Bill Text: FL S0802 | 2017 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Regulated Professions and Occupations
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2017-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1021 (Ch. 2017-149) [S0802 Detail]
Download: Florida-2017-S0802-Comm_Sub.html
Bill Title: Regulated Professions and Occupations
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2017-05-02 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1021 (Ch. 2017-149) [S0802 Detail]
Download: Florida-2017-S0802-Comm_Sub.html
Florida Senate - 2017 CS for SB 802 By the Committee on Judiciary; and Senator Passidomo 590-03415-17 2017802c1 1 A bill to be entitled 2 An act relating to regulated professions and 3 occupations; amending s. 287.055, F.S.; redefining the 4 term “design-build firm”; amending s. 326.004, F.S.; 5 deleting a requirement that yacht and ship brokers 6 maintain a separate license for each branch office and 7 related fees; amending s. 447.02, F.S.; deleting a 8 definition; repealing s. 447.04, F.S., relating to 9 business agents, licenses, and permits; repealing s. 10 447.041, F.S., relating to hearings; repealing s. 11 447.045, F.S., relating to certain confidential 12 information; repealing s. 447.06, F.S., relating to 13 the required registration of labor organizations; 14 amending s. 447.09, F.S.; deleting prohibitions 15 against specified actions; repealing s. 447.12, F.S., 16 relating to registration fees; repealing s. 447.16, 17 F.S., relating to the applicability of ch. 447, F.S.; 18 amending s. 468.401, F.S.; deleting the definitions of 19 the terms “department,” “license,” and “licensee”; 20 repealing s. 468.402, F.S., relating to the duties of 21 the Department of Business and Professional 22 Regulation; repealing s. 468.403, F.S., relating to 23 licensure and application requirements for owners and 24 operators of talent agencies; repealing s. 468.404, 25 F.S., relating to fees and renewal of talent agency 26 licenses; repealing s. 468.405, F.S., relating to 27 qualification for talent agency licenses; amending s. 28 468.406, F.S.; deleting the requirement for talent 29 agencies to file with the department an itemized 30 schedule of certain fees and an amended or 31 supplemental schedule under certain circumstances; 32 repealing s. 468.407, F.S., relating to license 33 contents and posting; amending s. 468.408, F.S.; 34 deleting a requirement that a talent agency file a 35 bond for each talent agency license; deleting a 36 departmental requirement to approve talent agency 37 bonds; requiring that a bonding company notify the 38 talent agency, rather than the department, of certain 39 claims; amending s. 468.409, F.S.; deleting provisions 40 requiring talent agencies to make specified records 41 readily available for inspection by the department; 42 amending s. 468.410, F.S.; deleting a reference to the 43 department in talent agency contracts; amending s. 44 468.412, F.S.; revising the information that talent 45 agencies are required to enter on records; revising 46 the requirements for talent agencies to post certain 47 laws and rules; revising the information required in 48 talent agency publications; amending s. 468.413, F.S.; 49 deleting provisions relating to criminal violations 50 for failing to obtain or maintain licensure with the 51 department; deleting provisions authorizing the court 52 to suspend or revoke a license; deleting a provision 53 authorizing the department to impose a $5,000 fine 54 under certain circumstances; repealing s. 468.414, 55 F.S., relating to collection and deposit of fines, 56 fees, and penalties by the department; amending s. 57 468.415, F.S.; deleting a provision authorizing the 58 department to permanently revoke a license; amending 59 s. 469.006, F.S.; requiring an individual applicant to 60 apply for licensure in the name of the business 61 organization that he or she proposes to operate under; 62 requiring that a license be in the name of a 63 qualifying agent rather than the name of a business 64 organization; requiring the qualifying agent, rather 65 than the business organization, to report certain 66 changes in information; conforming provisions to 67 changes made by the act; amending s. 469.009, F.S.; 68 deleting the authority of the department to reprimand, 69 censure, or impose probation on certain business 70 organizations; amending s. 476.034, F.S.; defining and 71 redefining terms; amending s. 476.114, F.S.; providing 72 requirements for licensure by examination to practice 73 restricted barbering; conforming a provision to 74 changes made by the act; amending s. 477.013, F.S.; 75 revising the definition of the term “specialty”; 76 repealing s. 477.0132, F.S., relating to hair 77 braiding, hair wrapping, and body wrapping 78 registration; amending s. 477.0135, F.S.; exempting 79 from certain licensure and registration requirements 80 persons whose occupations or practices are confined 81 solely to hair braiding, hair wrapping, or body 82 wrapping; amending s. 477.019, F.S.; deleting an 83 exemption from certain continuing education 84 requirements for persons whose occupations or 85 practices are confined solely to hair braiding, hair 86 wrapping, or body wrapping; amending s. 477.026, F.S.; 87 conforming a provision to changes made by the act; 88 amending s. 481.203, F.S.; defining the term “business 89 organization”; deleting the definition of the term 90 “certificate of authorization”; amending s. 481.219, 91 F.S.; revising the process by which a business 92 organization obtains the requisite license to perform 93 architectural services; requiring that a licensee or 94 an applicant apply to qualify a business organization 95 under certain circumstances; specifying application 96 requirements; authorizing the Board of Architecture 97 and Interior Design to deny an application under 98 certain circumstances; requiring that a qualifying 99 agent be a registered architect or a registered 100 interior designer under certain circumstances; 101 requiring that a qualifying agent notify the 102 department when she or he ceases to be affiliated with 103 a business organization; prohibiting a business 104 organization from engaging in certain practices until 105 it is qualified by a qualifying agent; authorizing the 106 executive director or the chair of the board to 107 authorize a certain registered architect or interior 108 designer to temporarily serve as the business 109 organization’s qualifying agent for a specified 110 timeframe under certain circumstances; requiring the 111 qualifying agent to give written notice to the 112 department before engaging in practice under her or 113 his own name or in affiliation with another business 114 organization; requiring the board to certify an 115 applicant to qualify one or more business 116 organizations or to operate using a fictitious name 117 under certain circumstances; conforming provisions to 118 changes made by the act; amending s. 481.221, F.S.; 119 requiring a business organization to include the 120 license number of a certain registered architect or 121 interior designer in any advertising; providing an 122 exception; conforming provisions to changes made by 123 the act; amending s. 481.229, F.S.; conforming 124 provisions to changes made by the act; reordering and 125 amending s. 481.303, F.S.; defining and redefining 126 terms; amending s. 481.321, F.S.; revising provisions 127 that require persons to display certificate numbers 128 under certain circumstances; conforming provisions to 129 changes made by the act; amending ss. 481.311, 130 481.317, and 481.319, F.S.; conforming provisions to 131 changes made by the act; amending s. 481.329, F.S.; 132 conforming a cross-reference; amending s. 548.017, 133 F.S.; revising the persons required to be licensed by 134 the State Boxing Commission; amending s. 548.003, 135 F.S.; conforming a provision to changes made by the 136 act; providing an effective date. 137 138 Be It Enacted by the Legislature of the State of Florida: 139 140 Section 1. Paragraph (h) of subsection (2) of section 141 287.055, Florida Statutes, is amended to read: 142 287.055 Acquisition of professional architectural, 143 engineering, landscape architectural, or surveying and mapping 144 services; definitions; procedures; contingent fees prohibited; 145 penalties.— 146 (2) DEFINITIONS.