Bill Text: FL S1640 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Deregulation of Professions and Occupations
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-03 - Died on Calendar, companion bill(s) passed, see CS/CS/HB 827 (Ch. 2019-86) [S1640 Detail]
Download: Florida-2019-S1640-Introduced.html
Bill Title: Deregulation of Professions and Occupations
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-03 - Died on Calendar, companion bill(s) passed, see CS/CS/HB 827 (Ch. 2019-86) [S1640 Detail]
Download: Florida-2019-S1640-Introduced.html
Florida Senate - 2019 SB 1640 By Senator Albritton 26-01483A-19 20191640__ 1 A bill to be entitled 2 An act relating to the deregulation of professions and 3 occupations; amending s. 20.165, F.S.; renaming the 4 Board of Architecture and Interior Design as the Board 5 of Architecture within the Department of Business and 6 Professional Regulation; deleting a provision 7 establishing the Florida Board of Auctioneers; 8 amending s. 326.004, F.S.; deleting the requirement 9 for a yacht broker to maintain a separate license for 10 each branch office; deleting the requirement for the 11 division to establish a fee; amending s. 447.02, F.S.; 12 conforming provisions to changes made by the act; 13 repealing s. 447.04, F.S., relating to licensure and 14 permit requirements for business agents; repealing s. 15 447.041, F.S., relating to hearings for persons or 16 labor organizations denied licensure as a business 17 agent; repealing s. 447.045, F.S., relating to 18 confidential information obtained during the 19 application process; repealing s. 447.06, F.S., 20 relating to required registration of labor 21 organizations; amending s. 447.09, F.S.; deleting 22 certain prohibited actions relating to the right of 23 franchise of a member of a labor organization; 24 repealing s. 447.12, F.S., relating to registration 25 fees; repealing s. 447.16, F.S., relating to 26 applicability; amending s. 447.305, F.S.; deleting a 27 provision that requires notification of registrations 28 and renewals to the department; amending s. 455.213, 29 F.S.; requiring the Department of Business and 30 Professional Regulation or a board to seek reciprocal 31 licensing agreements with other states under certain 32 circumstances; providing requirements; repealing s. 33 468.381, F.S., relating to purpose; amending s. 34 468.382, F.S.; revising definitions; repealing s. 35 468.384, F.S., relating to the Florida Board of 36 Auctioneers; repealing s. 468.385, F.S., relating to 37 licensure requirements for the practice of 38 auctioneering; repealing s. 468.3851, F.S., relating 39 to licensure renewal; repealing s. 468.3852, F.S., 40 relating to license reactivation; repealing s. 41 468.3855, F.S., relating to training requirements for 42 auctioneer apprenticeships; repealing s. 468.386, 43 F.S., relating to fees and local licensing 44 requirements; repealing s. 468.387, F.S., relating to 45 licensure by endorsement; amending s. 468.388, F.S.; 46 deleting certain requirements relating to auctioneer 47 licenses with regard to the conduct of an auction; 48 amending s. 468.389, F.S.; revising prohibited acts 49 and penalties; amending s. 468.391, F.S.; conforming 50 cross-references; repealing ss. 468.392, 468.393, 51 468.394, 468.395, 468.396, 468.397, 468.398, and 52 458.399, F.S., relating to the Auctioneer Recovery 53 Fund, surcharges and assessments on license fees, 54 payment of interest earned into the recovery fund, 55 recovery from the recovery fund, claims against a 56 single licensee in excess of a specified dollar 57 limitation and joinder of claims, payment of claims 58 from the recovery fund, suspension of a judgment 59 debtor’s license, and the expenditure of excess funds, 60 respectively; amending s. 468.401, F.S.; revising 61 definitions; repealing ss. 468.402, 468.403, 468.404, 62 and 468.405, F.S., relating to duties and authority of 63 the Department of Business and Professional Regulation 64 with regard to licensure of talent agencies, licensure 65 requirements, license fees and renewals, and 66 qualification for a talent agency license, 67 respectively; amending s. 468.406, F.S.; requiring an 68 owner or operator of a talent agency to post an 69 itemized schedule of fees, charges, and commissions in 70 a specified place; repealing s. 468.407, F.S., 71 relating to the form and posting requirements for a 72 license; amending s. 468.408, F.S.; conforming 73 provisions to changes made by the act; amending s. 74 468.409, F.S.; deleting a requirement for record 75 inspection; amending s. 468.410, F.S.; deleting a 76 requirement to include specified information in a 77 contract between a talent agency and applicant; 78 amending s. 468.412, F.S.; deleting recordkeeping and 79 posting requirements; amending s. 468.413, F.S.; 80 