Bill Text: FL S0526 | 2018 | Regular Session | Comm Sub


Bill Title: Deregulation of Professions and Occupations

Spectrum:

Status: (Failed) 2018-03-10 - Died in Commerce and Tourism [S0526 Detail]

Download: Florida-2018-S0526-Comm_Sub.html
       Florida Senate - 2018                              CS for SB 526
       
       
        
       By the Committee on Regulated Industries; and Senators Brandes
       and Bracy
       
       
       
       
       580-02408-18                                           2018526c1
    1                        A bill to be entitled                      
    2         An act relating to the deregulation of professions and
    3         occupations; amending s. 326.004, F.S.; deleting the
    4         requirement for a yacht broker to maintain a separate
    5         license for each branch office; deleting the
    6         requirement for the Division of Florida Condominiums,
    7         Timeshares, and Mobile Homes to establish a fee;
    8         amending s. 447.02, F.S.; conforming provisions;
    9         repealing s. 447.04, F.S., relating to licensure and
   10         permit requirements for business agents; repealing s.
   11         447.041, F.S., relating to hearings for persons or
   12         labor organizations denied licensure as a business
   13         agent; repealing s. 447.045, F.S., relating to
   14         confidential information obtained during the
   15         application process; repealing s. 447.06, F.S.,
   16         relating to required registration of labor
   17         organizations; amending s. 447.09, F.S.; deleting
   18         certain prohibited actions relating to the right of
   19         franchise of a member of a labor organization;
   20         repealing s. 447.12, F.S., relating to registration
   21         fees; repealing s. 447.16, F.S., relating to
   22         applicability; amending s. 447.305, F.S.; deleting a
   23         provision that requires notification of registrations
   24         and renewals to the Department of Business and
   25         Professional Regulation; amending s. 469.006, F.S.;
   26         revising licensure requirements for asbestos abatement
   27         consulting or contracting as a partnership,
   28         corporation, business trust, or other legal entity;
   29         amending s. 469.009, F.S.; conforming provisions;
   30         amending s. 476.034, F.S.; defining the terms
   31         “restricted barber” and “restricted barbering”;
   32         amending s. 476.114, F.S.; providing requirements for
   33         licensure by examination as a restricted barber;
   34         amending s. 476.144, F.S.; requiring the department to
   35         license an applicant who the board certifies is
   36         qualified to practice restricted barbering; amending
   37         s. 477.013, F.S.; revising and providing definitions;
   38         repealing s. 477.0132, F.S., relating to registration
   39         for hair braiding, hair wrapping, and body wrapping;
   40         amending s. 477.0135, F.S.; providing that licensure
   41         or registration is not required for persons whose
   42         occupation or practice is confined solely to hair
   43         braiding, hair wrapping, body wrapping, nail
   44         polishing, and makeup application; amending s.
   45         477.019, F.S.; conforming provisions; amending s.
   46         477.0201, F.S.; providing requirements for
   47         registration as a nail specialist, facial specialist,
   48         or full specialist; amending ss. 477.026, 477.0265,
   49         and 477.029, F.S.; conforming provisions; amending s.
   50         481.203, F.S.; revising a definition; amending s.
   51         481.219, F.S.; revising the process by which a
   52         business organization obtains the requisite license to
   53         perform architectural services or interior design;
   54         requiring that a licensee or an applicant apply to
   55         qualify a business organization to practice
   56         architecture or interior design; providing application
   57         requirements; authorizing the Board of Architecture
   58         and Interior Design to deny an application under
   59         certain circumstances; providing notice requirements;
   60         prohibiting a business organization from engaging in
   61         certain practices until it is qualified by a
   62         qualifying agent; authorizing the executive director
   63         or the chair of the board to authorize a temporary
   64         qualifying agent for a specified timeframe under
   65         certain circumstances; requiring the board to allow an
   66         applicant to qualify one or more business
   67         organizations or to operate using a fictitious name
   68         under certain circumstances; deleting a requirement
   69         for the administration of disciplinary action against
   70         a corporation, limited liability company, or
   71         partnership conforming provisions to changes made by
   72         the act; amending s. 481.221, F.S.; requiring a
   73         business organization to include the license number of
   74         a certain registered architect or interior designer in
   75         any advertising; providing an exception; conforming
   76         provisions to changes made by the act; amending s.
   77         481.229, F.S.; conforming provisions to changes made
   78         by the act; amending s. 481.303, F.S.; revising
   79         definitions; amending ss. 481.311 and 481.317, F.S.;
   80         conforming provisions; amending s. 481.319, F.S.;
   81         deleting the requirement for a certificate of
   82         authorization; authorizing landscape architects to
   83         practice through a corporation or partnership;
   84         amending s. 481.321, F.S.; revising requirements
   85         related to the display of a certificate number;
   86         amending s. 481.329, F.S.; conforming a cross
   87         reference; amending s. 287.055, F.S.; conforming a
   88         provision; amending s. 548.003, F.S.; deleting the
   89         requirement that the Florida State Boxing Commission
   90         adopt rules relating to a knockdown timekeeper;
   91         amending s. 548.017, F.S.; deleting the licensure
   92         requirement for a timekeeper or announcer; providing
   93         an effective date.
   94          
   95  Be It Enacted by the Legislature of the State of Florida:
   96  
   97         Section 1. Subsection (13) of section 326.004, Florida
   98  Statutes, is amended to read:
   99         326.004 Licensing.—
  100         (13) Each broker must maintain a principal place of
  101  business in this state and may establish branch offices in the
  102  state. A separate license must be maintained for each branch
  103  office. The division shall establish by rule a fee not to exceed
  104  $100 for each branch office license.
  105         Section 2. Subsection (3) of section 447.02, Florida
  106  Statutes, is amended to read:
  107         447.02 Definitions.—The following terms, when used in this
  108  chapter, shall have the meanings ascribed to them in this
  109  section:
  110         (3)The term “department” means the Department of Business
  111  and Professional Regulation.
