Bill Text: FL S1114 | 2018 | Regular Session | Comm Sub
Bill Title: Professional Regulation
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Failed) 2018-03-10 - Died in Appropriations [S1114 Detail]
Download: Florida-2018-S1114-Comm_Sub.html
Florida Senate - 2018 CS for SB 1114 By the Committee on Commerce and Tourism; and Senators Brandes, Hutson, and Perry 577-02895-18 20181114c1 1 A bill to be entitled 2 An act relating to professional regulation; amending 3 s. 120.565, F.S.; authorizing a person to seek a 4 declaratory statement from an agency as to the effect 5 of the person’s criminal background on his or her 6 eligibility for certain licenses, registrations, or 7 certificates; specifying that a person may seek a 8 declaratory statement before meeting any prerequisites 9 for the license, registration, or certification; 10 requiring that an agency’s conclusion in the 11 declaratory statement contain certain statements; 12 providing that the agency’s conclusion is binding 13 except under certain circumstances; requiring a person 14 seeking a declaratory statement to submit certain 15 items to the agency and pay certain fees and costs; 16 providing requirements for the processing of the 17 fingerprints; requiring the petitioner to pay the 18 actual cost of processing the fingerprints; amending 19 s. 326.004, F.S.; deleting the requirement for a yacht 20 broker to maintain a separate license for each branch 21 office; deleting the requirement for the Division of 22 Florida Condominiums, Timeshares, and Mobile Homes to 23 establish a fee; amending s. 447.02, F.S.; conforming 24 provisions; repealing s. 447.04, F.S., relating to 25 licensure and permit requirements for business agents; 26 repealing s. 447.041, F.S., relating to hearings for 27 persons or labor organizations denied licensure as a 28 business agent; repealing s. 447.045, F.S., relating 29 to confidential information obtained during the 30 application process; repealing s. 447.06, F.S., 31 relating to required registration of labor 32 organizations; amending s. 447.09, F.S.; deleting 33 certain prohibited actions relating to the right of 34 franchise of a member of a labor organization; 35 repealing s. 447.12, F.S., relating to registration 36 fees; repealing s. 447.16, F.S., relating to 37 applicability; amending s. 447.305, F.S.; deleting a 38 provision that requires notification of registrations 39 and renewals to the Department of Business and 40 Professional Regulation; amending s. 455.213, F.S.; 41 conforming a cross-reference; requiring the board to 42 use a specified process for the review of an 43 applicant’s criminal record to determine the 44 applicant’s eligibility for certain licenses; 45 prohibiting the conviction of a crime before a 46 specified date from being grounds for the denial of 47 certain licenses; defining the term “conviction”; 48 authorizing a person to apply for a license before his 49 or her lawful release from confinement or supervision; 50 prohibiting additional fees for an applicant confined 51 or under supervision; prohibiting the board from 52 basing a denial of a license application solely on the 53 applicant’s current confinement or supervision; 54 authorizing the board to stay the issuance of an 55 approved license under certain circumstances; 56 requiring the board to verify an applicant’s release 57 with the Department of Corrections; providing 58 requirements for the appearance of certain applicants 59 at certain meetings; requiring the board to adopt 60 rules specifying how certain crimes affect an 61 applicant’s eligibility for licensure; amending s. 62 464.203, F.S.; prohibiting the conviction of a crime 63 before a specified date from being grounds for the 64 denial of a certification under certain circumstances; 65 prohibiting the conviction of a crime before a 66 specified date from being grounds for the failure of a 67 background screening; defining the term “conviction”; 68 authorizing a person to apply for certification before 69 his or her lawful release from confinement or 70 supervision; prohibiting additional fees for an 71 applicant confined or under supervision; prohibiting 72 the board from basing the denial of a certification 73 solely on the applicant’s current confinement or 74 supervision; authorizing the board to stay the 75 issuance of an approved certificate under certain 76 circumstances; requiring the board to verify an 77 applicant’s release with the Department of 78 Corrections; providing requirements for the appearance 79 of certain applicants at certain meetings; requiring 80 the board to adopt rules specifying how certain crimes 81 may affect an applicant’s eligibility for 82 certification; amending s. 400.211, F.S.; conforming a 83 cross-reference; amending s. 469.006, F.S.; revising 84 licensure requirements for asbestos abatement 85 consulting or contracting as a partnership, 86 corporation, business trust, or other legal entity; 87 amending s. 469.009, F.S.; conforming provisions; 88 amending s. 476.034, F.S.; defining the terms 89 “restricted barber” and “restricted barbering”; 90 amending s. 476.114, F.S.; providing requirements for 91 licensure by examination as a restricted barber; 92 amending s. 476.144, F.S.; requiring the department to 93 license an applicant who the board certifies is 94 qualified to practice restricted barbering; amending 95 s. 477.013, F.S.; revising and providing definitions; 96 repealing s. 477.0132, F.S., relating to registration 97 for hair braiding, hair wrapping, and body wrapping; 98 amending s. 477.0135, F.S.; providing that licensure 99 or registration is not required for persons whose 100 occupation or practice is confined solely to hair 101 braiding, hair wrapping, body wrapping, nail 102 polishing, and makeup application; amending s. 103 477.019, F.S.; conforming provisions; amending s. 104 477.0201, F.S.; providing requirements for 105 registration as a nail specialist, facial specialist, 106 or full specialist; amending ss. 477.026, 477.0265, 107 and 477.029, F.S.; conforming provisions; amending s. 108 481.203, F.S.; revising a definition; amending s. 109 481.219, F.S.; revising the process by which a 110 business organization obtains the requisite license to 111 perform architectural services or interior design; 112 requiring that a licensee or an applicant apply to 113 qualify a business organization to practice 114 architecture or interior design; providing application 115 requirements; authorizing the Board of Architecture 116 and Interior Design to deny an application under 117 certain circumstances; providing notice requirements; 118 prohibiting a business organization from engaging in 119 certain practices until it is qualified by a 120 qualifying agent; authorizing the executive director 121 or the chair of the board to authorize a temporary 122 qualifying agent for a specified timeframe under 123 certain circumstances; requiring the board to allow an 124 applicant to qualify one or more business 125 organizations or to operate using a fictitious name 126 under certain circumstances; deleting a requirement 127 for the administration of disciplinary action against 128 a corporation, limited liability company, or 129 partnership; conforming provisions to changes made by 130 the act; amending s. 481.221, F.S.; requiring a 131 business organization to include the license number of 132 a certain registered architect or interior designer in 133 any advertising; providing an exception; conforming 134 provisions to changes made by the act; amending s. 135 481.229, F.S.; conforming provisions to changes made 136 by the act; amending s. 481.303, F.S.; revising 137 definitions; amending ss. 481.311 and 481.317, F.S.; 138 conforming provisions; amending s. 481.319, F.S.; 139 deleting the requirement for a certificate of 140 authorization; authorizing landscape architects to 141 practice through a corporation or partnership; 142 amending s. 481.321, F.S.; revising requirements 143 related to the display of a certificate number; 144 amending s. 481.329, F.S.; conforming a cross 145 reference; amending s. 287.055, F.S.; conforming a 146 provision; amending s. 548.003, F.S.; deleting the 147 requirement that the Florida State Boxing Commission 148 adopt rules relating to a knockdown timekeeper; 149 amending s. 548.017, F.S.; deleting the licensure 150 requirement for a timekeeper or announcer; providing 151 an effective date. 152 153 Be It Enacted by the Legislature of the State of Florida: 154 155 Section 1. Subsection (4) is added to section 120.565, 156 Florida Statutes, to read: 157 120.565 Declaratory statement by agencies.