revising criminal penalties; conforming provisions to 81 changes made by the act; repealing s. 468.414, F.S., 82 relating to the deposit of certain funds in the 83 Professional Regulation Trust Fund; amending s. 84 468.415, F.S.; prohibiting any agent, owner, or 85 operator who commits sexual misconduct in the 86 operation of a talent agency from acting as an agent, 87 owner, or operator of a Florida talent agency; 88 amending s. 468.524, F.S.; deleting specified 89 exemptions from the time restriction for an employee 90 leasing company to reapply for licensure; amending s. 91 468.613, F.S.; providing for waiver of specified 92 requirements for certification under certain 93 circumstances; amending s. 468.8314, F.S.; requiring 94 an applicant for a license by endorsement to maintain 95 a specified insurance policy; requiring the department 96 to certify an applicant who holds a specified license 97 issued by another state or territory of the United 98 States under certain circumstances; amending s. 99 468.8414, F.S.; providing additional licensure 100 requirements for mold remediators; amending s. 101 469.006, F.S.; providing additional licensure 102 requirements for asbestos abatement consulting or 103 contracting as a partnership, corporation, business 104 trust, or other legal entity; amending s. 469.009, 105 F.S.; conforming provisions to changes made by the 106 act; amending s. 471.005, F.S.; revising definitions; 107 amending s. 471.011, F.S.; conforming a provision to 108 changes made by the act; amending s. 471.015, F.S.; 109 revising licensure requirements for engineers who hold 110 specified licenses in another state; amending s. 111 471.023, F.S.; providing requirements for 112 qualification of a business organization; providing 113 requirements for a qualifying agent; deleting the 114 administration of disciplinary action against a 115 business organization; amending s. 473.308, F.S.; 116 deleting continuing education requirements for license 117 by endorsement for certified public accountants; 118 amending s. 474.202, F.S.; revising the definition of 119 the term “limited-service veterinary medical practice” 120 to include certain vaccinations or immunizations; 121 amending s. 474.207, F.S.; revising education 122 requirements for licensure by examination; amending s. 123 474.217, F.S.; requiring the Department of Business 124 and Professional Regulation to issue a license by 125 endorsement to certain applicants who successfully 126 complete a specified examination; amending s. 476.114, 127 F.S.; revising training requirements for licensure as 128 a barber; amending s. 476.144, F.S.; requiring the 129 department to license an applicant who is licensed to 130 practice barbering in another state; amending s. 131 477.013, F.S.; revising the definition of the term 132 “hair braiding”; repealing s. 477.0132, F.S., relating 133 to registration for hair braiding, hair wrapping, and 134 body wrapping; amending s. 477.0135, F.S.; providing 135 additional exemptions from license or registration 136 requirements for specified occupations or practices; 137 amending s. 477.019, F.S.; conforming provisions to 138 changes made by the act; amending s. 477.0201, F.S.; 139 providing requirements for registration as a 140 specialist; amending s. 477.026, F.S.; conforming 141 provisions to changes made by the act; amending s. 142 477.0263, F.S.; providing certain cosmetology services 143 may be performed in a location other than a licensed 144 salon under certain circumstances; amending ss. 145 477.0265 and 477.029, F.S.; conforming provisions to 146 changes made by the act; amending s. 481.201, F.S.; 147 deleting legislative findings relating to the practice 148 of interior design; amending s. 481.203, F.S.; 149 revising definitions; amending s. 481.205, F.S.; 150 renaming the Board of Architecture and Interior Design 151 as the Board of Architecture; revising membership of 152 the board; conforming provisions; amending ss. 153 481.207, 481.209, and 481.213, F.S.; conforming 154 provisions; amending s. 481.2131, F.S.; requiring 155 certain interior designers to include proof of 156 completed specified examination requirements when 157 submitting documents for the issuance of a building 158 permit; providing that a license or registration is 159 not required for specified persons to practice; 160 amending ss. 481.215 and 481.217, F.S.; conforming 161 provisions to changes made by the act; amending s. 162 481.219, F.S.; deleting provisions permitting the 163 practice of or offer to practice interior design 164 through certain business organizations; deleting 165 provisions requiring certificates of authorization for 166 certain business organizations offering interior 167 design services to the public; requiring a licensee or 168 applicant in the practice