Bill Text: FL S0526 | 2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Deregulation of Professions and Occupations
Spectrum:
Status: (Failed) 2018-03-10 - Died in Commerce and Tourism [S0526 Detail]
Download: Florida-2018-S0526-Introduced.html
Bill Title: Deregulation of Professions and Occupations
Spectrum:
Status: (Failed) 2018-03-10 - Died in Commerce and Tourism [S0526 Detail]
Download: Florida-2018-S0526-Introduced.html
Florida Senate - 2018 SB 526 By Senator Brandes 24-00757-18 2018526__ 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.; revising training 33 requirements for licensure as a barber; providing 34 requirements for licensure by examination as a 35 restricted barber; amending s. 476.144, F.S.; 36 requiring the department to license an applicant who 37 the board certifies is qualified to practice 38 restricted barbering; amending s. 477.013, F.S.; 39 revising and providing definitions; repealing s. 40 477.0132, F.S., relating to registration for hair 41 braiding, hair wrapping, and body wrapping; amending 42 s. 477.0135, F.S.; providing that licensure or 43 registration is not required for persons whose 44 occupation or practice is confined solely to hair 45 braiding, hair wrapping, body wrapping, nail 46 polishing, and makeup application; amending s. 47 477.019, F.S.; conforming provisions; amending s. 48 477.0201, F.S.; providing requirements for 49 registration as a nail specialist, facial specialist, 50 or full specialist; amending ss. 477.026, 477.0265, 51 and 477.029, F.S.; conforming provisions; amending s. 52 481.203, F.S.; revising a definition; amending s. 53 481.219, F.S.; revising the process by which a 54 business organization obtains the requisite license to 55 perform architectural services or interior design; 56 requiring that a licensee or an applicant apply to 57 qualify a business organization to practice 58 architecture or interior design; providing application 59 requirements; authorizing the Board of Architecture 60 and Interior Design to deny an application under 61 certain circumstances; providing notice requirements; 62 prohibiting a business organization from engaging in 63 certain practices until it is qualified by a 64 qualifying agent; authorizing the executive director 65 or the chair of the board to authorize a temporary 66 qualifying agent for a specified timeframe under 67 certain circumstances; requiring the board to allow an 68 applicant to qualify one or more business 69 organizations or to operate using a fictitious name 70 under certain circumstances; deleting a requirement 71 for the administration of disciplinary action against 72 a corporation, limited liability company, or 73 partnership conforming provisions to changes made by 74 the act; amending s. 481.221, F.S.; requiring a 75 business organization to include the license number of 76 a certain registered architect or interior designer in 77 any advertising; providing an exception; conforming 78 provisions to changes made by the act; amending s. 79 481.229, F.S.; conforming provisions to changes made 80 by the act; amending s. 481.303, F.S.; revising 81 definitions; amending ss. 481.311 and 481.317, F.S.; 82 conforming provisions; amending s. 481.319, F.S.; 83 deleting the requirement for a certificate of 84 authorization; authorizing landscape architects to 85 practice through a corporation or partnership; 86 amending s. 481.321, F.S.; revising requirements 87 related to the display of a certificate number; 88 amending s. 481.329, F.S.; conforming a cross 89 reference; amending s. 287.055, F.S.; conforming a 90 provision; amending s. 548.003, F.S.; deleting the 91 requirement that the Florida State Boxing Commission 92 adopt rules relating to a knockdown timekeeper; 93 amending s. 548.017, F.S.; deleting the licensure 94 requirement for a timekeeper or announcer; providing 95 an effective date. 96 97 Be It Enacted by the Legislature of the State of Florida: 98 99 Section 1. Subsection (13) of section 326.004, Florida 100 Statutes, is amended to read: 101 326.004 Licensing.— 102 (13) Each broker must maintain a principal place of 103 business in this state and may establish branch offices in the 104 state.A separate license must be maintained for each branch105office. The division shall establish by rule a fee not to exceed106$100 for each branch office license.107 Section 2. Subsection (3) of section 447.02, Florida 108 Statutes, is amended to read: 109 447.02 Definitions.—The following terms, when used in this 110 chapter, shall have the meanings ascribed to them in this 111 section: 112(3)The term “department” means the Department of Business113and Professional Regulation.114 Section 3. Section 447.04, Florida Statutes, is repealed. 115 Section 4. Section 447.041, Florida Statutes, is repealed. 116 Section 5. Section 447.045, Florida Statutes, is repealed. 117 Section 6. Section 447.06, Florida Statutes, is repealed. 118 Section 7. Subsections (6) and (8) of section 447.09, 119 Florida Statutes, are amended to read: 120 447.09 Right of franchise preserved; penalties.—It shall be 121 unlawful for any person: 122(6)To act as a business agent without having obtained and123possessing a valid and subsisting license or permit.124(8)To make any false statement in an application for a125license.126 Section 8. Section 447.12, Florida Statutes, is repealed. 127 Section 9. Section 447.16, Florida Statutes, is repealed. 128 Section 10. Subsection (4) of section 447.305, Florida 129 Statutes, is amended to read: 130 447.305 Registration of employee organization.— 131(4)Notification of registrations and renewals of132registration shall be furnished at regular intervals by the133commission to the Department of Business and Professional134Regulation.135 Section 11. Paragraphs (a) and (e) of subsection (2), 136 subsection (3), paragraph (b) of subsection (4), and subsection 137 (6) of section 469.006, Florida Statutes, are amended to read: 138 469.006 Licensure of business organizations; qualifying 139 agents.— 140 (2)(a) If the applicant proposes to engage in consulting or 141 contracting as a partnership, corporation, business trust, or 142 other legal entity, or in any name other than the applicant’s 143 legal name, thelegal entity must apply for licensure through a144qualifying agent or theindividual applicant must apply for 145 licensure under thefictitiousname of the business 146 organization. 147 (e) AThelicense, when issued upon application of a148business organization,must be in the name of the qualifying 149 agentbusiness organization, and the name of the business 150 organizationqualifying agentmust be noted on the license 151thereon. If there is a change in any information that is 152 required to be stated on the application, the qualifying agent 153business organizationshall, within 45 days after such change 154 occurs, mail the correct information to the department. 