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 branch
  224  office. The division shall establish by rule a fee not to exceed
  225  $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 Business
  232  and 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 and
  242  possessing a valid and subsisting license or permit.
  243         (8)To make any false statement in an application for a
  244  license.
  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 of
  251  registration shall be furnished at regular intervals by the
  252  commission to the Department of Business and Professional
  253  Regulation.
  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.; and
  404         (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, the legal entity must apply for licensure through a
  419  qualifying agent or the individual applicant must apply for
  420  licensure under the fictitious name of the business
  421  organization.
  422         (e) A The license, when issued upon application of a
  423  business organization, must be in the name of the qualifying
  424  agent business organization, and the name of the business
  425  organization qualifying agent must be noted on the license
  426  thereon. If there is a change in any information that is
  427  required to be stated on the application, the qualifying agent
  428  business organization shall, within 45 days after such change
  429  occurs, mail the correct information to the department.
  430         (3) The qualifying agent must shall be licensed under this
  431  chapter in order for the business organization to be qualified
  432  licensed in 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
  439  shall have 60 days after from the date of termination of the
  440  qualifying agent’s affiliation with the business organization in
  441  which to 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 allows shall only allow
  449  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’s business
  456  organization’s name, and the name of the business organization
  457  qualifying agent shall be noted thereon.
  458         (6) Each qualifying agent shall pay the department an
  459  amount equal to the original fee for licensure of a new business
  460  organization. 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 must shall be
  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 may shall not limit the number of
  469  business organizations that which the 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
  472  such information or evidence as is supplied 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  is shall be grounds 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 applicant shall 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, but shall not 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  Before Prior to reexamination, 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  
  703  The restricted license shall limit the licensee’s practice to
  704  those specific areas in which the applicant has demonstrated
  705  competence 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 treatment and
  730  does 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 confined
  758  solely to hair braiding, hair wrapping, or body wrapping is
  759  exempt from the continuing education requirements of this
  760  subsection.
  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 nail any one or more of the specialty practice
  770  practices within 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 nail a certificate of completion in a specialty
  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,
  833  fees 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 services or body
  839  wrapping, 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 wrapper unless
  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 a
  856  certificate issued by the department to a corporation or
  857  partnership 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
  861  Certification of partnerships, limited liability companies, and
  862  corporations.—
  863         (1) A licensee may The practice of or the offer to practice
  864  architecture or interior design by licensees through a business
  865  organization that offers corporation, limited liability company,
  866  or partnership offering architectural or interior design
  867  services to the public, or through by a business organization
  868  that offers corporation, limited liability company, or
  869  partnership offering architectural or interior design services
  870  to the public through such licensees under this part as agents,
  871  employees, officers, or partners, is permitted, subject to the
  872  provisions 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 organization For the purposes of this section, a
  877  certificate of authorization shall be required for a
  878  corporation, limited liability company, partnership, or person
  879  practicing under a fictitious name, offering architectural
  880  services to the public jointly or separately. However, when an
  881  individual is practicing architecture in her or his own name,
  882  she or he shall not be required to be certified under this
  883  section. Certification under this subsection to offer
  884  architectural services shall include all the rights and
  885  privileges of certification under subsection (3) to offer
  886  interior 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 part For the purposes of
  933  this section, a certificate of authorization shall be required
  934  for a corporation, limited liability company, partnership, or
  935  person operating under a fictitious name, offering interior
  936  design services to the public jointly or separately. However,
  937  when an individual is practicing interior design in her or his
  938  own name, she or he shall not be required to be certified under
  939  this 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 involve involving the practice
  943  of architecture which are prepared or approved for the use of
  944  the business organization corporation, limited liability
  945  company, or partnership and filed for public record within the
  946  state must shall bear 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 organization corporation, limited liability company, or
  952  partnership by an interior designer in her or his professional
  953  capacity and filed for public record within the state must shall
  954  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 of
  957  authorization to any applicant who the board certifies as
  958  qualified for a certificate of authorization and who has paid
  959  the fee set in s. 481.207.
  960         (6)(7) The board shall allow certify an applicant to
  961  qualify one or more business organizations as qualified for a
  962  certificate of authorization to offer architectural or interior
  963  design services, or to use a fictitious name to offer such
  964  services, if provided 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 a
  977  procedure for the biennial renewal of certificates of
  978  authorization.
  979         (9)The department shall renew a certificate of
  980  authorization upon receipt of the renewal application and
  981  biennial renewal fee.