of architecture to qualify 169 as a business organization; providing requirements; 170 amending s. 481.221, F.S.; conforming provisions; 171 requiring a registered architect or a qualifying agent 172 for a business organization to display their license 173 number in specified advertisements; providing an 174 exception; amending ss. 481.222 and 481.223, F.S.; 175 conforming provisions; repealing s. 481.2251, F.S., 176 relating to the practice and regulation of interior 177 design, registration for interior designers, and 178 disciplinary proceedings against registered interior 179 designers; amending ss. 481.229 and 481.231, F.S.; 180 conforming provisions; amending s. 481.303, F.S.; 181 deleting the definition of the term “certificate of 182 authorization”; amending s. 481.310, F.S.; providing 183 that an applicant who holds a specified degree is not 184 required to demonstrate 1 year of practical experience 185 for licensure; amending s. 481.311, F.S.; requiring 186 the Board of Landscape Architecture to certify an 187 applicant who holds a specified license issued by 188 another state or territory of the United States under 189 certain circumstances; conforming provisions; amending 190 s. 481.317, F.S.; conforming provisions; amending s. 191 481.319, F.S.; deleting the requirement for a 192 certificate of authorization; authorizing landscape 193 architects to practice through a corporation or 194 partnership; amending s. 481.321, F.S.; requiring a 195 landscape architect to display their certificate 196 number in specified advertisements; amending s. 197 481.329, F.S.; conforming a cross-reference; amending 198 s. 489.103, F.S.; revising certain contract prices for 199 exemption; amending s. 489.111, F.S.; providing that 200 an applicant who is exempt from a specified 201 examination is eligible for licensure; amending s. 202 489.113, F.S.; providing that an applicant holding a 203 specified degree does not have to pass a certain 204 examination; amending s. 489.115, F.S.; requiring the 205 Construction Industry Licensing Board to certify any 206 applicant who holds a specified license to practice 207 contracting issued by another state or territory of 208 the United States under certain circumstances; 209 amending s. 489.511, F.S.; requiring the board to 210 certify as qualified for certification by endorsement 211 any applicant who holds a specified license to 212 practice electrical or alarm system contracting issued 213 by another state or territory of the United States 214 under certain circumstances; amending s. 489.517, 215 F.S.; providing a reduction in certain continuing 216 education hours required for registered contractors; 217 amending s. 489.518, F.S.; requiring a person to have 218 completed a specified amount of training within a 219 certain time period to perform the duties of an alarm 220 system agent; amending s. 492.104, F.S.; conforming 221 provisions to changes made by the act; amending s. 222 492.108, F.S.; requiring the department to issue a 223 license by endorsement to any applicant who has held a 224 specified license to practice geology in another 225 state, trust, territory, or possession of the United 226 States for a certain period of time; providing that an 227 applicant may take the examination required by the 228 board if they have not met the specified examination 229 requirement; amending s. 492.111, F.S.; deleting the 230 requirements for a certificate of authorization for a 231 professional geologist; amending ss. 492.113 and 232 492.115, F.S.; conforming provisions; amending s. 233 548.003, F.S.; deleting the requirement that the 234 Florida State Boxing Commission adopt rules relating 235 to a knockdown timekeeper; amending s. 548.017, F.S.; 236 deleting the licensure requirement for a timekeeper or 237 an announcer; amending s. 553.5141, F.S.; conforming 238 provisions to changes made by the act; amending s. 239 553.74, F.S.; revising the membership and 240 qualifications of the Florida Building Commission; 241 amending ss. 553.79, 558.002, 559.25, and 287.055, 242 F.S.; conforming provisions to changes made by the 243 act; providing an effective date. 244 245 Be It Enacted by the Legislature of the State of Florida: 246 247 Section 1. Paragraph (a) of subsection (4) of section 248 20.165, Florida Statutes, is amended to read: 249 20.165 Department of Business and Professional Regulation. 250 There is created a Department of Business and Professional 251 Regulation. 252 (4)(a) The following boards and programs are established 253 within the Division of Professions: 254 1. Board of Architectureand Interior Design, created under 255 part I of chapter 481. 2562.Florida Board of Auctioneers, created under part VI of257chapter 468.258 2.3.Barbers’ Board, created under chapter 476. 