155 (3) The qualifying agent mustshallbe licensed under this 156 chapter in order for the business organization to be qualified 157licensedin the category of the business conducted for which the 158 qualifying agent is licensed. If any qualifying agent ceases to 159 be affiliated with such business organization, the agent shall 160 so inform the department. In addition, if such qualifying agent 161 is the only licensed individual affiliated with the business 162 organization, the business organization shall notify the 163 department of the termination of the qualifying agent and has 164shall have60 days afterfromthe date of termination of the 165 qualifying agent’s affiliation with the business organizationin166whichto employ another qualifying agent. The business 167 organization may not engage in consulting or contracting until a 168 qualifying agent is employed, unless the department has granted 169 a temporary nonrenewable license to the financially responsible 170 officer, the president, the sole proprietor, a partner, or, in 171 the case of a limited partnership, the general partner, who 172 assumes all responsibilities of a primary qualifying agent for 173 the entity. This temporary license only allowsshall only allow174 the entity to proceed with incomplete contracts. 175 (4) 176 (b) Upon a favorable determination by the department, after 177 investigation of the financial responsibility, credit, and 178 business reputation of the qualifying agent and the new business 179 organization, the department shall issue, without any 180 examination, a new license in the qualifying agent’sbusiness181organization’sname, and the name of the business organization 182qualifying agentshall be noted thereon. 183 (6) Each qualifying agent shall pay the department an 184 amount equal to the original fee for licensureof a new business185organization.if the qualifying agent for a business 186 organization desires to qualify additional business 187 organizations.,The department shall require the agent to 188 present evidence of supervisory ability and financial 189 responsibility of each such organization. Allowing a licensee to 190 qualify more than one business organization mustshallbe 191 conditioned upon the licensee showing that the licensee has both 192 the capacity and intent to adequately supervise each business 193 organization. The department mayshallnot limit the number of 194 business organizations thatwhichthe licensee may qualify 195 except upon the licensee’s failure to provide such information 196 as is required under this subsection or upon a finding that the 197suchinformation or evidenceas issupplied is incomplete or 198 unpersuasive in showing the licensee’s capacity and intent to 199 comply with the requirements of this subsection. A qualification 200 for an additional business organization may be revoked or 201 suspended upon a finding by the department that the licensee has 202 failed in the licensee’s responsibility to adequately supervise 203 the operations of the business organization. Failure to 204 adequately supervise the operations of a business organization 205 isshall begrounds for denial to qualify additional business 206 organizations. 207 Section 12. Subsection (1) of section 469.009, Florida 208 Statutes, is amended to read: 209 469.009 License revocation, suspension, and denial of 210 issuance or renewal.— 211 (1) The department may revoke, suspend, or deny the 212 issuance or renewal of a license; reprimand, censure, or place 213 on probation any contractor, consultant, or financially 214 responsible officer, or business organization; require financial 215 restitution to a consumer; impose an administrative fine not to 216 exceed $5,000 per violation; require continuing education; or 217 assess costs associated with any investigation and prosecution 218 if the contractor or consultant, or business organization or 219 officer or agent thereof, is found guilty of any of the 220 following acts: 221 (a) Willfully or deliberately disregarding or violating the 222 health and safety standards of the Occupational Safety and 223 Health Act of 1970, the Construction Safety Act, the National 224 Emission Standards for Asbestos, the Environmental Protection 225 Agency Asbestos Abatement Projects Worker Protection Rule, the 226 Florida Statutes or rules promulgated thereunder, or any 227 ordinance enacted by a political subdivision of this state. 228 (b) Violating any provision of chapter 455. 229 (c) Failing in any material respect to comply with the 230 provisions of this chapter or any rule promulgated hereunder. 231 (d) Acting in the capacity of an asbestos contractor or 232 asbestos consultant under any license issued under this chapter 233 except in the name of the licensee as set forth on the issued 234 license. 235 (e) Proceeding on any job without obtaining all applicable 236 approvals, authorizations, permits, and inspections. 237 (f) Obtaining a license by fraud or misrepresentation. 238 (g) Being convicted or found guilty of, or entering a plea 239 of nolo contendere to, regardless of adjudication, a crime in 240 any jurisdiction which directly relates to the practice of 241 asbestos consulting or contracting or the ability to practice 242 asbestos consulting or contracting. 243 (h) Knowingly violating any building code, lifesafety code, 244 or county or municipal ordinance relating to the practice of 245 asbestos consulting or contracting. 246 (i) Performing any act which assists a person or entity in 247 engaging in the prohibited unlicensed practice of asbestos 248 consulting or contracting, if the licensee knows or has 249 reasonable grounds to know that the person or entity was 250 unlicensed. 251 (j) Committing mismanagement or misconduct in the practice 252 of contracting that causes financial harm to a customer. 253 Financial mismanagement or misconduct occurs when: 254 1. Valid liens have been recorded against the property of a 255 contractor’s customer for supplies or services ordered by the 256 contractor for the customer’s job; the contractor has received 257 funds from the customer to pay for the supplies or services; and 258 the contractor has not had the liens removed from the property, 259 by payment or by bond, within 75 days after the date of such 260 liens; 261 2. The contractor has abandoned a customer’s job and the 262 percentage of completion is less than the percentage of the 263 total contract price paid to the contractor as of the time of 264 abandonment, unless the contractor is entitled to retain such 265 funds under the terms of the contract or refunds the excess 266 funds within 30 days after the date the job is abandoned; or 267 3. The contractor’s job has been completed, and it is shown 268 that the customer has had to pay more for the contracted job 269 than the original contract price, as adjusted for subsequent 270 change orders, unless such increase in cost was the result of 271 circumstances beyond the control of the contractor, was the 272 result of circumstances caused by the customer, or was otherwise 273 permitted by the terms of the contract between the contractor 274 and the customer. 