—For purposes of this section: 147 (h) A “design-build firm” means a partnership, corporation, 148 or other legal entity that: 149 1. Is certified under s. 489.119 to engage in contracting 150 through a certified or registered general contractor or a 151 certified or registered building contractor as the qualifying 152 agent; or 153 2. Is certified under s. 471.023 to practice or to offer to 154 practice engineering; qualifiedcertifiedunder s. 481.219 to 155 practice or to offer to practice architecture; or qualified 156certifiedunder s. 481.319 to practice or to offer to practice 157 landscape architecture. 158 Section 2. Subsection (13) of section 326.004, Florida 159 Statutes, is amended to read: 160 326.004 Licensing.— 161 (13) Each broker must maintain a principal place of 162 business in this state and may establish branch offices in the 163 state.A separate license must be maintained for each branch164office. The division shall establish by rule a fee not to exceed165$100 for each branch office license.166 Section 3. Subsection (3) of section 447.02, Florida 167 Statutes, is amended to read: 168 447.02 Definitions.—The following terms, when used in this 169 chapter, shall have the meanings ascribed to them in this 170 section: 171(3) The term “department” means the Department of Business172and Professional Regulation.173 Section 4. Section 447.04, Florida Statutes, is repealed. 174 Section 5. Section 447.041, Florida Statutes, is repealed. 175 Section 6. Section 447.045, Florida Statutes, is repealed. 176 Section 7. Section 447.06, Florida Statutes, is repealed. 177 Section 8. Subsections (6) and (8) of section 447.09, 178 Florida Statutes, are amended to read: 179 447.09 Right of franchise preserved; penalties.—It shall be 180 unlawful for any person: 181(6) To act as a business agent without having obtained and182possessing a valid and subsisting license or permit.183(8) To make any false statement in an application for a184license.185 Section 9. Section 447.12, Florida Statutes, is repealed. 186 Section 10. Section 447.16, Florida Statutes, is repealed. 187 Section 11. Section 468.401, Florida Statutes, is amended 188 to read: 189 468.401Regulation ofTalent agencies; definitions.—As used 190 in this partor any rule adopted pursuant hereto: 191 (8)(1)“Talent agency” means any person who, for 192 compensation, engages in the occupation or business of procuring 193 or attempting to procure engagements for an artist. 194 (6)(2)“Owner” means any partner in a partnership, member 195 of a firm, or principal officer or officers of a corporation, 196 whose partnership, firm, or corporation owns a talent agency, or 197 any individual who is the sole owner of a talent agency. 198 (3) “Compensation” means any one or more of the following: 199 (a) Any money or other valuable consideration paid or 200 promised to be paid for services rendered by any person 201 conducting the business of a talent agency under this part; 202 (b) Any money received by any person in excess of that 203 which has been paid out by such person for transportation, 204 transfer of baggage, or board and lodging for any applicant for 205 employment; or 206 (c) The difference between the amount of money received by 207 any person who furnishes employees, performers, or entertainers 208 for circus, vaudeville, theatrical, or other entertainments, 209 exhibitions, engagements, or performances and the amount paid by 210 him or her to such employee, performer, or entertainer. 211 (4) “Engagement” means any employment or placement of an 212 artist, where the artist performs in his or her artistic 213 capacity. However, the term “engagement” shall not apply to 214 procuring opera, music, theater, or dance engagements for any 215 organization defined in s. 501(c)(3) of the Internal Revenue 216 Code or any nonprofit Florida arts organization that has 217 received a grant from the Division of Cultural Affairs of the 218 Department of State or has participated in the state touring 219 program of the Division of Cultural Affairs. 220(5) “Department” means the Department of Business and221Professional Regulation.222 (5)(6)“Operator” means the person who is or who will be in 223 actual charge of a talent agency. 224 (2)(7)“Buyer” or “employer” means a person, company, 225 partnership, or corporation that uses the services of a talent 226 agency to provide artists. 227 (1)(8)“Artist” means a person performing on the 228 professional stage or in the production of television, radio, or 229 motion pictures; a musician or group of musicians; or a model. 230 (7)(9)“Person” means any individual, company, society, 231 firm, partnership, association, corporation, manager, or any 232 agent or employee of any of the foregoing. 233(10) “License” means a license issued by the Department of234Business and Professional Regulation to carry on the business of235a talent agency under this part.236(11) “Licensee” means a talent agency which holds a valid237unrevoked and unforfeited license issued under this part.238 Section 12. Section 468.402, Florida Statutes, is repealed. 239 Section 13. Section 468.403, Florida Statutes, is repealed. 240 Section 14. Section 468.404, Florida Statutes, is repealed. 241 Section 15. Section 468.405, Florida Statutes, is repealed. 242 Section 16. Subsection (1) of section 468.406, Florida 243 Statutes, is amended to read: 244 468.406 Fees to be charged by talent agencies; rates; 245 display.— 246 (1) Each owner or operator of a talent agency shall post 247applicant for a license shall file with the applicationan 248 itemized schedule of maximum fees, charges, and commissions that 249whichit intends to charge and collect for its services. This250schedule may thereafter be raised only by filing with the251department an amended or supplemental schedule at least 30 days252before the change is to become effective. The schedule shall be253postedin a conspicuous place in each place of business of the 254 agency, and the schedule shall be printed in not less than a 30 255 point boldfaced type, except that an agency that uses written 256 contracts containing maximum fee schedules need not post such 257 schedules. 258 Section 17. Section 468.407, Florida Statutes, is repealed. 259 Section 18. Subsection (1) of section 468.408, Florida 260 Statutes, is amended to read: 261 468.408 Bond required.— 262 (1) AThere shall be filed with the department for each263 talent agency shall obtainlicensea bond in the form of a 264 surety by a reputable company engaged in the bonding business 265 and authorized to do business in this state. The bond shall be 266 for the penal sum of $5,000, with one or more suretiesto be267approved by the department, and be conditioned that the talent 268 agencyapplicantconform to and not violate any of the duties, 269 terms, conditions, provisions, or requirements of this part. 270 (a) If any person is aggrieved by the misconduct of any 271 talent agency, the person may maintain an action in his or her 272 own name upon the bond of the agency in any court having 273 jurisdiction of the amount claimed. All such claims shall be 274 assignable, and the assignee shall be entitled to the same 275 remedies, upon the bond of the agency or otherwise, as the 276 person aggrieved would have been entitled to if such claim had 277 not been assigned. Any claim or claims so assigned may be 278 enforced in the name of such assignee. 279 (b) The bonding company shall notify the talent agency 280departmentof any claim against such bond, and a copy of such 281 notice shall be sent to the talent agency against which the 282 claim is made. 283 Section 19. Section 468.409, Florida Statutes, is amended 284 to read: 285 468.409 Records required to be kept.—Each talent agency 286 shall keep on file the application, registration, or contract of 287 each artist. In addition, such file must include the name and 288 address of each artist, the amount of the compensation received, 289 and all attempts to procure engagements for the artist. No such 290 agency or employee thereof shall knowingly make any false entry 291 in applicant files or receipt files. Each card or document in 292 such files shall be preserved for a period of 1 year after the 293 date of the last entry thereon.Records required under this294section shall be readily available for inspection by the295department during reasonable business hours at the talent296agency’s principal office. A talent agency must provide the297department with true copies of the records in the manner298prescribed by the department.299 Section 20. Subsection (3) of section 468.410, Florida 300 Statutes, is amended to read: 301 468.410 Prohibition against registration fees; referral.