— 158 (4)(a) Any person may seek a declaratory statement 159 regarding an agency’s opinion as to the effect of the 160 petitioner’s criminal background on his or her eligibility for a 161 specific occupational or professional license, registration, or 162 certificate issued by the agency based on the applicable 163 statutes and rules for the occupation or profession. The 164 petition may include mitigating factors or other information the 165 petitioner believes relevant to establish the petitioner’s 166 eligibility, including, but not limited to, the time elapsed 167 since completion of or lawful release from confinement, 168 supervision, or nonmonetary condition imposed by the court for a 169 disqualifying offense, and the petitioner’s standing in his or 170 her community. A person may seek a declaratory statement under 171 this subsection before attaining any education, training, 172 experience, or other prerequisites for the license, 173 registration, or certification. 174 (b) The agency’s conclusion in the declaratory statement 175 must indicate whether: 176 1. The petitioner is disqualified from obtaining the 177 license, registration, or certification due to the petitioner’s 178 criminal background, regardless of the petitioner’s education, 179 training, experience, or other prerequisites required for the 180 license, registration, or certification. 181 2. The petitioner is not eligible for a specified 182 occupational or professional license, registration, or 183 certification because of his or her criminal background, but 184 that the conclusion may be reversed upon the petitioner’s 185 presentation of evidence of rehabilitation or mitigation 186 identified by the agency in the declaratory statement at any 187 time subsequent to the issuance of the declaratory statement. 188 3. Federal laws or regulations may impede the petitioner’s 189 licensure, registration, or certification in the profession or 190 occupation. 191 4. Conditions or restrictions imposed by the court on the 192 petitioner for a disqualifying offense may impede the 193 petitioner’s licensure, registration, or certification in the 194 profession or occupation. 195 (c) The agency’s conclusion in the declaratory statement 196 shall be binding on the agency as to the petitioner, unless the 197 petitioner’s subsequent criminal history constitutes an 198 independent basis for denial of the petitioner’s application for 199 a license, registration, or certification in the profession or 200 occupation. The agency’s conclusion is subject to judicial 201 review pursuant to s. 120.68. 202 (d) A person seeking a declaratory statement under this 203 subsection must submit to the agency, in addition to the 204 petition for a declaratory statement: 205 1. A fee set by the agency not to exceed $100; 206 2. A certified copy of each criminal judgment rendered 207 against the petitioner; and 208 3. A complete set of electronic fingerprints. 209 (e) The agency shall submit the fingerprints to the 210 Department of Law Enforcement for a state criminal history 211 record check and the Department of Law Enforcement shall forward 212 them to the Federal Bureau of Investigation for a national 213 criminal history record check. The agency shall review the 214 criminal history record results to determine if the petitioner 215 meets licensure, registration, or certification requirements. 216 The petitioner shall pay the actual cost of state and federal 217 processing in addition to the fee in subparagraph (d)1. 218 Section 2. Subsection (13) of section 326.004, Florida 219 Statutes, is amended to read: 220 326.004 Licensing.— 221 (13) Each broker must maintain a principal place of 222 business in this state and may establish branch offices in the 223 state.A separate license must be maintained for each branch224office. The division shall establish by rule a fee not to exceed225$100 for each branch office license.226 Section 3. Subsection (3) of section 447.02, Florida 227 Statutes, is amended to read: 228 447.02 Definitions.—The following terms, when used in this 229 chapter, shall have the meanings ascribed to them in this 230 section: 231(3)The term “department” means the Department of Business232and Professional Regulation.233 Section 4. Section 447.04, Florida Statutes, is repealed. 234 Section 5. Section 447.041, Florida Statutes, is repealed. 235 Section 6. Section 447.045, Florida Statutes, is repealed. 236 Section 7. Section 447.06, Florida Statutes, is repealed. 237 Section 8. Subsections (6) and (8) of section 447.09, 238 Florida Statutes, are amended to read: 239 447.09 Right of franchise preserved; penalties.—It shall be 240 unlawful for any person: 241(6)To act as a business agent without having obtained and242possessing a valid and subsisting license or permit.243(8)To make any false statement in an application for a244license.245 Section 9. Section 447.12, Florida Statutes, is repealed. 246 Section 10. Section 447.16, Florida Statutes, is repealed. 247 Section 11. Subsection (4) of section 447.305, Florida 248 Statutes, is amended to read: 249 447.305 Registration of employee organization.— 250(4)Notification of registrations and renewals of251registration shall be furnished at regular intervals by the252commission to the Department of Business and Professional253Regulation.254 Section 12. Present subsections (3) through (12) of section 255 455.213, Florida Statutes, are redesignated as subsections (4) 256 through (13), respectively, subsection (2) of that section is 257 amended, and a new subsection (3) is added to that section, to 258 read: 259 455.213 General licensing provisions.— 260 (2) Before the issuance of any license, the department may 261 charge an initial license fee as determined by rule of the 262 applicable board or, if no such board exists, by rule of the 263 department. Upon receipt of the appropriate license fee, except 264 as provided in subsection (4)(3), the department shall issue a 265 license to any person certified by the appropriate board, or its 266 designee, or the department when there is no board, as having 267 met the applicable requirements imposed by law or rule. However, 268 an applicant who is not otherwise qualified for licensure is not 269 entitled to licensure solely based on a passing score on a 270 required examination. Upon a determination by the department 271 that it erroneously issued a license, or upon the revocation of 272 a license by the applicable board, or by the department when 273 there is no board, the licensee must surrender his or her 274 license to the department. 275 (3)(a) Notwithstanding any other provision of law, the 276 board shall use the process in this subsection for review of an 277 applicant’s criminal record to determine his or her eligibility 278 for licensure as a: 279 1. Barber under chapter 476; 280 2. Cosmetologist or cosmetology specialist under chapter 281 477; or 282 3. Any of the following construction professions under 283 chapter 489: 284 a. Air-conditioning contractor; 285 b. Electrical contractor; 286 c. Mechanical contractor; 287 d. Plumbing contractor; 288 e. Pollutant storage systems contractor; 289 f. Roofing contractor; 290 g. Septic tank contractor; 291 h. Sheet metal contractor; 292 i. Solar contractor; 293 j. Swimming pool and spa contractor; 294 k. Underground utility and excavation contractor; and 295 l. Other specialty contractors. 296 (b) A conviction for a crime more than 5 years before the 297 date of the application may not be grounds for denial of a 298 license specified in paragraph (a). For purposes of this 299 paragraph, the term “conviction” means a determination of guilt 300 that is the result of a plea or trial, regardless of whether 301 adjudication is withheld. 302 (c)1. A person may apply for a license before his or her 303 lawful release from confinement or supervision. The department 304 may not charge an applicant an additional fee for being confined 305 or under supervision. The board may not deny an application for 306 a license solely on the basis of the applicant’s current 307 confinement or supervision. 308 2. After a license application is approved, the board may 309 stay the issuance of a license until the applicant is lawfully 310 released from confinement or supervision and the applicant 311 notifies the board of such release. The board must verify the 312 applicant’s release with the Department of Corrections before it 313 issues a license. 314 3. If an applicant is unable to appear in person due to his 315 or her confinement or supervision, the board must permit the 316 applicant to appear by teleconference or video conference, as 317 appropriate, at any meeting of the board or other hearing by the 318 agency concerning his or her application. 319 4. If an applicant is confined or under supervision, the 320 Department of Corrections and the board shall cooperate and 321 coordinate to facilitate the appearance of the applicant at a 322 board meeting or agency hearing in person, by teleconference, or 323 by video conference, as appropriate. 324 (d) The board shall adopt rules specifying the crimes that, 325 if committed, and regardless of adjudication, do not relate to 326 the practice of the profession or the ability to practice the 327 profession and do not constitute grounds for denial of a 328 license. 