275 (k) Being disciplined by any municipality or county for an 276 act or violation of this chapter. 277 (l) Failing in any material respect to comply with the 278 provisions of this chapter, or violating a rule or lawful order 279 of the department. 280 (m) Abandoning an asbestos abatement project in which the 281 asbestos contractor is engaged or under contract as a 282 contractor. A project may be presumed abandoned after 20 days if 283 the contractor terminates the project without just cause and 284 without proper notification to the owner, including the reason 285 for termination; if the contractor fails to reasonably secure 286 the project to safeguard the public while work is stopped; or if 287 the contractor fails to perform work without just cause for 20 288 days. 289 (n) Signing a statement with respect to a project or 290 contract falsely indicating that the work is bonded; falsely 291 indicating that payment has been made for all subcontracted 292 work, labor, and materials which results in a financial loss to 293 the owner, purchaser, or contractor; or falsely indicating that 294 workers’ compensation and public liability insurance are 295 provided. 296 (o) Committing fraud or deceit in the practice of asbestos 297 consulting or contracting. 298 (p) Committing incompetency or misconduct in the practice 299 of asbestos consulting or contracting. 300 (q) Committing gross negligence, repeated negligence, or 301 negligence resulting in a significant danger to life or property 302 in the practice of asbestos consulting or contracting. 303 (r) Intimidating, threatening, coercing, or otherwise 304 discouraging the service of a notice to owner under part I of 305 chapter 713 or a notice to contractor under chapter 255 or part 306 I of chapter 713. 307 (s) Failing to satisfy, within a reasonable time, the terms 308 of a civil judgment obtained against the licensee, or the 309 business organization qualified by the licensee, relating to the 310 practice of the licensee’s profession. 311 312 For the purposes of this subsection, construction is considered 313 to be commenced when the contract is executed and the contractor 314 has accepted funds from the customer or lender. 315 Section 13. Subsections (2) and (3) of section 476.034, 316 Florida Statutes, are amended, and subsections (6) and (7) are 317 added to that section, to read: 318 476.034 Definitions.—As used in this act: 319 (2) “Barbering” means any of the following practices when 320 done for remuneration and for the public, but not when done for 321 the treatment of disease or physical or mental ailments: 322 shaving, cutting, trimming, coloring, shampooing, arranging, 323 dressing, curling, or waving the hair or beard or applying oils, 324 creams, lotions, or other preparations to the face, scalp, or 325 neck, either by hand or by mechanical appliances, and includes 326 any services defined as restricted barbering. 327 (3) “Barbershop” means any place of business wherein the 328 practice of barbering or restricted barbering is carried on. 329 (6) “Restricted barber” means a person who is licensed to 330 engage in the practice of restricted barbering in this state 331 under the authority of this chapter and is subject to the same 332 requirements and restrictions as a barber, except as 333 specifically provided in s. 476.114. 334 (7) “Restricted barbering” means any of the following 335 practices when done for remuneration and for the public, but not 336 when done for the treatment of disease or physical or mental 337 ailments: 338 (a) Hair cutting and styling, including the application of 339 hair tonics and hair spray, but not including the application of 340 other chemical preparations or solutions to the hair; 341 (b) Full facial shaves; 342 (c) Mustache and beard trimming; and 343 (d) Shampooing hair, including the application of shampoos 344 and conditioners, and blow drying the hair. 345 Section 14. Section 476.114, Florida Statutes, is amended 346 to read: 347 476.114 Examination; prerequisites.— 348 (1) A person desiring to be licensed as a barber shall 349 apply to the department for licensure and.350(2)An applicantshall be eligible for licensure by 351 examination to practice barbering if the applicant: 352 (a) Is at least 16 years of age; 353 (b) Pays the required application fee; and 354 (c)1. Holds an active valid license to practice barbering 355 in another state, has held the license for at least 1 year, and 356 does not qualify for licensure by endorsement as provided for in 357 s. 476.144(5); or 358 2. Has received a minimum of 6001,200hours of training in 359 sanitation, safety, and laws and rules, as established by the 360 board, which mustshallinclude, butshallnot be limited to, 361 the equivalent of completion of services directly related to the 362 practice of barbering at one of the following: 363 a. A school of barbering licensed pursuant to chapter 1005; 364 b. A barbering program within the public school system; or 365 c. A government-operated barbering program in this state. 366 367The board shall establish by rule procedures whereby the school368or program may certify that a person is qualified to take the369required examination after the completion of a minimum of 1,000370actual school hours. If the person passes the examination, she371or he shall have satisfied this requirement; but if the person372fails the examination, she or he shall not be qualified to take373the examination again until the completion of the full374requirements provided by this section.375 (2) A person desiring to be licensed as a restricted barber 376 shall apply to the department for licensure and shall be 377 eligible for licensure by examination to practice restricted 378 barbering if the applicant: 379 (a) Is at least 16 years of age; 380 (b) Pays the required application fee; and 381 (c)1. Holds an active valid license to practice barbering 382 in another state, has held the license for at least 1 year, and 383 does not qualify for licensure by endorsement as provided for in 384 s. 476.144(5); or 385 2. Has received a minimum of 325 hours of training in 386 sanitation, safety, and laws and rules, as established by the 387 board, which must include, but not be limited to, the equivalent 388 of completion of services directly related to the practice of 389 restricted barbering at one of the following: 390 a. A school of barbering licensed pursuant to chapter 1005; 391 b. A barbering program within the public school system; or 392 c. A government-operated barbering program in this state. 