— 302 (3) A talent agency shall give each applicant a copy of a 303 contract, within 24 hours after the contract’s execution, which 304 lists the services to be provided and the fees to be charged. 305The contract shall state that the talent agency is regulated by306the department and shall list the address and telephone number307of the department.308 Section 21. Section 468.412, Florida Statutes, is amended 309 to read: 310 468.412 Talent agency regulations; prohibited acts.— 311 (1) A talent agency shall maintain a record sheet for each 312 booking. This shall be the only required record of placement and 313 shall be kept for a period of 1 year after the date of the last 314 entry in the buyer’s file. 315 (2) Each talent agency shall keep records in which shall be 316 entered: 317 (a) The name and address of each artist employing such 318 talent agency; 319 (b) The amount of fees received from each such artist; and 320 (c) The employment in which each such artist is engaged at 321 the time of employing such talent agency and the amount of 322 compensation of the artist in such employment, if any, and the 323 employments subsequently secured by such artist during the term 324 of the contract between the artist and the talent agency and the 325 amount of compensation received by the artist pursuant thereto.;326and327(d) Other information which the department may require from328time to time.329(3) All books, records, and other papers kept pursuant to330this act by any talent agency shall be open at all reasonable331hours to the inspection of the department and its agents. Each332talent agency shall furnish to the department, upon request, a333true copy of such books, records, and papers, or any portion334thereof, and shall make such reports as the department may335prescribe from time to time.336 (3)(4)Each talent agency shall post in a conspicuous place 337 in the office of such talent agency a printed copy of this part 338and of the rules adopted under this part.Such copies shall also339contain the name and address of the officer charged with340enforcing this part. The department shall furnish to talent341agencies printed copies of any statute or rule required to be342posted under this subsection.343 (4)(a)(5)(a)No talent agency may knowingly issue a 344 contract for employment containing any term or condition which, 345 if complied with, would be in violation of law, or attempt to 346 fill an order for help to be employed in violation of law. 347 (b) A talent agency must advise an artist, in writing, that 348 the artist has a right to rescind a contract for employment 349 within the first 3 business days after the contract’s execution. 350 Any engagement procured by the talent agency for the artist 351 during the first 3 business days of the contract remains 352 commissionable to the talent agency. 353 (5)(6)No talent agency may publish or cause to be 354 published any false, fraudulent, or misleading information, 355 representation, notice, or advertisement. All advertisements of 356 a talent agency by means of card, circulars, or signs, and in 357 newspapers and other publications, and all letterheads, 358 receipts, and blanks shall be printed and contain thelicensed359 name, department license number,and address of the talent 360 agency and the words “talent agency.” No talent agency may give 361 any false information or make any false promises or 362 representations concerning an engagement or employment to any 363 applicant who applies for an engagement or employment. 364 (6)(7)No talent agency may send or cause to be sent any 365 person as an employee to any house of ill fame, to any house or 366 place of amusement for immoral purposes, to any place resorted 367 to for the purposes of prostitution, to any place for the 368 modeling or photographing of a minor in the nude in the absence 369 of written permission from the minor’s parents or legal 370 guardians, the character of which places the talent agency could 371 have ascertained upon reasonable inquiry. 372 (7)(8)No talent agency, without the written consent of the 373 artist, may divide fees with anyone, including, but not limited 374 to, an agent or other employee of an employer, a buyer, a 375 casting director, a producer, a director, or any venue that uses 376 entertainment. For purposes of this subsection, to “divide fees” 377 includes the sharing among two or more persons of those fees 378 charged to an artist for services performed on behalf of that 379 artist, the total amount of which fees exceeds the amount that 380 would have been charged to the artist by the talent agency 381 alone. 382 (8)(9)If a talent agency collects from an artist a fee or 383 expenses for obtaining employment for the artist, and the artist 384 fails to procure such employment, or the artist fails to be paid 385 for such employment if procured, such talent agency shall, upon 386 demand therefor, repay to the artist the fee and expenses so 387 collected. Unless repayment thereof is made within 48 hours 388 after demand therefor, the talent agency shall pay to the artist 389 an additional sum equal to the amount of the fee. 390 (9)(10)Each talent agency must maintain a permanent office 391 and must maintain regular operating hours at that office. 392 (10)(11)A talent agency may assign an engagement contract 393 to another talent agency licensed in this state only if the 394 artist agrees in writing to the assignment. The assignment must 395 occur, and written notice of the assignment must be given to the 396 artist, within 30 days after the artist agrees in writing to the 397 assignment. 398 Section 22. Section 468.413, Florida Statutes, is amended 399 to read: 400 468.413 Legal requirements; penalties.— 401 (1)Each of the following acts constitutes a felony of the402third degree, punishable as provided in s. 775.082, s. 775.083,403or s. 775.084:404(a) Owning or operating, or soliciting business as, a405talent agency in this state without first procuring a license406from the department.407(b) Obtaining or attempting to obtain a license by means of408fraud, misrepresentation, or concealment.409(2)Each of the following acts constitutes a misdemeanor of 410 the second degree, punishable as provided in s. 775.082 or s. 411 775.083: 412(a) Relocating a business as a talent agency, or operating413under any name other than that designated on the license, unless414written notification is given to the department and to the415surety or sureties on the original bond, and unless the license416is returned to the department for the recording thereon of such417changes.418(b) Assigning or attempting to assign a license issued419under this part.420(c) Failing to show on a license application whether or not421the agency or any owner of the agency is financially interested422in any other business of like nature and, if so, failing to423specify such interest or interests.424 (a)(d)Failing to maintain the records required by s. 425 468.409 or knowingly making false entries in such records. 426 (b)(e)Requiring as a condition to registering or obtaining 427 employment or placement for any applicant that the applicant 428 subscribe to, purchase, or attend any publication, postcard 429 service, advertisement, resume service, photography service, 430 school, acting school, workshop, or acting workshop. 431 (c)(f)Failing to give each applicant a copy of a contract 432 which lists the services to be provided and the fees to be 433 charged by, which states thatthe talent agencyis regulated by434the department, and which lists the address and telephone number435of the department. 436 (d)(g)Failing to maintain a record sheet as required by s. 437 468.412(1). 438 (e)(h)Knowingly sending or causing to be sent any artist 439 to a prospective employer or place of business, the character or 440 operation of which employer or place of business the talent 441 agency knows to be in violation of the laws of the United States 442 or of this state. 