria which existed1680in this state at the time the license was issued. 1681(4)The board shall certify as qualified for a certificate1682of authorization any applicant corporation or partnership who1683satisfies the requirements of s. 481.319.1684 Section 58. Subsection (2) of section 481.317, Florida 1685 Statutes, is amended to read: 1686 481.317 Temporary certificates.— 1687(2)Upon approval by the board and payment of the fee set1688in s. 481.307, the department shall grant a temporary1689certificate of authorization for work on one specified project1690in this state for a period not to exceed 1 year to an out-of1691state corporation, partnership, or firm, provided one of the1692principal officers of the corporation, one of the partners of1693the partnership, or one of the principals in the fictitiously1694named firm has obtained a temporary certificate of registration1695in accordance with subsection (1).1696 Section 59. Section 481.319, Florida Statutes, is amended 1697 to read: 1698 481.319 Corporate and partnership practice of landscape 1699 architecture; certificate of authorization.— 1700 (1) The practice of or offer to practice landscape 1701 architecture by registered landscape architects registered under 1702 this part through a corporation or partnership offering 1703 landscape architectural services to the public, or through a 1704 corporation or partnership offering landscape architectural 1705 services to the public through individual registered landscape 1706 architects as agents, employees, officers, or partners, is 1707 permitted, subject to the provisions of this section, if: 1708 (a) One or more of the principal officers of the 1709 corporation, or partners of the partnership, and all personnel 1710 of the corporation or partnership who act in its behalf as 1711 landscape architects in this state are registered landscape 1712 architects; and 1713 (b) One or more of the officers, one or more of the 1714 directors, one or more of the owners of the corporation, or one 1715 or more of the partners of the partnership is a registered 1716 landscape architect; and1717(c)The corporation or partnership has been issued a1718certificate of authorization by the board as provided herein. 1719 (2) All documents involving the practice of landscape 1720 architecture which are prepared for the use of the corporation 1721 or partnership shall bear the signature and seal of a registered 1722 landscape architect. 1723 (3) A landscape architect applying to practice in the name 1724 of aAn applicantcorporation mustshallfile with the 1725 department the names and addresses of all officers and board 1726 members of the corporation, including the principal officer or 1727 officers, duly registered to practice landscape architecture in 1728 this state and, also, of all individuals duly registered to 1729 practice landscape architecture in this state who shall be in 1730 responsible charge of the practice of landscape architecture by 1731 the corporation in this state. A landscape architect applying to 1732 practice in the name of aAn applicantpartnership mustshall1733 file with the department the names and addresses of all partners 1734 of the partnership, including the partner or partners duly 1735 registered to practice landscape architecture in this state and, 1736 also, of an individual or individuals duly registered to 1737 practice landscape architecture in this state who shall be in 1738 responsible charge of the practice of landscape architecture by 1739 said partnership in this state. 1740 (4) Each landscape architect qualifying a partnership or 1741andcorporationlicensedunder this part mustshallnotify the 1742 department within 1 month afterofany change in the information 1743 contained in the application upon which the license is based. 1744 Any landscape architect who terminates her or hisor her1745 employment with a partnership or corporation licensed under this 1746 part shall notify the department of the termination within 1 1747 month after such termination. 1748 (5)Disciplinary action against a corporation or1749partnership shall be administered in the same manner and on the1750same grounds as disciplinary action against a registered1751landscape architect.1752(6)Except as provided in s. 558.0035, the fact that a 1753 registered landscape architect practices landscape architecture 1754 through a corporation or partnership as provided in this section 1755 does not relieve the landscape architect from personal liability 1756 for her or hisor herprofessional acts. 1757 Section 60. Subsection (5) of section 481.321, Florida 1758 Statutes, is amended to read: 1759 481.321 Seals; display of certificate number.