  112         Section 3. Section 447.04, Florida Statutes, is repealed.
  113         Section 4. Section 447.041, Florida Statutes, is repealed.
  114         Section 5. Section 447.045, Florida Statutes, is repealed.
  115         Section 6. Section 447.06, Florida Statutes, is repealed.
  116         Section 7. Subsections (6) and (8) of section 447.09,
  117  Florida Statutes, are amended to read:
  118         447.09 Right of franchise preserved; penalties.—It shall be
  119  unlawful for any person:
  120         (6)To act as a business agent without having obtained and
  121  possessing a valid and subsisting license or permit.
  122         (8)To make any false statement in an application for a
  123  license.
  124         Section 8. Section 447.12, Florida Statutes, is repealed.
  125         Section 9. Section 447.16, Florida Statutes, is repealed.
  126         Section 10. Subsection (4) of section 447.305, Florida
  127  Statutes, is amended to read:
  128         447.305 Registration of employee organization.—
  129         (4)Notification of registrations and renewals of
  130  registration shall be furnished at regular intervals by the
  131  commission to the Department of Business and Professional
  132  Regulation.
  133         Section 11. Paragraphs (a) and (e) of subsection (2),
  134  subsection (3), paragraph (b) of subsection (4), and subsection
  135  (6) of section 469.006, Florida Statutes, are amended to read:
  136         469.006 Licensure of business organizations; qualifying
  137  agents.—
  138         (2)(a) If the applicant proposes to engage in consulting or
  139  contracting as a partnership, corporation, business trust, or
  140  other legal entity, or in any name other than the applicant’s
  141  legal name, the legal entity must apply for licensure through a
  142  qualifying agent or the individual applicant must apply for
  143  licensure under the fictitious name of the business
  144  organization.
  145         (e) A The license, when issued upon application of a
  146  business organization, must be in the name of the qualifying
  147  agent business organization, and the name of the business
  148  organization qualifying agent must be noted on the license
  149  thereon. If there is a change in any information that is
  150  required to be stated on the application, the qualifying agent
  151  business organization shall, within 45 days after such change
  152  occurs, mail the correct information to the department.
  153         (3) The qualifying agent must shall be licensed under this
  154  chapter in order for the business organization to be qualified
  155  licensed in the category of the business conducted for which the
  156  qualifying agent is licensed. If any qualifying agent ceases to
  157  be affiliated with such business organization, the agent shall
  158  so inform the department. In addition, if such qualifying agent
  159  is the only licensed individual affiliated with the business
  160  organization, the business organization shall notify the
  161  department of the termination of the qualifying agent and has
  162  shall have 60 days after from the date of termination of the
  163  qualifying agent’s affiliation with the business organization in
  164  which to employ another qualifying agent. The business
  165  organization may not engage in consulting or contracting until a
  166  qualifying agent is employed, unless the department has granted
  167  a temporary nonrenewable license to the financially responsible
  168  officer, the president, the sole proprietor, a partner, or, in
  169  the case of a limited partnership, the general partner, who
  170  assumes all responsibilities of a primary qualifying agent for
  171  the entity. This temporary license only allows shall only allow
  172  the entity to proceed with incomplete contracts.
  173         (4)
  174         (b) Upon a favorable determination by the department, after
  175  investigation of the financial responsibility, credit, and
  176  business reputation of the qualifying agent and the new business
  177  organization, the department shall issue, without any
  178  examination, a new license in the qualifying agent’s business
  179  organization’s name, and the name of the business organization
  180  qualifying agent shall be noted thereon.
  181         (6) Each qualifying agent shall pay the department an
  182  amount equal to the original fee for licensure of a new business
  183  organization. if the qualifying agent for a business
  184  organization desires to qualify additional business
  185  organizations., The department shall require the agent to
  186  present evidence of supervisory ability and financial
  187  responsibility of each such organization. Allowing a licensee to
  188  qualify more than one business organization must shall be
  189  conditioned upon the licensee showing that the licensee has both
  190  the capacity and intent to adequately supervise each business
  191  organization. The department may shall not limit the number of
  192  business organizations that which the licensee may qualify
  193  except upon the licensee’s failure to provide such information
  194  as is required under this subsection or upon a finding that the
  195  such information or evidence as is supplied is incomplete or
  196  unpersuasive in showing the licensee’s capacity and intent to
  197  comply with the requirements of this subsection. A qualification
  198  for an additional business organization may be revoked or
  199  suspended upon a finding by the department that the licensee has
  200  failed in the licensee’s responsibility to adequately supervise
  201  the operations of the business organization. Failure to
  202  adequately supervise the operations of a business organization
  203  is shall be grounds for denial to qualify additional business
  204  organizations.
  205         Section 12. Subsection (1) of section 469.009, Florida
  206  Statutes, is amended to read:
  207         469.009 License revocation, suspension, and denial of
  208  issuance or renewal.—
  209         (1) The department may revoke, suspend, or deny the
  210  issuance or renewal of a license; reprimand, censure, or place
  211  on probation any contractor, consultant, or financially
  212  responsible officer, or business organization; require financial
  213  restitution to a consumer; impose an administrative fine not to
  214  exceed $5,000 per violation; require continuing education; or
  215  assess costs associated with any investigation and prosecution
  216  if the contractor or consultant, or business organization or
  217  officer or agent thereof, is found guilty of any of the
  218  following acts:
  219         (a) Willfully or deliberately disregarding or violating the
  220  health and safety standards of the Occupational Safety and
  221  Health Act of 1970, the Construction Safety Act, the National
  222  Emission Standards for Asbestos, the Environmental Protection
  223  Agency Asbestos Abatement Projects Worker Protection Rule, the
  224  Florida Statutes or rules promulgated thereunder, or any
  225  ordinance enacted by a political subdivision of this state.
  226         (b) Violating any provision of chapter 455.
  227         (c) Failing in any material respect to comply with the
  228  provisions of this chapter or any rule promulgated hereunder.
  229         (d) Acting in the capacity of an asbestos contractor or
  230  asbestos consultant under any license issued under this chapter
  231  except in the name of the licensee as set forth on the issued
  232  license.
  233         (e) Proceeding on any job without obtaining all applicable
  234  approvals, authorizations, permits, and inspections.
  235         (f) Obtaining a license by fraud or misrepresentation.