393 (3) An applicant who meets the requirements set forth in 394 subparagraphs (1)(c)1. and 2.subparagraphs (2)(c)1. and 2.who 395 fails to pass the examination may take subsequent examinations 396 as many times as necessary to pass, except that the board may 397 specify by rule reasonable timeframes for rescheduling the 398 examination and additional training requirements for applicants 399 who, after the third attempt, fail to pass the examination. 400 BeforePrior toreexamination, the applicant must file the 401 appropriate form and pay the reexamination fee as required by 402 rule. 403 Section 15. Subsections (1) and (6) of section 476.144, 404 Florida Statutes, are amended to read: 405 476.144 Licensure.— 406 (1) The department shall license any applicant who the 407 board certifies is qualified to practice barbering or restricted 408 barbering in this state. 409 (6) A person may apply for a restricted license to practice 410 barbering. The board shall adopt rules specifying procedures for 411 an applicant to obtain a restricted license if the applicant: 412 (a)1. Has successfully completed a restricted barber 413 course, as established by rule of the board, at a school of 414 barbering licensed pursuant to chapter 1005, a barbering program 415 within the public school system, or a government-operated 416 barbering program in this state; or 417 2.a. Holds or has within the previous 5 years held an 418 active valid license to practice barbering in another state or 419 country or has held a Florida barbering license which has been 420 declared null and void for failure to renew the license, and the 421 applicant fulfilled the requirements of s. 476.114(2)(c)2. for 422 initial licensure; and 423 b. Has not been disciplined relating to the practice of 424 barbering in the previous 5 years; and 425 (b) Passes a written examination on the laws and rules 426 governing the practice of barbering in Florida, as established 427 by the board. 428 429The restricted license shall limit the licensee’s practice to430those specific areas in which the applicant has demonstrated431competence pursuant to rules adopted by the board.432 Section 16. Subsections (6) and (9) of section 477.013, 433 Florida Statutes, are amended to read: 434 477.013 Definitions.—As used in this chapter: 435 (6) “Specialty” means the practice of one or more of the 436 following: 437 (a) “Nail specialty” means manicuring, or the cutting, 438 polishing, tinting, coloring, cleansing, adding, or extending of 439 the nails, and massaging of the hands. This term includes any 440 procedure or process for the affixing of artificial nails, 441 except those nails which may be applied solely by use of a 442 simple adhesive; and.443(b)pedicuring, or the shaping, polishing, tinting, or 444 cleansing of the nails of the feet, and massaging or beautifying 445 of the feet. 446 (b)(c)“Facial specialty” means facials, or the massaging 447 or treating of the face or scalp with oils, creams, lotions, or 448 other preparations, and skin care services. 449 (c) “Full specialty” means all services within the 450 definition of nail specialty and facial specialty, including 451 manicuring, pedicuring, and facial services. 452 (9) “Hair braiding” means the weaving or interweaving of 453 natural human hair or commercial hair, including the use of hair 454 extensions or wefts, for compensation without cutting, coloring, 455 permanent waving, relaxing, removing, or chemical treatmentand456does not include the use of hair extensions or wefts. 457 Section 17. Section 477.0132, Florida Statutes, is 458 repealed. 459 Section 18. Subsections (7), (8), (9), (10), and (11) are 460 added to section 477.0135, Florida Statutes, to read: 461 477.0135 Exemptions.— 462 (7) A license or registration is not required for a person 463 whose occupation or practice is confined solely to hair braiding 464 as defined in s. 477.013(9). 465 (8) A license or registration is not required for a person 466 whose occupation or practice is confined solely to hair wrapping 467 as defined in s. 477.013(10). 468 (9) A license or registration is not required for a person 469 whose occupation or practice is confined solely to body wrapping 470 as defined in s. 477.013(12). 471 (10) A license or registration is not required for a person 472 whose occupation or practice is confined solely to applying 473 polish to fingernails and toenails. 474 (11) A license or registration is not required for a person 475 whose occupation or practice is confined solely to makeup 476 application. 477 Section 19. Paragraph (b) of subsection (7) of section 478 477.019, Florida Statutes, is amended to read: 479 477.019 Cosmetologists; qualifications; licensure; 480 supervised practice; license renewal; endorsement; continuing 481 education.— 482 (7) 483(b)Any person whose occupation or practice is confined484solely to hair braiding, hair wrapping, or body wrapping is485exempt from the continuing education requirements of this486subsection.487 Section 20. Present subsections (2) through (6) of section 488 477.0201, Florida Statutes, are redesignated as subsections (4) 489 through (8), respectively, new subsections (2) and (3) are added 490 to that section, and subsection (1) of that section is amended 491 to read: 492 477.0201 Specialty registration; qualifications; 493 registration renewal; endorsement.— 494 (1) Any person is qualified for registration as a 495 specialist in a nailany one or more of thespecialty practice 496practiceswithin the practice of cosmetology under this chapter 497 who: 498 (a) Is at least 16 years of age or has received a high 499 school diploma. 500 (b) Has received at least 150 hours of training as 501 established by the board, which must focus primarily on 502 sanitation and safety and must include, but not be limited to, 503 the equivalent of completion of services directly related to the 504 practice of a naila certificate of completion in aspecialty 505 pursuant to s. 477.013(6)(a)477.013(6)from one of the 506 following: 507 1. A school licensed pursuant to s. 477.023. 508 2. A school licensed pursuant to chapter 1005 or the 509 equivalent licensing authority of another state. 510 3. A specialty program within the public school system. 511 4. A specialty division within the Cosmetology Division of 512 the Florida School for the Deaf and the Blind, provided the 513 training programs comply with minimum curriculum requirements 514 established by the board. 515 (2) Any person is qualified for registration as a 516 specialist in a facial specialty practice within the practice of 517 cosmetology under this chapter who: 518 (a) Is at least 16 years of age or has received a high 519 school diploma. 520 (b) Has received at least 165 hours of training as 521 established by the board, which must focus on sanitation and 522 safety and must include, but not be limited to, the equivalent 523 of completion of services directly related to the practice of 524 facial specialty pursuant to s. 477.013(6)(b) from one of the 525 following: 526 1. A school licensed pursuant to s. 477.023. 