— 1760 (5) Each registered landscape architect mustand each1761corporation or partnership holding a certificate of1762authorization shallinclude her or hisitscertificate number in 1763 any newspaper, telephone directory, or other advertising medium 1764 used by the registered landscape architect, corporation, or 1765 partnership. A corporation or partnership mustis not required1766todisplay the certificate numbernumbersof at least one 1767 officer, director, owner, or partner who is aindividual1768 registered landscape architectarchitectsemployed by or 1769 practicing with the corporation or partnership. 1770 Section 61. Subsection (5) of section 481.329, Florida 1771 Statutes, is amended to read: 1772 481.329 Exceptions; exemptions from licensure.— 1773 (5) This part does not prohibit any person from engaging in 1774 the practice of landscape design, as defined in s. 481.303 1775481.303(7), or from submitting for approval to a governmental 1776 agency planting plans that are independent of, or a component 1777 of, construction documents that are prepared by a Florida 1778 registered professional. Persons providing landscape design 1779 services shall not use the title, term, or designation 1780 “landscape architect,” “landscape architectural,” “landscape 1781 architecture,” “L.A.,” “landscape engineering,” or any 1782 description tending to convey the impression that she or he is a 1783 landscape architect unless she or he is registered as provided 1784 in this part. 1785 Section 62. Subsection (9) of section 489.103, Florida 1786 Statutes, is amended to read: 1787 489.103 Exemptions.—This part does not apply to: 1788 (9) Any work or operation of a casual, minor, or 1789 inconsequential nature in which the aggregate contract price for 1790 labor, materials, and all other items is less than $2,500 1791$1,000, but this exemption does not apply: 1792 (a) If the construction, repair, remodeling, or improvement 1793 is a part of a larger or major operation, whether undertaken by 1794 the same or a different contractor, or in which a division of 1795 the operation is made in contracts of amounts less than $2,500 1796$1,000for the purpose of evading this part or otherwise. 1797 (b) To a person who advertises that he or she is a 1798 contractor or otherwise represents that he or she is qualified 1799 to engage in contracting. 1800 Section 63. Subsection (2) of section 489.111, Florida 1801 Statutes, is amended to read: 1802 489.111 Licensure by examination.— 1803 (2) A person shall be eligible for licensure by examination 1804 if the person: 1805 (a) Is 18 years of age; 1806 (b) Is of good moral character; and 1807 (c) Meets eligibility requirements according to one of the 1808 following criteria: 1809 1. Has received a baccalaureate degree from an accredited 1810 4-year college in the appropriate field of engineering, 1811 architecture, or building construction and has 1 year of proven 1812 experience in the category in which the person seeks to qualify. 1813 For the purpose of this part, a minimum of 2,000 person-hours 1814 shall be used in determining full-time equivalency. 1815 2. Has a total of at least 4 years of active experience as 1816 a worker who has learned the trade by serving an apprenticeship 1817 as a skilled worker who is able to command the rate of a 1818 mechanic in the particular trade or as a foreman who is in 1819 charge of a group of workers and usually is responsible to a 1820 superintendent or a contractor or his or her equivalent, 1821 provided, however, that at least 1 year of active experience 1822 shall be as a foreman. 1823 3. Has a combination of not less than 1 year of experience 1824 as a foreman and not less than 3 years of credits for any 1825 accredited college-level courses; has a combination of not less 1826 than 1 year of experience as a skilled worker, 1 year of 1827 experience as a foreman, and not less than 2 years of credits 1828 for any accredited college-level courses; or has a combination 1829 of not less than 2 years of experience as a skilled worker, 1 1830 year of experience as a foreman, and not less than 1 year of 1831 credits for any accredited college-level courses. All junior 1832 college or community college-level courses shall be considered 1833 accredited college-level courses. 1834 4.a. An active certified residential contractor is eligible 1835 to receive a certified building contractor license after passing 1836 or having previously passedtakethe building contractors’ 1837 examination if he or she possesses a minimum of 3 years of 1838 proven experience in the classification in which he or she is 1839 certified. 