  236         (g) Being convicted or found guilty of, or entering a plea
  237  of nolo contendere to, regardless of adjudication, a crime in
  238  any jurisdiction which directly relates to the practice of
  239  asbestos consulting or contracting or the ability to practice
  240  asbestos consulting or contracting.
  241         (h) Knowingly violating any building code, lifesafety code,
  242  or county or municipal ordinance relating to the practice of
  243  asbestos consulting or contracting.
  244         (i) Performing any act which assists a person or entity in
  245  engaging in the prohibited unlicensed practice of asbestos
  246  consulting or contracting, if the licensee knows or has
  247  reasonable grounds to know that the person or entity was
  248  unlicensed.
  249         (j) Committing mismanagement or misconduct in the practice
  250  of contracting that causes financial harm to a customer.
  251  Financial mismanagement or misconduct occurs when:
  252         1. Valid liens have been recorded against the property of a
  253  contractor’s customer for supplies or services ordered by the
  254  contractor for the customer’s job; the contractor has received
  255  funds from the customer to pay for the supplies or services; and
  256  the contractor has not had the liens removed from the property,
  257  by payment or by bond, within 75 days after the date of such
  258  liens;
  259         2. The contractor has abandoned a customer’s job and the
  260  percentage of completion is less than the percentage of the
  261  total contract price paid to the contractor as of the time of
  262  abandonment, unless the contractor is entitled to retain such
  263  funds under the terms of the contract or refunds the excess
  264  funds within 30 days after the date the job is abandoned; or
  265         3. The contractor’s job has been completed, and it is shown
  266  that the customer has had to pay more for the contracted job
  267  than the original contract price, as adjusted for subsequent
  268  change orders, unless such increase in cost was the result of
  269  circumstances beyond the control of the contractor, was the
  270  result of circumstances caused by the customer, or was otherwise
  271  permitted by the terms of the contract between the contractor
  272  and the customer.
  273         (k) Being disciplined by any municipality or county for an
  274  act or violation of this chapter.
  275         (l) Failing in any material respect to comply with the
  276  provisions of this chapter, or violating a rule or lawful order
  277  of the department.
  278         (m) Abandoning an asbestos abatement project in which the
  279  asbestos contractor is engaged or under contract as a
  280  contractor. A project may be presumed abandoned after 20 days if
  281  the contractor terminates the project without just cause and
  282  without proper notification to the owner, including the reason
  283  for termination; if the contractor fails to reasonably secure
  284  the project to safeguard the public while work is stopped; or if
  285  the contractor fails to perform work without just cause for 20
  286  days.
  287         (n) Signing a statement with respect to a project or
  288  contract falsely indicating that the work is bonded; falsely
  289  indicating that payment has been made for all subcontracted
  290  work, labor, and materials which results in a financial loss to
  291  the owner, purchaser, or contractor; or falsely indicating that
  292  workers’ compensation and public liability insurance are
  293  provided.
  294         (o) Committing fraud or deceit in the practice of asbestos
  295  consulting or contracting.
  296         (p) Committing incompetency or misconduct in the practice
  297  of asbestos consulting or contracting.
  298         (q) Committing gross negligence, repeated negligence, or
  299  negligence resulting in a significant danger to life or property
  300  in the practice of asbestos consulting or contracting.
  301         (r) Intimidating, threatening, coercing, or otherwise
  302  discouraging the service of a notice to owner under part I of
  303  chapter 713 or a notice to contractor under chapter 255 or part
  304  I of chapter 713.
  305         (s) Failing to satisfy, within a reasonable time, the terms
  306  of a civil judgment obtained against the licensee, or the
  307  business organization qualified by the licensee, relating to the
  308  practice of the licensee’s profession.
  309  
  310  For the purposes of this subsection, construction is considered
  311  to be commenced when the contract is executed and the contractor
  312  has accepted funds from the customer or lender.
  313         Section 13. Subsections (2) and (3) of section 476.034,
  314  Florida Statutes, are amended, and subsections (6) and (7) are
  315  added to that section, to read:
  316         476.034 Definitions.—As used in this act:
  317         (2) “Barbering” means any of the following practices when
  318  done for remuneration and for the public, but not when done for
  319  the treatment of disease or physical or mental ailments:
  320  shaving, cutting, trimming, coloring, shampooing, arranging,
  321  dressing, curling, or waving the hair or beard or applying oils,
  322  creams, lotions, or other preparations to the face, scalp, or
  323  neck, either by hand or by mechanical appliances, and includes
  324  any services defined as restricted barbering.
  325         (3) “Barbershop” means any place of business wherein the
  326  practice of barbering or restricted barbering is carried on.
  327         (6)“Restricted barber” means a person who is licensed to
  328  engage in the practice of restricted barbering in this state
  329  under the authority of this chapter and is subject to the same
  330  requirements and restrictions as a barber, except as
  331  specifically provided in s. 476.114.
  332         (7)“Restricted barbering” means any of the following
  333  practices when done for remuneration and for the public, but not
  334  when done for the treatment of disease or physical or mental
  335  ailments:
  336         (a)Hair cutting and styling, including the application of
  337  hair tonics and hair spray, but not including the application of
  338  other chemical preparations or solutions to the hair;
  339         (b)Full facial shaves;
  340         (c)Mustache and beard trimming; and
  341         (d)Shampooing hair, including the application of shampoos
  342  and conditioners, and blow drying the hair.
  343         Section 14. Section 476.114, Florida Statutes, is amended
  344  to read:
  345         476.114 Examination; prerequisites.—
  346         (1) A person desiring to be licensed as a barber shall
  347  apply to the department for licensure and.
  348         (2)An applicant shall be eligible for licensure by
  349  examination to practice barbering if the applicant:
  350         (a) Is at least 16 years of age;
  351         (b) Pays the required application fee; and
  352         (c)1. Holds an active valid license to practice barbering
  353  in another state, has held the license for at least 1 year, and
  354  does not qualify for licensure by endorsement as provided for in
  355  s. 476.144(5); or
  356         2. Has received a minimum of 1,200 hours of training as
  357  established by the board, which shall include, but shall not be
  358  limited to, the equivalent of completion of services directly
  359  related to the practice of barbering at one of the following:
  360         a. A school of barbering licensed pursuant to chapter 1005;
  361         b. A barbering program within the public school system; or
  362         c. A government-operated barbering program in this state.
