Bill Text: FL S1640 | 2019 | Regular Session | Comm Sub


Bill Title: Deregulation of Professions and Occupations

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-05-03 - Died on Calendar [S1640 Detail]

Download: Florida-2019-S1640-Comm_Sub.html
       Florida Senate - 2019               CS for CS for CS for SB 1640
       
       
        
       By the Committees on Appropriations; Commerce and Tourism; and
       Innovation, Industry, and Technology; and Senator Albritton
       
       
       
       
       576-04622-19                                          20191640c3
    1                        A bill to be entitled                      
    2         An act relating to the deregulation of professions and
    3         occupations; amending s. 326.004, F.S.; deleting the
    4         requirement for a yacht broker to maintain a separate
    5         license for each branch office; deleting the
    6         requirement for the division to establish a fee;
    7         amending s. 447.02, F.S.; conforming provisions to
    8         changes made by the act; repealing s. 447.04, F.S.,
    9         relating to licensure and permit requirements for
   10         business agents; repealing s. 447.041, F.S., relating
   11         to hearings for persons or labor organizations denied
   12         licensure as a business agent; repealing s. 447.045,
   13         F.S., relating to confidential information obtained
   14         during the application process; repealing s. 447.06,
   15         F.S., relating to required registration of labor
   16         organizations; amending s. 447.09, F.S.; deleting
   17         certain prohibited actions relating to the right of
   18         franchise of a member of a labor organization;
   19         repealing s. 447.12, F.S., relating to registration
   20         fees; repealing s. 447.16, F.S., relating to
   21         applicability; amending s. 447.305, F.S.; deleting a
   22         provision that requires notification of registrations
   23         and renewals to the department; amending s. 455.213,
   24         F.S.; requiring the Department of Business and
   25         Professional Regulation or a board to seek reciprocal
   26         licensing agreements with other states under certain
   27         circumstances; providing requirements; requiring the
   28         department, in consultation with applicable
   29         professional boards and the Department of Education,
   30         to conduct a specified review of certain
   31         apprenticeship programs; requiring the Department of
   32         Business and Professional Regulation to submit a
   33         report to the Governor and the Legislature by a
   34         specified date; amending s. 468.385, F.S.; revising
   35         requirements relating to businesses auctioning or
   36         offering to auction property in this state; amending
   37         s. 468.401, F.S.; redefining the term “talent agency”;
   38         amending s. 468.408, F.S.; conforming provisions to
   39         changes made by the act; amending s. 468.412, F.S.;
   40         requiring employees of talent agencies to complete
   41         level 1 background screenings; amending s. 468.415,
   42         F.S.; prohibiting any agent, owner, or operator who
   43         commits sexual misconduct in the operation of a talent
   44         agency from acting as an agent, owner, or operator of
   45         a Florida talent agency; amending s. 468.524, F.S.;
   46         deleting specified exemptions from the time
   47         restriction for an employee leasing company to reapply
   48         for licensure; amending s. 468.613, F.S.; providing
   49         for waiver of specified requirements for certification
   50         under certain circumstances; amending s. 468.8314,
   51         F.S.; requiring an applicant for a license by
   52         endorsement to maintain a specified insurance policy;
   53         requiring the department to certify an applicant who
   54         holds a specified license issued by another state or
   55         territory of the United States under certain
   56         circumstances; amending s. 468.8414, F.S.; providing
   57         additional licensure requirements for mold
   58         remediators; amending s. 469.006, F.S.; providing
   59         additional licensure requirements for asbestos
   60         abatement consulting or contracting as a partnership,
   61         corporation, business trust, or other legal entity;
   62         amending s. 469.009, F.S.; conforming provisions to
   63         changes made by the act; amending s. 471.005, F.S.;
   64         revising definitions; amending s. 471.011, F.S.;
   65         conforming a provision to changes made by the act;
   66         amending s. 471.015, F.S.; revising licensure
   67         requirements for engineers who hold specified licenses
   68         in another state; amending s. 471.023, F.S.; providing
   69         requirements for qualification of a business
   70         organization; providing requirements for a qualifying
   71         agent; deleting the administration of disciplinary
   72         action against a business organization; amending s.
   73         473.308, F.S.; deleting continuing education
   74         requirements for license by endorsement for certified
   75         public accountants; amending s. 474.202, F.S.;
   76         revising the definition of the term “limited-service
   77         veterinary medical practice” to include certain
   78         vaccinations or immunizations; amending s. 474.207,
   79         F.S.; revising education requirements for licensure by
   80         examination; amending s. 474.217, F.S.; requiring the
   81         Department of Business and Professional Regulation to
   82         issue a license by endorsement to certain applicants
   83         who successfully complete a specified examination;
   84         amending s. 476.144, F.S.; requiring the department to
   85         license an applicant who is licensed to practice
   86         barbering in another state; amending s. 477.013, F.S.;
   87         revising the definition of the term “hair braiding”;
   88         repealing s. 477.0132, F.S., relating to registration
   89         for hair braiding, hair wrapping, and body wrapping;
   90         amending s. 477.0135, F.S.; providing additional
   91         exemptions from license or registration requirements
   92         for specified occupations or practices; amending s.
   93         477.019, F.S.; conforming provisions to changes made
   94         by the act; amending s. 477.026, F.S.; conforming
   95         provisions to changes made by the act; amending s.
   96         477.0263, F.S.; providing certain cosmetology services
   97         may be performed in a location other than a licensed
   98         salon under certain circumstances; amending ss.
   99         477.0265 and 477.029, F.S.; conforming provisions to
  100         changes made by the act; amending s. 481.203, F.S.;
  101         revising definitions; amending s. 481.215, F.S.;
  102         conforming provisions to changes made by the act;
  103         revising requirements relating to the renewal of an
  104         interior designer license; specifying that the Board
  105         of Architecture and Interior Design shall only approve
  106         certain continuing education; providing exceptions;
  107         amending s. 481.219, F.S.; conforming provisions to
  108         changes made by the act; requiring certain licensees
  109         and applicants to qualify a business organization upon
  110         approval of the board; providing requirements for
  111         business organizations engaging in the practice of
  112         architecture or interior design and for the qualifying
  113         agents of such business organizations; revising
  114         construction; amending s. 481.221, F.S.; conforming
  115         provisions to changes made by the act; requiring a
  116         registered architect, an interior designer, and a
  117         business organization to display certain license
  118         numbers in specified advertisements; providing an
  119         exception; amending s. 481.229, F.S.; conforming
  120         provisions to changes made by the act; amending s.
  121         481.303, F.S.; deleting the definition of the term
  122         “certificate of authorization”; amending s. 481.310,
  123         F.S.; providing that an applicant who holds certain
  124         degrees is not required to demonstrate 1 year of
  125         practical experience for licensure; amending s.
  126         481.311, F.S.; requiring the Board of Landscape
  127         Architecture to certify an applicant who holds a
  128         specified license issued by another state or territory
  129         of the United States under certain circumstances;
  130         conforming provisions to changes made by the act;
  131         amending s. 481.317, F.S.; conforming provisions to
  132         changes made by the act; amending s. 481.319, F.S.;
  133         deleting the requirement for a certificate of
  134         authorization; authorizing landscape architects to
  135         practice through a corporation or partnership;
  136         amending s. 481.321, F.S.; requiring a landscape
  137         architect to display their certificate number in
  138         specified advertisements; amending s. 481.329, F.S.;
  139         conforming a cross-reference; amending s. 489.103,
  140         F.S.; revising certain contract prices for exemption;
  141         amending s. 489.111, F.S.; revising provisions
  142         relating to eligibility for licensure; amending s.
  143         489.115, F.S.; requiring the Construction Industry
  144         Licensing Board to certify any applicant who holds a
  145         specified license to practice contracting issued by
  146         another state or territory of the United States under
  147         certain circumstances; amending s. 489.511, F.S.;
  148         requiring the board to certify as qualified for
  149         certification by endorsement any applicant who holds a
  150         specified license to practice electrical or alarm
  151         system contracting issued by another state or
  152         territory of the United States under certain
  153         circumstances; amending s. 489.517, F.S.; providing a
  154         reduction in certain continuing education hours
  155         required for registered contractors; amending s.
  156         489.518, F.S.; requiring a person to have completed a
  157         specified amount of training within a certain time
  158         period to perform the duties of an alarm system agent;
  159         amending s. 492.104, F.S.; conforming provisions to
  160         changes made by the act; amending s. 492.108, F.S.;
  161         requiring the department to issue a license by
  162         endorsement to any applicant who has held a specified
  163         license to practice geology in another state, trust,
  164         territory, or possession of the United States for a
  165         certain period of time; providing that an applicant
  166         may take the examination required by the board if they
  167         have not met the specified examination requirement;
  168         amending s. 492.111, F.S.; deleting the requirements
  169         for a certificate of authorization for a professional
  170         geologist; amending ss. 492.113 and 492.115, F.S.;
  171         conforming provisions to changes made by the act;
  172         amending s. 548.003, F.S.; deleting the requirement
  173         that the Florida State Boxing Commission adopt rules
  174         relating to a knockdown timekeeper; amending s.
  175         548.017, F.S.; deleting the licensure requirement for
  176         a timekeeper or an announcer; amending s. 553.74,
  177         F.S.; revising the membership and qualifications of
  178         the Florida Building Commission; amending ss. 559.25
  179         and 287.055, F.S.; conforming provisions to changes
  180         made by the act; providing effective dates.
  181          
  182  Be It Enacted by the Legislature of the State of Florida:
  183  
  184         Section 1. Subsection (13) of section 326.004, Florida
  185  Statutes, is amended to read:
  186         326.004 Licensing.—
  187         (13) Each broker must maintain a principal place of
  188  business in this state and may establish branch offices in the
  189  state. A separate license must be maintained for each branch
  190  office. The division shall establish by rule a fee not to exceed
  191  $100 for each branch office license.
  192         Section 2. Subsection (3) of section 447.02, Florida
  193  Statutes, is amended to read:
  194         447.02 Definitions.—The following terms, when used in this
  195  chapter, shall have the meanings ascribed to them in this
  196  section:
  197         (3)The term “department” means the Department of Business
  198  and Professional Regulation.
  199         Section 3. Section 447.04, Florida Statutes, is repealed.
  200         Section 4. Section 447.041, Florida Statutes, is repealed.
  201         Section 5. Section 447.045, Florida Statutes, is repealed.
  202         Section 6. Section 447.06, Florida Statutes, is repealed.
  203         Section 7. Subsections (6) and (8) of section 447.09,
  204  Florida Statutes, are amended to read:
  205         447.09 Right of franchise preserved; penalties.—It shall be
  206  unlawful for any person:
  207         (6)To act as a business agent without having obtained and
  208  possessing a valid and subsisting license or permit.
  209         (8)To make any false statement in an application for a
  210  license.
  211         Section 8. Section 447.12, Florida Statutes, is repealed.
  212         Section 9. Section 447.16, Florida Statutes, is repealed.
  213         Section 10. Subsection (4) of section 447.305, Florida
  214  Statutes, is amended to read:
  215         447.305 Registration of employee organization.—
  216         (4)Notification of registrations and renewals of
  217  registration shall be furnished at regular intervals by the
  218  commission to the Department of Business and Professional
  219  Regulation.
  220         Section 11. Subsections (13) and (14) are added to section
  221  455.213, Florida Statutes, to read:
  222         455.213 General licensing provisions.—
  223         (13)The department or a board must enter into a reciprocal
  224  licensing agreement with other states if the practice act within
  225  the purview of this chapter permits such agreement. If a
  226  reciprocal licensing agreement exists or if the department or
  227  board has determined another state’s licensing requirements or
  228  examinations to be substantially equivalent or more stringent to
  229  those under the practice act, the department or board must post
  230  on its website which jurisdictions have such reciprocal
  231  licensing agreements or substantially similar licenses.