443(3) The court may, in addition to other punishment provided444for in subsection (2), suspend or revoke the license of any445licensee under this part who has been found guilty of any446misdemeanor listed in subsection (2).447 (2)(4)In the event thatthe department orany state 448 attorney shall have probable cause to believe that a talent 449 agency or other person has violated any provision of subsection 450 (1), an action may be brought by thedepartmentor anystate 451 attorney to enjoin such talent agency or any person from 452 continuing such violation, or engaging therein or doing any acts 453 in furtherance thereof, and for such other relief as to the 454 court seems appropriate.In addition to this remedy, the455department may assess a penalty against any talent agency or any456person in an amount not to exceed $5,000.457 Section 23. Section 468.414, Florida Statutes, is repealed. 458 Section 24. Section 468.415, Florida Statutes, is amended 459 to read: 460 468.415 Sexual misconduct in the operation of a talent 461 agency.—The talent agent-artist relationship is founded on 462 mutual trust. Sexual misconduct in the operation of a talent 463 agency means violation of the talent agent-artist relationship 464 through which the talent agent uses the relationship to induce 465 or attempt to induce the artist to engage or attempt to engage 466 in sexual activity. Sexual misconduct is prohibited in the 467 operation of a talent agency.IfAny agent, owner, or operator 468 of alicensedtalent agency who commitsis found to have469committedsexual misconduct in the operation of a talent agency,470the agency license shall be permanently revoked. Such agent,471owner, or operatorshall be permanently prohibited from acting 472disqualified from present and future licensureas an agent, 473 owner, or operator of aFloridatalent agency. 474 Section 25. Paragraphs (a) and (e) of subsection (2), 475 subsection (3), paragraph (b) of subsection (4), and subsection 476 (6) of section 469.006, Florida Statutes, are amended to read: 477 469.006 Licensure of business organizations; qualifying 478 agents.— 479 (2)(a) If the applicant proposes to engage in consulting or 480 contracting as a partnership, corporation, business trust, or 481 other legal entity, or in any name other than the applicant’s 482 legal name, thelegal entity must apply for licensure through a483qualifying agent or theindividual applicant must apply for 484 licensure under the name of the business organizationfictitious485name. 486 (e) AThelicense, when issued upon applicationof a487business organization,must be in the name of the qualifying 488 agentbusiness organization, and the name of the business 489 organizationqualifying agentmust be noted on the license 490thereon. If there is a change in any information that is 491 required to be stated on the application, the qualifying agent 492business organizationshall, within 45 days after such change 493 occurs, mail the correct information to the department. 494 (3) The qualifying agent mustshallbe licensed under this 495 chapter in order for the business organization to be qualified 496licensedin the category of the business conducted for which the 497 qualifying agent is licensed. If any qualifying agent ceases to 498 be affiliated with such business organization, the agent shall 499 so inform the department. In addition, if such qualifying agent 500 is the only licensed individual affiliated with the business 501 organization, the business organization shall notify the 502 department of the termination of the qualifying agent and has 503shall have60 days afterfromthe date of termination of the 504 qualifying agent’s affiliation with the business organizationin505whichto employ another qualifying agent. The business 506 organization may not engage in consulting or contracting until a 507 qualifying agent is employed, unless the department has granted 508 a temporary nonrenewable license to the financially responsible 509 officer, the president, the sole proprietor, a partner, or, in 510 the case of a limited partnership, the general partner, who 511 assumes all responsibilities of a primary qualifying agent for 512 the entity. This temporary license only allowsshall only allow513 the entity to proceed with incomplete contracts. 514 (4) 515 (b) Upon a favorable determination by the department, after 516 investigation of the financial responsibility, credit, and 517 business reputation of the qualifying agent and the new business 518 organization, the department shall issue, without any 519 examination, a new license in the qualifying agent’sbusiness520organization’sname, and the name of the business organization 521qualifying agentshall be noted thereon. 522 (6) Each qualifying agent shall pay the department an 523 amount equal to the original fee for licensureof a new business524organization.if the qualifying agent for a business 525 organization desires to qualify additional business 526 organizations.,The department shall require the agent to 527 present evidence of supervisory ability and financial 528 responsibility of each such organization. Allowing a licensee to 529 qualify more than one business organization mustshallbe 530 conditioned upon the licensee showing that the licensee has both 531 the capacity and intent to adequately supervise each business 532 organization. The department mayshallnot limit the number of 533 business organizations thatwhichthe licensee may qualify 534 except upon the licensee’s failure to provide such information 535 as is required under this subsection or upon a finding that the 536suchinformation or evidenceas issupplied is incomplete or 537 unpersuasive in showing the licensee’s capacity and intent to 538 comply with the requirements of this subsection. A qualification 539 for an additional business organization may be revoked or 540 suspended upon a finding by the department that the licensee has 541 failed in the licensee’s responsibility to adequately supervise 542 the operations of the business organization. Failure to 543 adequately supervise the operations of a business organization 544 isshall begrounds for denial to qualify additional business 545 organizations. 546 Section 26. Subsection (1) of section 469.009, Florida 547 Statutes, is amended to read: 548 469.009 License revocation, suspension, and denial of 549 issuance or renewal.— 550 (1) The department may revoke, suspend, or deny the 551 issuance or renewal of a license; reprimand, censure, or place 552 on probation any contractor, consultant, or financially 553 responsible officer, or business organization; require financial 554 restitution to a consumer; impose an administrative fine not to 555 exceed $5,000 per violation; require continuing education; or 556 assess costs associated with any investigation and prosecution 557 if the contractor or consultant, or business organization or 558 officer or agent thereof, is found guilty of any of the 559 following acts: 560 (a) Willfully or deliberately disregarding or violating the 561 health and safety standards of the Occupational Safety and 562 Health Act of 1970, the Construction Safety Act, the National 563 Emission Standards for Asbestos, the Environmental Protection 564 Agency Asbestos Abatement Projects Worker Protection Rule, the 565 Florida Statutes or rules promulgated thereunder, or any 566 ordinance enacted by a political subdivision of this state. 567 (b) Violating any provision of chapter 455. 568 (c) Failing in any material respect to comply with the 569 provisions of this chapter or any rule promulgated hereunder. 570 (d) Acting in the capacity of an asbestos contractor or 571 asbestos consultant under any license issued under this chapter 572 except in the name of the licensee as set forth on the issued 573 license. 574 (e) Proceeding on any job without obtaining all applicable 575 approvals, authorizations, permits, and inspections. 576 (f) Obtaining a license by fraud or misrepresentation. 577 (g) Being convicted or found guilty of, or entering a plea 578 of nolo contendere to, regardless of adjudication, a crime in 579 any jurisdiction which directly relates to the practice of 580 asbestos consulting or contracting or the ability to practice 581 asbestos consulting or contracting. 582 (h) Knowingly violating any building code, lifesafety code, 583 or county or municipal ordinance relating to the practice of 584 asbestos consulting or contracting. 585 (i) Performing any act which assists a person or entity in 586 engaging in the prohibited unlicensed practice of asbestos 587 consulting or contracting, if the licensee knows or has 588 reasonable grounds to know that the person or entity was 589 unlicensed. 