  363  
  364  The board shall establish by rule procedures whereby the school
  365  or program may certify that a person is qualified to take the
  366  required examination after the completion of a minimum of 1,000
  367  actual school hours. If the person passes the examination, she
  368  or he shall have satisfied this requirement; but if the person
  369  fails the examination, she or he shall not be qualified to take
  370  the examination again until the completion of the full
  371  requirements provided by this section.
  372         (2)A person desiring to be licensed as a restricted barber
  373  shall apply to the department for licensure and shall be
  374  eligible for licensure by examination to practice restricted
  375  barbering if the applicant:
  376         (a)Is at least 16 years of age;
  377         (b)Pays the required application fee; and
  378         (c)1.Holds an active valid license to practice barbering
  379  in another state, has held the license for at least 1 year, and
  380  does not qualify for licensure by endorsement as provided for in
  381  s. 476.144(5); or
  382         2.Has received a minimum of 325 hours of training in
  383  sanitation, safety, and laws and rules, as established by the
  384  board, which must include, but not be limited to, the equivalent
  385  of completion of services directly related to the practice of
  386  restricted barbering at one of the following:
  387         a.A school of barbering licensed pursuant to chapter 1005;
  388         b.A barbering program within the public school system; or
  389         c.A government-operated barbering program in this state.
  390         (3) An applicant who meets the requirements set forth in
  391  subparagraphs (1)(c)1. and 2. subparagraphs (2)(c)1. and 2. who
  392  fails to pass the examination may take subsequent examinations
  393  as many times as necessary to pass, except that the board may
  394  specify by rule reasonable timeframes for rescheduling the
  395  examination and additional training requirements for applicants
  396  who, after the third attempt, fail to pass the examination.
  397  Before Prior to reexamination, the applicant must file the
  398  appropriate form and pay the reexamination fee as required by
  399  rule.
  400         Section 15. Subsections (1) and (6) of section 476.144,
  401  Florida Statutes, are amended to read:
  402         476.144 Licensure.—
  403         (1) The department shall license any applicant who the
  404  board certifies is qualified to practice barbering or restricted
  405  barbering in this state.
  406         (6) A person may apply for a restricted license to practice
  407  barbering. The board shall adopt rules specifying procedures for
  408  an applicant to obtain a restricted license if the applicant:
  409         (a)1. Has successfully completed a restricted barber
  410  course, as established by rule of the board, at a school of
  411  barbering licensed pursuant to chapter 1005, a barbering program
  412  within the public school system, or a government-operated
  413  barbering program in this state; or
  414         2.a. Holds or has within the previous 5 years held an
  415  active valid license to practice barbering in another state or
  416  country or has held a Florida barbering license which has been
  417  declared null and void for failure to renew the license, and the
  418  applicant fulfilled the requirements of s. 476.114(2)(c)2. for
  419  initial licensure; and
  420         b. Has not been disciplined relating to the practice of
  421  barbering in the previous 5 years; and
  422         (b) Passes a written examination on the laws and rules
  423  governing the practice of barbering in Florida, as established
  424  by the board.
  425  
  426  The restricted license shall limit the licensee’s practice to
  427  those specific areas in which the applicant has demonstrated
  428  competence pursuant to rules adopted by the board.
  429         Section 16. Subsections (6) and (9) of section 477.013,
  430  Florida Statutes, are amended to read:
  431         477.013 Definitions.—As used in this chapter:
  432         (6) “Specialty” means the practice of one or more of the
  433  following:
  434         (a) “Nail specialty” means manicuring, or the cutting,
  435  polishing, tinting, coloring, cleansing, adding, or extending of
  436  the nails, and massaging of the hands. This term includes any
  437  procedure or process for the affixing of artificial nails,
  438  except those nails which may be applied solely by use of a
  439  simple adhesive; and.
  440         (b) pedicuring, or the shaping, polishing, tinting, or
  441  cleansing of the nails of the feet, and massaging or beautifying
  442  of the feet.
  443         (b)(c)“Facial specialty” means facials, or the massaging
  444  or treating of the face or scalp with oils, creams, lotions, or
  445  other preparations, and skin care services.
  446         (c)“Full specialty” means all services within the
  447  definition of nail specialty and facial specialty, including
  448  manicuring, pedicuring, and facial services.
  449         (9) “Hair braiding” means the weaving or interweaving of
  450  natural human hair or commercial hair, including the use of hair
  451  extensions or wefts, for compensation without cutting, coloring,
  452  permanent waving, relaxing, removing, or chemical treatment and
  453  does not include the use of hair extensions or wefts.
  454         Section 17. Section 477.0132, Florida Statutes, is
  455  repealed.
  456         Section 18. Subsections (7), (8), (9), (10), and (11) are
  457  added to section 477.0135, Florida Statutes, to read:
  458         477.0135 Exemptions.—
  459         (7)A license or registration is not required for a person
  460  whose occupation or practice is confined solely to hair braiding
  461  as defined in s. 477.013(9).
  462         (8)A license or registration is not required for a person
  463  whose occupation or practice is confined solely to hair wrapping
  464  as defined in s. 477.013(10).
  465         (9)A license or registration is not required for a person
  466  whose occupation or practice is confined solely to body wrapping
  467  as defined in s. 477.013(12).
  468         (10)A license or registration is not required for a person
  469  whose occupation or practice is confined solely to applying
  470  polish to fingernails and toenails.
  471         (11)A license or registration is not required for a person
  472  whose occupation or practice is confined solely to makeup
  473  application.
  474         Section 19. Paragraph (b) of subsection (7) of section
  475  477.019, Florida Statutes, is amended to read:
  476         477.019 Cosmetologists; qualifications; licensure;
  477  supervised practice; license renewal; endorsement; continuing
  478  education.—
  479         (7)
  480         (b)Any person whose occupation or practice is confined
  481  solely to hair braiding, hair wrapping, or body wrapping is
  482  exempt from the continuing education requirements of this
  483  subsection.