  232         (14) Notwithstanding any other law, the department, in
  233  consultation with the applicable board and the Department of
  234  Education, shall conduct a review of existing apprenticeship
  235  programs registered under chapter 446 or with the United States
  236  Department of Labor for each of the professions licensed under
  237  parts XV and XVI of chapter 468 and chapters 476, 477, and 489
  238  to determine which programs, if completed by an applicant, could
  239  substitute for the required educational training otherwise
  240  required for licensure. The department shall submit a report of
  241  its findings and recommendations to the Governor, the President
  242  of the Senate, and the Speaker of the House of Representatives
  243  by December 31, 2019.
  244         Section 12. Paragraph (b) of subsection (7) of section
  245  468.385, Florida Statutes, is amended to read:
  246         468.385 Licenses required; qualifications; examination.—
  247         (7)
  248         (b) A No business may not shall auction or offer to auction
  249  any property in this state unless it is owned by an auctioneer
  250  who is licensed as an auction business by the department board
  251  or is exempt from licensure under this act. Each application for
  252  licensure must shall include the names of the owner and the
  253  business, the business mailing address and location, and any
  254  other information which the board may require. The owner of an
  255  auction business shall report to the board within 30 days of any
  256  change in this required information.
  257         Section 13. Subsection (1) of section 468.401, Florida
  258  Statutes, is amended to read:
  259         468.401 Regulation of talent agencies; definitions.—As used
  260  in this part or any rule adopted pursuant hereto:
  261         (1) “Talent agency” means any person who, for compensation,
  262  engages in the occupation or business of procuring or attempting
  263  to procure engagements for an artist who is younger than 18
  264  years of age.
  265         Section 14. Subsection (1) of section 468.408, Florida
  266  Statutes, is amended to read:
  267         468.408 Bond required.—
  268         (1) An owner or operator of a There shall be filed with the
  269  department for each talent agency shall file license a bond in
  270  the form of a surety by a reputable company engaged in the
  271  bonding business and authorized to do business in this state.
  272  The bond shall be for the penal sum of $5,000, with one or more
  273  sureties to be approved by the department, and be conditioned
  274  that the owner or operator of the talent agency applicant
  275  conform to and not violate any of the duties, terms, conditions,
  276  provisions, or requirements of this part.
  277         (a) If any person is aggrieved by the misconduct of any
  278  talent agency, the person may maintain an action in his or her
  279  own name upon the bond of the agency in any court having
  280  jurisdiction of the amount claimed. All such claims shall be
  281  assignable, and the assignee shall be entitled to the same
  282  remedies, upon the bond of the agency or otherwise, as the
  283  person aggrieved would have been entitled to if such claim had
  284  not been assigned. Any claim or claims so assigned may be
  285  enforced in the name of such assignee.
  286         (b) The bonding company shall notify the department of any
  287  claim against such bond, and a copy of such notice shall be sent
  288  to the talent agency against which the claim is made.
  289         Section 15. Subsection (12) is added to section 468.412,
  290  Florida Statutes, to read:
  291         468.412 Talent agency regulations; prohibited acts.—
  292         (12) Each employee of a talent agency must complete a level
  293  1 background screening pursuant to s. 435.03.
  294         Section 16. Section 468.415, Florida Statutes, is amended
  295  to read:
  296         468.415 Sexual misconduct in the operation of a talent
  297  agency.—The talent agent-artist relationship is founded on
  298  mutual trust. Sexual misconduct in the operation of a talent
  299  agency means violation of the talent agent-artist relationship
  300  through which the talent agent uses the relationship to induce
  301  or attempt to induce the artist to engage or attempt to engage
  302  in sexual activity. Sexual misconduct is prohibited in the
  303  operation of a talent agency. If Any agent, owner, or operator
  304  of a licensed talent agency who commits is found to have
  305  committed sexual misconduct in the operation of a talent agency,
  306  the agency license shall be permanently revoked. Such agent,
  307  owner, or operator shall be permanently prohibited from acting
  308  disqualified from present and future licensure as an agent,
  309  owner, or operator of a Florida talent agency.
  310         Section 17. Subsection (4) of section 468.524, Florida
  311  Statutes, is amended to read:
  312         468.524 Application for license.—
  313         (4) A An applicant or licensee is ineligible to reapply for
  314  a license for a period of 1 year following final agency action
  315  on the denial or revocation of a license applied for or issued
  316  under this part. This time restriction does not apply to
  317  administrative denials or revocations entered because:
  318         (a) The applicant or licensee has made an inadvertent error
  319  or omission on the application;
  320         (b) The experience documented to the board was insufficient
  321  at the time of the previous application; or
  322         (c)The department is unable to complete the criminal
  323  background investigation because of insufficient information
  324  from the Florida Department of Law Enforcement, the Federal
  325  Bureau of Investigation, or any other applicable law enforcement
  326  agency;
  327         (c)(d) The applicant or licensee has failed to submit
  328  required fees.; or
  329         (e)An applicant or licensed employee leasing company has
  330  been deemed ineligible for a license because of the lack of good
  331  moral character of an individual or individuals when such
  332  individual or individuals are no longer employed in a capacity
  333  that would require their licensing under this part.
  334         Section 18. Section 468.613, Florida Statutes, is amended
  335  to read:
  336         468.613 Certification by endorsement.—The board shall
  337  examine other certification or training programs, as applicable,
  338  upon submission to the board for its consideration of an
  339  application for certification by endorsement. The board shall
  340  waive its examination, qualification, education, or training
  341  requirements, to the extent that such examination,
  342  qualification, education, or training requirements of the
  343  applicant are determined by the board to be comparable with
  344  those established by the board. The board shall waive its
  345  examination, qualification, education, or training requirements
  346  if an applicant for certification by endorsement is at least 18
  347  years of age; is of good moral character; has held a valid
  348  building administrator, inspector, plans examiner, or the
  349  equivalent, certification issued by another state or territory
  350  of the United States for at least 10 years before the date of
  351  application; and has successfully passed an applicable
  352  examination administered by the International Codes Council.
  353         Section 19. Subsection (3) of section 468.8314, Florida
  354  Statutes, is amended to read:
  355         468.8314 Licensure.—
  356         (3) The department shall certify as qualified for a license
  357  by endorsement an applicant who is of good moral character as
  358  determined in s. 468.8313, who maintains an insurance policy as
  359  required by s. 468.8322, and who:;
  360         (a) Holds a valid license to practice home inspection
  361  services in another state or territory of the United States,
  362  whose educational requirements are substantially equivalent to
  363  those required by this part; and has passed a national,
  364  regional, state, or territorial licensing examination that is
  365  substantially equivalent to the examination required by this
  366  part; or
  367         (b) Has held a valid license to practice home inspection
  368  services issued by another state or territory of the United
  369  States for at least 10 years before the date of application.
  370         Section 20. Subsection (3) of section 468.8414, Florida
  371  Statutes, is amended to read:
  372         468.8414 Licensure.—
  373         (3) The department shall certify as qualified for a license
  374  by endorsement an applicant who is of good moral character, who
  375  has the insurance coverage required under s. 468.8421, and who:
  376         (a) Is qualified to take the examination as set forth in s.
  377  468.8413 and has passed a certification examination offered by a
  378  nationally recognized organization that certifies persons in the
  379  specialty of mold assessment or mold remediation that has been
  380  approved by the department as substantially equivalent to the
  381  requirements of this part and s. 455.217; or
  382         (b) Holds a valid license to practice mold assessment or
  383  mold remediation issued by another state or territory of the
  384  United States if the criteria for issuance of the license were
  385  substantially the same as the licensure criteria that is
  386  established by this part as determined by the department; or
  387         (c)Has held a valid license to practice as a mold assessor
  388  or a mold remediator issued by another state or territory of the
  389  United States for at least 10 years before the date of
  390  application.
  391         Section 21. Paragraphs (a) and (e) of subsection (2),
  392  subsection (3), paragraph (b) of subsection (4), and subsection
  393  (6) of section 469.006, Florida Statutes, are amended to read:
  394         469.006 Licensure of business organizations; qualifying
  395  agents.—
  396         (2)(a) If the applicant proposes to engage in consulting or
  397  contracting as a partnership, corporation, business trust, or
  398  other legal entity, or in any name other than the applicant’s
  399  legal name, the legal entity must apply for licensure through a
  400  qualifying agent or the individual applicant must qualify apply
  401  for licensure under the business organization fictitious name.
  402         (e) A The license, when issued upon application of a
  403  business organization, must be in the name of the qualifying
  404  agent business organization, and the name of the business
  405  organization qualifying agent must be noted on the license
  406  thereon. If there is a change in any information that is
  407  required to be stated on the application, the qualifying agent
  408  business organization shall, within 45 days after such change
  409  occurs, mail the correct information to the department.
  410         (3) The qualifying agent must shall be licensed under this
  411  chapter in order for the business organization to be qualified
  412  licensed in the category of the business conducted for which the
  413  qualifying agent is licensed. If any qualifying agent ceases to
  414  be affiliated with such business organization, the agent shall
  415  so inform the department. In addition, if such qualifying agent
  416  is the only licensed individual affiliated with the business
  417  organization, the business organization shall notify the
  418  department of the termination of the qualifying agent and has
  419  shall have 60 days after from the date of termination of the
  420  qualifying agent’s affiliation with the business organization in
  421  which to employ another qualifying agent. The business
  422  organization may not engage in consulting or contracting until a
  423  qualifying agent is employed, unless the department has granted
  424  a temporary nonrenewable license to the financially responsible
  425  officer, the president, the sole proprietor, a partner, or, in
  426  the case of a limited partnership, the general partner, who
  427  assumes all responsibilities of a primary qualifying agent for
  428  the entity. This temporary license only allows shall only allow
  429  the entity to proceed with incomplete contracts.
  430         (4)
  431         (b) Upon a favorable determination by the department, after
  432  investigation of the financial responsibility, credit, and
  433  business reputation of the qualifying agent and the new business
  434  organization, the department shall issue, without any
  435  examination, a new license in the qualifying agent’s business
  436  organization’s name, and the name of the business organization
  437  qualifying agent shall be noted thereon.
  438         (6) Each qualifying agent shall pay the department an
  439  amount equal to the original fee for licensure of a new business
  440  organization. if the qualifying agent for a business
  441  organization desires to qualify additional business
  442  organizations., The department shall require the agent to
  443  present evidence of supervisory ability and financial
  444  responsibility of each such organization. Allowing a licensee to
  445  qualify more than one business organization must shall be
  446  conditioned upon the licensee showing that the licensee has both
  447  the capacity and intent to adequately supervise each business
  448  organization. The department may shall not limit the number of
  449  business organizations that which the licensee may qualify
  450  except upon the licensee’s failure to provide such information
  451  as is required under this subsection or upon a finding that the
  452  such information or evidence as is supplied is incomplete or
  453  unpersuasive in showing the licensee’s capacity and intent to
  454  comply with the requirements of this subsection. A qualification
  455  for an additional business organization may be revoked or
  456  suspended upon a finding by the department that the licensee has
  457  failed in the licensee’s responsibility to adequately supervise
  458  the operations of the business organization. Failure to
  459  adequately supervise the operations of a business organization
  460  is shall be grounds for denial to qualify additional business
  461  organizations.
  462         Section 22. Subsection (1) of section 469.009, Florida
  463  Statutes, is amended to read:
  464         469.009 License revocation, suspension, and denial of
  465  issuance or renewal.—
  466         (1) The department may revoke, suspend, or deny the
  467  issuance or renewal of a license; reprimand, censure, or place
  468  on probation any contractor, consultant, or financially
  469  responsible officer, or business organization; require financial
  470  restitution to a consumer; impose an administrative fine not to
  471  exceed $5,000 per violation; require continuing education; or
  472  assess costs associated with any investigation and prosecution
  473  if the contractor or consultant, or business organization or
  474  officer or agent thereof, is found guilty of any of the
  475  following acts:
  476         (a) Willfully or deliberately disregarding or violating the
  477  health and safety standards of the Occupational Safety and
  478  Health Act of 1970, the Construction Safety Act, the National
  479  Emission Standards for Asbestos, the Environmental Protection
  480  Agency Asbestos Abatement Projects Worker Protection Rule, the
  481  Florida Statutes or rules promulgated thereunder, or any
  482  ordinance enacted by a political subdivision of this state.