527 2. A school licensed pursuant to chapter 1005 or the 528 equivalent licensing authority of another state. 529 3. A specialty program within the public school system. 530 4. A specialty division within the Cosmetology Division of 531 the Florida School for the Deaf and the Blind, provided the 532 training programs comply with minimum curriculum requirements 533 established by the board. 534 (3) Any person is qualified for registration as a 535 specialist in a full specialty practice within the practice of 536 cosmetology under this chapter who: 537 (a) Is at least 16 years of age or has received a high 538 school diploma. 539 (b) Has received at least 300 hours of training as 540 established by the board, which must focus primarily on 541 sanitation and safety and must include, but not be limited to, 542 the equivalent of completion of services directly related to the 543 practice of full specialty pursuant to s. 477.013(6)(c) from one 544 of the following: 545 1. A school licensed pursuant to s. 477.023. 546 2. A school licensed pursuant to chapter 1005 or the 547 equivalent licensing authority of another state. 548 3. A specialty program within the public school system. 549 4. A specialty division within the Cosmetology Division of 550 the Florida School for the Deaf and the Blind, provided the 551 training programs comply with minimum curriculum requirements 552 established by the board. 553 Section 21. Paragraph (f) of subsection (1) of section 554 477.026, Florida Statutes, is amended to read: 555 477.026 Fees; disposition.— 556 (1) The board shall set fees according to the following 557 schedule: 558(f)For hair braiders, hair wrappers, and body wrappers,559fees for registration shall not exceed $25.560 Section 22. Paragraph (f) of subsection (1) of section 561 477.0265, Florida Statutes, is amended to read: 562 477.0265 Prohibited acts.— 563 (1) It is unlawful for any person to: 564 (f) Advertise or imply that skin care servicesor body565wrapping, as performed under this chapter, have any relationship 566 to the practice of massage therapy as defined in s. 480.033(3), 567 except those practices or activities defined in s. 477.013. 568 Section 23. Paragraph (a) of subsection (1) of section 569 477.029, Florida Statutes, is amended to read: 570 477.029 Penalty.— 571 (1) It is unlawful for any person to: 572 (a) Hold himself or herself out as a cosmetologist or,573 specialist, hair wrapper, hair braider, or body wrapperunless 574 duly licensed or registered, or otherwise authorized, as 575 provided in this chapter. 576 Section 24. Subsection (5) of section 481.203, Florida 577 Statutes, is amended to read: 578 481.203 Definitions.—As used in this part: 579 (5) “Business organization” means a partnership, a limited 580 liability company, a corporation, or an individual operating 581 under a fictitious name“Certificate of authorization” means a582certificate issued by the department to a corporation or583partnership to practice architecture or interior design. 584 Section 25. Section 481.219, Florida Statutes, is amended 585 to read: 586 481.219 Business organization; qualifying agents 587Certification of partnerships, limited liability companies, and588corporations.— 589 (1) A licensee mayThe practice of or the offer topractice 590 architecture or interior designby licenseesthrough a business 591 organization that offerscorporation, limited liability company,592or partnership offeringarchitectural or interior design 593 services to the public, or throughbya business organization 594 that offerscorporation, limited liability company, or595partnership offeringarchitectural or interior design services 596 to the public through such licenseesunder this partas agents, 597 employees, officers, or partners, is permitted, subject to the598provisions of this section. 599 (2) If a licensee or an applicant proposes to engage in the 600 practice of architecture or interior design as a business 601 organization, the licensee or applicant must apply to qualify 602 the business organizationFor the purposes of this section, a603certificate of authorization shall be required for a604corporation, limited liability company, partnership, or person605practicing under a fictitious name, offering architectural606services to the public jointly or separately. However, when an607individual is practicing architecture in her or his own name,608she or he shall not be required to be certified under this609section. Certification under this subsection to offer610architectural services shall include all the rights and611privileges of certification under subsection (3) to offer612interior design services. 613 (a) An application to qualify a business organization must: 614 1. If the business is a partnership, state the names of the 615 partnership and its partners. 616 2. If the business is a corporation, state the names of the 617 corporation and its officers and directors and the name of each 618 of its stockholders who is also an officer or a director. 619 3. If the business is operating under a fictitious name, 620 state the fictitious name under which it is doing business. 621 4. If the business is not a partnership, a corporation, or 622 operating under a fictitious name, state the name of such other 623 legal entity and its members. 624 (b) The board may deny an application to qualify a business 625 organization if the applicant or any person required to be named 626 pursuant to paragraph (a) has been involved in past disciplinary 627 actions or on any grounds for which an individual registration 628 may be denied. 629 (3)(a) A business organization may not engage in the 630 practice of architecture unless its qualifying agent is a 631 registered architect under this part. A business organization 632 may not engage in the practice of interior design unless its 633 qualifying agent is a registered architect or a registered 634 interior designer under this part. A qualifying agent who 635 terminates her or his affiliation with a business organization 636 shall immediately notify the department of such termination. If 637 the qualifying agent who terminates her or his affiliation is 638 the only qualifying agent for a business organization, the 639 business organization must be qualified by another qualifying 640 agent within 60 days after the termination. Except as provided 641 in paragraph (b), the business organization may not engage in 642 the practice of architecture or interior design until it is 643 qualified by a qualifying agent. 