  484         Section 20. Present subsections (2) through (6) of section
  485  477.0201, Florida Statutes, are redesignated as subsections (4)
  486  through (8), respectively, new subsections (2) and (3) are added
  487  to that section, and subsection (1) of that section is amended
  488  to read:
  489         477.0201 Specialty registration; qualifications;
  490  registration renewal; endorsement.—
  491         (1) Any person is qualified for registration as a
  492  specialist in a nail any one or more of the specialty practice
  493  practices within the practice of cosmetology under this chapter
  494  who:
  495         (a) Is at least 16 years of age or has received a high
  496  school diploma.
  497         (b) Has received at least 150 hours of training as
  498  established by the board, which must focus primarily on
  499  sanitation and safety and must include, but not be limited to,
  500  the equivalent of completion of services directly related to the
  501  practice of a nail a certificate of completion in a specialty
  502  pursuant to s. 477.013(6)(a) 477.013(6) from one of the
  503  following:
  504         1. A school licensed pursuant to s. 477.023.
  505         2. A school licensed pursuant to chapter 1005 or the
  506  equivalent licensing authority of another state.
  507         3. A specialty program within the public school system.
  508         4. A specialty division within the Cosmetology Division of
  509  the Florida School for the Deaf and the Blind, provided the
  510  training programs comply with minimum curriculum requirements
  511  established by the board.
  512         (2)Any person is qualified for registration as a
  513  specialist in a facial specialty practice within the practice of
  514  cosmetology under this chapter who:
  515         (a)Is at least 16 years of age or has received a high
  516  school diploma.
  517         (b)Has received at least 165 hours of training as
  518  established by the board, which must focus on sanitation and
  519  safety and must include, but not be limited to, the equivalent
  520  of completion of services directly related to the practice of
  521  facial specialty pursuant to s. 477.013(6)(b) from one of the
  522  following:
  523         1.A school licensed pursuant to s. 477.023.
  524         2.A school licensed pursuant to chapter 1005 or the
  525  equivalent licensing authority of another state.
  526         3.A specialty program within the public school system.
  527         4.A specialty division within the Cosmetology Division of
  528  the Florida School for the Deaf and the Blind, provided the
  529  training programs comply with minimum curriculum requirements
  530  established by the board.
  531         (3)Any person is qualified for registration as a
  532  specialist in a full specialty practice within the practice of
  533  cosmetology under this chapter who:
  534         (a)Is at least 16 years of age or has received a high
  535  school diploma.
  536         (b)Has received at least 300 hours of training as
  537  established by the board, which must focus primarily on
  538  sanitation and safety and must include, but not be limited to,
  539  the equivalent of completion of services directly related to the
  540  practice of full specialty pursuant to s. 477.013(6)(c) from one
  541  of the following:
  542         1.A school licensed pursuant to s. 477.023.
  543         2.A school licensed pursuant to chapter 1005 or the
  544  equivalent licensing authority of another state.
  545         3.A specialty program within the public school system.
  546         4.A specialty division within the Cosmetology Division of
  547  the Florida School for the Deaf and the Blind, provided the
  548  training programs comply with minimum curriculum requirements
  549  established by the board.
  550         Section 21. Paragraph (f) of subsection (1) of section
  551  477.026, Florida Statutes, is amended to read:
  552         477.026 Fees; disposition.—
  553         (1) The board shall set fees according to the following
  554  schedule:
  555         (f)For hair braiders, hair wrappers, and body wrappers,
  556  fees for registration shall not exceed $25.
  557         Section 22. Paragraph (f) of subsection (1) of section
  558  477.0265, Florida Statutes, is amended to read:
  559         477.0265 Prohibited acts.—
  560         (1) It is unlawful for any person to:
  561         (f) Advertise or imply that skin care services or body
  562  wrapping, as performed under this chapter, have any relationship
  563  to the practice of massage therapy as defined in s. 480.033(3),
  564  except those practices or activities defined in s. 477.013.
  565         Section 23. Paragraph (a) of subsection (1) of section
  566  477.029, Florida Statutes, is amended to read:
  567         477.029 Penalty.—
  568         (1) It is unlawful for any person to:
  569         (a) Hold himself or herself out as a cosmetologist or,
  570  specialist, hair wrapper, hair braider, or body wrapper unless
  571  duly licensed or registered, or otherwise authorized, as
  572  provided in this chapter.
  573         Section 24. Subsection (5) of section 481.203, Florida
  574  Statutes, is amended to read:
  575         481.203 Definitions.—As used in this part:
  576         (5) “Business organization” means a partnership, a limited
  577  liability company, a corporation, or an individual operating
  578  under a fictitious name “Certificate of authorization” means a
  579  certificate issued by the department to a corporation or
  580  partnership to practice architecture or interior design.
  581         Section 25. Section 481.219, Florida Statutes, is amended
  582  to read:
  583         481.219 Business organization; qualifying agents
  584  Certification of partnerships, limited liability companies, and
  585  corporations.—
  586         (1) A licensee may The practice of or the offer to practice
  587  architecture or interior design by licensees through a business
  588  organization that offers corporation, limited liability company,
  589  or partnership offering architectural or interior design
  590  services to the public, or through by a business organization
  591  that offers corporation, limited liability company, or
  592  partnership offering architectural or interior design services
  593  to the public through such licensees under this part as agents,
  594  employees, officers, or partners, is permitted, subject to the
  595  provisions of this section.
  596         (2) If a licensee or an applicant proposes to engage in the
  597  practice of architecture or interior design as a business
  598  organization, the licensee or applicant must apply to qualify
  599  the business organization For the purposes of this section, a
  600  certificate of authorization shall be required for a
  601  corporation, limited liability company, partnership, or person
  602  practicing under a fictitious name, offering architectural
  603  services to the public jointly or separately. However, when an
  604  individual is practicing architecture in her or his own name,
  605  she or he shall not be required to be certified under this
  606  section. Certification under this subsection to offer
  607  architectural services shall include all the rights and
  608  privileges of certification under subsection (3) to offer
  609  interior design services.
  610         (a)An application to qualify a business organization must:
  611         1.If the business is a partnership, state the names of the
  612  partnership and its partners.
  613         2.If the business is a corporation, state the names of the
  614  corporation and its officers and directors and the name of each
  615  of its stockholders who is also an officer or a director.
  616         3.If the business is operating under a fictitious name,
  617  state the fictitious name under which it is doing business.