329 (e) The board shall adopt rules specifying the crimes that, 330 if committed, and regardless of adjudication, relate to the 331 practice of the profession or the ability to practice the 332 profession and may constitute grounds for denial of a license. 333 Section 13. Present subsections (2) through (8) of section 334 464.203, Florida Statutes, are redesignated as subsections (3) 335 through (9), respectively, and a new subsection (2) is added to 336 that section, to read: 337 464.203 Certified nursing assistants; certification 338 requirement.— 339 (2)(a)1. Except as provided in s. 435.07(4), a conviction 340 for a crime more than 7 years before the date of the application 341 may not be grounds for denial of a certificate to practice as a 342 certified nursing assistant. 343 2. Except as provided in s. 435.07(4), a conviction for a 344 crime more than 7 years before the date of the application may 345 not be grounds for failure of a required background screening. 346 3. For purposes of this paragraph, the term “conviction” 347 means a determination of guilt that is the result of a plea or 348 trial, regardless of whether adjudication is withheld. 349 (b)1. A person may apply for a certificate to practice as a 350 certified nursing assistant before his or her lawful release 351 from confinement or supervision. The department may not charge 352 an applicant an additional fee for being confined or under 353 supervision. The board may not deny an application for a 354 certificate solely on the basis of the person’s current 355 confinement or supervision. 356 2. After a certification application is approved, the board 357 may stay the issuance of a certificate until the applicant 358 notifies the board of his or her lawful release from confinement 359 or supervision. The board must verify the applicant’s release 360 with the Department of Corrections before it issues a license. 361 3. If an applicant is unable to appear in person due to his 362 or her confinement or supervision, the board must permit the 363 applicant to appear by teleconference or video conference, as 364 appropriate, at any meeting of the board or other hearing by the 365 agency concerning his or her application. 366 4. If an applicant is confined or under supervision, the 367 Department of Corrections and the board shall cooperate and 368 coordinate to facilitate the appearance of the applicant at a 369 board meeting or agency hearing in person, by teleconference, or 370 by video conference, as appropriate. 371 (d) The board shall adopt rules specifying the crimes that, 372 if committed, and regardless of adjudication, do not relate to 373 the practice of the profession or the ability to practice the 374 profession and do not constitute grounds for denial of a 375 certification. 376 (e) The board shall adopt rules specifying the crimes that, 377 if committed, and regardless of adjudication, relate to the 378 practice of the profession or the ability to practice the 379 profession and may constitute grounds for denial of a 380 certification. 381 Section 14. Subsection (4) of section 400.211, Florida 382 Statutes, is amended to read: 383 400.211 Persons employed as nursing assistants; 384 certification requirement.— 385 (4) When employed by a nursing home facility for a 12-month 386 period or longer, a nursing assistant, to maintain 387 certification, shall submit to a performance review every 12 388 months and must receive regular inservice education based on the 389 outcome of such reviews. The inservice training must meet all of 390 the following requirements: 391 (a) Be sufficient to ensure the continuing competence of 392 nursing assistants and must meet the standard specified in s. 393 464.203(8).s. 464.203(7);394 (b) Include, at a minimum: 395 1. Techniques for assisting with eating and proper feeding; 396 2. Principles of adequate nutrition and hydration; 397 3. Techniques for assisting and responding to the 398 cognitively impaired resident or the resident with difficult 399 behaviors; 400 4. Techniques for caring for the resident at the end-of 401 life; and 402 5. Recognizing changes that place a resident at risk for 403 pressure ulcers and falls.; and404 (c) Address areas of weakness as determined in nursing 405 assistant performance reviews and may address the special needs 406 of residents as determined by the nursing home facility staff. 407 408 Costs associated with this training may not be reimbursed from 409 additional Medicaid funding through interim rate adjustments. 410 Section 15. Paragraphs (a) and (e) of subsection (2), 411 subsection (3), paragraph (b) of subsection (4), and subsection 412 (6) of section 469.006, Florida Statutes, are amended to read: 413 469.006 Licensure of business organizations; qualifying 414 agents.— 415 (2)(a) If the applicant proposes to engage in consulting or 416 contracting as a partnership, corporation, business trust, or 417 other legal entity, or in any name other than the applicant’s 418 legal name, thelegal entity must apply for licensure through a419qualifying agent or theindividual applicant must apply for 420 licensure under thefictitiousname of the business 421 organization. 422 (e) AThelicense, when issued upon application of a423business organization,must be in the name of the qualifying 424 agentbusiness organization, and the name of the business 425 organizationqualifying agentmust be noted on the license 426thereon. If there is a change in any information that is 427 required to be stated on the application, the qualifying agent 428business organizationshall, within 45 days after such change 429 occurs, mail the correct information to the department. 430 (3) The qualifying agent mustshallbe licensed under this 431 chapter in order for the business organization to be qualified 432licensedin the category of the business conducted for which the 433 qualifying agent is licensed. If any qualifying agent ceases to 434 be affiliated with such business organization, the agent shall 435 so inform the department. In addition, if such qualifying agent 436 is the only licensed individual affiliated with the business 437 organization, the business organization shall notify the 438 department of the termination of the qualifying agent and has 439shall have60 days afterfromthe date of termination of the 440 qualifying agent’s affiliation with the business organizationin441whichto employ another qualifying agent. The business 442 organization may not engage in consulting or contracting until a 443 qualifying agent is employed, unless the department has granted 444 a temporary nonrenewable license to the financially responsible 445 officer, the president, the sole proprietor, a partner, or, in 446 the case of a limited partnership, the general partner, who 447 assumes all responsibilities of a primary qualifying agent for 448 the entity. This temporary license only allowsshall only allow449 the entity to proceed with incomplete contracts. 450 (4) 451 (b) Upon a favorable determination by the department, after 452 investigation of the financial responsibility, credit, and 453 business reputation of the qualifying agent and the new business 454 organization, the department shall issue, without any 455 examination, a new license in the qualifying agent’sbusiness456organization’sname, and the name of the business organization 457qualifying agentshall be noted thereon. 458 (6) Each qualifying agent shall pay the department an 459 amount equal to the original fee for licensureof a new business460organization.if the qualifying agent for a business 461 organization desires to qualify additional business 462 organizations.,The department shall require the agent to 463 present evidence of supervisory ability and financial 464 responsibility of each such organization. Allowing a licensee to 465 qualify more than one business organization mustshallbe 466 conditioned upon the licensee showing that the licensee has both 467 the capacity and intent to adequately supervise each business 468 organization. The department mayshallnot limit the number of 469 business organizations thatwhichthe licensee may qualify 470 except upon the licensee’s failure to provide such information 471 as is required under this subsection or upon a finding that the 472suchinformation or evidenceas issupplied is incomplete or 473 unpersuasive in showing the licensee’s capacity and intent to 474 comply with the requirements of this subsection. A qualification 475 for an additional business organization may be revoked or 476 suspended upon a finding by the department that the licensee has 477 failed in the licensee’s responsibility to adequately supervise 478 the operations of the business organization. Failure to 479 adequately supervise the operations of a business organization 480 isshall begrounds for denial to qualify additional business 481 organizations. 482 Section 16. Subsection (1) of section 469.009, Florida 483 Statutes, is amended to read: 484 469.009 License revocation, suspension, and denial of 485 issuance or renewal.