644 (b) In the event a qualifying architect or interior 645 designer ceases employment with the business organization, the 646 executive director or the chair of the board may authorize 647 another registered architect or interior designer employed by 648 the business organization to temporarily serve as its qualifying 649 agent for a period of no more than 60 days. The business 650 organization is not authorized to operate beyond such period 651 under this chapter absent replacement of the qualifying 652 architect or interior designer who has ceased employment. 653 (c) A qualifying agent shall notify the department in 654 writing before engaging in the practice of architecture or 655 interior design in her or his own name or in affiliation with a 656 different business organization, and she or he or such business 657 organization shall supply the same information to the department 658 as required of applicants under this partFor the purposes of659this section, a certificate of authorization shall be required660for a corporation, limited liability company, partnership, or661person operating under a fictitious name, offering interior662design services to the public jointly or separately. However,663when an individual is practicing interior design in her or his664own name, she or he shall not be required to be certified under665this section. 666 (4) All final construction documents and instruments of 667 service which include drawings, specifications, plans, reports, 668 or other papers or documents that involveinvolvingthe practice 669 of architecture which are prepared or approved for the use of 670 the business organizationcorporation, limited liability671company, or partnershipand filed for public record within the 672 state mustshallbear the signature and seal of the licensee who 673 prepared or approved them and the date on which they were 674 sealed. 675 (5) All drawings, specifications, plans, reports, or other 676 papers or documents prepared or approved for the use of the 677 business organizationcorporation, limited liability company, or678partnershipby an interior designer in her or his professional 679 capacity and filed for public record within the state mustshall680 bear the signature and seal of the licensee who prepared or 681 approved them and the date on which they were sealed. 682(6)The department shall issue a certificate of683authorization to any applicant who the board certifies as684qualified for a certificate of authorization and who has paid685the fee set in s. 481.207.686 (6)(7)The board shall allowcertifyan applicant to 687 qualify one or more business organizationsas qualified for a688certificate of authorizationto offer architectural or interior 689 design services, or to use a fictitious name to offer such 690 services, ifprovided that: 691 (a) One or more of the principal officers of the 692 corporation or limited liability company, or one or more 693 partners of the partnership, and all personnel of the 694 corporation, limited liability company, or partnership who act 695 in its behalf in this state as architects, are registered as 696 provided by this part; or 697 (b) One or more of the principal officers of the 698 corporation or one or more partners of the partnership, and all 699 personnel of the corporation, limited liability company, or 700 partnership who act in its behalf in this state as interior 701 designers, are registered as provided by this part. 702(8)The department shall adopt rules establishing a703procedure for the biennial renewal of certificates of704authorization.705(9)The department shall renew a certificate of706authorization upon receipt of the renewal application and707biennial renewal fee.708 (7)(10)Each qualifying agent approved to qualify a 709 business organizationpartnership, limited liability company,710and corporation certifiedunder this section shall notify the 711 department within 30 days afterofany change in the information 712 contained in the application upon which the qualification 713certificationis based. Any registered architect or interior 714 designer who qualifies the business organization shall ensure 715corporation, limited liability company, or partnership as716provided in subsection (7) shall be responsible for ensuring717 responsible supervising control of projects of the business 718 organizationentityand shall notify the department of theupon719 termination of her or his employment with a business 720 organization qualifiedpartnership, limited liability company,721or corporation certifiedunder this sectionshall notify the722department of the terminationwithin 30 days after such 723 termination. 724 (8)(11)A business organization is notNo corporation,725limited liability company, or partnership shall berelieved of 726 responsibility for the conduct or acts of its agents, employees, 727 or officers by reason of its compliance with this section. 728 However, except as provided in s. 558.0035, the architect who 729 signs and seals the construction documents and instruments of 730 service isshall beliable for the professional services 731 performed, and the interior designer who signs and seals the 732 interior design drawings, plans, or specifications isshall be733 liable for the professional services performed. 734(12)Disciplinary action against a corporation, limited735liability company, or partnership shall be administered in the736same manner and on the same grounds as disciplinary action737against a registered architect or interior designer,738respectively.739 (9)(13)Nothing inThis section may notshallbe construed 740 to mean that a certificate of registration to practice 741 architecture or interior design mustshallbe held by a business 742 organizationcorporation, limited liability company, or743partnership.Nothing inThis section does not prohibit a 744 business organization from offeringprohibits corporations,745limited liability companies, and partnerships from joining746together to offerarchitectural, engineering, interior design, 747 surveying and mapping, and landscape architectural services, or 748 any combination of such services, to the public if the business 749 organization, provided that each corporation, limited liability750company, or partnershipotherwise meets the requirements of law. 751 (10)(14)A business organization that is qualified by a 752 registered architect may useCorporations, limited liability753companies, or partnerships holding a valid certificate of754authorization to practice architecture shall be permittedto use755intheir titlethe term “interior designer” or “registered 756 interior designer” in its title.designer.”757 Section 26. Subsection (10) of section 481.221, Florida 758 Statutes, is amended to read: 759 481.221 Seals; display of certificate number.