  618         4.If the business is not a partnership, a corporation, or
  619  operating under a fictitious name, state the name of such other
  620  legal entity and its members.
  621         (b)The board may deny an application to qualify a business
  622  organization if the applicant or any person required to be named
  623  pursuant to paragraph (a) has been involved in past disciplinary
  624  actions or on any grounds for which an individual registration
  625  may be denied.
  626         (3)(a)A business organization may not engage in the
  627  practice of architecture unless its qualifying agent is a
  628  registered architect under this part. A business organization
  629  may not engage in the practice of interior design unless its
  630  qualifying agent is a registered architect or a registered
  631  interior designer under this part. A qualifying agent who
  632  terminates her or his affiliation with a business organization
  633  shall immediately notify the department of such termination. If
  634  the qualifying agent who terminates her or his affiliation is
  635  the only qualifying agent for a business organization, the
  636  business organization must be qualified by another qualifying
  637  agent within 60 days after the termination. Except as provided
  638  in paragraph (b), the business organization may not engage in
  639  the practice of architecture or interior design until it is
  640  qualified by a qualifying agent.
  641         (b)In the event a qualifying architect or interior
  642  designer ceases employment with the business organization, the
  643  executive director or the chair of the board may authorize
  644  another registered architect or interior designer employed by
  645  the business organization to temporarily serve as its qualifying
  646  agent for a period of no more than 60 days. The business
  647  organization is not authorized to operate beyond such period
  648  under this chapter absent replacement of the qualifying
  649  architect or interior designer who has ceased employment.
  650         (c)A qualifying agent shall notify the department in
  651  writing before engaging in the practice of architecture or
  652  interior design in her or his own name or in affiliation with a
  653  different business organization, and she or he or such business
  654  organization shall supply the same information to the department
  655  as required of applicants under this part For the purposes of
  656  this section, a certificate of authorization shall be required
  657  for a corporation, limited liability company, partnership, or
  658  person operating under a fictitious name, offering interior
  659  design services to the public jointly or separately. However,
  660  when an individual is practicing interior design in her or his
  661  own name, she or he shall not be required to be certified under
  662  this section.
  663         (4) All final construction documents and instruments of
  664  service which include drawings, specifications, plans, reports,
  665  or other papers or documents that involve involving the practice
  666  of architecture which are prepared or approved for the use of
  667  the business organization corporation, limited liability
  668  company, or partnership and filed for public record within the
  669  state must shall bear the signature and seal of the licensee who
  670  prepared or approved them and the date on which they were
  671  sealed.
  672         (5) All drawings, specifications, plans, reports, or other
  673  papers or documents prepared or approved for the use of the
  674  business organization corporation, limited liability company, or
  675  partnership by an interior designer in her or his professional
  676  capacity and filed for public record within the state must shall
  677  bear the signature and seal of the licensee who prepared or
  678  approved them and the date on which they were sealed.
  679         (6)The department shall issue a certificate of
  680  authorization to any applicant who the board certifies as
  681  qualified for a certificate of authorization and who has paid
  682  the fee set in s. 481.207.
  683         (6)(7) The board shall allow certify an applicant to
  684  qualify one or more business organizations as qualified for a
  685  certificate of authorization to offer architectural or interior
  686  design services, or to use a fictitious name to offer such
  687  services, if provided that:
  688         (a) One or more of the principal officers of the
  689  corporation or limited liability company, or one or more
  690  partners of the partnership, and all personnel of the
  691  corporation, limited liability company, or partnership who act
  692  in its behalf in this state as architects, are registered as
  693  provided by this part; or
  694         (b) One or more of the principal officers of the
  695  corporation or one or more partners of the partnership, and all
  696  personnel of the corporation, limited liability company, or
  697  partnership who act in its behalf in this state as interior
  698  designers, are registered as provided by this part.
  699         (8)The department shall adopt rules establishing a
  700  procedure for the biennial renewal of certificates of
  701  authorization.
  702         (9)The department shall renew a certificate of
  703  authorization upon receipt of the renewal application and
  704  biennial renewal fee.
  705         (7)(10) Each qualifying agent approved to qualify a
  706  business organization partnership, limited liability company,
  707  and corporation certified under this section shall notify the
  708  department within 30 days after of any change in the information
  709  contained in the application upon which the qualification
  710  certification is based. Any registered architect or interior
  711  designer who qualifies the business organization shall ensure
  712  corporation, limited liability company, or partnership as
  713  provided in subsection (7) shall be responsible for ensuring
  714  responsible supervising control of projects of the business
  715  organization entity and shall notify the department of the upon
  716  termination of her or his employment with a business
  717  organization qualified partnership, limited liability company,
  718  or corporation certified under this section shall notify the
  719  department of the termination within 30 days after such
  720  termination.
  721         (8)(11)A business organization is not No corporation,
  722  limited liability company, or partnership shall be relieved of
  723  responsibility for the conduct or acts of its agents, employees,
  724  or officers by reason of its compliance with this section.
  725  However, except as provided in s. 558.0035, the architect who
  726  signs and seals the construction documents and instruments of
  727  service is shall be liable for the professional services
  728  performed, and the interior designer who signs and seals the
  729  interior design drawings, plans, or specifications is shall be
  730  liable for the professional services performed.
  731         (12)Disciplinary action against a corporation, limited
  732  liability company, or partnership shall be administered in the
  733  same manner and on the same grounds as disciplinary action
  734  against a registered architect or interior designer,
  735  respectively.
  736         (9)(13)Nothing in This section may not shall be construed
  737  to mean that a certificate of registration to practice
  738  architecture or interior design must shall be held by a business
  739  organization corporation, limited liability company, or
  740  partnership. Nothing in This section does not prohibit a
  741  business organization from offering prohibits corporations,
  742  limited liability companies, and partnerships from joining
  743  together to offer architectural, engineering, interior design,
  744  surveying and mapping, and landscape architectural services, or
  745  any combination of such services, to the public if the business
  746  organization, provided that each corporation, limited liability
  747  company, or partnership otherwise meets the requirements of law.