  483         (b) Violating any provision of chapter 455.
  484         (c) Failing in any material respect to comply with the
  485  provisions of this chapter or any rule promulgated hereunder.
  486         (d) Acting in the capacity of an asbestos contractor or
  487  asbestos consultant under any license issued under this chapter
  488  except in the name of the licensee as set forth on the issued
  489  license.
  490         (e) Proceeding on any job without obtaining all applicable
  491  approvals, authorizations, permits, and inspections.
  492         (f) Obtaining a license by fraud or misrepresentation.
  493         (g) Being convicted or found guilty of, or entering a plea
  494  of nolo contendere to, regardless of adjudication, a crime in
  495  any jurisdiction which directly relates to the practice of
  496  asbestos consulting or contracting or the ability to practice
  497  asbestos consulting or contracting.
  498         (h) Knowingly violating any building code, lifesafety code,
  499  or county or municipal ordinance relating to the practice of
  500  asbestos consulting or contracting.
  501         (i) Performing any act which assists a person or entity in
  502  engaging in the prohibited unlicensed practice of asbestos
  503  consulting or contracting, if the licensee knows or has
  504  reasonable grounds to know that the person or entity was
  505  unlicensed.
  506         (j) Committing mismanagement or misconduct in the practice
  507  of contracting that causes financial harm to a customer.
  508  Financial mismanagement or misconduct occurs when:
  509         1. Valid liens have been recorded against the property of a
  510  contractor’s customer for supplies or services ordered by the
  511  contractor for the customer’s job; the contractor has received
  512  funds from the customer to pay for the supplies or services; and
  513  the contractor has not had the liens removed from the property,
  514  by payment or by bond, within 75 days after the date of such
  515  liens;
  516         2. The contractor has abandoned a customer’s job and the
  517  percentage of completion is less than the percentage of the
  518  total contract price paid to the contractor as of the time of
  519  abandonment, unless the contractor is entitled to retain such
  520  funds under the terms of the contract or refunds the excess
  521  funds within 30 days after the date the job is abandoned; or
  522         3. The contractor’s job has been completed, and it is shown
  523  that the customer has had to pay more for the contracted job
  524  than the original contract price, as adjusted for subsequent
  525  change orders, unless such increase in cost was the result of
  526  circumstances beyond the control of the contractor, was the
  527  result of circumstances caused by the customer, or was otherwise
  528  permitted by the terms of the contract between the contractor
  529  and the customer.
  530         (k) Being disciplined by any municipality or county for an
  531  act or violation of this chapter.
  532         (l) Failing in any material respect to comply with the
  533  provisions of this chapter, or violating a rule or lawful order
  534  of the department.
  535         (m) Abandoning an asbestos abatement project in which the
  536  asbestos contractor is engaged or under contract as a
  537  contractor. A project may be presumed abandoned after 20 days if
  538  the contractor terminates the project without just cause and
  539  without proper notification to the owner, including the reason
  540  for termination; if the contractor fails to reasonably secure
  541  the project to safeguard the public while work is stopped; or if
  542  the contractor fails to perform work without just cause for 20
  543  days.
  544         (n) Signing a statement with respect to a project or
  545  contract falsely indicating that the work is bonded; falsely
  546  indicating that payment has been made for all subcontracted
  547  work, labor, and materials which results in a financial loss to
  548  the owner, purchaser, or contractor; or falsely indicating that
  549  workers’ compensation and public liability insurance are
  550  provided.
  551         (o) Committing fraud or deceit in the practice of asbestos
  552  consulting or contracting.
  553         (p) Committing incompetency or misconduct in the practice
  554  of asbestos consulting or contracting.
  555         (q) Committing gross negligence, repeated negligence, or
  556  negligence resulting in a significant danger to life or property
  557  in the practice of asbestos consulting or contracting.
  558         (r) Intimidating, threatening, coercing, or otherwise
  559  discouraging the service of a notice to owner under part I of
  560  chapter 713 or a notice to contractor under chapter 255 or part
  561  I of chapter 713.
  562         (s) Failing to satisfy, within a reasonable time, the terms
  563  of a civil judgment obtained against the licensee, or the
  564  business organization qualified by the licensee, relating to the
  565  practice of the licensee’s profession.
  566  
  567  For the purposes of this subsection, construction is considered
  568  to be commenced when the contract is executed and the contractor
  569  has accepted funds from the customer or lender.
  570         Section 23. Subsection (13) of section 471.005, Florida
  571  Statutes, is renumbered as subsection (3), and present
  572  subsection (3) and subsection (8) of that section are amended,
  573  to read:
  574         471.005 Definitions.—As used in this chapter, the term:
  575         (3)“Certificate of authorization” means a license to
  576  practice engineering issued by the management corporation to a
  577  corporation or partnership.
  578         (8) “License” means the licensing of engineers or
  579  certification of businesses to practice engineering in this
  580  state.
  581         Section 24. Subsection (4) of section 471.011, Florida
  582  Statutes, is amended to read:
  583         471.011 Fees.—
  584         (4)The fee for a certificate of authorization shall not
  585  exceed $125.
  586         Section 25. Subsection (5) of section 471.015, Florida
  587  Statutes, is amended to read:
  588         471.015 Licensure.—
  589         (5)(a) The board shall deem that an applicant who seeks
  590  licensure by endorsement has passed an examination substantially
  591  equivalent to the fundamentals examination when such applicant
  592  has held a valid professional engineer’s license in another
  593  state for 10 15 years and has had 20 years of continuous
  594  professional-level engineering experience.
  595         (b) The board shall deem that an applicant who seeks
  596  licensure by endorsement has passed an examination substantially
  597  equivalent to the fundamentals examination and the principles
  598  and practices examination when such applicant has held a valid
  599  professional engineer’s license in another state for 15 25 years
  600  and has had 30 years of continuous professional-level
  601  engineering experience.
  602         Section 26. Section 471.023, Florida Statutes, is amended
  603  to read:
  604         471.023 Qualification Certification of business
  605  organizations.—
  606         (1) The practice of, or the offer to practice, engineering
  607  by licensees or offering engineering services to the public
  608  through a business organization, including a partnership,
  609  corporation, business trust, or other legal entity or by a
  610  business organization, including a corporation, partnership,
  611  business trust, or other legal entity offering such services to
  612  the public through licensees under this chapter as agents,
  613  employees, officers, or partners is permitted only if the
  614  business organization is qualified by an engineer licensed under
  615  this chapter possesses a certification issued by the management
  616  corporation pursuant to qualification by the board, subject to
  617  the provisions of this chapter. One or more of the principal
  618  officers of the business organization or one or more partners of
  619  the partnership and all personnel of the business organization
  620  who act in its behalf as engineers in this state shall be
  621  licensed as provided by this chapter. All final drawings,
  622  specifications, plans, reports, or documents involving practices
  623  licensed under this chapter which are prepared or approved for
  624  the use of the business organization or for public record within
  625  the state shall be dated and shall bear the signature and seal
  626  of the licensee who prepared or approved them. Nothing in this
  627  section shall be construed to mean that a license to practice
  628  engineering shall be held by a business organization. Nothing
  629  herein prohibits business organizations from joining together to
  630  offer engineering services to the public, if each business
  631  organization otherwise meets the requirements of this section.
  632  No business organization shall be relieved of responsibility for
  633  the conduct or acts of its agents, employees, or officers by
  634  reason of its compliance with this section, nor shall any
  635  individual practicing engineering be relieved of responsibility
  636  for professional services performed by reason of his or her
  637  employment or relationship with a business organization.
  638         (2) For the purposes of this section, a certificate of
  639  authorization shall be required for any business organization or
  640  other person practicing under a fictitious name, offering
  641  engineering services to the public must be qualified by an
  642  engineer licensed under this chapter. However, when an
  643  individual is practicing engineering in his or her own given
  644  name, he or she shall not be required to be licensed under this
  645  section.
  646         (3) Except as provided in s. 558.0035, the fact that a
  647  licensed engineer practices through a business organization does
  648  not relieve the licensee from personal liability for negligence,
  649  misconduct, or wrongful acts committed by him or her.
  650  Partnerships and all partners shall be jointly and severally
  651  liable for the negligence, misconduct, or wrongful acts
  652  committed by their agents, employees, or partners while acting
  653  in a professional capacity. Any officer, agent, or employee of a
  654  business organization other than a partnership shall be
  655  personally liable and accountable only for negligent acts,
  656  wrongful acts, or misconduct committed by him or her or
  657  committed by any person under his or her direct supervision and
  658  control, while rendering professional services on behalf of the
  659  business organization. The personal liability of a shareholder
  660  or owner of a business organization, in his or her capacity as
  661  shareholder or owner, shall be no greater than that of a
  662  shareholder-employee of a corporation incorporated under chapter
  663  607. The business organization shall be liable up to the full
  664  value of its property for any negligent acts, wrongful acts, or
  665  misconduct committed by any of its officers, agents, or
  666  employees while they are engaged on its behalf in the rendering
  667  of professional services.
  668         (4) Each certification of authorization shall be renewed
  669  every 2 years. Each qualifying agent of a business organization
  670  qualified certified under this section must notify the board
  671  within 30 days 1 month after any change in the information
  672  contained in the application upon which the certification is
  673  based.
  674         (a)A qualifying agent who terminates an affiliation with a
  675  qualified business organization shall notify the management
  676  corporation of such termination within 24 hours. If such
  677  qualifying agent is the only qualifying agent for that business
  678  organization, the business organization must be qualified by
  679  another qualifying agent within 60 days after the termination.
  680  Except as provided in paragraph (b), the business organization
  681  may not engage in the practice of engineering until it is
  682  qualified by another qualifying agent.
  683         (b)In the event a qualifying agent ceases employment with
  684  a qualified business organization and such qualifying agent is
  685  the only licensed individual affiliated with the business
  686  organization, the executive director of the management
  687  corporation or the chair of the board may authorize another
  688  licensee employed by the business organization to temporarily
  689  serve as its qualifying agent for a period of no more than 60
  690  days to proceed with incomplete contracts. The business
  691  organization is not authorized to operate beyond such period
  692  under this chapter absent replacement of the qualifying agent.
  693         (c)A qualifying agent shall notify the department in
  694  writing before engaging in the practice of engineering in the
  695  licensee’s name or in affiliation with a different business
  696  organization.
  697         (5)Disciplinary action against a business organization
  698  shall be administered in the same manner and on the same grounds
  699  as disciplinary action against a licensed engineer.
  700         Section 27. Subsection (7) of section 473.308, Florida
  701  Statutes, is amended to read:
  702         473.308 Licensure.—
  703         (7) The board shall certify as qualified for a license by
  704  endorsement an applicant who:
  705         (a)1. Is not licensed and has not been licensed in another
  706  state or territory and who has met the requirements of this
  707  section for education, work experience, and good moral character
  708  and has passed a national, regional, state, or territorial
  709  licensing examination that is substantially equivalent to the
  710  examination required by s. 473.306; or and
  711         2.Has completed such continuing education courses as the
  712  board deems appropriate, within the limits for each applicable
  713  2-year period as set forth in s. 473.312, but at least such
  714  courses as are equivalent to the continuing education
  715  requirements for a Florida certified public accountant licensed
  716  in this state during the 2 years immediately preceding her or
  717  his application for licensure by endorsement; or
  718         (b)1.a. Holds a valid license to practice public accounting
  719  issued by another state or territory of the United States, if
  720  the criteria for issuance of such license were substantially
  721  equivalent to the licensure criteria that existed in this state
  722  at the time the license was issued;
  723         2.b. Holds a valid license to practice public accounting
  724  issued by another state or territory of the United States but
  725  the criteria for issuance of such license did not meet the
  726  requirements of sub-subparagraph a.; has met the requirements of
  727  this section for education, work experience, and good moral
  728  character; and has passed a national, regional, state, or
  729  territorial licensing examination that is substantially
  730  equivalent to the examination required by s. 473.306; or
  731         3.c.Has held Holds a valid license to practice public
  732  accounting issued by another state or territory of the United
  733  States for at least 10 years before the date of application; has
  734  passed a national, regional, state, or territorial licensing
  735  examination that is substantially equivalent to the examination
  736  required by s. 473.306; and has met the requirements of this
  737  section for good moral character.; and
  738         2.Has completed continuing education courses that are
  739  equivalent to the continuing education requirements for a
  740  Florida certified public accountant licensed in this state
  741  during the 2 years immediately preceding her or his application
  742  for licensure by endorsement.