590 (j) Committing mismanagement or misconduct in the practice 591 of contracting that causes financial harm to a customer. 592 Financial mismanagement or misconduct occurs when: 593 1. Valid liens have been recorded against the property of a 594 contractor’s customer for supplies or services ordered by the 595 contractor for the customer’s job; the contractor has received 596 funds from the customer to pay for the supplies or services; and 597 the contractor has not had the liens removed from the property, 598 by payment or by bond, within 75 days after the date of such 599 liens; 600 2. The contractor has abandoned a customer’s job and the 601 percentage of completion is less than the percentage of the 602 total contract price paid to the contractor as of the time of 603 abandonment, unless the contractor is entitled to retain such 604 funds under the terms of the contract or refunds the excess 605 funds within 30 days after the date the job is abandoned; or 606 3. The contractor’s job has been completed, and it is shown 607 that the customer has had to pay more for the contracted job 608 than the original contract price, as adjusted for subsequent 609 change orders, unless such increase in cost was the result of 610 circumstances beyond the control of the contractor, was the 611 result of circumstances caused by the customer, or was otherwise 612 permitted by the terms of the contract between the contractor 613 and the customer. 614 (k) Being disciplined by any municipality or county for an 615 act or violation of this chapter. 616 (l) Failing in any material respect to comply with the 617 provisions of this chapter, or violating a rule or lawful order 618 of the department. 619 (m) Abandoning an asbestos abatement project in which the 620 asbestos contractor is engaged or under contract as a 621 contractor. A project may be presumed abandoned after 20 days if 622 the contractor terminates the project without just cause and 623 without proper notification to the owner, including the reason 624 for termination; if the contractor fails to reasonably secure 625 the project to safeguard the public while work is stopped; or if 626 the contractor fails to perform work without just cause for 20 627 days. 628 (n) Signing a statement with respect to a project or 629 contract falsely indicating that the work is bonded; falsely 630 indicating that payment has been made for all subcontracted 631 work, labor, and materials which results in a financial loss to 632 the owner, purchaser, or contractor; or falsely indicating that 633 workers’ compensation and public liability insurance are 634 provided. 635 (o) Committing fraud or deceit in the practice of asbestos 636 consulting or contracting. 637 (p) Committing incompetency or misconduct in the practice 638 of asbestos consulting or contracting. 639 (q) Committing gross negligence, repeated negligence, or 640 negligence resulting in a significant danger to life or property 641 in the practice of asbestos consulting or contracting. 642 (r) Intimidating, threatening, coercing, or otherwise 643 discouraging the service of a notice to owner under part I of 644 chapter 713 or a notice to contractor under chapter 255 or part 645 I of chapter 713. 646 (s) Failing to satisfy, within a reasonable time, the terms 647 of a civil judgment obtained against the licensee, or the 648 business organization qualified by the licensee, relating to the 649 practice of the licensee’s profession. 650 651 For the purposes of this subsection, construction is considered 652 to be commenced when the contract is executed and the contractor 653 has accepted funds from the customer or lender. 654 Section 27. Subsection (2) of section 476.034, Florida 655 Statutes, is amended, and subsections (6) and (7) are added to 656 that section, to read: 657 476.034 Definitions.—As used in this act: 658 (2) “Barbering” means any of the following practices when 659 done for remuneration and for the public, but not when done for 660 the treatment of disease or physical or mental ailments: 661 shaving, cutting, trimming, coloring, shampooing, arranging, 662 dressing, curling, or waving the hair or beard or applying oils, 663 creams, lotions, or other preparations to the face, scalp, or 664 neck, either by hand or by mechanical appliances, and includes 665 restricted barbering services. 666 (6) “Restricted barber” means a person who is licensed to 667 engage in the practice of restricted barbering in this state 668 under the authority of this chapter and is subject to the same 669 requirements and restrictions as a barber, except as specified 670 in s. 476.114. 671 (7) “Restricted barbering” means any of the following 672 practices when done for remuneration and for the public, but not 673 when done for the treatment of disease or physical or mental 674 ailments: shaving, cutting, trimming, shampooing, arranging, 675 dressing, or curling the hair or beard, including the 676 application of shampoo, hair conditioners, shaving creams, hair 677 tonic, and hair spray to the face, scalp, or neck, either by 678 hand or by mechanical appliances. The term does not include the 679 application of oils, creams, lotions, or other preparations to 680 the face, scalp, or neck. 681 Section 28. Present subsection (3) of section 476.114, 682 Florida Statutes, is redesignated as subsection (4) and amended, 683 and a new subsection (3) is added to that section, to read: 684 476.114 Examination; prerequisites.— 685 (3) An applicant is eligible for licensure by examination 686 to practice restricted barbering if he or she: 687 (a) Is at least 16 years of age; 688 (b) Pays the required application fee; and 689 (c)1. Holds an active valid license to practice barbering 690 in another state, has held the license for at least 1 year, and 691 does not qualify for licensure by endorsement as provided for in 692 s. 476.144(5); or 693 2. Has received a minimum of 1,000 hours of training as 694 established by the board, which must include, but is not limited 695 to, the equivalent of completion of services directly related to 696 the practice of restricted barbering at one of the following: 697 a. A school of barbering licensed pursuant to chapter 1005; 698 b. A barbering program within the public school system; or 699 c. A government-operated barbering program in this state. 700 (4)(3)An applicant who meets the requirements set forth in 701 subparagraphs (2)(c)1. and 2. or subparagraphs (3)(c)1. and 2. 702 who fails to pass the examination may take subsequent 703 examinations as many times as necessary to pass, except that the 704 board may specify by rule reasonable timeframes for rescheduling 705 the examination and additional training requirements for 706 applicants who, after the third attempt, fail to pass the 707 examination. Prior to reexamination, the applicant must file the 708 appropriate form and pay the reexamination fee as required by 709 rule. 710 Section 29. Subsection (6) of section 477.013, Florida 711 Statutes, is amended to read: 712 477.013 Definitions.—As used in this chapter: 713 (6) “Specialty” means the practice of one or more of the 714 following: 715 (a) Nail specialty, which includes: 716 1. Manicuring, or the cutting, polishing, tinting, 717 coloring, cleansing, adding, or extending of the nails, and 718 massaging of the hands. This term includes any procedure or 719 process for the affixing of artificial nails, except those nails 720 which may be applied solely by use of a simple adhesive; and.721 2.(b)Pedicuring, or the shaping, polishing, tinting, or 722 cleansing of the nails of the feet, and massaging or beautifying 723 of the feet. 724 (b)(c)Facial specialty, which includes facials, or the 725 massaging or treating of the face or scalp with oils, creams, 726 lotions, or other preparations, and skin care services. 727 (c) Full specialty, which includes manicuring, pedicuring, 728 and facial services, including all services as described in 729 paragraphs (a) and (b). 730 Section 30. Section 477.0132, Florida Statutes, is 731 repealed. 732 Section 31. Subsections (7), (8), and (9) are added to 733 section 477.0135, Florida Statutes, to read: 734 477.0135 Exemptions.— 735 (7) A license or registration is not required for a person 736 whose occupation or practice is confined solely to hair braiding 737 as defined in s. 477.013(9). 738 (8) A license or registration is not required for a person 739 whose occupation or practice is confined solely to hair wrapping 740 as defined in s. 477.013(10). 