259 3.4.Florida Building Code Administrators and Inspectors 260 Board, created under part XII of chapter 468. 261 4.5.Construction Industry Licensing Board, created under 262 part I of chapter 489. 263 5.6.Board of Cosmetology, created under chapter 477. 264 6.7.Electrical Contractors’ Licensing Board, created under 265 part II of chapter 489. 266 7.8.Board of Employee Leasing Companies, created under 267 part XI of chapter 468. 268 8.9.Board of Landscape Architecture, created under part II 269 of chapter 481. 270 9.10.Board of Pilot Commissioners, created under chapter 271 310. 272 10.11.Board of Professional Engineers, created under 273 chapter 471. 274 11.12.Board of Professional Geologists, created under 275 chapter 492. 276 12.13.Board of Veterinary Medicine, created under chapter 277 474. 278 13.14.Home inspection services licensing program, created 279 under part XV of chapter 468. 280 14.15.Mold-related services licensing program, created 281 under part XVI of chapter 468. 282 Section 2. Subsection (13) of section 326.004, Florida 283 Statutes, is amended to read: 284 326.004 Licensing.— 285 (13) Each broker must maintain a principal place of 286 business in this state and may establish branch offices in the 287 state.A separate license must be maintained for each branch288office. The division shall establish by rule a fee not to exceed289$100 for each branch office license.290 Section 3. Subsection (3) of section 447.02, Florida 291 Statutes, is amended to read: 292 447.02 Definitions.—The following terms, when used in this 293 chapter, shall have the meanings ascribed to them in this 294 section: 295(3)The term “department” means the Department of Business296and Professional Regulation.297 Section 4. Section 447.04, Florida Statutes, is repealed. 298 Section 5. Section 447.041, Florida Statutes, is repealed. 299 Section 6. Section 447.045, Florida Statutes, is repealed. 300 Section 7. Section 447.06, Florida Statutes, is repealed. 301 Section 8. Subsections (6) and (8) of section 447.09, 302 Florida Statutes, are amended to read: 303 447.09 Right of franchise preserved; penalties.—It shall be 304 unlawful for any person: 305(6)To act as a business agent without having obtained and306possessing a valid and subsisting license or permit.307(8)To make any false statement in an application for a308license.309 Section 9. Section 447.12, Florida Statutes, is repealed. 310 Section 10. Section 447.16, Florida Statutes, is repealed. 311 Section 11. Subsection (4) of section 447.305, Florida 312 Statutes, is amended to read: 313 447.305 Registration of employee organization.— 314(4)Notification of registrations and renewals of315registration shall be furnished at regular intervals by the316commission to the Department of Business and Professional317Regulation.318 Section 12. Subsection (13) is added to section 455.213, 319 Florida Statutes, to read: 320 455.213 General licensing provisions.— 321 (13) The department or a board must enter into a reciprocal 322 licensing agreement with other states if the practice act within 323 the purview of this chapter permits such agreement. If a 324 reciprocal licensing agreement exists or if the department or 325 board has determined another state’s licensing requirements or 326 examinations to be substantially similar to those under the 327 practice act, the department or board must post on its website 328 which jurisdictions have such reciprocal licensing agreements or 329 substantially similar licenses. 330 Section 13. Section 468.381, Florida Statutes, is repealed. 331 Section 14. Section 468.382, Florida Statutes, is amended 332 to read: 333 468.382 Definitions.—As used in this act, the term: 334 (1)(8)“Absolute auction” means an auction that requires no 335 minimum opening bid that limits the sale other than to the 336 highest bidder. 337 (2)(7)“Agricultural product” means the natural products 338 from a farm, nursery, grove, orchard, vineyard, garden, or 339 apiary, including livestock, tobacco, and vegetables and 340 includes those agricultural products as defined in chapter 618. 341 (3)(1)“Auction business” means a sole proprietorship, 342 partnership, or corporation which in the regular course of 343 business arranges, manages, sponsors, advertises, promotes, or 344 carries out auctions, employs auctioneers to conduct auctions in 345 its facilities, or uses or allows the use of its facilities for 346 auctions. 347 (4)(2)“Auctioneer” means any person who conducts auctions 348 within the statelicensed pursuant to this part who holds a349valid Florida auctioneer license. 350(3)“Apprentice” means any person who is being trained as351an auctioneer by a licensed auctioneer.352(4)“Board” means the Florida Board of Auctioneers.353(5)“Department” means the Department of Business and354Professional Regulation.355 (5)(6)“Livestock” means any animal included in the 356 definition of “livestock” by s. 585.01 or s. 588.13. 