— 486 (1) The department may revoke, suspend, or deny the 487 issuance or renewal of a license; reprimand, censure, or place 488 on probation any contractor, consultant, or financially 489 responsible officer, or business organization; require financial 490 restitution to a consumer; impose an administrative fine not to 491 exceed $5,000 per violation; require continuing education; or 492 assess costs associated with any investigation and prosecution 493 if the contractor or consultant, or business organization or 494 officer or agent thereof, is found guilty of any of the 495 following acts: 496 (a) Willfully or deliberately disregarding or violating the 497 health and safety standards of the Occupational Safety and 498 Health Act of 1970, the Construction Safety Act, the National 499 Emission Standards for Asbestos, the Environmental Protection 500 Agency Asbestos Abatement Projects Worker Protection Rule, the 501 Florida Statutes or rules promulgated thereunder, or any 502 ordinance enacted by a political subdivision of this state. 503 (b) Violating any provision of chapter 455. 504 (c) Failing in any material respect to comply with the 505 provisions of this chapter or any rule promulgated hereunder. 506 (d) Acting in the capacity of an asbestos contractor or 507 asbestos consultant under any license issued under this chapter 508 except in the name of the licensee as set forth on the issued 509 license. 510 (e) Proceeding on any job without obtaining all applicable 511 approvals, authorizations, permits, and inspections. 512 (f) Obtaining a license by fraud or misrepresentation. 513 (g) Being convicted or found guilty of, or entering a plea 514 of nolo contendere to, regardless of adjudication, a crime in 515 any jurisdiction which directly relates to the practice of 516 asbestos consulting or contracting or the ability to practice 517 asbestos consulting or contracting. 518 (h) Knowingly violating any building code, lifesafety code, 519 or county or municipal ordinance relating to the practice of 520 asbestos consulting or contracting. 521 (i) Performing any act which assists a person or entity in 522 engaging in the prohibited unlicensed practice of asbestos 523 consulting or contracting, if the licensee knows or has 524 reasonable grounds to know that the person or entity was 525 unlicensed. 526 (j) Committing mismanagement or misconduct in the practice 527 of contracting that causes financial harm to a customer. 528 Financial mismanagement or misconduct occurs when: 529 1. Valid liens have been recorded against the property of a 530 contractor’s customer for supplies or services ordered by the 531 contractor for the customer’s job; the contractor has received 532 funds from the customer to pay for the supplies or services; and 533 the contractor has not had the liens removed from the property, 534 by payment or by bond, within 75 days after the date of such 535 liens; 536 2. The contractor has abandoned a customer’s job and the 537 percentage of completion is less than the percentage of the 538 total contract price paid to the contractor as of the time of 539 abandonment, unless the contractor is entitled to retain such 540 funds under the terms of the contract or refunds the excess 541 funds within 30 days after the date the job is abandoned; or 542 3. The contractor’s job has been completed, and it is shown 543 that the customer has had to pay more for the contracted job 544 than the original contract price, as adjusted for subsequent 545 change orders, unless such increase in cost was the result of 546 circumstances beyond the control of the contractor, was the 547 result of circumstances caused by the customer, or was otherwise 548 permitted by the terms of the contract between the contractor 549 and the customer. 550 (k) Being disciplined by any municipality or county for an 551 act or violation of this chapter. 552 (l) Failing in any material respect to comply with the 553 provisions of this chapter, or violating a rule or lawful order 554 of the department. 555 (m) Abandoning an asbestos abatement project in which the 556 asbestos contractor is engaged or under contract as a 557 contractor. A project may be presumed abandoned after 20 days if 558 the contractor terminates the project without just cause and 559 without proper notification to the owner, including the reason 560 for termination; if the contractor fails to reasonably secure 561 the project to safeguard the public while work is stopped; or if 562 the contractor fails to perform work without just cause for 20 563 days. 564 (n) Signing a statement with respect to a project or 565 contract falsely indicating that the work is bonded; falsely 566 indicating that payment has been made for all subcontracted 567 work, labor, and materials which results in a financial loss to 568 the owner, purchaser, or contractor; or falsely indicating that 569 workers’ compensation and public liability insurance are 570 provided. 571 (o) Committing fraud or deceit in the practice of asbestos 572 consulting or contracting. 573 (p) Committing incompetency or misconduct in the practice 574 of asbestos consulting or contracting. 575 (q) Committing gross negligence, repeated negligence, or 576 negligence resulting in a significant danger to life or property 577 in the practice of asbestos consulting or contracting. 578 (r) Intimidating, threatening, coercing, or otherwise 579 discouraging the service of a notice to owner under part I of 580 chapter 713 or a notice to contractor under chapter 255 or part 581 I of chapter 713. 582 (s) Failing to satisfy, within a reasonable time, the terms 583 of a civil judgment obtained against the licensee, or the 584 business organization qualified by the licensee, relating to the 585 practice of the licensee’s profession. 586 587 For the purposes of this subsection, construction is considered 588 to be commenced when the contract is executed and the contractor 589 has accepted funds from the customer or lender. 590 Section 17. Subsections (2) and (3) of section 476.034, 591 Florida Statutes, are amended, and subsections (6) and (7) are 592 added to that section, to read: 593 476.034 Definitions.—As used in this act: 594 (2) “Barbering” means any of the following practices when 595 done for remuneration and for the public, but not when done for 596 the treatment of disease or physical or mental ailments: 597 shaving, cutting, trimming, coloring, shampooing, arranging, 598 dressing, curling, or waving the hair or beard or applying oils, 599 creams, lotions, or other preparations to the face, scalp, or 600 neck, either by hand or by mechanical appliances, and includes 601 any services defined as restricted barbering. 602 (3) “Barbershop” means any place of business wherein the 603 practice of barbering or restricted barbering is carried on. 604 (6) “Restricted barber” means a person who is licensed to 605 engage in the practice of restricted barbering in this state 606 under the authority of this chapter and is subject to the same 607 requirements and restrictions as a barber, except as 608 specifically provided in s. 476.114. 609 (7) “Restricted barbering” means any of the following 610 practices when done for remuneration and for the public, but not 611 when done for the treatment of disease or physical or mental 612 ailments: 613 (a) Hair cutting and styling, including the application of 614 hair tonics and hair spray, but not including the application of 615 other chemical preparations or solutions to the hair; 616 (b) Full facial shaves; 617 (c) Mustache and beard trimming; and 618 (d) Shampooing hair, including the application of shampoos 619 and conditioners, and blow drying the hair. 620 Section 18. Section 476.114, Florida Statutes, is amended 621 to read: 622 476.114 Examination; prerequisites.— 623 (1) A person desiring to be licensed as a barber shall 624 apply to the department for licensure and.625(2)An applicantshall be eligible for licensure by 626 examination to practice barbering if the applicant: 627 (a) Is at least 16 years of age; 628 (b) Pays the required application fee; and 629 (c)1. Holds an active valid license to practice barbering 630 in another state, has held the license for at least 1 year, and 631 does not qualify for licensure by endorsement as provided for in 632 s. 476.144(5); or 633 2. Has received a minimum of 1,200 hours of training as 634 established by the board, which shall include, butshallnot be 635 limited to, the equivalent of completion of services directly 636 related to the practice of barbering at one of the following: 637 a. A school of barbering licensed pursuant to chapter 1005; 638 b. A barbering program within the public school system; or 639 c. A government-operated barbering program in this state. 