  748         (10)(14)A business organization that is qualified by a
  749  registered architect may use Corporations, limited liability
  750  companies, or partnerships holding a valid certificate of
  751  authorization to practice architecture shall be permitted to use
  752  in their title the term “interior designer” or “registered
  753  interior designer” in its title. designer.”
  754         Section 26. Subsection (10) of section 481.221, Florida
  755  Statutes, is amended to read:
  756         481.221 Seals; display of certificate number.—
  757         (10) Each registered architect or interior designer must,
  758  and each corporation, limited liability company, or partnership
  759  holding a certificate of authorization, shall include her or his
  760  license its certificate number in any newspaper, telephone
  761  directory, or other advertising medium used by the registered
  762  licensee architect, interior designer, corporation, limited
  763  liability company, or partnership. Each business organization
  764  must include the license number of the registered architect or
  765  interior designer who serves as the qualifying agent for that
  766  business organization in any newspaper, telephone directory, or
  767  other advertising medium used by the business organization, but
  768  is not required to display the license numbers of other
  769  registered architects or interior designers employed by the
  770  business organization A corporation, limited liability company,
  771  or partnership is not required to display the certificate number
  772  of individual registered architects or interior designers
  773  employed by or working within the corporation, limited liability
  774  company, or partnership.
  775         Section 27. Paragraphs (a) and (c) of subsection (5) of
  776  section 481.229, Florida Statutes, are amended to read:
  777         481.229 Exceptions; exemptions from licensure.—
  778         (5)(a) Nothing contained in This part does not prohibit
  779  shall prevent a registered architect or a qualified business
  780  organization partnership, limited liability company, or
  781  corporation holding a valid certificate of authorization to
  782  provide architectural services from performing any interior
  783  design service or from using the title “interior designer” or
  784  “registered interior designer.”
  785         (c) Notwithstanding any other provision of this part, a
  786  registered architect or business organization qualified any
  787  corporation, partnership, or person operating under a fictitious
  788  name which holds a certificate of authorization to provide
  789  architectural services must shall be qualified, without fee, for
  790  a certificate of authorization to provide interior design
  791  services upon submission of a completed application for
  792  qualification therefor. For corporations, partnerships, and
  793  persons operating under a fictitious name which hold a
  794  certificate of authorization to provide interior design
  795  services, satisfaction of the requirements for renewal of the
  796  certificate of authorization to provide architectural services
  797  under s. 481.219 shall be deemed to satisfy the requirements for
  798  renewal of the certificate of authorization to provide interior
  799  design services under that section.
  800         Section 28. Section 481.303, Florida Statutes, is reordered
  801  and amended to read:
  802         481.303 Definitions.—As used in this chapter:
  803         (1) “Board” means the Board of Landscape Architecture.
  804         (2)“Business organization” means any partnership, limited
  805  liability company, corporation, or individual operating under a
  806  fictitious name.
  807         (4)(2) “Department” means the Department of Business and
  808  Professional Regulation.
  809         (7)(3) “Registered landscape architect” means a person who
  810  holds a license to practice landscape architecture in this state
  811  under the authority of this act.
  812         (3)(4) “Certificate of registration” means a license issued
  813  by the department to a natural person to engage in the practice
  814  of landscape architecture.
  815         (5) “Certificate of authorization” means a license issued
  816  by the department to a corporation or partnership to engage in
  817  the practice of landscape architecture.
  818         (5)(6) “Landscape architecture” means professional
  819  services, including, but not limited to, the following:
  820         (a) Consultation, investigation, research, planning,
  821  design, preparation of drawings, specifications, contract
  822  documents and reports, responsible construction supervision, or
  823  landscape management in connection with the planning and
  824  development of land and incidental water areas, including the
  825  use of Florida-friendly landscaping as defined in s. 373.185,
  826  where, and to the extent that, the dominant purpose of such
  827  services or creative works is the preservation, conservation,
  828  enhancement, or determination of proper land uses, natural land
  829  features, ground cover and plantings, or naturalistic and
  830  aesthetic values;
  831         (b) The determination of settings, grounds, and approaches
  832  for and the siting of buildings and structures, outdoor areas,
  833  or other improvements;
  834         (c) The setting of grades, shaping and contouring of land
  835  and water forms, determination of drainage, and provision for
  836  storm drainage and irrigation systems where such systems are
  837  necessary to the purposes outlined herein; and
  838         (d) The design of such tangible objects and features as are
  839  necessary to the purpose outlined herein.
  840         (6)(7) “Landscape design” means consultation for and
  841  preparation of planting plans drawn for compensation, including
  842  specifications and installation details for plant materials,
  843  soil amendments, mulches, edging, gravel, and other similar
  844  materials. Such plans may include only recommendations for the
  845  conceptual placement of tangible objects for landscape design
  846  projects. Construction documents, details, and specifications
  847  for tangible objects and irrigation systems shall be designed or
  848  approved by licensed professionals as required by law.
  849         Section 29. Subsection (4) of section 481.311, Florida
  850  Statutes, is amended to read:
  851         481.311 Licensure.—
  852         (4)The board shall certify as qualified for a certificate
  853  of authorization any applicant corporation or partnership who
  854  satisfies the requirements of s. 481.319.
  855         Section 30. Subsection (2) of section 481.317, Florida
  856  Statutes, is amended to read:
  857         481.317 Temporary certificates.—
  858         (2)Upon approval by the board and payment of the fee set
  859  in s. 481.307, the department shall grant a temporary
  860  certificate of authorization for work on one specified project
  861  in this state for a period not to exceed 1 year to an out-of
  862  state corporation, partnership, or firm, provided one of the
  863  principal officers of the corporation, one of the partners of
  864  the partnership, or one of the principals in the fictitiously
  865  named firm has obtained a temporary certificate of registration
  866  in accordance with subsection (1).