741 (9) A license or registration is not required for a person 742 whose occupation or practice is confined solely to body wrapping 743 as defined in s. 477.013(12). 744 Section 32. Paragraph (b) of subsection (7) of section 745 477.019, Florida Statutes, is amended to read: 746 477.019 Cosmetologists; qualifications; licensure; 747 supervised practice; license renewal; endorsement; continuing 748 education.— 749 (7) 750(b) Any person whose occupation or practice is confined751solely to hair braiding, hair wrapping, or body wrapping is752exempt from the continuing education requirements of this753subsection.754 Section 33. Paragraph (f) of subsection (1) of section 755 477.026, Florida Statutes, is amended to read: 756 477.026 Fees; disposition.— 757 (1) The board shall set fees according to the following 758 schedule: 759(f) For hair braiders, hair wrappers, and body wrappers,760fees for registration shall not exceed $25.761 Section 34. Subsection (5) of section 481.203, Florida 762 Statutes, is amended to read: 763 481.203 Definitions.—As used in this part: 764 (5) “Business organization” means a partnership, a limited 765 liability company, a corporation, or an individual operating 766 under a fictitious name“Certificate of authorization” means a767certificate issued by the department to a corporation or768partnership to practice architecture or interior design. 769 Section 35. Section 481.219, Florida Statutes, is amended 770 to read: 771 481.219 Business organization; qualifying agents 772Certification of partnerships, limited liability companies, and773corporations.— 774 (1) A licensee mayThe practice of or the offer topractice 775 architecture or interior designby licenseesthrough a business 776 organization that offerscorporation, limited liability company,777or partnershipofferingarchitectural or interior design 778 services to the public, or throughbya business organization 779 that offerscorporation, limited liability company, or780partnershipofferingarchitectural or interior design services 781 to the public through such licenseesunder this partas agents, 782 employees, officers, or partners, is permitted, subject to the783provisions of this section. 784 (2) If a licensee or an applicant proposes to engage in the 785 practice of architecture or interior design as a business 786 organization, the licensee or applicant must apply to qualify 787 the business organizationFor the purposes of this section, a788certificate of authorization shall be required for a789corporation, limited liability company, partnership, or person790practicing under a fictitious name, offering architectural791services to the public jointly or separately. However,whenan792individual is practicing architecture in her or his own name,793she or he shall not be required to be certified under this794section. Certification under this subsection to offer795architectural services shall include all the rights and796privileges of certification under subsection (3) to offer797interior design services. 798 (a) An application to qualify a business organization must: 799 1. If the business is a partnership, state the names of the 800 partnership and its partners. 801 2. If the business is a corporation, state the names of the 802 corporation and its officers and directors and the name of each 803 of its stockholders who is also an officer or a director. 804 3. If the business is operating under a fictitious name, 805 state the fictitious name under which it is doing business. 806 4. If the business is not a partnership, a corporation, or 807 operating under a fictitious name, state the name of such other 808 legal entity and its members. 809 (b) The board may deny an application to qualify a business 810 organization if the applicant or any person required to be named 811 pursuant to paragraph (a) has been involved in past disciplinary 812 actions or on any grounds for which an individual registration 813 or certification may be denied. 814 (3)(a) A business organization may not engage in the 815 practice of architecture unless its qualifying agent is a 816 registered architect under this part. A business organization 817 may not engage in the practice of interior design unless its 818 qualifying agent is a registered architect or a registered 819 interior designer under this part. A qualifying agent who 820 terminates her or his affiliation with a business organization 821 shall immediately notify the department of such termination. If 822 the qualifying agent who terminates her or his affiliation is 823 the only qualifying agent for a business organization, the 824 business organization must be qualified by another qualifying 825 agent within 60 days after the termination. Except as provided 826 in paragraph (b), the business organization may not engage in 827 the practice of architecture or interior design until it is 828 qualified by a qualifying agent. 829 (b) In the event a qualifying architect or interior 830 designer ceases employment with the business organization, the 831 executive director or the chair of the board may authorize 832 another registered architect or interior designer employed by 833 the business organization to temporarily serve as its qualifying 834 agent for a period of no more than 60 days. The business 835 organization is not authorized to operate beyond such period 836 under this chapter absent replacement of the qualifying 837 architect or interior designer who has ceased employment. 838 (c) A qualifying agent shall notify the department in 839 writing before engaging in the practice of architecture or 840 interior design in her or his own name or in affiliation with a 841 different business organization, and she or he or such business 842 organization shall supply the same information to the department 843 as required of applicants under this partFor the purposes of844this section, a certificate of authorization shall be required845for a corporation, limited liability company, partnership, or846person operating under a fictitious name, offering interior847design services to the public jointly or separately. However,848when an individual is practicing interior design in her or his849own name, she or he shall not be required to be certified under850this section. 851 (4) All final construction documents and instruments of 852 service which include drawings, specifications, plans, reports, 853 or other papers or documents that involveinvolvingthe practice 854 of architecture which are prepared or approved for the use of 855 the business organizationcorporation, limited liability856company, or partnershipand filed for public record within the 857 state mustshallbear the signature and seal of the licensee who 858 prepared or approved them and the date on which they were 859 sealed. 860 (5) All drawings, specifications, plans, reports, or other 861 papers or documents prepared or approved for the use of the 862 business organizationcorporation, limited liability company, or863partnershipby an interior designer in her or his professional 864 capacity and filed for public record within the state mustshall865 bear the signature and seal of the licensee who prepared or 866 approved them and the date on which they were sealed. 