1840 b. An active certified residential contractor is eligible 1841 to receive a certified general contractor license after passing 1842 or having previously passedtakethe general contractors’ 1843 examination if he or she possesses a minimum of 4 years of 1844 proven experience in the classification in which he or she is 1845 certified. 1846 c. An active certified building contractor is eligible to 1847 receive a certified general contractor license after passing or 1848 having previously passedtakethe general contractors’ 1849 examination if he or she possesses a minimum of 4 years of 1850 proven experience in the classification in which he or she is 1851 certified. 1852 5.a. An active certified air-conditioning Class C 1853 contractor is eligible to receive a certified air-conditioning 1854 Class B contractor license after passing or having previously 1855 passedtakethe air-conditioning Class B contractors’ 1856 examination if he or she possesses a minimum of 3 years of 1857 proven experience in the classification in which he or she is 1858 certified. 1859 b. An active certified air-conditioning Class C contractor 1860 is eligible to receive a certified air-conditioning Class A 1861 contractor license after passing or having previously passed 1862takethe air-conditioning Class A contractors’ examination if he 1863 or she possesses a minimum of 4 years of proven experience in 1864 the classification in which he or she is certified. 1865 c. An active certified air-conditioning Class B contractor 1866 is eligible to receive a certified air-conditioning Class A 1867 contractor license after passing or having previously passed 1868takethe air-conditioning Class A contractors’ examination if he 1869 or she possesses a minimum of 1 year of proven experience in the 1870 classification in which he or she is certified. 1871 6.a. An active certified swimming pool servicing contractor 1872 is eligible to receive a certified residential swimming pool 1873 contractor license after passing or having previously passed 1874takethe residential swimming pool contractors’ examination if 1875 he or she possesses a minimum of 3 years of proven experience in 1876 the classification in which he or she is certified. 1877 b. An active certified swimming pool servicing contractor 1878 is eligible to receive a certified commercial swimming pool 1879 contractor license after passing or having previously passed 1880takethe swimming pool commercial contractors’ examination if he 1881 or she possesses a minimum of 4 years of proven experience in 1882 the classification in which he or she is certified. 1883 c. An active certified residential swimming pool contractor 1884 is eligible to receive a certified commercial swimming pool 1885 contractor license after passing or having previously passed 1886takethe commercial swimming pool contractors’ examination if he 1887 or she possesses a minimum of 1 year of proven experience in the 1888 classification in which he or she is certified. 1889 d. An applicant is eligible to receive a certified swimming 1890 pool/spa servicing contractor license after passing or having 1891 previously passedtakethe swimming pool/spa servicing 1892 contractors’ examination if he or she has satisfactorily 1893 completed 60 hours of instruction in courses related to the 1894 scope of work covered by that license and approved by the 1895 Construction Industry Licensing Board by rule and has at least 1 1896 year of proven experience related to the scope of work of such a 1897 contractor. 1898 Section 64. Subsection (3) of section 489.115, Florida 1899 Statutes, is amended to read: 1900 489.115 Certification and registration; endorsement; 1901 reciprocity; renewals; continuing education.— 1902 (3) The board shall certify as qualified for certification 1903 by endorsement any applicant who: 1904 (a) Meets the requirements for certification as set forth 1905 in this section; has passed a national, regional, state, or 1906 United States territorial licensing examination that is 1907 substantially equivalent to the examination required by this 1908 part; and has satisfied the requirements set forth in s. 1909 489.111; 1910 (b) Holds a valid license to practice contracting issued by 1911 another state or territory of the United States, if the criteria 1912 for issuance of such license were substantially equivalent to 1913 Florida’s current certification criteria;or1914 (c) Holds a valid, current