— 760 (10) Each registered architect or interior designer must,761and each corporation, limited liability company, or partnership762holding a certificate of authorization, shallinclude her or his 763 licenseits certificatenumber in any newspaper, telephone 764 directory, or other advertising medium used by the registered 765 licenseearchitect, interior designer, corporation, limited766liability company, or partnership. Each business organization 767 must include the license number of the registered architect or 768 interior designer who serves as the qualifying agent for that 769 business organization in any newspaper, telephone directory, or 770 other advertising medium used by the business organization, but 771 is not required to display the license numbers of other 772 registered architects or interior designers employed by the 773 business organizationA corporation, limited liability company,774or partnership is not required to display the certificate number775of individual registered architects or interior designers776employed by or working within the corporation, limited liability777company, or partnership. 778 Section 27. Paragraphs (a) and (c) of subsection (5) of 779 section 481.229, Florida Statutes, are amended to read: 780 481.229 Exceptions; exemptions from licensure.— 781 (5)(a)Nothing contained inThis part does not prohibit 782shall preventa registered architect or a qualified business 783 organizationpartnership, limited liability company, or784corporation holding a valid certificate of authorization to785provide architectural servicesfrom performing any interior 786 design service or from using the title “interior designer” or 787 “registered interior designer.” 788 (c) Notwithstanding any other provision of this part, a 789 registered architect or business organization qualifiedany790corporation, partnership, or person operating under a fictitious791name which holds a certificate of authorizationto provide 792 architectural services mustshallbe qualified, without fee,for793a certificate of authorizationto provide interior design 794 services upon submission of a completed application for 795 qualificationtherefor.For corporations, partnerships, and796persons operating under a fictitious name which hold a797certificate of authorization to provide interior design798services, satisfaction of the requirements for renewal of the799certificate of authorization to provide architectural services800under s. 481.219 shall be deemed to satisfy the requirements for801renewal of the certificate of authorization to provide interior802design services under that section.803 Section 28. Section 481.303, Florida Statutes, is reordered 804 and amended to read: 805 481.303 Definitions.—As used in this chapter: 806 (1) “Board” means the Board of Landscape Architecture. 807 (2) “Business organization” means any partnership, limited 808 liability company, corporation, or individual operating under a 809 fictitious name. 810 (4)(2)“Department” means the Department of Business and 811 Professional Regulation. 812 (7)(3)“Registered landscape architect” means a person who 813 holds a license to practice landscape architecture in this state 814 under the authority of this act. 815 (3)(4)“Certificate of registration” means a license issued 816 by the department to a natural person to engage in the practice 817 of landscape architecture. 818(5) “Certificate of authorization” means a license issued819by the department to a corporation or partnership to engage in820the practice of landscape architecture.821 (5)(6)“Landscape architecture” means professional 822 services, including, but not limited to, the following: 823 (a) Consultation, investigation, research, planning, 824 design, preparation of drawings, specifications, contract 825 documents and reports, responsible construction supervision, or 826 landscape management in connection with the planning and 827 development of land and incidental water areas, including the 828 use of Florida-friendly landscaping as defined in s. 373.185, 829 where, and to the extent that, the dominant purpose of such 830 services or creative works is the preservation, conservation, 831 enhancement, or determination of proper land uses, natural land 832 features, ground cover and plantings, or naturalistic and 833 aesthetic values; 834 (b) The determination of settings, grounds, and approaches 835 for and the siting of buildings and structures, outdoor areas, 836 or other improvements; 837 (c) The setting of grades, shaping and contouring of land 838 and water forms, determination of drainage, and provision for 839 storm drainage and irrigation systems where such systems are 840 necessary to the purposes outlined herein; and 841 (d) The design of such tangible objects and features as are 842 necessary to the purpose outlined herein. 843 (6)(7)“Landscape design” means consultation for and 844 preparation of planting plans drawn for compensation, including 845 specifications and installation details for plant materials, 846 soil amendments, mulches, edging, gravel, and other similar 847 materials. Such plans may include only recommendations for the 848 conceptual placement of tangible objects for landscape design 849 projects. Construction documents, details, and specifications 850 for tangible objects and irrigation systems shall be designed or 851 approved by licensed professionals as required by law. 852 Section 29. Subsection (4) of section 481.311, Florida 853 Statutes, is amended to read: 854 481.311 Licensure.— 855(4)The board shall certify as qualified for a certificate856of authorization any applicant corporation or partnership who857satisfies the requirements of s. 481.319.858 Section 30. Subsection (2) of section 481.317, Florida 859 Statutes, is amended to read: 860 481.317 Temporary certificates.— 861(2)Upon approval by the board and payment of the fee set862in s. 481.307, the department shall grant a temporary863certificate of authorization for work on one specified project864in this state for a period not to exceed 1 year to an out-of865state corporation, partnership, or firm, provided one of the866principal officers of the corporation, one of the partners of867the partnership, or one of the principals in the fictitiously868named firm has obtained a temporary certificate of registration869in accordance with subsection (1).870 Section 31. Section 481.319, Florida Statutes, is amended 871 to read: 872 481.319 Corporate and partnership practice of landscape 873 architecture; certificate of authorization.— 874 (1) The practice of or offer to practice landscape 875 architecture by registered landscape architects registered under 876 this part through a corporation or partnership offering 877 landscape architectural services to the public, or through a 878 corporation or partnership offering landscape architectural 879 services to the public through individual registered landscape 880 architects as agents, employees, officers, or partners, is 881 permitted, subject to the provisions of this section, if: 882 (a) One or more of the principal officers of the 883 corporation, or partners of the partnership, and all personnel 884 of the corporation or partnership who act in its behalf as 885 landscape architects in this state are registered landscape 886 architects; and 887 (b) One or more of the officers, one or more of the 888 directors, one or more of the owners of the corporation, or one 889 or more of the partners of the partnership is a registered 890 landscape architect and has applied to be the qualifying agent 891 for the business organization; and892(c)The corporation or partnership has been issued a893certificate of authorization by the board as provided herein. 