357 Section 15. Section 468.384, Florida Statutes, is repealed. 358 Section 16. Section 468.385, Florida Statutes, is repealed. 359 Section 17. Section 468.3851, Florida Statutes, is 360 repealed. 361 Section 18. Section 468.3852, Florida Statutes, is 362 repealed. 363 Section 19. Section 468.3855, Florida Statutes, is 364 repealed. 365 Section 20. Section 468.386, Florida Statutes, is repealed. 366 Section 21. Section 468.387, Florida Statutes, is repealed. 367 Section 22. Subsections (6) through (11) of section 368 468.388, Florida Statutes, are renumbered as subsections (4) 369 through (9), respectively, and present subsections (3), (4), 370 (5), (9), (10), and (11) are amended to read: 371 468.388 Conduct of an auction.— 372 (3) Each auctioneer or auction business shall maintain a 373 record book of all sales.The record book shall be open to374inspection by the board at reasonable times.375(4)Each auction must be conducted by an auctioneer who has376an active license or by an apprentice who has an active377apprentice auctioneer license and who has received prior written378sponsor consent. Each auction must be conducted under the379auspices of a licensed auction business. Any auctioneer or380apprentice auctioneer conducting an auction, and any auction381business under whose auspices such auction is held, shall be382responsible for determining that any auctioneer, apprentice, or383auction business with whom they are associated in conducting384such auction has an active Florida auctioneer, apprentice, or385auction business license.386(5)The principal auctioneer shall prominently display at387the auction site the licenses of the principal auctioneer, the388auction business, and any other licensed auctioneers or389apprentices who are actively participating in the auction. If390such a display is not practicable, then an oral announcement at391the beginning of the auction or a prominent written announcement392that these licenses are available for inspection at the auction393site must be made.394 (7)(9)The auction business under which the auction is 395 conducted is responsible for all other aspects of the auction as 396 required by this partboard rule. The auction business may 397 delegate in whole, or in part, different aspects of the auction 398 only to the extent that such delegation is permitted by law and 399 that such delegation will not impede the principal auctioneer’s 400 ability to ensure the proper conduct of his or her independent 401 responsibility for the auction. The auction business under whose 402 auspices the auction is conducted is responsible for ensuring 403 compliance as required by this partboard rule. 404 (8)(10)(a) When settlement is not made immediately after an 405 auction, all sale proceeds received for another person must be 406 deposited in an escrow or trust account in an insured bank or 407 savings and loan association located in this state within 2 408 working days after the auction. A maximum of $100 may be kept in 409 the escrow account for administrative purposes. 410 (b) Each auction business shall maintain, for not less than 411 2 years, a separate ledger showing the funds held for another 412 person deposited and disbursed by the auction business for each 413 auction. The escrow or trust account must be reconciled monthly 414 with the bank statement. A signed and dated record shall be 415 maintained for a 2-year periodand be available for inspection416by the department or at the request of the board. 417 (c) Any interest which accrues to sale proceeds on deposit 418 shall be the property of the seller for whom the funds were 419 received unless the parties have agreed otherwise by written 420 agreement executed prior to the auction. 421 (d) Unless otherwise provided by written agreement executed 422 prior to the auction, funds received by an auctioneer or auction 423 businessa licenseefrom the seller or his or her agent for 424 expenses, including advertising, must be expended for the 425 purposes advanced or refunded to the seller at the time of final 426 settlement. Any funds so received shall be maintained in an 427 escrow or trust account in an insured bank or savings and loan 428 association located in this state. However, this does not 429 prohibit advanced payment of a flat fee. 430(11)(a)All advertising by an auctioneer or auction431business shall include the name and Florida license number of432such auctioneer and auction business. The term “advertising”433shall not include articles of clothing, directional signs, or434other promotional novelty items.435 (9)(a)(b)Nolicensedauctioneer, apprentice, or auction 436 business may disseminate or cause to be disseminated any 437 advertisement or advertising which is false, deceptive, 438 misleading, or untruthful. Any advertisement or advertising 439 shall be deemed to be false, deceptive, misleading, or 440 untruthful if it: 441 1. Contains misrepresentations of facts. 