867(6)The department shall issue a certificate of868authorization to any applicant who the board certifies as869qualified for a certificate of authorization and who has paid870the fee set in s. 481.207.871 (6)(7)The board shall allowcertifyan applicant to 872 qualify one or more business organizationsas qualified for a873certificate of authorizationto offer architectural or interior 874 design services, or to use a fictitious name to offer such 875 services, if one of the following criteria is metprovided that: 876 (a) One or more of the principal officers of the 877 corporation or limited liability company, or one or more 878 partners of the partnership, and all personnel of the 879 corporation, limited liability company, or partnership who act 880 in its behalf in this state as architects, are registered as 881 provided by this part.; or882 (b) One or more of the principal officers of the 883 corporation or one or more partners of the partnership, and all 884 personnel of the corporation, limited liability company, or 885 partnership who act in its behalf in this state as interior 886 designers, are registered as provided by this part. 887(8) The department shall adopt rules establishing a888procedure for the biennial renewal of certificates of889authorization.890(9) The department shall renew a certificate of891authorization upon receipt of the renewal application and892biennial renewal fee.893 (7)(10)Each qualifying agent approved to qualify a 894 business organizationpartnership, limited liability company,895and corporationcertifiedunder this section shall notify the 896 department within 30 days afterofany change in the information 897 contained in the application upon which the qualification 898certificationis based. Any registered architect or interior 899 designer who qualifies the business organization shall ensure 900corporation, limited liability company, or partnership as901provided in subsection (7) shall be responsible for ensuring902 responsible supervising control of projects of the business 903 organizationentityand shall notify the department of theupon904 termination of her or his employment with a business 905 organization qualifiedpartnership, limited liability company,906or corporation certifiedunder this sectionshall notify the907department of the terminationwithin 30 days after such 908 termination. 909 (8)(11)A business organization is notNo corporation,910limited liability company, or partnership shallberelieved of 911 responsibility for the conduct or acts of its agents, employees, 912 or officers by reason of its compliance with this section. 913 However, except as provided in s. 558.0035, the architect who 914 signs and seals the construction documents and instruments of 915 service isshall beliable for the professional services 916 performed, and the interior designer who signs and seals the 917 interior design drawings, plans, or specifications isshall be918 liable for the professional services performed. 919(12) Disciplinary action against a corporation, limited920liability company, or partnership shall be administered in the921same manner and on the same grounds as disciplinary action922against a registered architect or interior designer,923respectively.924 (9)(13)Nothing inThis section may notshallbe construed 925 to mean that a certificate of registration to practice 926 architecture or interior design mustshallbe held by a business 927 organizationcorporation, limited liability company, or928partnership.Nothing inThis section does not prohibit a 929 business organization from offeringprohibits corporations,930limited liability companies, and partnerships from joining931together to offerarchitectural, engineering, interior design, 932 surveying and mapping, and landscape architectural services, or 933 any combination of such services, to the public if the business 934 organization, provided that each corporation, limited liability935company, or partnershipotherwise meets the requirements of law. 936 (10)(14)A business organization that is qualified by a 937 registered architect mayCorporations, limited liability938companies, or partnerships holding a valid certificate of939authorization to practice architecture shall bepermitted touse 940in their titlethe term “interior designer” or “registered 941 interior designer” in its title.designer.”942 Section 36. Subsection (10) of section 481.221, Florida 943 Statutes, is amended to read: 944 481.221 Seals; display of certificate number.— 945 (10) Each registered architect or interior designer must,946and each corporation, limited liability company, or partnership947holding a certificate of authorization, shallinclude her or his 948 licenseits certificatenumber in any newspaper, telephone 949 directory, or other advertising medium used by the registered 950 licenseearchitect, interior designer, corporation, limited951liability company, or partnership. Each business organization 952 must include the license number of the registered architect or 953 interior designer who serves as the qualifying agent for that 954 business organization in any newspaper, telephone directory, or 955 other advertising medium used by the business organization, but 956 is not required to display the license numbers of other 957 registered architects or interior designers employed by the 958 business organizationA corporation, limited liability company,959or partnership is not required to display the certificate number960of individual registered architects or interior designers961employed by or working within the corporation, limited liability962company, or partnership. 963 Section 37. Paragraphs (a) and (c) of subsection (5) of 964 section 481.229, Florida Statutes, are amended to read: 965 481.229 Exceptions; exemptions from licensure.— 966 (5)(a)Nothing contained inThis part does not prohibit 967shall preventa registered architect or a qualified business 968 organizationpartnership, limited liability company, or969corporation holding a valid certificate of authorization to970provide architectural servicesfrom performing any interior 971 design service or from using the title “interior designer” or 972 “registered interior designer.” 973 (c) Notwithstanding any other provision of this part, a 974 registered architect or qualified business organization 975 certifiedanycorporation, partnership, or person operating976under a fictitious name which holds a certificate of977authorizationto provide architectural services mustshallbe 978 qualified, without fee,for a certificate of authorizationto 979 provide interior design services upon submission of a completed 980 application for qualificationtherefor.For corporations,981partnerships, and persons operating under a fictitious name982which hold a certificate of authorization to provide interior983design services, satisfaction of the requirements for renewal of984the certificate of authorization to provide architectural985services under s. 481.219 shall be deemed to satisfy the986requirements for renewal of the certificate of authorization to987provide interior design services under that section.988 Section 38. Section 481.303, Florida Statutes, is reordered 989 and amended to read: 990 481.303 Definitions.—As used in this chapter, the term: 991 (1) “Board” means the Board of Landscape Architecture. 992 (2) “Business organization” means any partnership, limited 993 liability company, corporation, or individual operating under a 994 fictitious name. 995 (4)(2)“Department” means the Department of Business and 996 Professional Regulation. 997 (8)(3)“Registered landscape architect” means a person who 998 holds a license to practice landscape architecture in this state 999 under the authority of this act. 1000 (3)(4)“Certificate of registration” means a license issued 1001 by the department to a natural person to engage in the practice 1002 of landscape architecture. 1003(5) “Certificate of authorization” means a license issued1004by the department to a corporation or partnership to engage in1005the practice of landscape architecture.1006 (5)(6)“Landscape architecture” means professional 1007 services, including, but not limited to, the following: 1008 (a) Consultation, investigation, research, planning, 1009 design, preparation of drawings, specifications, contract 1010 documents and reports, responsible construction supervision, or 1011 landscape management in connection with the planning and 1012 development of land and incidental water areas, including the 1013 use of Florida-friendly landscaping as defined in s. 373.185, 1014 where, and to the extent that, the dominant purpose of such 1015 services or creative works is the preservation, conservation, 1016 enhancement, or determination of proper land uses, natural land 1017 features, ground cover and plantings, or naturalistic and 1018 aesthetic values; 1019 (b) The determination of settings, grounds, and approaches 1020 for and the siting of buildings and structures, outdoor areas, 1021 or other improvements; 1022 (c) The setting of grades, shaping and contouring of land 1023 and water forms, determination of drainage, and provision for 1024 storm drainage and irrigation systems where such systems are 1025 necessary to the purposes outlined herein; and 1026 (d) The design of such tangible objects and features as are 1027 necessary to the purpose outlined herein. 