640 641 The board shall establish by rule procedures whereby the school 642 or program may certify that a person is qualified to take the 643 required examination after the completion of a minimum of 1,000 644 actual school hours. If the person passes the examination, she 645 or he shall have satisfied this requirement; but if the person 646 fails the examination, she or he shall not be qualified to take 647 the examination again until the completion of the full 648 requirements provided by this section. 649 (2) A person desiring to be licensed as a restricted barber 650 shall apply to the department for licensure and shall be 651 eligible for licensure by examination to practice restricted 652 barbering if the applicant: 653 (a) Is at least 16 years of age; 654 (b) Pays the required application fee; and 655 (c)1. Holds an active valid license to practice barbering 656 in another state, has held the license for at least 1 year, and 657 does not qualify for licensure by endorsement as provided for in 658 s. 476.144(5); or 659 2. Has received a minimum of 325 hours of training in 660 sanitation, safety, and laws and rules, as established by the 661 board, which must include, but not be limited to, the equivalent 662 of completion of services directly related to the practice of 663 restricted barbering at one of the following: 664 a. A school of barbering licensed pursuant to chapter 1005; 665 b. A barbering program within the public school system; or 666 c. A government-operated barbering program in this state. 667 (3) An applicant who meets the requirements set forth in 668 subparagraphs (1)(c)1. and 2.subparagraphs (2)(c)1. and 2.who 669 fails to pass the examination may take subsequent examinations 670 as many times as necessary to pass, except that the board may 671 specify by rule reasonable timeframes for rescheduling the 672 examination and additional training requirements for applicants 673 who, after the third attempt, fail to pass the examination. 674 BeforePrior toreexamination, the applicant must file the 675 appropriate form and pay the reexamination fee as required by 676 rule. 677 Section 19. Subsections (1) and (6) of section 476.144, 678 Florida Statutes, are amended to read: 679 476.144 Licensure.— 680 (1) The department shall license any applicant who the 681 board certifies is qualified to practice barbering or restricted 682 barbering in this state. 683 (6) A person may apply for a restricted license to practice 684 barbering. The board shall adopt rules specifying procedures for 685 an applicant to obtain a restricted license if the applicant: 686 (a)1. Has successfully completed a restricted barber 687 course, as established by rule of the board, at a school of 688 barbering licensed pursuant to chapter 1005, a barbering program 689 within the public school system, or a government-operated 690 barbering program in this state; or 691 2.a. Holds or has within the previous 5 years held an 692 active valid license to practice barbering in another state or 693 country or has held a Florida barbering license which has been 694 declared null and void for failure to renew the license, and the 695 applicant fulfilled the requirements of s. 476.114(2)(c)2. for 696 initial licensure; and 697 b. Has not been disciplined relating to the practice of 698 barbering in the previous 5 years; and 699 (b) Passes a written examination on the laws and rules 700 governing the practice of barbering in Florida, as established 701 by the board. 702 703The restricted license shall limit the licensee’s practice to704those specific areas in which the applicant has demonstrated705competence pursuant to rules adopted by the board.706 Section 20. Subsections (6) and (9) of section 477.013, 707 Florida Statutes, are amended to read: 708 477.013 Definitions.—As used in this chapter: 709 (6) “Specialty” means the practice of one or more of the 710 following: 711 (a) “Nail specialty” means manicuring, or the cutting, 712 polishing, tinting, coloring, cleansing, adding, or extending of 713 the nails, and massaging of the hands. This term includes any 714 procedure or process for the affixing of artificial nails, 715 except those nails which may be applied solely by use of a 716 simple adhesive; and.717(b)pedicuring, or the shaping, polishing, tinting, or 718 cleansing of the nails of the feet, and massaging or beautifying 719 of the feet. 720 (b)(c)“Facial specialty” means facials, or the massaging 721 or treating of the face or scalp with oils, creams, lotions, or 722 other preparations, and skin care services. 723 (c) “Full specialty” means all services within the 724 definition of nail specialty and facial specialty, including 725 manicuring, pedicuring, and facial services. 726 (9) “Hair braiding” means the weaving or interweaving of 727 natural human hair or commercial hair, including the use of hair 728 extensions or wefts, for compensation without cutting, coloring, 729 permanent waving, relaxing, removing, or chemical treatmentand730does not include the use of hair extensions or wefts. 731 Section 21. Section 477.0132, Florida Statutes, is 732 repealed. 733 Section 22. Subsections (7) through (11) are added to 734 section 477.0135, Florida Statutes, to read: 735 477.0135 Exemptions.— 736 (7) A license or registration is not required for a person 737 whose occupation or practice is confined solely to hair braiding 738 as defined in s. 477.013(9). 739 (8) A license or registration is not required for a person 740 whose occupation or practice is confined solely to hair wrapping 741 as defined in s. 477.013(10). 742 (9) A license or registration is not required for a person 743 whose occupation or practice is confined solely to body wrapping 744 as defined in s. 477.013(12). 745 (10) A license or registration is not required for a person 746 whose occupation or practice is confined solely to applying 747 polish to fingernails and toenails. 748 (11) A license or registration is not required for a person 749 whose occupation or practice is confined solely to makeup 750 application. 751 Section 23. Paragraph (b) of subsection (7) of section 752 477.019, Florida Statutes, is amended to read: 753 477.019 Cosmetologists; qualifications; licensure; 754 supervised practice; license renewal; endorsement; continuing 755 education.— 756 (7) 757(b)Any person whose occupation or practice is confined758solely to hair braiding, hair wrapping, or body wrapping is759exempt from the continuing education requirements of this760subsection.761 Section 24. Present subsections (2) through (6) of section 762 477.0201, Florida Statutes, are redesignated as subsections (4) 763 through (8), respectively, new subsections (2) and (3) are added 764 to that section, and subsection (1) of that section is amended 765 to read: 766 477.0201 Specialty registration; qualifications; 767 registration renewal; endorsement.— 768 (1) Any person is qualified for registration as a 769 specialist in a nailany one or more of thespecialty practice 770practiceswithin the practice of cosmetology under this chapter 771 who: 772 (a) Is at least 16 years of age or has received a high 773 school diploma. 774 (b) Has received at least 150 hours of training as 775 established by the board, which must focus primarily on 776 sanitation and safety and must include, but not be limited to, 777 the equivalent of completion of services directly related to the 778 practice of a naila certificate of completion in aspecialty 779 pursuant to s. 477.013(6)(a)477.013(6)from one of the 780 following: 781 1. A school licensed pursuant to s. 477.023. 782 2. A school licensed pursuant to chapter 1005 or the 783 equivalent licensing authority of another state. 784 3. A specialty program within the public school system. 785 4. A specialty division within the Cosmetology Division of 786 the Florida School for the Deaf and the Blind, provided the 787 training programs comply with minimum curriculum requirements 788 established by the board. 789 (2) Any person is qualified for registration as a 790 specialist in a facial specialty practice within the practice of 791 cosmetology under this chapter who: 792 (a) Is at least 16 years of age or has received a high 793 school diploma. 794 (b) Has received at least 165 hours of training as 795 established by the board, which must focus on sanitation and 796 safety and must include, but not be limited to, the equivalent 797 of completion of services directly related to the practice of 798 facial specialty pursuant to s. 477.013(6)(b) from one of the 799 following: 800 1. A school licensed pursuant to s. 477.023. 801 2. A school licensed pursuant to chapter 1005 or the 802 equivalent licensing authority of another state. 803 3. A specialty program within the public school system. 804 4. A specialty division within the Cosmetology Division of 805 the Florida School for the Deaf and the Blind, provided the 806 training programs comply with minimum curriculum requirements 807 established by the board. 808 (3) Any person is qualified for registration as a 809 specialist in a full specialty practice within the practice of 810 cosmetology under this chapter who: 811 (a) Is at least 16 years of age or has received a high 812 school diploma. 