license to practice contracting 1915 issued by another state or territory of the United States, if 1916 the state or territory has entered into a reciprocal agreement 1917 with the board for the recognition of contractor licenses issued 1918 in that state, based on criteria for the issuance of such 1919 licenses that are substantially equivalent to the criteria for 1920 certification in this state; or 1921 (d) Has held a valid, current license to practice 1922 contracting issued by another state or territory of the United 1923 States for at least 10 years before the date of application and 1924 is applying for the same or similar license in this state, 1925 subject to subsections (5)-(9). The board may consider whether 1926 such applicant has had a license to practice contracting 1927 revoked, suspended, or otherwise acted against by the licensing 1928 authority of another state, territory, or country. Such 1929 application must be made either when the license in another 1930 state or territory is active or within 2 years after such 1931 license was last active. 1932 Section 65. Subsection (5) of section 489.511, Florida 1933 Statutes, is amended to read: 1934 489.511 Certification; application; examinations; 1935 endorsement.— 1936 (5) The board shall certify as qualified for certification 1937 by endorsement any individual applying for certification who: 1938 (a) Meets the requirements for certification as set forth 1939 in this section; has passed a national, regional, state, or 1940 United States territorial licensing examination that is 1941 substantially equivalent to the examination required by this 1942 part; and has satisfied the requirements set forth in s. 1943 489.521;or1944 (b) Holds a valid license to practice electrical or alarm 1945 system contracting issued by another state or territory of the 1946 United States, if the criteria for issuance of such license was 1947 substantially equivalent to the certification criteria that 1948 existed in this state at the time the certificate was issued; or 1949 (c) Has held a valid, current license to practice 1950 electrical or alarm system contracting issued by another state 1951 or territory of the United States for at least 10 years before 1952 the date of application and is applying for the same or similar 1953 license in this state, subject to ss. 489.510 and 489.521(3)(a), 1954 and subparagraph (1)(b)1. Such application must be made either 1955 when the license in another state or territory is active or 1956 within 2 years after such license was last active. 1957 Section 66. Subsection (3) and paragraph (b) of subsection 1958 (4) of section 489.517, Florida Statutes, are amended to read: 1959 489.517 Renewal of certificate or registration; continuing 1960 education.— 1961 (3) Each certificateholder or registrant shall provide 1962 proof, in a form established by rule of the board, that the 1963 certificateholder or registrant has completed at least 7141964 classroom hours of at least 50 minutes each of continuing 1965 education courses during each biennium since the issuance or 1966 renewal of the certificate or registration. The board shall by 1967 rule establish criteria for the approval of continuing education 1968 courses and providers and may by rule establish criteria for 1969 accepting alternative nonclassroom continuing education on an 1970 hour-for-hour basis. 1971 (4) 1972 (b) Of the 714classroom hours of continuing education 1973 required, at least 1 hour7 hoursmust be on technical subjects, 1974 1 hour on workers’ compensation, 1 hour on workplace safety, 1 1975 hour on business practices, and for alarm system contractors and 1976 electrical contractors engaged in alarm system contracting, 2 1977 hours on false alarm prevention. 1978 Section 67. Paragraph (b) of subsection (1) of section 1979 489.518, Florida Statutes, is amended to read: 1980 489.518 Alarm system agents.— 1981 (1) A licensed electrical or alarm system contractor may 1982 not employ a person to perform the duties of a burglar alarm 1983 system agent unless the person: 1984 (b) Has successfully completed a minimum of 14 hours of 1985 training within 90 days after employment, to include basic alarm 1986 system electronics in addition to related training including 1987 CCTV and access control training, with at least 2 hours of 1988 training in the prevention of false alarms. Such training shall 1989 be from a board-approved provider, and the employee or applicant 1990 for employment shall provide proof of successful completion to 1991 the licensed employer. The board shall by rule establish 1992 criteria for the approval of training courses and providers and 1993 may by rule establish criteria for accepting alternative 1994 nonclassroom education on an hour-for-hour basis. The board 1995 shall approve providers that conduct training in other than the 1996 English language. The board shall establish a fee for the 1997 approval of training providers or courses, not to exceed $60. 