  982         (7)(10) Each qualifying agent approved to qualify a
  983  business organization partnership, limited liability company,
  984  and corporation certified under this section shall notify the
  985  department within 30 days after of any change in the information
  986  contained in the application upon which the qualification
  987  certification is based. Any registered architect or interior
  988  designer who qualifies the business organization shall ensure
  989  corporation, limited liability company, or partnership as
  990  provided in subsection (7) shall be responsible for ensuring
  991  responsible supervising control of projects of the business
  992  organization entity and shall notify the department of the upon
  993  termination of her or his employment with a business
  994  organization qualified partnership, limited liability company,
  995  or corporation certified under this section shall notify the
  996  department of the termination within 30 days after such
  997  termination.
  998         (8)(11)A business organization is not No corporation,
  999  limited liability company, or partnership shall be relieved 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 is shall be liable for the professional services
 1005  performed, and the interior designer who signs and seals the
 1006  interior design drawings, plans, or specifications is shall be
 1007  liable for the professional services performed.
 1008         (12)Disciplinary action against a corporation, limited
 1009  liability company, or partnership shall be administered in the
 1010  same manner and on the same grounds as disciplinary action
 1011  against a registered architect or interior designer,
 1012  respectively.
 1013         (9)(13)Nothing in This section may not shall be construed
 1014  to mean that a certificate of registration to practice
 1015  architecture or interior design must shall be held by a business
 1016  organization corporation, limited liability company, or
 1017  partnership. Nothing in This section does not prohibit a
 1018  business organization from offering prohibits corporations,
 1019  limited liability companies, and partnerships from joining
 1020  together to offer architectural, 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 liability
 1024  company, or partnership otherwise meets the requirements of law.
 1025         (10)(14)A business organization that is qualified by a
 1026  registered architect may use Corporations, limited liability
 1027  companies, or partnerships holding a valid certificate of
 1028  authorization to practice architecture shall be permitted to use
 1029  in their title the 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,
 1035  and each corporation, limited liability company, or partnership
 1036  holding a certificate of authorization, shall include her or his
 1037  license its certificate number 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
 1046  architect, interior designer, corporation, limited liability
 1047  company, or partnership. A corporation, limited liability
 1048  company, or partnership is not required to display the
 1049  certificate number of individual registered architects or
 1050  interior designers employed by or working within the
 1051  corporation, 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 in This part does not prohibit
 1056  shall prevent a registered architect or a qualified business
 1057  organization partnership, limited liability company, or
 1058  corporation holding a valid certificate of authorization to
 1059  provide architectural services from 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 qualified any
 1064  corporation, partnership, or person operating under a fictitious
 1065  name which holds a certificate of authorization to provide
 1066  architectural services must shall be qualified, without fee, for
 1067  a certificate of authorization to provide interior design
 1068  services upon submission of a completed application for
 1069  qualification therefor. For corporations, partnerships, and
 1070  persons operating under a fictitious name which hold a
 1071  certificate of authorization to provide interior design
 1072  services, satisfaction of the requirements for renewal of the
 1073  certificate of authorization to provide architectural services
 1074  under s. 481.219 shall be deemed to satisfy the requirements for
 1075  renewal of the certificate of authorization to provide interior
 1076  design 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 issued
 1093  by the department to a corporation or partnership to engage in
 1094  the 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 certificate
 1130  of authorization any applicant corporation or partnership who
 1131  satisfies 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 set
 1136  in s. 481.307, the department shall grant a temporary
 1137  certificate of authorization for work on one specified project
 1138  in this state for a period not to exceed 1 year to an out-of
 1139  state corporation, partnership, or firm, provided one of the
 1140  principal officers of the corporation, one of the partners of
 1141  the partnership, or one of the principals in the fictitiously
 1142  named firm has obtained a temporary certificate of registration
 1143  in 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; and
 1166         (c)The corporation or partnership has been issued a
 1167  certificate 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 a An applicant corporation must shall file 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 a An applicant partnership must shall
 1182  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
 1190  and corporation licensed under this part must shall notify the
 1191  department within 1 month after of any change in the information
 1192  contained in the application upon which the license is based.
 1193  Any landscape architect who terminates her or his or her
 1194  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 or
 1198  partnership shall be administered in the same manner and on the
 1199  same grounds as disciplinary action against a registered
 1200  landscape 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 his or her professional 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 must and each
 1210  corporation or partnership holding a certificate of
 1211  authorization shall include her or his its certificate 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 must is not required
 1215  to display the certificate number numbers of at least one
 1216  officer, director, owner, or partner who is a individual
 1217  registered landscape architect architects employed 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)
 1224  481.303(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 may shall not 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; qualified certified under s. 481.219 to
 1249  practice or to offer to practice architecture; or qualified
 1250  certified under 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.

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