442 2. Is misleading or deceptive because, in its content or in 443 the context in which it is presented, it makes only a partial 444 disclosure of relevant facts. 445 3. Creates false or unjustified expectations of the 446 services to be performed. 4474.Contains any representation or claim which the448advertising licensee fails to perform.4495.Fails to include the name and license number of the450principal auctioneer and the auction business.4516.Fails to include the name and license number of the452sponsor if an apprentice is acting as the principal auctioneer.453 4.7.Advertises an auction as absolute without specifying 454 any and all items to be sold with reserve or with minimum bids. 455 5.8.Fails to include the percentage amount of any buyer’s 456 premium or surcharge which is a condition to sale. 457 (b)(c)The provisions of this subsection apply to media 458 exposure of any nature, regardless of whether it is in the form 459 of paid advertising. 460 (c)(d)The auction business shall be responsible for the 461 content of all advertising disseminated in preparation for an 462 auction. 463 Section 23. Section 468.389, Florida Statutes, is amended 464 to read: 465 468.389 Prohibited acts; penalties.— 466(1)The following acts shall be grounds for a civil cause 467 of action for damages against an auctioneer, auction business, 468 or any owner or manager thereof or, in the case of corporate 469 ownership, any substantial stockholder of the corporation owning 470 the auction businessthe disciplinary activities provided in471subsections (2) and (3): 472 (1)(a)A violation of any law relating to trade or commerce 473 of this state or of the state in which an auction is conducted. 474 (2)(b)Misrepresentation of property for sale at auction or 475 making false promises concerning the use, value, or condition of 476 such property by an auctioneer or auction business or by anyone 477 acting as an agent of or with the consent of the auctioneer or 478 auction business. 479 (3)(c)Failure to account for or to pay or return, within a 480 reasonable time not to exceed 30 days, money or property 481 belonging to another which has come into the control of an 482 auctioneer or auction business through an auction. 483 (4)(d)False, deceptive, misleading, or untruthful 484 advertising. 485 (5)(e)Any conduct in connection with a sales transaction 486 which demonstrates bad faith or dishonesty. 487 (6)(f)Using or permitting the use of false bidders, 488 cappers, or shills. 489(g)Making any material false statement on a license490application.491 (7)(h)Commingling money or property of another person with 492 his or her own. Every auctioneer and auction business shall 493 maintain a separate trust or escrow account in an insured bank 494 or savings and loan association located in this state in which 495 shall be deposited all proceeds received for another person 496 through an auction sale. 497 (8)(i)Refusal or neglect of any auctioneer or other 498 receiver of public moneys to pay the moneys so received into the 499 State Treasury at the times and under the regulations prescribed 500 by law. 501 (9)(j)Violating a statuteor administrative rule502 regulating practice under this partor a lawful disciplinary503order of the board or the department. 504(k)Having a license to practice a comparable profession505revoked, suspended, or otherwise acted against by another state,506territory, or country.507 (10)(l)Being convicted or found guilty, regardless of 508 adjudication, of a crime in any jurisdiction which directly 509 relates to the practice or the ability to practice the 510 profession of auctioneering. 511(2)When the board finds any person guilty of any of the512prohibited acts set forth in subsection (1), it may enter an513order imposing one or more of the following penalties:514(a)Refusal to certify to the department an application for515licensure.516(b)Revocation or suspension of a license.517(c)Imposition of an administrative fine not to exceed518$1,000 for each count or separate offense.519(d)Issuance of a reprimand.520(e)Placement of the auctioneer on probation for a period521of time and subject to conditions as the board may specify,522including requiring the auctioneer to successfully complete the523licensure examination.524(f)Requirement that the person in violation make525restitution to each consumer affected by that violation. Proof526of such restitution shall be a signed and notarized release527executed by the consumer or the consumer’s estate.528(3)(a)Failure to pay a fine within a reasonable time, as529prescribed by board rule, may be grounds for disciplinary530action.531(b)The department may file for an injunction or bring any532other appropriate civil action against anyone who violates this533part.534 Section 24. Section 468.391, Florida Statutes, is amended 535 to read: 536 468.391 Penalty.