813 (b) Has received at least 300 hours of training as 814 established by the board, which must focus primarily on 815 sanitation and safety and must include, but not be limited to, 816 the equivalent of completion of services directly related to the 817 practice of full specialty pursuant to s. 477.013(6)(c) from one 818 of the following: 819 1. A school licensed pursuant to s. 477.023. 820 2. A school licensed pursuant to chapter 1005 or the 821 equivalent licensing authority of another state. 822 3. A specialty program within the public school system. 823 4. A specialty division within the Cosmetology Division of 824 the Florida School for the Deaf and the Blind, provided the 825 training programs comply with minimum curriculum requirements 826 established by the board. 827 Section 25. Paragraph (f) of subsection (1) of section 828 477.026, Florida Statutes, is amended to read: 829 477.026 Fees; disposition.— 830 (1) The board shall set fees according to the following 831 schedule: 832(f)For hair braiders, hair wrappers, and body wrappers,833fees for registration shall not exceed $25.834 Section 26. Paragraph (f) of subsection (1) of section 835 477.0265, Florida Statutes, is amended to read: 836 477.0265 Prohibited acts.— 837 (1) It is unlawful for any person to: 838 (f) Advertise or imply that skin care servicesor body839wrapping, as performed under this chapter, have any relationship 840 to the practice of massage therapy as defined in s. 480.033(3), 841 except those practices or activities defined in s. 477.013. 842 Section 27. Paragraph (a) of subsection (1) of section 843 477.029, Florida Statutes, is amended to read: 844 477.029 Penalty.— 845 (1) It is unlawful for any person to: 846 (a) Hold himself or herself out as a cosmetologist or,847 specialist, hair wrapper, hair braider, or body wrapperunless 848 duly licensed or registered, or otherwise authorized, as 849 provided in this chapter. 850 Section 28. Subsection (5) of section 481.203, Florida 851 Statutes, is amended to read: 852 481.203 Definitions.—As used in this part: 853 (5) “Business organization” means a partnership, a limited 854 liability company, a corporation, or an individual operating 855 under a fictitious name“Certificate of authorization” means a856certificate issued by the department to a corporation or857partnership to practice architecture or interior design. 858 Section 29. Section 481.219, Florida Statutes, is amended 859 to read: 860 481.219 Business organization; qualifying agents 861Certification of partnerships, limited liability companies, and862corporations.— 863 (1) A licensee mayThe practice of or the offer topractice 864 architecture or interior designby licenseesthrough a business 865 organization that offerscorporation, limited liability company,866or partnership offeringarchitectural or interior design 867 services to the public, or throughbya business organization 868 that offerscorporation, limited liability company, or869partnership offeringarchitectural or interior design services 870 to the public through such licenseesunder this partas agents, 871 employees, officers, or partners, is permitted, subject to the872provisions of this section. 873 (2) If a licensee or an applicant proposes to engage in the 874 practice of architecture or interior design as a business 875 organization, the licensee or applicant must apply to qualify 876 the business organizationFor the purposes of this section, a877certificate of authorization shall be required for a878corporation, limited liability company, partnership, or person879practicing under a fictitious name, offering architectural880services to the public jointly or separately. However, when an881individual is practicing architecture in her or his own name,882she or he shall not be required to be certified under this883section. Certification under this subsection to offer884architectural services shall include all the rights and885privileges of certification under subsection (3) to offer886interior design services. 887 (a) An application to qualify a business organization must: 888 1. If the business is a partnership, state the names of the 889 partnership and its partners. 890 2. If the business is a corporation, state the names of the 891 corporation and its officers and directors and the name of each 892 of its stockholders who is also an officer or a director. 893 3. If the business is operating under a fictitious name, 894 state the fictitious name under which it is doing business. 895 4. If the business is not a partnership, a corporation, or 896 operating under a fictitious name, state the name of such other 897 legal entity and its members. 898 (b) The board may deny an application to qualify a business 899 organization if the applicant or any person required to be named 900 pursuant to paragraph (a) has been involved in past disciplinary 901 actions or on any grounds for which an individual registration 902 may be denied. 903 (3)(a) A business organization may not engage in the 904 practice of architecture unless its qualifying agent is a 905 registered architect under this part. A business organization 906 may not engage in the practice of interior design unless its 907 qualifying agent is a registered architect or a registered 908 interior designer under this part. A qualifying agent who 909 terminates her or his affiliation with a business organization 910 shall immediately notify the department of such termination. If 911 the qualifying agent who terminates her or his affiliation is 912 the only qualifying agent for a business organization, the 913 business organization must be qualified by another qualifying 914 agent within 60 days after the termination. Except as provided 915 in paragraph (b), the business organization may not engage in 916 the practice of architecture or interior design until it is 917 qualified by a qualifying agent. 918 (b) In the event a qualifying architect or interior 919 designer ceases employment with the business organization, the 920 executive director or the chair of the board may authorize 921 another registered architect or interior designer employed by 922 the business organization to temporarily serve as its qualifying 923 agent for a period of no more than 60 days. The business 924 organization is not authorized to operate beyond such period 925 under this chapter absent replacement of the qualifying 926 architect or interior designer who has ceased employment. 927 (c) A qualifying agent shall notify the department in 928 writing before engaging in the practice of architecture or 929 interior design in her or his own name or in affiliation with a 930 different business organization, and she or he or such business 931 organization shall supply the same information to the department 932 as required of applicants under this partFor the purposes of933this section, a certificate of authorization shall be required934for a corporation, limited liability company, partnership, or935person operating under a fictitious name, offering interior936design services to the public jointly or separately. However,937when an individual is practicing interior design in her or his938own name, she or he shall not be required to be certified under939this section. 940 (4) All final construction documents and instruments of 941 service which include drawings, specifications, plans, reports, 942 or other papers or documents that involveinvolvingthe practice 943 of architecture which are prepared or approved for the use of 944 the business organizationcorporation, limited liability945company, or partnershipand filed for public record within the 946 state mustshallbear the signature and seal of the licensee who 947 prepared or approved them and the date on which they were 948 sealed. 949 (5) All drawings, specifications, plans, reports, or other 950 papers or documents prepared or approved for the use of the 951 business organizationcorporation, limited liability company, or952partnershipby an interior designer in her or his professional 953 capacity and filed for public record within the state mustshall954 bear the signature and seal of the licensee who prepared or 955 approved them and the date on which they were sealed. 