  743         Section 28. Subsection (6) of section 474.202, Florida
  744  Statutes, is amended to read:
  745         474.202 Definitions.—As used in this chapter:
  746         (6) “Limited-service veterinary medical practice” means
  747  offering or providing veterinary services at any location that
  748  has a primary purpose other than that of providing veterinary
  749  medical service at a permanent or mobile establishment permitted
  750  by the board; provides veterinary medical services for privately
  751  owned animals that do not reside at that location; operates for
  752  a limited time; and provides limited types of veterinary medical
  753  services, including vaccinations or immunizations against
  754  disease, preventative procedures for parasitic control, and
  755  microchipping.
  756         Section 29. Paragraph (b) of subsection (2) of section
  757  474.207, Florida Statutes, is amended to read:
  758         474.207 Licensure by examination.—
  759         (2) The department shall license each applicant who the
  760  board certifies has:
  761         (b)1. Graduated from a college of veterinary medicine
  762  accredited by the American Veterinary Medical Association
  763  Council on Education; or
  764         2. Graduated from a college of veterinary medicine listed
  765  in the American Veterinary Medical Association Roster of
  766  Veterinary Colleges of the World and obtained a certificate from
  767  the Education Commission for Foreign Veterinary Graduates or the
  768  Program for the Assessment of Veterinary Education Equivalence.
  769  
  770  The department shall not issue a license to any applicant who is
  771  under investigation in any state or territory of the United
  772  States or in the District of Columbia for an act which would
  773  constitute a violation of this chapter until the investigation
  774  is complete and disciplinary proceedings have been terminated,
  775  at which time the provisions of s. 474.214 shall apply.
  776         Section 30. Subsection (1) of section 474.217, Florida
  777  Statutes, is amended to read:
  778         474.217 Licensure by endorsement.—
  779         (1) The department shall issue a license by endorsement to
  780  any applicant who, upon applying to the department and remitting
  781  a fee set by the board, demonstrates to the board that she or
  782  he:
  783         (a) Has demonstrated, in a manner designated by rule of the
  784  board, knowledge of the laws and rules governing the practice of
  785  veterinary medicine in this state; and
  786         (b)1. Either Holds, and has held for the 3 years
  787  immediately preceding the application for licensure, a valid,
  788  active license to practice veterinary medicine in another state
  789  of the United States, the District of Columbia, or a territory
  790  of the United States, provided that the applicant has
  791  successfully completed a state, regional, national, or other
  792  examination that is equivalent to or more stringent than the
  793  examination required by the board requirements for licensure in
  794  the issuing state, district, or territory are equivalent to or
  795  more stringent than the requirements of this chapter; or
  796         2. Meets the qualifications of s. 474.207(2)(b) and has
  797  successfully completed a state, regional, national, or other
  798  examination which is equivalent to or more stringent than the
  799  examination given by the department and has passed the board’s
  800  clinical competency examination or another clinical competency
  801  examination specified by rule of the board.
  802         Section 31. Subsection (5) of section 476.144, Florida
  803  Statutes, is amended to read:
  804         476.144 Licensure.—
  805         (5) The board shall certify as qualified for licensure by
  806  endorsement as a barber in this state an applicant who holds a
  807  current active license to practice barbering in another state.
  808  The board shall adopt rules specifying procedures for the
  809  licensure by endorsement of practitioners desiring to be
  810  licensed in this state who hold a current active license in
  811  another state or country and who have met qualifications
  812  substantially similar to, equivalent to, or greater than the
  813  qualifications required of applicants from this state.
  814         Section 32. Subsection (9) of section 477.013, Florida
  815  Statutes, is amended to read:
  816         477.013 Definitions.—As used in this chapter:
  817         (9) “Hair braiding” means the weaving or interweaving of
  818  natural human hair or commercial hair, including the use of hair
  819  extensions or wefts, for compensation without cutting, coloring,
  820  permanent waving, relaxing, removing, or chemical treatment and
  821  does not include the use of hair extensions or wefts.
  822         Section 33. Section 477.0132, Florida Statutes, is
  823  repealed.
  824         Section 34. Subsections (7) through (11) are added to
  825  section 477.0135, Florida Statutes, to read:
  826         477.0135 Exemptions.—
  827         (7)A license or registration is not required for a person
  828  whose occupation or practice is confined solely to hair braiding
  829  as defined in s. 477.013(9).
  830         (8)A license or registration is not required for a person
  831  whose occupation or practice is confined solely to hair wrapping
  832  as defined in s. 477.013(10).
  833         (9)A license or registration is not required for a person
  834  whose occupation or practice is confined solely to body wrapping
  835  as defined in s. 477.013(12).
  836         (10)A license or registration is not required for a person
  837  whose occupation or practice is confined solely to applying
  838  polish to fingernails and toenails.
  839         (11)A license or registration is not required for a person
  840  whose occupation or practice is confined solely to makeup
  841  application.
  842         Section 35. Subsections (6) and (7) of section 477.019,
  843  Florida Statutes, are amended to read:
  844         477.019 Cosmetologists; qualifications; licensure;
  845  supervised practice; license renewal; endorsement; continuing
  846  education.—
  847         (6) The board shall certify as qualified for licensure by
  848  endorsement as a cosmetologist in this state an applicant who
  849  holds a current active license to practice cosmetology in
  850  another state. The board may not require proof of educational
  851  hours if the license was issued in a state that requires 1,200
  852  or more hours of prelicensure education and passage of a written
  853  examination. This subsection does not apply to applicants who
  854  received their license in another state through an
  855  apprenticeship program.
  856         (7)(a) The board shall prescribe by rule continuing
  857  education requirements intended to ensure protection of the
  858  public through updated training of licensees and registered
  859  specialists, not to exceed 10 16 hours biennially, as a
  860  condition for renewal of a license or registration as a
  861  specialist under this chapter. Continuing education courses
  862  shall include, but not be limited to, the following subjects as
  863  they relate to the practice of cosmetology: human
  864  immunodeficiency virus and acquired immune deficiency syndrome;
  865  Occupational Safety and Health Administration regulations;
  866  workers’ compensation issues; state and federal laws and rules
  867  as they pertain to cosmetologists, cosmetology, salons,
  868  specialists, specialty salons, and booth renters; chemical
  869  makeup as it pertains to hair, skin, and nails; and
  870  environmental issues. Courses given at cosmetology conferences
  871  may be counted toward the number of continuing education hours
  872  required if approved by the board.
  873         (b)Any person whose occupation or practice is confined
  874  solely to hair braiding, hair wrapping, or body wrapping is
  875  exempt from the continuing education requirements of this
  876  subsection.
  877         (b)(c) The board may, by rule, require any licensee in
  878  violation of a continuing education requirement to take a
  879  refresher course or refresher course and examination in addition
  880  to any other penalty. The number of hours for the refresher
  881  course may not exceed 48 hours.
  882         Section 36. Paragraph (f) of subsection (1) of section
  883  477.026, Florida Statutes, is amended to read:
  884         477.026 Fees; disposition.—
  885         (1) The board shall set fees according to the following
  886  schedule:
  887         (f)For hair braiders, hair wrappers, and body wrappers,
  888  fees for registration shall not exceed $25.
  889         Section 37. Subsection (4) of section 477.0263, Florida
  890  Statutes, is amended, and subsection (5) is added to that
  891  section, to read:
  892         477.0263 Cosmetology services to be performed in licensed
  893  salon; exceptions.—
  894         (4) Pursuant to rules adopted by the board, any cosmetology
  895  or specialty service may be performed in a location other than a
  896  licensed salon when the service is performed in connection with
  897  a special event and is performed by a person who is employed by
  898  a licensed salon and who holds the proper license or specialty
  899  registration. An appointment for the performance of any such
  900  service in a location other than a licensed salon must be made
  901  through a licensed salon.
  902         (5)Hair shampooing, hair cutting, and hair arranging may
  903  be performed in a location other than a licensed salon when the
  904  service is performed by a person who holds the proper license.
  905         Section 38. Paragraph (f) of subsection (1) of section
  906  477.0265, Florida Statutes, is amended to read:
  907         477.0265 Prohibited acts.—
  908         (1) It is unlawful for any person to:
  909         (f) Advertise or imply that skin care services or body
  910  wrapping, as performed under this chapter, have any relationship
  911  to the practice of massage therapy as defined in s. 480.033(3),
  912  except those practices or activities defined in s. 477.013.
  913         Section 39. Paragraph (a) of subsection (1) of section
  914  477.029, Florida Statutes, is amended to read:
  915         477.029 Penalty.—
  916         (1) It is unlawful for any person to:
  917         (a) Hold himself or herself out as a cosmetologist or,
  918  specialist, hair wrapper, hair braider, or body wrapper unless
  919  duly licensed or registered, or otherwise authorized, as
  920  provided in this chapter.
  921         Section 40. Subsection (5) of section 481.203, Florida
  922  Statutes, is amended to read:
  923         481.203 Definitions.—As used in this part:
  924         (5) “Business organization” means a partnership, a limited
  925  liability company, a corporation, or an individual operating
  926  under a fictitious name “Certificate of authorization” means a
  927  certificate issued by the department to a corporation or
  928  partnership to practice architecture or interior design.
  929         Section 41. Present subsection (4) of section 481.215,
  930  Florida Statutes, is redesignated as subsection (6), a new
  931  subsection (4) is added to that section, and subsections (3) and
  932  (5) of that section are amended, to read:
  933         481.215 Renewal of license.—
  934         (3) A No license renewal may not shall be issued to an
  935  architect or an interior designer by the department until the
  936  licensee submits proof satisfactory to the department that,
  937  during the 2 years before prior to application for renewal, the
  938  licensee participated per biennium in not less than 20 hours of
  939  at least 50 minutes each per biennium of continuing education
  940  approved by the board. The board shall approve only continuing
  941  education that builds upon the basic knowledge of architecture
  942  or interior design. The board may make exception from the
  943  requirements of continuing education in emergency or hardship
  944  cases.
  945         (4) The department may not issue a license renewal to an
  946  interior designer until the licensee submits proof satisfactory
  947  to the department that during the 2 years before the application
  948  for renewal the licensee participated per biennium in not less
  949  than 16 continuing education hours of at least 50 minutes each
  950  of continuing education approved by the board. The licensee
  951  shall provide documentation of successful completion of the
  952  continuing education units from the board-approved providers
  953  which focused on one or more of the following subjects:
  954         (a)Public safety, including application of state and local
  955  building codes and regulations.
  956         (b)Application of federal, state, and local laws relating
  957  to accessibility standards, including the Americans with
  958  Disabilities Act.
  959         (c)Any other topic related to the health, safety, and
  960  welfare of building occupants.
  961         (5) The board shall only approve continuing education that
  962  builds upon the basic knowledge of architecture or interior
  963  design. The board may make exceptions to the requirements of
  964  continuing education in emergency or hardship cases. The board
  965  shall require, by rule adopted pursuant to ss. 120.536(1) and
  966  120.54, a specified number of hours in specialized or advanced
  967  courses, approved by the Florida Building Commission, on any
  968  portion of the Florida Building Code, adopted pursuant to part
  969  IV of chapter 553, relating to the licensee’s respective area of
  970  practice.