—Any auctioneer,apprentice,or auction 537 business or any owner or manager thereof, or, in the case of 538 corporate ownership, any substantial stockholder of the 539 corporation owning the auction business, whooperates without an540active license orviolates s. 468.389(3), (5), (6), (7), or (8) 541s. 468.389(1)(c), (e), (f), (h), or (i)commits a felony of the 542 third degree, punishable as provided in s. 775.082 or s. 543 775.083. 544 Section 25. Section 468.392, Florida Statutes, is repealed. 545 Section 26. Section 468.393, Florida Statutes, is repealed. 546 Section 27. Section 468.394, Florida Statutes, is repealed. 547 Section 28. Section 468.395, Florida Statutes, is repealed. 548 Section 29. Section 468.396, Florida Statutes, is repealed. 549 Section 30. Section 468.397, Florida Statutes, is repealed. 550 Section 31. Section 468.398, Florida Statutes, is repealed. 551 Section 32. Section 468.399, Florida Statutes, is repealed. 552 Section 33. Section 468.401, Florida Statutes, is amended 553 to read: 554 468.401Regulation ofTalent agencies; definitions.—As used 555 in this part, the termor any rule adopted pursuant hereto: 556 (1)(8)“Artist” means a person performing on the 557 professional stage or in the production of television, radio, or 558 motion pictures; a musician or group of musicians; or a model. 559 (2)(7)“Buyer” or “employer” means a person, company, 560 partnership, or corporation that uses the services of a talent 561 agency to provide artists. 562 (3) “Compensation” means any one or more of the following: 563 (a) Any money or other valuable consideration paid or 564 promised to be paid for services rendered by any person 565 conducting the business of a talent agency under this part; 566 (b) Any money received by any person in excess of that 567 which has been paid out by such person for transportation, 568 transfer of baggage, or board and lodging for any applicant for 569 employment; or 570 (c) The difference between the amount of money received by 571 any person who furnishes employees, performers, or entertainers 572 for circus, vaudeville, theatrical, or other entertainments, 573 exhibitions, engagements, or performances and the amount paid by 574 him or her to such employee, performer, or entertainer. 575 (4) “Engagement” means any employment or placement of an 576 artist, where the artist performs in his or her artistic 577 capacity. However, the term “engagement” shall not apply to 578 procuring opera, music, theater, or dance engagements for any 579 organization defined in s. 501(c)(3) of the Internal Revenue 580 Code or any nonprofit Florida arts organization that has 581 received a grant from the Division of Cultural Affairs of the 582 Department of State or has participated in the state touring 583 program of the Division of Cultural Affairs. 584(5)“Department” means the Department of Business and585Professional Regulation.586 (5)(6)“Operator” means the person who is or who will be in 587 actual charge of a talent agency. 588 (6)(2)“Owner” means any partner in a partnership, member 589 of a firm, or principal officer or officers of a corporation, 590 whose partnership, firm, or corporation owns a talent agency, or 591 any individual who is the sole owner of a talent agency. 592 (7)(9)“Person” means any individual, company, society, 593 firm, partnership, association, corporation, manager, or any 594 agent or employee of any of the foregoing. 595(10)“License” means a license issued by the Department of596Business and Professional Regulation to carry on the business of597a talent agency under this part.598(11)“Licensee” means a talent agency which holds a valid599unrevoked and unforfeited license issued under this part.600 (8)(1)“Talent agency” means any person who, for 601 compensation, engages in the occupation or business of procuring 602 or attempting to procure engagements for an artist. 603 Section 34. Section 468.402, Florida Statutes, is repealed. 604 Section 35. Section 468.403, Florida Statutes, is repealed. 605 Section 36. Section 468.404, Florida Statutes, is repealed. 606 Section 37. Section 468.405, Florida Statutes, is repealed. 607 Section 38. Subsection (1) of section 468.406, Florida 608 Statutes, is amended to read: 609 468.406 Fees to be charged by talent agencies; rates; 610 display.