956(6)The department shall issue a certificate of957authorization to any applicant who the board certifies as958qualified for a certificate of authorization and who has paid959the fee set in s. 481.207.960 (6)(7)The board shall allowcertifyan applicant to 961 qualify one or more business organizationsas qualified for a962certificate of authorizationto offer architectural or interior 963 design services, or to use a fictitious name to offer such 964 services, ifprovided that: 965 (a) One or more of the principal officers of the 966 corporation or limited liability company, or one or more 967 partners of the partnership, and all personnel of the 968 corporation, limited liability company, or partnership who act 969 in its behalf in this state as architects, are registered as 970 provided by this part; or 971 (b) One or more of the principal officers of the 972 corporation or one or more partners of the partnership, and all 973 personnel of the corporation, limited liability company, or 974 partnership who act in its behalf in this state as interior 975 designers, are registered as provided by this part. 976(8)The department shall adopt rules establishing a977procedure for the biennial renewal of certificates of978authorization.979(9)The department shall renew a certificate of980authorization upon receipt of the renewal application and981biennial renewal fee.982 (7)(10)Each qualifying agent approved to qualify a 983 business organizationpartnership, limited liability company,984and corporation certifiedunder this section shall notify the 985 department within 30 days afterofany change in the information 986 contained in the application upon which the qualification 987certificationis based. Any registered architect or interior 988 designer who qualifies the business organization shall ensure 989corporation, limited liability company, or partnership as990provided in subsection (7) shall be responsible for ensuring991 responsible supervising control of projects of the business 992 organizationentityand shall notify the department of theupon993 termination of her or his employment with a business 994 organization qualifiedpartnership, limited liability company,995or corporation certifiedunder this sectionshall notify the996department of the terminationwithin 30 days after such 997 termination. 998 (8)(11)A business organization is notNo corporation,999limited liability company, or partnership shall berelieved of 1000 responsibility for the conduct or acts of its agents, employees, 1001 or officers by reason of its compliance with this section. 1002 However, except as provided in s. 558.0035, the architect who 1003 signs and seals the construction documents and instruments of 1004 service isshall beliable for the professional services 1005 performed, and the interior designer who signs and seals the 1006 interior design drawings, plans, or specifications isshall be1007 liable for the professional services performed. 1008(12)Disciplinary action against a corporation, limited1009liability company, or partnership shall be administered in the1010same manner and on the same grounds as disciplinary action1011against a registered architect or interior designer,1012respectively.1013 (9)(13)Nothing inThis section may notshallbe construed 1014 to mean that a certificate of registration to practice 1015 architecture or interior design mustshallbe held by a business 1016 organizationcorporation, limited liability company, or1017partnership.Nothing inThis section does not prohibit a 1018 business organization from offeringprohibits corporations,1019limited liability companies, and partnerships from joining1020together to offerarchitectural, engineering, interior design, 1021 surveying and mapping, and landscape architectural services, or 1022 any combination of such services, to the public if the business 1023 organization, provided that each corporation, limited liability1024company, or partnershipotherwise meets the requirements of law. 1025 (10)(14)A business organization that is qualified by a 1026 registered architect may useCorporations, limited liability1027companies, or partnerships holding a valid certificate of1028authorization to practice architecture shall be permittedto use1029intheir titlethe term “interior designer” or “registered 1030 interior designer” in its title.designer.”1031 Section 30. Subsection (10) of section 481.221, Florida 1032 Statutes, is amended to read: 1033 481.221 Seals; display of certificate number.— 1034 (10) Each registered architect or interior designer must,1035and each corporation, limited liability company, or partnership1036holding a certificate of authorization, shallinclude her or his 1037 licenseits certificatenumber in any newspaper, telephone 1038 directory, or other advertising medium used by the registered 1039 licensee. Each business organization must include the license 1040 number of the registered architect or interior designer who 1041 serves as the qualifying agent for that business organization in 1042 any newspaper, telephone directory, or other advertising medium 1043 used by the business organization, but is not required to 1044 display the license numbers of other registered architects or 1045 interior designers employed by the business organization 1046architect, interior designer, corporation, limited liability1047company, or partnership.A corporation, limited liability1048company, or partnership is not required to display the1049certificate number of individual registered architects or1050interior designers employed by or working within the1051corporation, limited liability company, or partnership.1052 Section 31. Paragraphs (a) and (c) of subsection (5) of 1053 section 481.229, Florida Statutes, are amended to read: 1054 481.229 Exceptions; exemptions from licensure.— 1055 (5)(a)Nothing contained inThis part does not prohibit 1056shall preventa registered architect or a qualified business 1057 organizationpartnership, limited liability company, or1058corporation holding a valid certificate of authorization to1059provide architectural servicesfrom performing any interior 1060 design service or from using the title “interior designer” or 1061 “registered interior designer.” 1062 (c) Notwithstanding any other provision of this part, a 1063 registered architect or business organization qualifiedany1064corporation, partnership, or person operating under a fictitious1065name which holds a certificate of authorizationto provide 1066 architectural services mustshallbe qualified, without fee,for1067a certificate of authorizationto provide interior design 1068 services upon submission of a completed application for 1069 qualificationtherefor.For corporations, partnerships, and1070persons operating under a fictitious name which hold a1071certificate of authorization to provide interior design1072services, satisfaction of the requirements for renewal of the1073certificate of authorization to provide architectural services1074under s. 481.219 shall be deemed to satisfy the requirements for1075renewal of the certificate of authorization to provide interior1076design services under that section.1077 Section 32. Section 481.303, Florida Statutes, is reordered 1078 and amended to read: 1079 481.303 Definitions.—As used in this chapter, the term: 1080 (1) “Board” means the Board of Landscape Architecture. 1081 (2) “Business organization” means any partnership, limited 1082 liability company, corporation, or individual operating under a 1083 fictitious name. 1084 (4)(2)“Department” means the Department of Business and 1085 Professional Regulation. 1086 (7)(3)“Registered landscape architect” means a person who 1087 holds a license to practice landscape architecture in this state 1088 under the authority of this act. 1089 (3)(4)“Certificate of registration” means a license issued 1090 by the department to a natural person to engage in the practice 1091 of landscape architecture. 1092(5) “Certificate of authorization” means a license issued1093by the department to a corporation or partnership to engage in1094the practice of landscape architecture.1095 (5)(6)“Landscape architecture” means professional 1096 services, including, but not limited to, the following: 1097 (a) Consultation, investigation, research, planning, 1098 design, preparation of drawings, specifications, contract 1099 documents and reports, responsible construction supervision, or 1100 landscape management in connection with the planning and 1101 development of land and incidental water areas, including the 1102 use of Florida-friendly landscaping as defined in s. 373.185, 1103 where, and to the extent that, the dominant purpose of such 1104 services or creative works is the preservation, conservation, 1105 enhancement, or determination of proper land uses, natural land 1106 features, ground cover and plantings, or naturalistic and 1107 aesthetic values; 1108 (b) The determination of settings, grounds, and approaches 1109 for and the siting of buildings and structures, outdoor areas, 1110 or other improvements; 1111 (c) The setting of grades, shaping and contouring of land 1112 and water forms, determination of drainage, and provision for 1113 storm drainage and irrigation systems where such systems are 1114 necessary to the purposes outlined herein; and 1115 (d) The design of such tangible objects and features as are 1116 necessary to the purpose outlined herein. 1117 (6)(7)“Landscape design” means consultation for and 1118 preparation of planting plans drawn for compensation, including 1119 specifications and installation details for plant materials, 1120 soil amendments, mulches, edging, gravel, and other similar 1121 materials. Such plans may include only recommendations for the 1122 conceptual placement of tangible objects for landscape design 1123 projects. Construction documents, details, and specifications 1124 for tangible objects and irrigation systems shall be designed or 1125 approved by licensed professionals as required by law. 1126 Section 33. Subsection (4) of section 481.311, Florida 1127 Statutes, is amended to read: 1128 481.311 Licensure.