  971         Section 42. Section 481.219, Florida Statutes, is amended
  972  to read:
  973         481.219 Qualification of business organizations
  974  certification of partnerships, limited liability companies, and
  975  corporations.—
  976         (1) A licensee may The practice of or the offer to practice
  977  architecture or interior design by licensees through a qualified
  978  business organization that offers corporation, limited liability
  979  company, or partnership offering architectural or interior
  980  design services to the public, or by a corporation, limited
  981  liability company, or partnership offering architectural or
  982  interior design services to the public through licensees under
  983  this part as agents, employees, officers, or partners, is
  984  permitted, subject to the provisions of this section.
  985         (2) If a licensee or an applicant proposes to engage in the
  986  practice of architecture or interior design as a business
  987  organization, the licensee or applicant shall qualify the
  988  business organization upon approval of the board For the
  989  purposes of this section, a certificate of authorization shall
  990  be required for a corporation, limited liability company,
  991  partnership, or person practicing under a fictitious name,
  992  offering architectural services to the public jointly or
  993  separately. However, when an individual is practicing
  994  architecture in her or his own name, she or he shall not be
  995  required to be certified under this section. Certification under
  996  this subsection to offer architectural services shall include
  997  all the rights and privileges of certification under subsection
  998  (3) to offer interior design services.
  999         (3)(a)A business organization may not engage in the
 1000  practice of architecture unless its qualifying agent is a
 1001  registered architect under this part. A business organization
 1002  may not engage in the practice of interior design unless its
 1003  qualifying agent is a registered architect or a registered
 1004  interior designer under this part. A qualifying agent who
 1005  terminates an affiliation with a qualified business organization
 1006  shall immediately notify the department of such termination. If
 1007  such qualifying agent is the only qualifying agent for that
 1008  business organization, the business organization must be
 1009  qualified by another qualifying agent within 60 days after the
 1010  termination. Except as provided in paragraph (b), the business
 1011  organization may not engage in the practice of architecture or
 1012  interior design until it is qualified by another qualifying
 1013  agent.
 1014         (b)In the event a qualifying agent ceases employment with
 1015  a qualified business organization, the executive director or the
 1016  chair of the board may authorize another registered architect or
 1017  interior designer employed by the business organization to
 1018  temporarily serve as its qualifying agent for a period of no
 1019  more than 60 days. The business organization is not authorized
 1020  to operate beyond such period under this chapter absent
 1021  replacement of the qualifying agent who has ceased employment.
 1022         (c)A qualifying agent shall notify the department in
 1023  writing before engaging in the practice of architecture or
 1024  interior design in her or his own name or in affiliation with a
 1025  different business organization, and she or he or such business
 1026  organization shall supply the same information to the department
 1027  as required of applicants under this part.
 1028         (3)For the purposes of this section, a certificate of
 1029  authorization shall be required for a corporation, limited
 1030  liability company, partnership, or person operating under a
 1031  fictitious name, offering interior design services to the public
 1032  jointly or separately. However, when an individual is practicing
 1033  interior design in her or his own name, she or he shall not be
 1034  required to be certified under this section.
 1035         (4) All final construction documents and instruments of
 1036  service which include drawings, specifications, plans, reports,
 1037  or other papers or documents that involve involving the practice
 1038  of architecture which are prepared or approved for the use of
 1039  the business organization corporation, limited liability
 1040  company, or partnership and filed for public record within the
 1041  state must shall bear the signature and seal of the licensee who
 1042  prepared or approved them and the date on which they were
 1043  sealed.
 1044         (5)All drawings, specifications, plans, reports, or other
 1045  papers or documents prepared or approved for the use of the
 1046  corporation, limited liability company, or partnership by an
 1047  interior designer in her or his professional capacity and filed
 1048  for public record within the state shall bear the signature and
 1049  seal of the licensee who prepared or approved them and the date
 1050  on which they were sealed.
 1051         (6)The department shall issue a certificate of
 1052  authorization to any applicant who the board certifies as
 1053  qualified for a certificate of authorization and who has paid
 1054  the fee set in s. 481.207.
 1055         (5)(7) The board shall allow a licensee or certify an
 1056  applicant to qualify one or more business organizations as
 1057  qualified for a certificate of authorization to offer
 1058  architectural or interior design services, or to use a
 1059  fictitious name to offer such services, if provided that:
 1060         (a) One or more of the principal officers of the
 1061  corporation or limited liability company, or one or more
 1062  partners of the partnership, and all personnel of the
 1063  corporation, limited liability company, or partnership who act
 1064  in its behalf in this state as architects, are registered as
 1065  provided by this part; or
 1066         (b) One or more of the principal officers of the
 1067  corporation or one or more partners of the partnership, and all
 1068  personnel of the corporation, limited liability company, or
 1069  partnership who act in its behalf in this state as interior
 1070  designers, are registered as provided by this part.
 1071         (8)The department shall adopt rules establishing a
 1072  procedure for the biennial renewal of certificates of
 1073  authorization.
 1074         (9)The department shall renew a certificate of
 1075  authorization upon receipt of the renewal application and
 1076  biennial renewal fee.
 1077         (6)(10) Each qualifying agent who qualifies a business
 1078  organization, partnership, limited liability company, or and
 1079  corporation certified under this section shall notify the
 1080  department within 30 days after of any change in the information
 1081  contained in the application upon which the qualification
 1082  certification is based. Any registered architect or interior
 1083  designer who qualifies the business organization shall ensure
 1084  corporation, limited liability company, or partnership as
 1085  provided in subsection (7) shall be responsible for ensuring
 1086  responsible supervising control of projects of the business
 1087  organization entity and shall notify the department of the upon
 1088  termination of her or his employment with a business
 1089  organization qualified partnership, limited liability company,
 1090  or corporation certified under this section shall notify the
 1091  department of the termination within 30 days after such
 1092  termination.
 1093         (7)(11)A business organization is not No corporation,
 1094  limited liability company, or partnership shall be relieved of
 1095  responsibility for the conduct or acts of its agents, employees,
 1096  or officers by reason of its compliance with this section.
 1097  However, except as provided in s. 558.0035, the architect who
 1098  signs and seals the construction documents and instruments of
 1099  service is shall be liable for the professional services
 1100  performed, and the interior designer who signs and seals the
 1101  interior design drawings, plans, or specifications shall be
 1102  liable for the professional services performed.
 1103         (12)Disciplinary action against a corporation, limited
 1104  liability company, or partnership shall be administered in the
 1105  same manner and on the same grounds as disciplinary action
 1106  against a registered architect or interior designer,
 1107  respectively.
 1108         (8)(13)Nothing in This section may not shall be construed
 1109  to mean that a certificate of registration to practice
 1110  architecture or interior design must shall be held by a business
 1111  organization corporation, limited liability company, or
 1112  partnership. Nothing in This section does not prohibit a
 1113  business organization from offering prohibits corporations,
 1114  limited liability companies, and partnerships from joining
 1115  together to offer architectural, engineering, interior design,
 1116  surveying and mapping, and landscape architectural services, or
 1117  any combination of such services, to the public if the business
 1118  organization, provided that each corporation, limited liability
 1119  company, or partnership otherwise meets the requirements of law.
 1120         (9)(14)A business organization that is qualified by a
 1121  registered architect may Corporations, limited liability
 1122  companies, or partnerships holding a valid certificate of
 1123  authorization to practice architecture shall be permitted to use
 1124  in their title the term “interior designer” or “registered
 1125  interior designer.”
 1126         Section 43. Subsection (10) of section 481.221, Florida
 1127  Statutes, is amended to read:
 1128         481.221 Seals; display of certificate number.—
 1129         (10) Each registered architect or interior designer must,
 1130  and each corporation, limited liability company, or partnership
 1131  holding a certificate of authorization, shall include her or his
 1132  license its certificate number in any newspaper, telephone
 1133  directory, or other advertising medium used by the registered
 1134  licensee architect, interior designer, corporation, limited
 1135  liability company, or partnership. Each business organization
 1136  must include the license number of the registered architect or
 1137  interior designer who serves as the qualifying agent for that
 1138  business organization in any newspaper, telephone directory, or
 1139  other advertising medium used by the business organization, but
 1140  is not required to display the license numbers of other
 1141  registered architects or interior designers employed by the
 1142  business organization A corporation, limited liability company,
 1143  or partnership is not required to display the certificate number
 1144  of individual registered architects or interior designers
 1145  employed by or working within the corporation, limited liability
 1146  company, or partnership.
 1147         Section 44. Paragraphs (a) and (c) of subsection (5) of
 1148  section 481.229, Florida Statutes, are amended to read:
 1149         481.229 Exceptions; exemptions from licensure.—
 1150         (5)(a) This part does not prohibit Nothing contained in
 1151  this part shall prevent a registered architect or a qualified
 1152  business organization partnership, limited liability company, or
 1153  corporation holding a valid certificate of authorization to
 1154  provide architectural services from performing any interior
 1155  design service or from using the title “interior designer” or
 1156  “registered interior designer.”
 1157         (c) Notwithstanding any other provision of this part, a
 1158  registered architect or business organization qualified any
 1159  corporation, partnership, or person operating under a fictitious
 1160  name which holds a certificate of authorization to provide
 1161  architectural services must shall be qualified, without fee, for
 1162  a certificate of authorization to provide interior design
 1163  services upon submission of a completed application for
 1164  qualification therefor. For corporations, partnerships, and
 1165  persons operating under a fictitious name which hold a
 1166  certificate of authorization to provide interior design
 1167  services, satisfaction of the requirements for renewal of the
 1168  certificate of authorization to provide architectural services
 1169  under s. 481.219 shall be deemed to satisfy the requirements for
 1170  renewal of the certificate of authorization to provide interior
 1171  design services under that section.
 1172         Section 45. Section 481.303, Florida Statutes, is amended
 1173  to read:
 1174         481.303 Definitions.—As used in this chapter, the term:
 1175         (1) “Board” means the Board of Landscape Architecture.
 1176         (2)(4) “Certificate of registration” means a license issued
 1177  by the department to a natural person to engage in the practice
 1178  of landscape architecture.
 1179         (3)(2) “Department” means the Department of Business and
 1180  Professional Regulation.
 1181         (5)“Certificate of authorization” means a license issued
 1182  by the department to a corporation or partnership to engage in
 1183  the practice of landscape architecture.
 1184         (4)(6) “Landscape architecture” means professional
 1185  services, including, but not limited to, the following:
 1186         (a) Consultation, investigation, research, planning,
 1187  design, preparation of drawings, specifications, contract
 1188  documents and reports, responsible construction supervision, or
 1189  landscape management in connection with the planning and
 1190  development of land and incidental water areas, including the
 1191  use of Florida-friendly landscaping as defined in s. 373.185,
 1192  where, and to the extent that, the dominant purpose of such
 1193  services or creative works is the preservation, conservation,
 1194  enhancement, or determination of proper land uses, natural land
 1195  features, ground cover and plantings, or naturalistic and
 1196  aesthetic values;
 1197         (b) The determination of settings, grounds, and approaches
 1198  for and the siting of buildings and structures, outdoor areas,
 1199  or other improvements;
 1200         (c) The setting of grades, shaping and contouring of land
 1201  and water forms, determination of drainage, and provision for
 1202  storm drainage and irrigation systems where such systems are
 1203  necessary to the purposes outlined herein; and
 1204         (d) The design of such tangible objects and features as are
 1205  necessary to the purpose outlined herein.
 1206         (5)(7) “Landscape design” means consultation for and
 1207  preparation of planting plans drawn for compensation, including
 1208  specifications and installation details for plant materials,
 1209  soil amendments, mulches, edging, gravel, and other similar
 1210  materials. Such plans may include only recommendations for the
 1211  conceptual placement of tangible objects for landscape design
 1212  projects. Construction documents, details, and specifications
 1213  for tangible objects and irrigation systems shall be designed or
 1214  approved by licensed professionals as required by law.
 1215         (6)(3) “Registered landscape architect” means a person who
 1216  holds a license to practice landscape architecture in this state
 1217  under the authority of this act.