1998 Qualified employers may conduct training classes for their 1999 employees, with board approval. 2000 Section 68. Paragraph (i) of subsection (2) of section 2001 548.003, Florida Statutes, is amended to read: 2002 548.003 Florida State Boxing Commission.— 2003 (2) The Florida State Boxing Commission, as created by 2004 subsection (1), shall administer the provisions of this chapter. 2005 The commission has authority to adopt rules pursuant to ss. 2006 120.536(1) and 120.54 to implement the provisions of this 2007 chapter and to implement each of the duties and responsibilities 2008 conferred upon the commission, including, but not limited to: 2009(i)Designation and duties of a knockdown timekeeper.2010 Section 69. Subsection (1) of section 548.017, Florida 2011 Statutes, is amended to read: 2012 548.017 Participants, managers, and other persons required 2013 to have licenses.— 2014 (1) A participant, manager, trainer, second,timekeeper,2015 referee, judge,announcer,physician, matchmaker, or promoter 2016 must be licensed before directly or indirectly acting in such 2017 capacity in connection with any match involving a participant. A 2018 physician approved by the commission must be licensed pursuant 2019 to chapter 458 or chapter 459, must maintain an unencumbered 2020 license in good standing, and must demonstrate satisfactory 2021 medical training or experience in boxing, or a combination of 2022 both, to the executive director before working as the ringside 2023 physician. 2024 Section 70. Paragraph (d) of subsection (1) of section 2025 553.5141, Florida Statutes, is amended to read: 2026 553.5141 Certifications of conformity and remediation 2027 plans.— 2028 (1) For purposes of this section: 2029 (d) “Qualified expert” means: 2030 1. An engineer licensed pursuant to chapter 471. 2031 2. A certified general contractor licensed pursuant to 2032 chapter 489. 2033 3. A certified building contractor licensed pursuant to 2034 chapter 489. 2035 4. A building code administrator licensed pursuant to 2036 chapter 468. 2037 5. A building inspector licensed pursuant to chapter 468. 2038 6. A plans examiner licensed pursuant to chapter 468. 2039 7. An interior designer who has passed the qualification 2040 examination prescribed by either the National Council for 2041 Interior Design Qualification or the California Council for 2042 Interior Design Certificationlicensed pursuant to chapter 481. 2043 8. An architect licensed pursuant to chapter 481. 2044 9. A landscape architect licensed pursuant to chapter 481. 2045 10. Any person who has prepared a remediation plan related 2046 to a claim under Title III of the Americans with Disabilities 2047 Act, 42 U.S.C. s. 12182, that has been accepted by a federal 2048 court in a settlement agreement or court proceeding, or who has 2049 been qualified as an expert in Title III of the Americans with 2050 Disabilities Act, 42 U.S.C. s. 12182, by a federal court. 2051 Section 71. Effective January 1, 2021, subsection (1) of 2052 section 553.74, Florida Statutes, is amended to read: 2053 553.74 Florida Building Commission.— 2054 (1) The Florida Building Commission is created and located 2055 within the Department of Business and Professional Regulation 2056 for administrative purposes. Members are appointed by the 2057 Governor subject to confirmation by the Senate. The commission 2058 is composed of 1927members, consisting of the following 2059 members: 2060 (a) One architect licensed pursuant to chapter 481 with at 2061 least 5 years of experience in the design and construction of 2062 buildings designated for Group E or Group I occupancies by the 2063 Florida Building Coderegistered to practice in this state and2064actively engaged in the profession. The American Institute of 2065 Architects, Florida Section, is encouraged to recommend a list 2066 of candidates for consideration. 2067 (b) One structural engineer registered to practice in this 2068 state and actively engaged in the profession. The Florida 2069 Engineering Society is encouraged to recommend a list of 2070 candidates for consideration. 