  867         Section 31. Section 481.319, Florida Statutes, is amended
  868  to read:
  869         481.319 Corporate and partnership practice of landscape
  870  architecture; certificate of authorization.—
  871         (1) The practice of or offer to practice landscape
  872  architecture by registered landscape architects registered under
  873  this part through a corporation or partnership offering
  874  landscape architectural services to the public, or through a
  875  corporation or partnership offering landscape architectural
  876  services to the public through individual registered landscape
  877  architects as agents, employees, officers, or partners, is
  878  permitted, subject to the provisions of this section, if:
  879         (a) One or more of the principal officers of the
  880  corporation, or partners of the partnership, and all personnel
  881  of the corporation or partnership who act in its behalf as
  882  landscape architects in this state are registered landscape
  883  architects; and
  884         (b) One or more of the officers, one or more of the
  885  directors, one or more of the owners of the corporation, or one
  886  or more of the partners of the partnership is a registered
  887  landscape architect and has applied to be the qualifying agent
  888  for the business organization; and
  889         (c)The corporation or partnership has been issued a
  890  certificate of authorization by the board as provided herein.
  891         (2) All documents involving the practice of landscape
  892  architecture which are prepared for the use of the corporation
  893  or partnership shall bear the signature and seal of a registered
  894  landscape architect.
  895         (3) A landscape architect applying to practice in the name
  896  of a An applicant corporation must shall file with the
  897  department the names and addresses of all officers and board
  898  members of the corporation, including the principal officer or
  899  officers, duly registered to practice landscape architecture in
  900  this state and, also, of all individuals duly registered to
  901  practice landscape architecture in this state who shall be in
  902  responsible charge of the practice of landscape architecture by
  903  the corporation in this state. A landscape architect applying to
  904  practice in the name of a An applicant partnership must shall
  905  file with the department the names and addresses of all partners
  906  of the partnership, including the partner or partners duly
  907  registered to practice landscape architecture in this state and,
  908  also, of an individual or individuals duly registered to
  909  practice landscape architecture in this state who shall be in
  910  responsible charge of the practice of landscape architecture by
  911  said partnership in this state.
  912         (4) Each landscape architect qualifying a partnership or
  913  and corporation licensed under this part must shall notify the
  914  department within 1 month after of any change in the information
  915  contained in the application upon which the license is based.
  916  Any landscape architect who terminates her or his or her
  917  employment with a partnership or corporation licensed under this
  918  part shall notify the department of the termination within 1
  919  month after such termination.
  920         (5)Disciplinary action against a corporation or
  921  partnership shall be administered in the same manner and on the
  922  same grounds as disciplinary action against a registered
  923  landscape architect.
  924         (5)(6) Except as provided in s. 558.0035, the fact that a
  925  registered landscape architect practices landscape architecture
  926  through a corporation or partnership as provided in this section
  927  does not relieve the landscape architect from personal liability
  928  for her or his or her professional acts.
  929         Section 32. Subsection (5) of section 481.321, Florida
  930  Statutes, is amended to read:
  931         481.321 Seals; display of certificate number.—
  932         (5) Each registered landscape architect must and each
  933  corporation or partnership holding a certificate of
  934  authorization shall include her or his its certificate number in
  935  any newspaper, telephone directory, or other advertising medium
  936  used by the registered landscape architect, corporation, or
  937  partnership. A corporation or partnership must is not required
  938  to display the certificate number numbers of at least one
  939  officer, director, owner, or partner who is a individual
  940  registered landscape architect architects employed by or
  941  practicing with the corporation or partnership.
  942         Section 33. Subsection (5) of section 481.329, Florida
  943  Statutes, is amended to read:
  944         481.329 Exceptions; exemptions from licensure.—
  945         (5) This part does not prohibit any person from engaging in
  946  the practice of landscape design, as defined in s. 481.303(6)
  947  481.303(7), or from submitting for approval to a governmental
  948  agency planting plans that are independent of, or a component
  949  of, construction documents that are prepared by a Florida
  950  registered professional. Persons providing landscape design
  951  services may shall not use the title, term, or designation
  952  “landscape architect,” “landscape architectural,” “landscape
  953  architecture,” “L.A.,” “landscape engineering,” or any
  954  description tending to convey the impression that she or he is a
  955  landscape architect unless she or he is registered as provided
  956  in this part.
  957         Section 34. Paragraph (h) of subsection (2) of section
  958  287.055, Florida Statutes, is amended to read:
  959         287.055 Acquisition of professional architectural,
  960  engineering, landscape architectural, or surveying and mapping
  961  services; definitions; procedures; contingent fees prohibited;
  962  penalties.—
  963         (2) DEFINITIONS.—For purposes of this section:
  964         (h) A “design-build firm” means a partnership, corporation,
  965  or other legal entity that:
  966         1. Is certified under s. 489.119 to engage in contracting
  967  through a certified or registered general contractor or a
  968  certified or registered building contractor as the qualifying
  969  agent; or
  970         2. Is certified under s. 471.023 to practice or to offer to
  971  practice engineering; qualified certified under s. 481.219 to
  972  practice or to offer to practice architecture; or qualified
  973  certified under s. 481.319 to practice or to offer to practice
  974  landscape architecture.
  975         Section 35. Present paragraphs (j) and (k) of subsection
  976  (2) of section 548.003, Florida Statutes, are redesignated as
  977  paragraphs (i) and (j), respectively, and present paragraph (i)
  978  of that subsection is amended, to read:
  979         548.003 Florida State Boxing Commission.—
  980         (2) The Florida State Boxing Commission, as created by
  981  subsection (1), shall administer the provisions of this chapter.
  982  The commission has authority to adopt rules pursuant to ss.
  983  120.536(1) and 120.54 to implement the provisions of this
  984  chapter and to implement each of the duties and responsibilities
  985  conferred upon the commission, including, but not limited to:
  986         (i)Designation and duties of a knockdown timekeeper.
  987         Section 36. Subsection (1) of section 548.017, Florida
  988  Statutes, is amended to read:
  989         548.017 Participants, managers, and other persons required
  990  to have licenses.—
  991         (1) A participant, manager, trainer, second, timekeeper,
  992  referee, judge, announcer, physician, matchmaker, or promoter
  993  must be licensed before directly or indirectly acting in such
  994  capacity in connection with any match involving a participant. A
  995  physician approved by the commission must be licensed pursuant
  996  to chapter 458 or chapter 459, must maintain an unencumbered
  997  license in good standing, and must demonstrate satisfactory
  998  medical training or experience in boxing, or a combination of
  999  both, to the executive director before working as the ringside
 1000  physician.
 1001         Section 37. This act shall take effect July 1, 2018.

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