 1218         Section 46. Section 481.310, Florida Statutes, is amended
 1219  to read:
 1220         481.310 Practical experience requirement.—Beginning October
 1221  1, 1990, every applicant for licensure as a registered landscape
 1222  architect shall demonstrate, prior to licensure, 1 year of
 1223  practical experience in landscape architectural work. An
 1224  applicant who holds a master of landscape architecture degree
 1225  and a bachelor’s degree in a related field is not required to
 1226  demonstrate 1 year of practical experience in landscape
 1227  architectural work to obtain licensure. The board shall adopt
 1228  rules providing standards for the required experience. An
 1229  applicant who qualifies for examination pursuant to s.
 1230  481.309(1)(b)1. may obtain the practical experience after
 1231  completing the required professional degree. Experience used to
 1232  qualify for examination pursuant to s. 481.309(1)(b)2. may not
 1233  be used to satisfy the practical experience requirement under
 1234  this section.
 1235         Section 47. Subsections (5) and (6) of section 481.311,
 1236  Florida Statutes, are renumbered as subsections (4) and (5),
 1237  respectively, and subsection (3) and present subsection (4) of
 1238  that section are amended, to read:
 1239         481.311 Licensure.—
 1240         (3) The board shall certify as qualified for a license by
 1241  endorsement an applicant who:
 1242         (a) Qualifies to take the examination as set forth in s.
 1243  481.309; and has passed a national, regional, state, or
 1244  territorial licensing examination which is substantially
 1245  equivalent to the examination required by s. 481.309; or
 1246         (b) Holds a valid license to practice landscape
 1247  architecture issued by another state or territory of the United
 1248  States, if the criteria for issuance of such license were
 1249  substantially identical to the licensure criteria which existed
 1250  in this state at the time the license was issued; or.
 1251         (c)Has held a valid license to practice landscape
 1252  architecture in another state or territory of the United States
 1253  for at least 10 years before the date of application and has
 1254  successfully completed a state, regional, national, or other
 1255  examination that is equivalent to or more stringent than the
 1256  examination required by the board, subject to subsection (5). An
 1257  applicant who has met the requirements to be qualified for a
 1258  license by endorsement except for successful completion of an
 1259  examination that is equivalent to or more stringent than the
 1260  examination required by the board may take the examination
 1261  required by the board without completing additional education
 1262  requirements.
 1263         (4)The board shall certify as qualified for a certificate
 1264  of authorization any applicant corporation or partnership who
 1265  satisfies the requirements of s. 481.319.
 1266         Section 48. Subsection (2) of section 481.317, Florida
 1267  Statutes, is amended to read:
 1268         481.317 Temporary certificates.—
 1269         (2)Upon approval by the board and payment of the fee set
 1270  in s. 481.307, the department shall grant a temporary
 1271  certificate of authorization for work on one specified project
 1272  in this state for a period not to exceed 1 year to an out-of
 1273  state corporation, partnership, or firm, provided one of the
 1274  principal officers of the corporation, one of the partners of
 1275  the partnership, or one of the principals in the fictitiously
 1276  named firm has obtained a temporary certificate of registration
 1277  in accordance with subsection (1).
 1278         Section 49. Section 481.319, Florida Statutes, is amended
 1279  to read:
 1280         481.319 Corporate and partnership practice of landscape
 1281  architecture; certificate of authorization.—
 1282         (1) The practice of or offer to practice landscape
 1283  architecture by registered landscape architects registered under
 1284  this part through a corporation or partnership offering
 1285  landscape architectural services to the public, or through a
 1286  corporation or partnership offering landscape architectural
 1287  services to the public through individual registered landscape
 1288  architects as agents, employees, officers, or partners, is
 1289  permitted, subject to the provisions of this section, if:
 1290         (a) One or more of the principal officers of the
 1291  corporation, or partners of the partnership, and all personnel
 1292  of the corporation or partnership who act in its behalf as
 1293  landscape architects in this state are registered landscape
 1294  architects; and
 1295         (b) One or more of the officers, one or more of the
 1296  directors, one or more of the owners of the corporation, or one
 1297  or more of the partners of the partnership is a registered
 1298  landscape architect; and
 1299         (c)The corporation or partnership has been issued a
 1300  certificate of authorization by the board as provided herein.
 1301         (2) All documents involving the practice of landscape
 1302  architecture which are prepared for the use of the corporation
 1303  or partnership shall bear the signature and seal of a registered
 1304  landscape architect.
 1305         (3) A landscape architect applying to practice in the name
 1306  of a An applicant corporation must shall file with the
 1307  department the names and addresses of all officers and board
 1308  members of the corporation, including the principal officer or
 1309  officers, duly registered to practice landscape architecture in
 1310  this state and, also, of all individuals duly registered to
 1311  practice landscape architecture in this state who shall be in
 1312  responsible charge of the practice of landscape architecture by
 1313  the corporation in this state. A landscape architect applying to
 1314  practice in the name of a An applicant partnership must shall
 1315  file with the department the names and addresses of all partners
 1316  of the partnership, including the partner or partners duly
 1317  registered to practice landscape architecture in this state and,
 1318  also, of an individual or individuals duly registered to
 1319  practice landscape architecture in this state who shall be in
 1320  responsible charge of the practice of landscape architecture by
 1321  said partnership in this state.
 1322         (4) Each landscape architect qualifying a partnership or
 1323  and corporation licensed under this part must shall notify the
 1324  department within 1 month after of any change in the information
 1325  contained in the application upon which the license is based.
 1326  Any landscape architect who terminates her or his or her
 1327  employment with a partnership or corporation licensed under this
 1328  part shall notify the department of the termination within 1
 1329  month after such termination.
 1330         (5)Disciplinary action against a corporation or
 1331  partnership shall be administered in the same manner and on the
 1332  same grounds as disciplinary action against a registered
 1333  landscape architect.
 1334         (5)(6) Except as provided in s. 558.0035, the fact that a
 1335  registered landscape architect practices landscape architecture
 1336  through a corporation or partnership as provided in this section
 1337  does not relieve the landscape architect from personal liability
 1338  for her or his or her professional acts.
 1339         Section 50. Subsection (5) of section 481.321, Florida
 1340  Statutes, is amended to read:
 1341         481.321 Seals; display of certificate number.—
 1342         (5) Each registered landscape architect must and each
 1343  corporation or partnership holding a certificate of
 1344  authorization shall include her or his its certificate number in
 1345  any newspaper, telephone directory, or other advertising medium
 1346  used by the registered landscape architect, corporation, or
 1347  partnership. A corporation or partnership must is not required
 1348  to display the certificate number numbers of at least one
 1349  officer, director, owner, or partner who is a individual
 1350  registered landscape architect architects employed by or
 1351  practicing with the corporation or partnership.
 1352         Section 51. Subsection (5) of section 481.329, Florida
 1353  Statutes, is amended to read:
 1354         481.329 Exceptions; exemptions from licensure.—
 1355         (5) This part does not prohibit any person from engaging in
 1356  the practice of landscape design, as defined in s. 481.303
 1357  481.303(7), or from submitting for approval to a governmental
 1358  agency planting plans that are independent of, or a component
 1359  of, construction documents that are prepared by a Florida
 1360  registered professional. Persons providing landscape design
 1361  services shall not use the title, term, or designation
 1362  “landscape architect,” “landscape architectural,” “landscape
 1363  architecture,” “L.A.,” “landscape engineering,” or any
 1364  description tending to convey the impression that she or he is a
 1365  landscape architect unless she or he is registered as provided
 1366  in this part.
 1367         Section 52. Subsection (9) of section 489.103, Florida
 1368  Statutes, is amended to read:
 1369         489.103 Exemptions.—This part does not apply to:
 1370         (9) Any work or operation of a casual, minor, or
 1371  inconsequential nature in which the aggregate contract price for
 1372  labor, materials, and all other items is less than $2,500
 1373  $1,000, but this exemption does not apply:
 1374         (a) If the construction, repair, remodeling, or improvement
 1375  is a part of a larger or major operation, whether undertaken by
 1376  the same or a different contractor, or in which a division of
 1377  the operation is made in contracts of amounts less than $2,500
 1378  $1,000 for the purpose of evading this part or otherwise.
 1379         (b) To a person who advertises that he or she is a
 1380  contractor or otherwise represents that he or she is qualified
 1381  to engage in contracting.
 1382         Section 53. Subsection (2) of section 489.111, Florida
 1383  Statutes, is amended to read:
 1384         489.111 Licensure by examination.—
 1385         (2) A person shall be eligible for licensure by examination
 1386  if the person:
 1387         (a) Is 18 years of age;
 1388         (b) Is of good moral character; and
 1389         (c) Meets eligibility requirements according to one of the
 1390  following criteria:
 1391         1. Has received a baccalaureate degree from an accredited
 1392  4-year college in the appropriate field of engineering,
 1393  architecture, or building construction and has 1 year of proven
 1394  experience in the category in which the person seeks to qualify.
 1395  For the purpose of this part, a minimum of 2,000 person-hours
 1396  shall be used in determining full-time equivalency.
 1397         2. Has a total of at least 4 years of active experience as
 1398  a worker who has learned the trade by serving an apprenticeship
 1399  as a skilled worker who is able to command the rate of a
 1400  mechanic in the particular trade or as a foreman who is in
 1401  charge of a group of workers and usually is responsible to a
 1402  superintendent or a contractor or his or her equivalent,
 1403  provided, however, that at least 1 year of active experience
 1404  shall be as a foreman.
 1405         3. Has a combination of not less than 1 year of experience
 1406  as a foreman and not less than 3 years of credits for any
 1407  accredited college-level courses; has a combination of not less
 1408  than 1 year of experience as a skilled worker, 1 year of
 1409  experience as a foreman, and not less than 2 years of credits
 1410  for any accredited college-level courses; or has a combination
 1411  of not less than 2 years of experience as a skilled worker, 1
 1412  year of experience as a foreman, and not less than 1 year of
 1413  credits for any accredited college-level courses. All junior
 1414  college or community college-level courses shall be considered
 1415  accredited college-level courses.
 1416         4.a. An active certified residential contractor is eligible
 1417  to receive a certified building contractor license after passing
 1418  or having previously passed take the building contractors’
 1419  examination if he or she possesses a minimum of 3 years of
 1420  proven experience in the classification in which he or she is
 1421  certified.
 1422         b. An active certified residential contractor is eligible
 1423  to receive a certified general contractor license after passing
 1424  or having previously passed take the general contractors’
 1425  examination if he or she possesses a minimum of 4 years of
 1426  proven experience in the classification in which he or she is
 1427  certified.
 1428         c. An active certified building contractor is eligible to
 1429  receive a certified general contractor license after passing or
 1430  having previously passed take the general contractors’
 1431  examination if he or she possesses a minimum of 4 years of
 1432  proven experience in the classification in which he or she is
 1433  certified.
 1434         5.a. An active certified air-conditioning Class C
 1435  contractor is eligible to receive a certified air-conditioning
 1436  Class B contractor license after passing or having previously
 1437  passed take the air-conditioning Class B contractors’
 1438  examination if he or she possesses a minimum of 3 years of
 1439  proven experience in the classification in which he or she is
 1440  certified.
 1441         b. An active certified air-conditioning Class C contractor
 1442  is eligible to receive a certified air-conditioning Class A
 1443  contractor license after passing or having previously passed
 1444  take the air-conditioning Class A contractors’ examination if he
 1445  or she possesses a minimum of 4 years of proven experience in
 1446  the classification in which he or she is certified.
 1447         c. An active certified air-conditioning Class B contractor
 1448  is eligible to receive a certified air-conditioning Class A
 1449  contractor license after passing or having previously passed
 1450  take the air-conditioning Class A contractors’ examination if he
 1451  or she possesses a minimum of 1 year of proven experience in the
 1452  classification in which he or she is certified.
 1453         6.a. An active certified swimming pool servicing contractor
 1454  is eligible to receive a certified residential swimming pool
 1455  contractor license after passing or having previously passed
 1456  take the residential swimming pool contractors’ examination if
 1457  he or she possesses a minimum of 3 years of proven experience in
 1458  the classification in which he or she is certified.