2071 (c) One air-conditioning contractor,ormechanical 2072 contractor, or mechanical engineer certified to do business in 2073 this state and actively engaged in the profession. The Florida 2074 Air Conditioning Contractors Association, the Florida 2075 Refrigeration and Air Conditioning Contractors Association,and2076 the Mechanical Contractors Association of Florida, and the 2077 Florida Engineering Society are encouraged to recommend a list 2078 of candidates for consideration. 2079 (d) One electrical contractor or electrical engineer 2080 certified to do business in this state and actively engaged in 2081 the profession. The Florida Association of Electrical 2082 Contractors,andthe National Electrical Contractors 2083 Association, Florida Chapter, and the Florida Engineering 2084 Society are encouraged to recommend a list of candidates for 2085 consideration. 2086(e)One member from fire protection engineering or2087technology who is actively engaged in the profession. The2088Florida Chapter of the Society of Fire Protection Engineers and2089the Florida Fire Marshals and Inspectors Association are2090encouraged to recommend a list of candidates for consideration.2091 (e)(f)One certified general contractor or one certified 2092 building contractor certified to do business in this state and 2093 actively engaged in the profession. The Associated Builders and 2094 Contractors of Florida, the Florida Associated General 2095 Contractors Council, the Florida Home Builders Association, and 2096 the Union Contractors Association are encouraged to recommend a 2097 list of candidates for consideration. 2098 (f)(g)One plumbing contractor licensed to do business in 2099 this state and actively engaged in the profession. The Florida 2100 Association of Plumbing, Heating, and Cooling Contractors is 2101 encouraged to recommend a list of candidates for consideration. 2102 (g)(h)One roofing or sheet metal contractor certified to 2103 do business in this state and actively engaged in the 2104 profession. The Florida Roofing, Sheet Metal, and Air 2105 Conditioning Contractors Association and the Sheet Metal and Air 2106 Conditioning Contractors’ National Association are encouraged to 2107 recommend a list of candidates for consideration. 2108 (h)(i)One certified residential contractor licensed to do 2109 business in this state and actively engaged in the profession. 2110 The Florida Home Builders Association is encouraged to recommend 2111 a list of candidates for consideration. 2112 (i)(j)Three members who are municipal, county, or district 2113 codes enforcement officials, one of whom is also a fire 2114 official. The Building Officials Association of Florida and the 2115 Florida Fire Marshals and Inspectors Association are encouraged 2116 to recommend a list of candidates for consideration. 2117(k)One member who represents the Department of Financial2118Services.2119(l)One member who is a county codes enforcement official.2120The Building Officials Association of Florida is encouraged to2121recommend a list of candidates for consideration.2122 (j)(m)One member of a Florida-based organization of 2123 persons with disabilities or a nationally chartered organization 2124 of persons with disabilities with chapters in this state which 2125 complies with or is certified to be compliant with the 2126 requirements of the Americans with Disability Act of 1990, as 2127 amended. 2128 (k)(n)One member of the manufactured buildings industry 2129 who is licensed to do business in this state and is actively 2130 engaged in the industry. The Florida Manufactured Housing 2131 Association is encouraged to recommend a list of candidates for 2132 consideration. 2133(o)One mechanical or electrical engineer registered to2134practice in this state and actively engaged in the profession.2135The Florida Engineering Society is encouraged to recommend a2136list of candidates for consideration.2137(p)One member who is a representative of a municipality or2138a charter county. The Florida League of Cities and the Florida2139Association of Counties are encouraged to recommend a list of2140candidates for consideration.2141 (l)(q)One member of the building products manufacturing 2142 industry who is authorized to do business in this state and is 2143 actively engaged in the industry. The Florida Building Material 2144 Association, the Florida Concrete and Products Association, and 2145 the Fenestration Manufacturers Association are encouraged to 2146 recommend a list of candidates for consideration. 2147 (m)(r)One member who is a representative of the building 2148 owners and managers industry who is actively engaged in 2149 commercial building ownership or management. The Building Owners 2150 and Managers Association is encouraged to recommend a list of 2151 candidates for consideration. 