894 (2) All documents involving the practice of landscape 895 architecture which are prepared for the use of the corporation 896 or partnership shall bear the signature and seal of a registered 897 landscape architect. 898 (3) A landscape architect applying to practice in the name 899 of aAn applicantcorporation mustshallfile with the 900 department the names and addresses of all officers and board 901 members of the corporation, including the principal officer or 902 officers, duly registered to practice landscape architecture in 903 this state and, also, of all individuals duly registered to 904 practice landscape architecture in this state who shall be in 905 responsible charge of the practice of landscape architecture by 906 the corporation in this state. A landscape architect applying to 907 practice in the name of aAn applicantpartnership mustshall908 file with the department the names and addresses of all partners 909 of the partnership, including the partner or partners duly 910 registered to practice landscape architecture in this state and, 911 also, of an individual or individuals duly registered to 912 practice landscape architecture in this state who shall be in 913 responsible charge of the practice of landscape architecture by 914 said partnership in this state. 915 (4) Each landscape architect qualifying a partnership or 916andcorporationlicensedunder this part mustshallnotify the 917 department within 1 month afterofany change in the information 918 contained in the application upon which the license is based. 919 Any landscape architect who terminates her or hisor her920 employment with a partnership or corporation licensed under this 921 part shall notify the department of the termination within 1 922 month after such termination. 923(5)Disciplinary action against a corporation or924partnership shall be administered in the same manner and on the925same grounds as disciplinary action against a registered926landscape architect.927 (5)(6)Except as provided in s. 558.0035, the fact that a 928 registered landscape architect practices landscape architecture 929 through a corporation or partnership as provided in this section 930 does not relieve the landscape architect from personal liability 931 for her or hisor herprofessional acts. 932 Section 32. Subsection (5) of section 481.321, Florida 933 Statutes, is amended to read: 934 481.321 Seals; display of certificate number.— 935 (5) Each registered landscape architect mustand each936corporation or partnership holding a certificate of937authorization shallinclude her or hisitscertificate number in 938 any newspaper, telephone directory, or other advertising medium 939 used by the registered landscape architect, corporation, or 940 partnership. A corporation or partnership mustis not required941todisplay the certificate numbernumbersof at least one 942 officer, director, owner, or partner who is aindividual943 registered landscape architectarchitectsemployed by or 944 practicing with the corporation or partnership. 945 Section 33. Subsection (5) of section 481.329, Florida 946 Statutes, is amended to read: 947 481.329 Exceptions; exemptions from licensure.— 948 (5) This part does not prohibit any person from engaging in 949 the practice of landscape design, as defined in s. 481.303(6) 950481.303(7), or from submitting for approval to a governmental 951 agency planting plans that are independent of, or a component 952 of, construction documents that are prepared by a Florida 953 registered professional. Persons providing landscape design 954 services mayshallnot use the title, term, or designation 955 “landscape architect,” “landscape architectural,” “landscape 956 architecture,” “L.A.,” “landscape engineering,” or any 957 description tending to convey the impression that she or he is a 958 landscape architect unless she or he is registered as provided 959 in this part. 960 Section 34. Paragraph (h) of subsection (2) of section 961 287.055, Florida Statutes, is amended to read: 962 287.055 Acquisition of professional architectural, 963 engineering, landscape architectural, or surveying and mapping 964 services; definitions; procedures; contingent fees prohibited; 965 penalties.— 966 (2) DEFINITIONS.—For purposes of this section: 967 (h) A “design-build firm” means a partnership, corporation, 968 or other legal entity that: 969 1. Is certified under s. 489.119 to engage in contracting 970 through a certified or registered general contractor or a 971 certified or registered building contractor as the qualifying 972 agent; or 973 2. Is certified under s. 471.023 to practice or to offer to 974 practice engineering; qualifiedcertifiedunder s. 481.219 to 975 practice or to offer to practice architecture; or qualified 976certifiedunder s. 481.319 to practice or to offer to practice 977 landscape architecture. 978 Section 35. Present paragraphs (j) and (k) of subsection 979 (2) of section 548.003, Florida Statutes, are redesignated as 980 paragraphs (i) and (j), respectively, and present paragraph (i) 981 of that subsection is amended, to read: 982 548.003 Florida State Boxing Commission.— 983 (2) The Florida State Boxing Commission, as created by 984 subsection (1), shall administer the provisions of this chapter. 985 The commission has authority to adopt rules pursuant to ss. 986 120.536(1) and 120.54 to implement the provisions of this 987 chapter and to implement each of the duties and responsibilities 988 conferred upon the commission, including, but not limited to: 989(i)Designation and duties of a knockdown timekeeper.990 Section 36. Subsection (1) of section 548.017, Florida 991 Statutes, is amended to read: 992 548.017 Participants, managers, and other persons required 993 to have licenses.— 994 (1) A participant, manager, trainer, second,timekeeper,995 referee, judge,announcer,physician, matchmaker, or promoter 996 must be licensed before directly or indirectly acting in such 997 capacity in connection with any match involving a participant. A 998 physician approved by the commission must be licensed pursuant 999 to chapter 458 or chapter 459, must maintain an unencumbered 1000 license in good standing, and must demonstrate satisfactory 1001 medical training or experience in boxing, or a combination of 1002 both, to the executive director before working as the ringside 1003 physician. 1004 Section 37. This act shall take effect July 1, 2018.