1028 (6)(7)“Landscape design” means consultation for and 1029 preparation of planting plans drawn for compensation, including 1030 specifications and installation details for plant materials, 1031 soil amendments, mulches, edging, gravel, and other similar 1032 materials. Such plans may include only recommendations for the 1033 conceptual placement of tangible objects for landscape design 1034 projects. Construction documents, details, and specifications 1035 for tangible objects and irrigation systems shall be designed or 1036 approved by licensed professionals as required by law. 1037 (7) “Qualifying agent” means an owner, officer, or director 1038 of the corporation, or partner of the partnership, who is 1039 responsible for the supervision, direction, and management of 1040 projects of the business organization with which she or he is 1041 affiliated and for ensuring that responsible supervising control 1042 is being exercised. 1043 Section 39. Subsection (5) of section 481.321, Florida 1044 Statutes, is amended to read: 1045 481.321 Seals; display of certificate number.— 1046 (5) Each registered landscape architect mustand each1047corporation or partnership holding a certificate of1048authorization shallinclude her or hisitscertificate number in 1049 any newspaper, telephone directory, or other advertising medium 1050 used by the registered landscape architect, corporation, or 1051 partnership. A corporation or partnership mustis not required1052todisplay the certificate numbernumbersof at least one 1053 officer, director, owner, or partner who is aindividual1054 registered landscape architectarchitectsemployed by or 1055 practicing with the corporation or partnership. 1056 Section 40. Subsection (4) of section 481.311, Florida 1057 Statutes, is amended to read: 1058 481.311 Licensure.— 1059(4) The board shall certify as qualified for a certificate1060of authorization any applicant corporation or partnership who1061satisfies the requirements of s. 481.319.1062 Section 41. Subsection (2) of section 481.317, Florida 1063 Statutes, is amended to read: 1064 481.317 Temporary certificates.— 1065(2) Upon approval by the board and payment of the fee set1066in s. 481.307, the department shall grant a temporary1067certificate of authorization for work on one specified project1068in this state for a period not to exceed 1 year to an out-of1069state corporation, partnership, or firm, provided one of the1070principal officers of the corporation, one of the partners of1071the partnership, or one of the principals in the fictitiously1072named firm has obtained a temporary certificate of registration1073in accordance with subsection (1).1074 Section 42. Section 481.319, Florida Statutes, is amended 1075 to read: 1076 481.319 Corporate and partnership practice of landscape 1077 architecture; certificate of authorization.— 1078 (1) The practice of or offer to practice landscape 1079 architecture by registered landscape architects registered under 1080 this part through a corporation or partnership offering 1081 landscape architectural services to the public, or through a 1082 corporation or partnership offering landscape architectural 1083 services to the public through individual registered landscape 1084 architects as agents, employees, officers, or partners, is 1085 permitted, subject to the provisions of this section, if: 1086 (a) One or more of the principal officers of the 1087 corporation, or partners of the partnership, and all personnel 1088 of the corporation or partnership who act in its behalf as 1089 landscape architects in this state are registered landscape 1090 architects; and 1091 (b) One or more of the officers, one or more of the 1092 directors, one or more of the owners of the corporation, or one 1093 or more of the partners of the partnership is a registered 1094 landscape architect and has applied to be the qualifying agent 1095 for the business organization; and1096(c) The corporation or partnership has been issued a1097certificate of authorization by the board as provided herein. 1098 (2) All documents involving the practice of landscape 1099 architecture which are prepared for the use of the corporation 1100 or partnership mustshallbear the signature and seal of a 1101 registered landscape architect. 1102 (3) A landscape architect applying to practice in the name 1103 of aAn applicantcorporation mustshallfile with the 1104 department the names and addresses of all officers and board 1105 members of the corporation, including the principal officer or 1106 officers, duly registered to practice landscape architecture in 1107 this state and, also, of all individuals duly registered to 1108 practice landscape architecture in this state who shall be in 1109 responsible charge of the practice of landscape architecture by 1110 the corporation in this state. A landscape architect applying to 1111 practice in the name of aAn applicantpartnership mustshall1112 file with the department the names and addresses of all partners 1113 of the partnership, including the partner or partners duly 1114 registered to practice landscape architecture in this state and, 1115 also, of an individual or individuals duly registered to 1116 practice landscape architecture in this state who shall be in 1117 responsible charge of the practice of landscape architecture by 1118 said partnership in this state. 1119 (4) Each landscape architect qualifying a partnership or 1120andcorporationlicensedunder this part mustshallnotify the 1121 department within 1 month of any change in the information 1122 contained in the application upon which the license is based. 1123 Any landscape architect who terminates her or hisor her1124 employment with a partnership or corporation licensed under this 1125 part shall notify the department of the termination within 1 1126 month. 1127(5) Disciplinary action against a corporation or1128partnership shall be administered in the same manner and on the1129same grounds as disciplinary action against a registered1130landscape architect.1131 (5)(6)Except as provided in s. 558.0035, the fact that a 1132 registered landscape architect practices landscape architecture 1133 through a corporation or partnership as provided in this section 1134 does not relieve the landscape architect from personal liability 1135 for her or hisor herprofessional acts. 1136 Section 43. Subsection (5) of section 481.329, Florida 1137 Statutes, is amended to read: 1138 481.329 Exceptions; exemptions from licensure.— 1139 (5) This part does not prohibit any person from engaging in 1140 the practice of landscape design, as defined in s. 481.303(6)s.1141481.303(7), or from submitting for approval to a governmental 1142 agency planting plans that are independent of, or a component 1143 of, construction documents that are prepared by a Florida 1144 registered professional. Persons providing landscape design 1145 services shall not use the title, term, or designation 1146 “landscape architect,” “landscape architectural,” “landscape 1147 architecture,” “L.A.,” “landscape engineering,” or any 1148 description tending to convey the impression that she or he is a 1149 landscape architect unless she or he is registered as provided 1150 in this part. 1151 Section 44. Subsection (1) of section 548.017, Florida 1152 Statutes, is amended to read: 1153 548.017 Participants, managers, and other persons required 1154 to have licenses.— 1155 (1) A participant, manager, trainer, second,timekeeper,1156 referee, judge,announcer,physician, matchmaker, or promoter 1157 must be licensed before directly or indirectly acting in such 1158 capacity in connection with any match involving a participant. A 1159 physician approved by the commission must be licensed pursuant 1160 to chapter 458 or chapter 459, must maintain an unencumbered 1161 license in good standing, and must demonstrate satisfactory 1162 medical training or experience in boxing, or a combination of 1163 both, to the executive director before working as the ringside 1164 physician. 1165 Section 45. Paragraph (i) of subsection (2) of section 1166 548.003, Florida Statutes, is amended to read: 1167 548.003 Florida State Boxing Commission.— 1168 (2) The Florida State Boxing Commission, as created by 1169 subsection (1), shall administer the provisions of this chapter. 1170 The commission has authority to adopt rules pursuant to ss. 1171 120.536(1) and 120.54 to implement the provisions of this 1172 chapter and to implement each of the duties and responsibilities 1173 conferred upon the commission, including, but not limited to: 1174(i) Designation and duties of a knockdown timekeeper.1175 Section 46. This act shall take effect October 1, 2017.