 1459         b. An active certified swimming pool servicing contractor
 1460  is eligible to receive a certified commercial swimming pool
 1461  contractor license after passing or having previously passed
 1462  take the swimming pool commercial contractors’ examination if he
 1463  or she possesses a minimum of 4 years of proven experience in
 1464  the classification in which he or she is certified.
 1465         c. An active certified residential swimming pool contractor
 1466  is eligible to receive a certified commercial swimming pool
 1467  contractor license after passing or having previously passed
 1468  take the commercial swimming pool contractors’ examination if he
 1469  or she possesses a minimum of 1 year of proven experience in the
 1470  classification in which he or she is certified.
 1471         d. An applicant is eligible to receive a certified swimming
 1472  pool/spa servicing contractor license after passing or having
 1473  previously passed take the swimming pool/spa servicing
 1474  contractors’ examination if he or she has satisfactorily
 1475  completed 60 hours of instruction in courses related to the
 1476  scope of work covered by that license and approved by the
 1477  Construction Industry Licensing Board by rule and has at least 1
 1478  year of proven experience related to the scope of work of such a
 1479  contractor.
 1480         Section 54. Subsection (3) of section 489.115, Florida
 1481  Statutes, is amended to read:
 1482         489.115 Certification and registration; endorsement;
 1483  reciprocity; renewals; continuing education.—
 1484         (3) The board shall certify as qualified for certification
 1485  by endorsement any applicant who:
 1486         (a) Meets the requirements for certification as set forth
 1487  in this section; has passed a national, regional, state, or
 1488  United States territorial licensing examination that is
 1489  substantially equivalent to the examination required by this
 1490  part; and has satisfied the requirements set forth in s.
 1491  489.111;
 1492         (b) Holds a valid license to practice contracting issued by
 1493  another state or territory of the United States, if the criteria
 1494  for issuance of such license were substantially equivalent to
 1495  Florida’s current certification criteria; or
 1496         (c) Holds a valid, current license to practice contracting
 1497  issued by another state or territory of the United States, if
 1498  the state or territory has entered into a reciprocal agreement
 1499  with the board for the recognition of contractor licenses issued
 1500  in that state, based on criteria for the issuance of such
 1501  licenses that are substantially equivalent to the criteria for
 1502  certification in this state; or
 1503         (d)Has held a valid, current license to practice
 1504  contracting issued by another state or territory for at least 10
 1505  years before the date of application and is applying for the
 1506  same or similar license in this state, subject to subsections
 1507  (5)-(9).
 1508         Section 55. Subsection (5) of section 489.511, Florida
 1509  Statutes, is amended to read:
 1510         489.511 Certification; application; examinations;
 1511  endorsement.—
 1512         (5) The board shall certify as qualified for certification
 1513  by endorsement any individual applying for certification who:
 1514         (a) Meets the requirements for certification as set forth
 1515  in this section; has passed a national, regional, state, or
 1516  United States territorial licensing examination that is
 1517  substantially equivalent to the examination required by this
 1518  part; and has satisfied the requirements set forth in s.
 1519  489.521; or
 1520         (b) Holds a valid license to practice electrical or alarm
 1521  system contracting issued by another state or territory of the
 1522  United States, if the criteria for issuance of such license was
 1523  substantially equivalent to the certification criteria that
 1524  existed in this state at the time the certificate was issued; or
 1525         (c)Has held a valid, current license to practice
 1526  electrical or alarm system contracting issued by another state
 1527  or territory for at least 10 years before the date of
 1528  application and is applying for the same or similar license in
 1529  this state, subject to ss. 489.510 and 489.521(3)(a), and
 1530  subparagraph (1)(b)1.
 1531         Section 56. Subsection (3) and paragraph (b) of subsection
 1532  (4) of section 489.517, Florida Statutes, are amended to read:
 1533         489.517 Renewal of certificate or registration; continuing
 1534  education.—
 1535         (3) Each certificateholder or registrant shall provide
 1536  proof, in a form established by rule of the board, that the
 1537  certificateholder or registrant has completed at least 7 14
 1538  classroom hours of at least 50 minutes each of continuing
 1539  education courses during each biennium since the issuance or
 1540  renewal of the certificate or registration. The board shall by
 1541  rule establish criteria for the approval of continuing education
 1542  courses and providers and may by rule establish criteria for
 1543  accepting alternative nonclassroom continuing education on an
 1544  hour-for-hour basis.
 1545         (4)
 1546         (b) Of the 7 14 classroom hours of continuing education
 1547  required, at least 1 hour 7 hours must be on technical subjects,
 1548  1 hour on workers’ compensation, 1 hour on workplace safety, 1
 1549  hour on business practices, and for alarm system contractors and
 1550  electrical contractors engaged in alarm system contracting, 2
 1551  hours on false alarm prevention.
 1552         Section 57. Paragraph (b) of subsection (1) of section
 1553  489.518, Florida Statutes, is amended to read:
 1554         489.518 Alarm system agents.—
 1555         (1) A licensed electrical or alarm system contractor may
 1556  not employ a person to perform the duties of a burglar alarm
 1557  system agent unless the person:
 1558         (b) Has successfully completed a minimum of 14 hours of
 1559  training within 90 days after employment, to include basic alarm
 1560  system electronics in addition to related training including
 1561  CCTV and access control training, with at least 2 hours of
 1562  training in the prevention of false alarms. Such training shall
 1563  be from a board-approved provider, and the employee or applicant
 1564  for employment shall provide proof of successful completion to
 1565  the licensed employer. The board shall by rule establish
 1566  criteria for the approval of training courses and providers and
 1567  may by rule establish criteria for accepting alternative
 1568  nonclassroom education on an hour-for-hour basis. The board
 1569  shall approve providers that conduct training in other than the
 1570  English language. The board shall establish a fee for the
 1571  approval of training providers or courses, not to exceed $60.
 1572  Qualified employers may conduct training classes for their
 1573  employees, with board approval.
 1574         Section 58. Section 492.104, Florida Statutes, is amended,
 1575  to read:
 1576         492.104 Rulemaking authority.—The Board of Professional
 1577  Geologists has authority to adopt rules pursuant to ss.
 1578  120.536(1) and 120.54 to implement this chapter. Every licensee
 1579  shall be governed and controlled by this chapter and the rules
 1580  adopted by the board. The board is authorized to set, by rule,
 1581  fees for application, examination, certificate of authorization,
 1582  late renewal, initial licensure, and license renewal. These fees
 1583  may should not exceed the cost of implementing the application,
 1584  examination, initial licensure, and license renewal or other
 1585  administrative process and shall be established as follows:
 1586         (1) The application fee shall not exceed $150 and shall be
 1587  nonrefundable.
 1588         (2) The examination fee shall not exceed $250, and the fee
 1589  may be apportioned to each part of a multipart examination. The
 1590  examination fee shall be refundable in whole or part if the
 1591  applicant is found to be ineligible to take any portion of the
 1592  licensure examination.
 1593         (3) The initial license fee shall not exceed $100.
 1594         (4) The biennial renewal fee shall not exceed $150.
 1595         (5)The fee for a certificate of authorization shall not
 1596  exceed $350 and the fee for renewal of the certificate shall not
 1597  exceed $350.
 1598         (5)(6) The fee for reactivation of an inactive license may
 1599  shall not exceed $50.
 1600         (6)(7) The fee for a provisional license may shall not
 1601  exceed $400.
 1602         (7)(8) The fee for application, examination, and licensure
 1603  for a license by endorsement is shall be as provided in this
 1604  section for licenses in general.
 1605         Section 59. Subsection (1) of section 492.108, Florida
 1606  Statutes, is amended to read:
 1607         492.108 Licensure by endorsement; requirements; fees.—
 1608         (1) The department shall issue a license by endorsement to
 1609  any applicant who, upon applying to the department and remitting
 1610  an application fee, has been certified by the board that he or
 1611  she:
 1612         (a) Has met the qualifications for licensure in s.
 1613  492.105(1)(b)-(e) and:.
 1614         1.(b) Is the holder of an active license in good standing
 1615  in a state, trust, territory, or possession of the United
 1616  States.
 1617         2.(c) Was licensed through written examination in at least
 1618  one state, trust, territory, or possession of the United States,
 1619  the examination requirements of which have been approved by the
 1620  board as substantially equivalent to or more stringent than
 1621  those of this state, and has received a score on such
 1622  examination which is equal to or greater than the score required
 1623  by this state for licensure by examination.
 1624         3.(d) Has taken and successfully passed the laws and rules
 1625  portion of the examination required for licensure as a
 1626  professional geologist in this state.
 1627         (b)Has held a valid license to practice geology in another
 1628  state, trust, territory, or possession of the United States for
 1629  at least 10 years before the date of application and has
 1630  successfully completed a state, regional, national, or other
 1631  examination that is equivalent to or more stringent than the
 1632  examination required by the department. If such applicant has
 1633  met the requirements for a license by endorsement except
 1634  successful completion of an examination that is equivalent to or
 1635  more stringent than the examination required by the board, such
 1636  applicant may take the examination required by the board.
 1637         Section 60. Section 492.111, Florida Statutes, is amended
 1638  to read:
 1639         492.111 Practice of professional geology by a firm,
 1640  corporation, or partnership; certificate of authorization.—The
 1641  practice of, or offer to practice, professional geology by
 1642  individual professional geologists licensed under the provisions
 1643  of this chapter through a firm, corporation, or partnership
 1644  offering geological services to the public through individually
 1645  licensed professional geologists as agents, employees, officers,
 1646  or partners thereof is permitted subject to the provisions of
 1647  this chapter, if provided that:
 1648         (1) At all times that it offers geological services to the
 1649  public, the firm, corporation, or partnership is qualified by
 1650  has on file with the department the name and license number of
 1651  one or more individuals who hold a current, active license as a
 1652  professional geologist in the state and are serving as a
 1653  geologist of record for the firm, corporation, or partnership. A
 1654  geologist of record may be any principal officer or employee of
 1655  such firm or corporation, or any partner or employee of such
 1656  partnership, who holds a current, active license as a
 1657  professional geologist in this state, or any other Florida
 1658  licensed professional geologist with whom the firm, corporation,
 1659  or partnership has entered into a long-term, ongoing
 1660  relationship, as defined by rule of the board, to serve as one
 1661  of its geologists of record. It shall be the responsibility of
 1662  the firm, corporation, or partnership and The geologist of
 1663  record shall to notify the department of any changes in the
 1664  relationship or identity of that geologist of record within 30
 1665  days after such change.
 1666         (2)The firm, corporation, or partnership has been issued a
 1667  certificate of authorization by the department as provided in
 1668  this chapter. For purposes of this section, a certificate of
 1669  authorization shall be required of any firm, corporation,
 1670  partnership, association, or person practicing under a
 1671  fictitious name and offering geological services to the public;
 1672  except that, when an individual is practicing professional
 1673  geology in her or his own name, she or he shall not be required
 1674  to obtain a certificate of authorization under this section.
 1675  Such certificate of authorization shall be renewed every 2
 1676  years.
 1677         (2)(3) All final geological papers or documents involving
 1678  the practice of the profession of geology which have been
 1679  prepared or approved for the use of such firm, corporation, or
 1680  partnership, for delivery to any person for public record with
 1681  the state, shall be dated and bear the signature and seal of the
 1682  professional geologist or professional geologists who prepared
 1683  or approved them.