— 1129(4)The board shall certify as qualified for a certificate1130of authorization any applicant corporation or partnership who1131satisfies the requirements of s. 481.319.1132 Section 34. Subsection (2) of section 481.317, Florida 1133 Statutes, is amended to read: 1134 481.317 Temporary certificates.— 1135(2)Upon approval by the board and payment of the fee set1136in s. 481.307, the department shall grant a temporary1137certificate of authorization for work on one specified project1138in this state for a period not to exceed 1 year to an out-of1139state corporation, partnership, or firm, provided one of the1140principal officers of the corporation, one of the partners of1141the partnership, or one of the principals in the fictitiously1142named firm has obtained a temporary certificate of registration1143in accordance with subsection (1).1144 Section 35. Section 481.319, Florida Statutes, is amended 1145 to read: 1146 481.319 Corporate and partnership practice of landscape 1147 architecture; certificate of authorization.— 1148 (1) The practice of or offer to practice landscape 1149 architecture by registered landscape architects registered under 1150 this part through a corporation or partnership offering 1151 landscape architectural services to the public, or through a 1152 corporation or partnership offering landscape architectural 1153 services to the public through individual registered landscape 1154 architects as agents, employees, officers, or partners, is 1155 permitted, subject to the provisions of this section, if: 1156 (a) One or more of the principal officers of the 1157 corporation, or partners of the partnership, and all personnel 1158 of the corporation or partnership who act in its behalf as 1159 landscape architects in this state are registered landscape 1160 architects; and 1161 (b) One or more of the officers, one or more of the 1162 directors, one or more of the owners of the corporation, or one 1163 or more of the partners of the partnership is a registered 1164 landscape architect and has applied to be the qualifying agent 1165 for the business organization; and1166(c)The corporation or partnership has been issued a1167certificate of authorization by the board as provided herein. 1168 (2) All documents involving the practice of landscape 1169 architecture which are prepared for the use of the corporation 1170 or partnership shall bear the signature and seal of a registered 1171 landscape architect. 1172 (3) A landscape architect applying to practice in the name 1173 of aAn applicantcorporation mustshallfile with the 1174 department the names and addresses of all officers and board 1175 members of the corporation, including the principal officer or 1176 officers, duly registered to practice landscape architecture in 1177 this state and, also, of all individuals duly registered to 1178 practice landscape architecture in this state who shall be in 1179 responsible charge of the practice of landscape architecture by 1180 the corporation in this state. A landscape architect applying to 1181 practice in the name of aAn applicantpartnership mustshall1182 file with the department the names and addresses of all partners 1183 of the partnership, including the partner or partners duly 1184 registered to practice landscape architecture in this state and, 1185 also, of an individual or individuals duly registered to 1186 practice landscape architecture in this state who shall be in 1187 responsible charge of the practice of landscape architecture by 1188 said partnership in this state. 1189 (4) Each landscape architect qualifying a partnership or 1190andcorporationlicensedunder this part mustshallnotify the 1191 department within 1 month afterofany change in the information 1192 contained in the application upon which the license is based. 1193 Any landscape architect who terminates her or hisor her1194 employment with a partnership or corporation licensed under this 1195 part shall notify the department of the termination within 1 1196 month after such termination. 1197(5)Disciplinary action against a corporation or1198partnership shall be administered in the same manner and on the1199same grounds as disciplinary action against a registered1200landscape architect.1201 (5)(6)Except as provided in s. 558.0035, the fact that a 1202 registered landscape architect practices landscape architecture 1203 through a corporation or partnership as provided in this section 1204 does not relieve the landscape architect from personal liability 1205 for her or hisor herprofessional acts. 1206 Section 36. Subsection (5) of section 481.321, Florida 1207 Statutes, is amended to read: 1208 481.321 Seals; display of certificate number.— 1209 (5) Each registered landscape architect mustand each1210corporation or partnership holding a certificate of1211authorization shallinclude her or hisitscertificate number in 1212 any newspaper, telephone directory, or other advertising medium 1213 used by the registered landscape architect, corporation, or 1214 partnership. A corporation or partnership mustis not required1215todisplay the certificate numbernumbersof at least one 1216 officer, director, owner, or partner who is aindividual1217 registered landscape architectarchitectsemployed by or 1218 practicing with the corporation or partnership. 1219 Section 37. Subsection (5) of section 481.329, Florida 1220 Statutes, is amended to read: 1221 481.329 Exceptions; exemptions from licensure.— 1222 (5) This part does not prohibit any person from engaging in 1223 the practice of landscape design, as defined in s. 481.303(6) 1224481.303(7), or from submitting for approval to a governmental 1225 agency planting plans that are independent of, or a component 1226 of, construction documents that are prepared by a Florida 1227 registered professional. Persons providing landscape design 1228 services mayshallnot use the title, term, or designation 1229 “landscape architect,” “landscape architectural,” “landscape 1230 architecture,” “L.A.,” “landscape engineering,” or any 1231 description tending to convey the impression that she or he is a 1232 landscape architect unless she or he is registered as provided 1233 in this part. 1234 Section 38. Paragraph (h) of subsection (2) of section 1235 287.055, Florida Statutes, is amended to read: 1236 287.055 Acquisition of professional architectural, 1237 engineering, landscape architectural, or surveying and mapping 1238 services; definitions; procedures; contingent fees prohibited; 1239 penalties.— 1240 (2) DEFINITIONS.—For purposes of this section: 1241 (h) A “design-build firm” means a partnership, corporation, 1242 or other legal entity that: 1243 1. Is certified under s. 489.119 to engage in contracting 1244 through a certified or registered general contractor or a 1245 certified or registered building contractor as the qualifying 1246 agent; or 1247 2. Is certified under s. 471.023 to practice or to offer to 1248 practice engineering; qualifiedcertifiedunder s. 481.219 to 1249 practice or to offer to practice architecture; or qualified 1250certifiedunder s. 481.319 to practice or to offer to practice 1251 landscape architecture. 1252 Section 39. Present paragraphs (j) and (k) of subsection 1253 (2) of section 548.003, Florida Statutes, are redesignated as 1254 paragraphs (i) and (j), respectively, and present paragraph (i) 1255 of that subsection is amended, to read: 1256 548.003 Florida State Boxing Commission.— 1257 (2) The Florida State Boxing Commission, as created by 1258 subsection (1), shall administer the provisions of this chapter. 1259 The commission has authority to adopt rules pursuant to ss. 1260 120.536(1) and 120.54 to implement the provisions of this 1261 chapter and to implement each of the duties and responsibilities 1262 conferred upon the commission, including, but not limited to: 1263(i)Designation and duties of a knockdown timekeeper.1264 Section 40. Subsection (1) of section 548.017, Florida 1265 Statutes, is amended to read: 1266 548.017 Participants, managers, and other persons required 1267 to have licenses.— 1268 (1) A participant, manager, trainer, second,timekeeper,1269 referee, judge,announcer,physician, matchmaker, or promoter 1270 must be licensed before directly or indirectly acting in such 1271 capacity in connection with any match involving a participant. A 1272 physician approved by the commission must be licensed pursuant 1273 to chapter 458 or chapter 459, must maintain an unencumbered 1274 license in good standing, and must demonstrate satisfactory 1275 medical training or experience in boxing, or a combination of 1276 both, to the executive director before working as the ringside 1277 physician. 1278 Section 41. This act shall take effect July 1, 2018.