2152 (n)(s)One member who is a representative of the insurance 2153 industry. The Florida Insurance Council is encouraged to 2154 recommend a list of candidates for consideration. 2155(t)One member who is a representative of public education.2156 (o)(u)One member who is a swimming pool contractor 2157 licensed to do business in this state and actively engaged in 2158 the profession. The Florida Swimming Pool Association and the 2159 United Pool and Spa Association are encouraged to recommend a 2160 list of candidates for consideration. 2161 (p)(v)One member who is a representative of the green 2162 building industry and who is a third-party commission agent, a 2163 Florida board member of the United States Green Building Council 2164 or Green Building Initiative, a professional who is accredited 2165 under the International Green Construction Code (IGCC), or a 2166 professional who is accredited under Leadership in Energy and 2167 Environmental Design (LEED). 2168 (q)(w)One member who is a representative of a natural gas 2169 distribution system and who is actively engaged in the 2170 distribution of natural gas in this state. The Florida Natural 2171 Gas Association is encouraged to recommend a list of candidates 2172 for consideration. 2173(x)One member who is a representative of the Department of2174Agriculture and Consumer Services’ Office of Energy. The2175Commissioner of Agriculture is encouraged to recommend a list of2176candidates for consideration.2177(y)One member who shall be the chair.2178 Section 72. Paragraph (c) of subsection (5) of section 2179 553.79, Florida Statutes, is amended to read: 2180 553.79 Permits; applications; issuance; inspections.— 2181 (5) 2182 (c) The architect or engineer of record may act as the 2183 special inspector provided she or he is on the Board of 2184 Professional Engineers’ or the Board of Architecture’s 2185Architecture and Interior Design’slist of persons qualified to 2186 be special inspectors. School boards may utilize employees as 2187 special inspectors provided such employees are on one of the 2188 professional licensing board’s list of persons qualified to be 2189 special inspectors. 2190 Section 73. Subsection (7) of section 558.002, Florida 2191 Statutes, is amended to read: 2192 558.002 Definitions.—As used in this chapter, the term: 2193 (7) “Design professional” means a person, as defined in s. 2194 1.01, who islicensed in this state asan architect, interior2195designer, a landscape architect, an engineer, a surveyor, or a 2196 geologist. 2197 Section 74. Subsection (3) of section 559.25, Florida 2198 Statutes, is amended to read: 2199 559.25 Exemptions.—The provisions of this part shall not 2200 apply to or affect the following persons: 2201(3)Duly licensed auctioneers, selling at auction.2202 Section 75. Paragraphs (h) and (k) of subsection (2) of 2203 section 287.055, Florida Statutes, are amended to read: 2204 287.055 Acquisition of professional architectural, 2205 engineering, landscape architectural, or surveying and mapping 2206 services; definitions; procedures; contingent fees prohibited; 2207 penalties.— 2208 (2) DEFINITIONS.—For purposes of this section: 2209 (h) A “design-build firm” means a partnership, corporation, 2210 or other legal entity that: 2211 1. Is certified under s. 489.119 to engage in contracting 2212 through a certified or registered general contractor or a 2213 certified or registered building contractor as the qualifying 2214 agent; or 2215 2. Is qualifiedcertifiedunder s. 471.023 to practice or 2216 to offer to practice engineering; qualifiedcertifiedunder s. 2217 481.219 to practice or to offer to practice architecture; or 2218 qualifiedcertifiedunder s. 481.319 to practice or to offer to 2219 practice landscape architecture. 2220 (k) A “design criteria professional” means a firm that is 2221 qualifiedwho holds a current certificate of registrationunder 2222 chapter 481 to practice architecture or landscape architecture 2223 or a firm who holds a current certificate as a registered 2224 engineer under chapter 471 to practice engineering and who is 2225 employed by or under contract to the agency for the providing of 2226 professional architect services, landscape architect services, 2227 or engineering services in connection with the preparation of 2228 the design criteria package. 2229 Section 76. Except as otherwise expressly provided in this 2230 act, this act shall take effect July 1, 2020.