 1684         (3)(4) Except as provided in s. 558.0035, the fact that a
 1685  licensed professional geologist practices through a corporation
 1686  or partnership does not relieve the registrant from personal
 1687  liability for negligence, misconduct, or wrongful acts committed
 1688  by her or him. The partnership and all partners are jointly and
 1689  severally liable for the negligence, misconduct, or wrongful
 1690  acts committed by their agents, employees, or partners while
 1691  acting in a professional capacity. Any officer, agent, or
 1692  employee of a corporation is personally liable and accountable
 1693  only for negligent acts, wrongful acts, or misconduct committed
 1694  by her or him or committed by any person under her or his direct
 1695  supervision and control, while rendering professional services
 1696  on behalf of the corporation. The personal liability of a
 1697  shareholder of a corporation, in her or his capacity as
 1698  shareholder, may be no greater than that of a shareholder
 1699  employee of a corporation incorporated under chapter 607. The
 1700  corporation is liable up to the full value of its property for
 1701  any negligent acts, wrongful acts, or misconduct committed by
 1702  any of its officers, agents, or employees while they are engaged
 1703  on behalf of the corporation in the rendering of professional
 1704  services.
 1705         (5)The firm, corporation, or partnership desiring a
 1706  certificate of authorization shall file with the department an
 1707  application therefor, upon a form to be prescribed by the
 1708  department, accompanied by the required application fee.
 1709         (6)The department may refuse to issue a certificate of
 1710  authorization if any facts exist which would entitle the
 1711  department to suspend or revoke an existing certificate of
 1712  authorization or if the department, after giving persons
 1713  involved a full and fair hearing, determines that any of the
 1714  officers or directors of said firm or corporation, or partners
 1715  of said partnership, have violated the provisions of s. 492.113.
 1716         Section 61. Subsection (4) of section 492.113, Florida
 1717  Statutes, is amended to read:
 1718         492.113 Disciplinary proceedings.—
 1719         (4) The department shall reissue the license of a
 1720  disciplined professional geologist or business upon
 1721  certification by the board that the disciplined person has
 1722  complied with all of the terms and conditions set forth in the
 1723  final order.
 1724         Section 62. Section 492.115, Florida Statutes, is amended
 1725  to read:
 1726         492.115 Roster of licensed professional geologists.—A
 1727  roster showing the names and places of business or residence of
 1728  all licensed professional geologists and all properly qualified
 1729  firms, corporations, or partnerships practicing holding
 1730  certificates of authorization to practice professional geology
 1731  in the state shall be prepared annually by the department. A
 1732  copy of this roster must be made available to shall be
 1733  obtainable by each licensed professional geologist and each
 1734  firm, corporation, or partnership qualified by a professional
 1735  geologist holding a certificate of authorization, and copies
 1736  thereof shall be placed on file with the department.
 1737         Section 63. Paragraph (i) of subsection (2) of section
 1738  548.003, Florida Statutes, is amended to read:
 1739         548.003 Florida State Boxing Commission.—
 1740         (2) The Florida State Boxing Commission, as created by
 1741  subsection (1), shall administer the provisions of this chapter.
 1742  The commission has authority to adopt rules pursuant to ss.
 1743  120.536(1) and 120.54 to implement the provisions of this
 1744  chapter and to implement each of the duties and responsibilities
 1745  conferred upon the commission, including, but not limited to:
 1746         (i)Designation and duties of a knockdown timekeeper.
 1747         Section 64. Subsection (1) of section 548.017, Florida
 1748  Statutes, is amended to read:
 1749         548.017 Participants, managers, and other persons required
 1750  to have licenses.—
 1751         (1) A participant, manager, trainer, second, timekeeper,
 1752  referee, judge, announcer, physician, matchmaker, or promoter
 1753  must be licensed before directly or indirectly acting in such
 1754  capacity in connection with any match involving a participant. A
 1755  physician approved by the commission must be licensed pursuant
 1756  to chapter 458 or chapter 459, must maintain an unencumbered
 1757  license in good standing, and must demonstrate satisfactory
 1758  medical training or experience in boxing, or a combination of
 1759  both, to the executive director before working as the ringside
 1760  physician.
 1761         Section 65. Effective January 1, 2020, subsection (1) of
 1762  section 553.74, Florida Statutes, is amended to read:
 1763         553.74 Florida Building Commission.—
 1764         (1) The Florida Building Commission is created and located
 1765  within the Department of Business and Professional Regulation
 1766  for administrative purposes. Members are appointed by the
 1767  Governor subject to confirmation by the Senate. The commission
 1768  is composed of 21 27 members, consisting of the following
 1769  members:
 1770         (a) One architect licensed pursuant to chapter 481 with at
 1771  least 5 years of experience in the design and construction of
 1772  buildings containing Florida Building Code designated Group R
 1773  occupancy at or above 210 feet in height above the elevation of
 1774  the lowest level of emergency services access registered to
 1775  practice in this state and actively engaged in the profession.
 1776  The American Institute of Architects, Florida Section, is
 1777  encouraged to recommend a list of candidates for consideration.
 1778         (b) One structural engineer registered to practice in this
 1779  state and actively engaged in the profession. The Florida
 1780  Engineering Society is encouraged to recommend a list of
 1781  candidates for consideration.
 1782         (c) One air-conditioning or mechanical contractor certified
 1783  to do business in this state and actively engaged in the
 1784  profession. The Florida Air Conditioning Contractors
 1785  Association, the Florida Refrigeration and Air Conditioning
 1786  Contractors Association, and the Mechanical Contractors
 1787  Association of Florida are encouraged to recommend a list of
 1788  candidates for consideration.
 1789         (d) One electrical contractor certified to do business in
 1790  this state and actively engaged in the profession. The Florida
 1791  Association of Electrical Contractors and the National
 1792  Electrical Contractors Association, Florida Chapter, are
 1793  encouraged to recommend a list of candidates for consideration.
 1794         (e)One member from fire protection engineering or
 1795  technology who is actively engaged in the profession. The
 1796  Florida Chapter of the Society of Fire Protection Engineers and
 1797  the Florida Fire Marshals and Inspectors Association are
 1798  encouraged to recommend a list of candidates for consideration.
 1799         (e)(f) One certified general contractor or one certified
 1800  building contractor certified to do business in this state and
 1801  actively engaged in the profession. The Associated Builders and
 1802  Contractors of Florida, the Florida Associated General
 1803  Contractors Council, the Florida Home Builders Association, and
 1804  the Union Contractors Association are encouraged to recommend a
 1805  list of candidates for consideration.
 1806         (f)(g) One plumbing contractor licensed to do business in
 1807  this state and actively engaged in the profession. The Florida
 1808  Association of Plumbing, Heating, and Cooling Contractors is
 1809  encouraged to recommend a list of candidates for consideration.
 1810         (g)(h) One roofing or sheet metal contractor certified to
 1811  do business in this state and actively engaged in the
 1812  profession. The Florida Roofing, Sheet Metal, and Air
 1813  Conditioning Contractors Association and the Sheet Metal and Air
 1814  Conditioning Contractors’ National Association are encouraged to
 1815  recommend a list of candidates for consideration.
 1816         (h)(i) One certified residential contractor licensed to do
 1817  business in this state and actively engaged in the profession.
 1818  The Florida Home Builders Association is encouraged to recommend
 1819  a list of candidates for consideration.
 1820         (i)(j) Three members who are municipal, county, or district
 1821  codes enforcement officials, one of whom is also a fire
 1822  official. The Building Officials Association of Florida and the
 1823  Florida Fire Marshals and Inspectors Association are encouraged
 1824  to recommend a list of candidates for consideration.
 1825         (j)The State Fire Marshal or his or her designee who has
 1826  expertise in fire suppression.
 1827         (k)One member who represents the Department of Financial
 1828  Services.
 1829         (l)One member who is a county codes enforcement official.
 1830  The Building Officials Association of Florida is encouraged to
 1831  recommend a list of candidates for consideration.
 1832         (k)(m) One member of a Florida-based organization of
 1833  persons with disabilities or a nationally chartered organization
 1834  of persons with disabilities with chapters in this state which
 1835  complies with or is certified to be compliant with the
 1836  requirements of the Americans with Disability Act of 1990, as
 1837  amended.
 1838         (l)(n) One member of the manufactured buildings industry
 1839  who is licensed to do business in this state and is actively
 1840  engaged in the industry. The Florida Manufactured Housing
 1841  Association is encouraged to recommend a list of candidates for
 1842  consideration.
 1843         (m)(o) One mechanical or electrical engineer registered to
 1844  practice in this state and actively engaged in the profession.
 1845  The Florida Engineering Society is encouraged to recommend a
 1846  list of candidates for consideration.
 1847         (p)One member who is a representative of a municipality or
 1848  a charter county. The Florida League of Cities and the Florida
 1849  Association of Counties are encouraged to recommend a list of
 1850  candidates for consideration.
 1851         (n)(q) One member of the building products manufacturing
 1852  industry who is authorized to do business in this state and is
 1853  actively engaged in the industry. The Florida Building Material
 1854  Association, the Florida Concrete and Products Association, and
 1855  the Fenestration Manufacturers Association are encouraged to
 1856  recommend a list of candidates for consideration.
 1857         (o)(r) One member who is a representative of the building
 1858  owners and managers industry who is actively engaged in
 1859  commercial building ownership or management. The Building Owners
 1860  and Managers Association is encouraged to recommend a list of
 1861  candidates for consideration.
 1862         (p)(s) One member who is a representative of the insurance
 1863  industry. The Florida Insurance Council is encouraged to
 1864  recommend a list of candidates for consideration.
 1865         (t)One member who is a representative of public education.
 1866         (q)(u) One member who is a swimming pool contractor
 1867  licensed to do business in this state and actively engaged in
 1868  the profession. The Florida Swimming Pool Association and the
 1869  United Pool and Spa Association are encouraged to recommend a
 1870  list of candidates for consideration.
 1871         (r)(v) One member who is a representative of the green
 1872  building industry and who is a third-party commission agent, a
 1873  Florida board member of the United States Green Building Council
 1874  or Green Building Initiative, a professional who is accredited
 1875  under the International Green Construction Code (IGCC), or a
 1876  professional who is accredited under Leadership in Energy and
 1877  Environmental Design (LEED).
 1878         (s)(w) One member who is a representative of a natural gas
 1879  distribution system and who is actively engaged in the
 1880  distribution of natural gas in this state. The Florida Natural
 1881  Gas Association is encouraged to recommend a list of candidates
 1882  for consideration.
 1883         (x)One member who is a representative of the Department of
 1884  Agriculture and Consumer Services’ Office of Energy. The
 1885  Commissioner of Agriculture is encouraged to recommend a list of
 1886  candidates for consideration.
 1887         (y)One member who shall be the chair.
 1888         Section 66. Subsection (3) of section 559.25, Florida
 1889  Statutes, is amended to read:
 1890         559.25 Exemptions.—The provisions of this part shall not
 1891  apply to or affect the following persons:
 1892         (3)Duly licensed auctioneers, selling at auction.
 1893         Section 67. Paragraphs (h) and (k) of subsection (2) of
 1894  section 287.055, Florida Statutes, are amended to read:
 1895         287.055 Acquisition of professional architectural,
 1896  engineering, landscape architectural, or surveying and mapping
 1897  services; definitions; procedures; contingent fees prohibited;
 1898  penalties.—
 1899         (2) DEFINITIONS.—For purposes of this section:
 1900         (h) A “design-build firm” means a partnership, corporation,
 1901  or other legal entity that:
 1902         1. Is certified under s. 489.119 to engage in contracting
 1903  through a certified or registered general contractor or a
 1904  certified or registered building contractor as the qualifying
 1905  agent; or
 1906         2. Is qualified certified under s. 471.023 to practice or
 1907  to offer to practice engineering; qualified certified under s.
 1908  481.219 to practice or to offer to practice architecture; or
 1909  qualified certified under s. 481.319 to practice or to offer to
 1910  practice landscape architecture.
 1911         (k) A “design criteria professional” means a firm that is
 1912  qualified who holds a current certificate of registration under
 1913  chapter 481 to practice architecture or landscape architecture
 1914  or a firm who holds a current certificate as a registered
 1915  engineer under chapter 471 to practice engineering and who is
 1916  employed by or under contract to the agency for the providing of
 1917  professional architect services, landscape architect services,
 1918  or engineering services in connection with the preparation of
 1919  the design criteria package.
 1920         Section 68. Except as otherwise expressly provided in this
 1921  act, this act shall take effect July 1, 2019.

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