— 611 (1) Each owner or operator of a talent agency shall post in 612 a conspicuous place in each place of business of the agency 613applicant for a license shall file with the applicationan 614 itemized schedule of maximum fees, charges, and commissions that 615whichit intends to charge and collect foritsservices. The 616Thisschedulemay thereafter be raised only by filing with the617department an amended or supplemental schedule at least 30 days618before the change is to become effective. The schedule shall be619posted in a conspicuous place in each place of business of the620agency andshall be printed in not less than a 30-point 621 boldfaced type, except that an agency that uses written 622 contracts containing maximum fee schedules need not post such 623 schedules. 624 Section 39. Section 468.407, Florida Statutes, is repealed. 625 Section 40. Subsection (1) of section 468.408, Florida 626 Statutes, is amended to read: 627 468.408 Bond required.— 628 (1) An owner or operator of aThere shall be filed with the629department for eachtalent agency shall obtainlicensea bond in 630 the form of a surety by a reputable company engaged in the 631 bonding business and authorized to do business in this state. 632 The bond shall be for the penal sum of $5,000, with one or more 633 suretiesto be approved by the department, and be conditioned 634 that the owner or operator of the talent agencyapplicant635 conform to and not violate any of the duties, terms, conditions, 636 provisions, or requirements of this part. 637 (a) If any person is aggrieved by the misconduct of any 638 talent agency, the person may maintain an action in his or her 639 own name upon the bond of the agency in any court having 640 jurisdiction of the amount claimed. All such claims shall be 641 assignable, and the assignee shall be entitled to the same 642 remedies, upon the bond of the agency or otherwise, as the 643 person aggrieved would have been entitled to if such claim had 644 not been assigned. Any claim or claims so assigned may be 645 enforced in the name of such assignee. 646 (b) The bonding company shall notify the talent agency 647departmentof any claim against such bond, and a copy of such 648 notice shall be sent to the talent agency against which the 649 claim is made. 650 Section 41. Section 468.409, Florida Statutes, is amended 651 to read: 652 468.409 Records required to be kept.—Each talent agency 653 shall keep on file the application, registration, or contract of 654 each artist. In addition, such file must include the name and 655 address of each artist, the amount of the compensation received, 656 and all attempts to procure engagements for the artist. No such 657 agency or employee thereof shall knowingly make any false entry 658 in applicant files or receipt files. Each card or document in 659 such files shall be preserved for a period of 1 year after the 660 date of the last entry thereon.Records required under this661section shall be readily available for inspection by the662department during reasonable business hours at the talent663agency’s principal office. A talent agency must provide the664department with true copies of the records in the manner665prescribed by the department.666 Section 42. Subsection (3) of section 468.410, Florida 667 Statutes, is amended to read: 668 468.410 Prohibition against registration fees; referral.— 669 (3) A talent agency shall give each applicant a copy of a 670 contract, within 24 hours after the contract’s execution, which 671 lists the services to be provided and the fees to be charged. 672The contract shall state that the talent agency is regulated by673the department and shall list the address and telephone number674of the department.675 Section 43. Subsections (4) through (11) of section 676 468.412, Florida Statutes, are renumbered as subsections (3) 677 through (10), respectively, and present subsections (2), (3), 678 (4), (6), and (11) are amended to read: 679 468.412 Talent agency regulations; prohibited acts.— 680 (2) Each talent agency shall keep records in which shall be 681 entered: 682 (a) The name and address of each artist employing such 683 talent agency.;684 (b) The amount of fees received from each such artist.;685 (c) The employment in which each such artist is engaged at 686 the time of employing such talent agency and the amount of 687 compensation of the artist in such employment, if any, and the 688 employments subsequently secured by such artist during the term 689 of the contract between the artist and the talent agency and the 690 amount of compensation received by the artist pursuant thereto.;691and692(d)Other information which the department may require from693time to time.694(3)All books, records, and other papers kept pursuant to695this act by any talent agency shall be open at all reasonable696hours to the inspection of the department and its agents. Each697talent agency shall furnish to the department, upon request, a698true copy of such books, records, and papers, or any portion699thereof, and shall make such reports as the department may700prescribe from time to time.701 (3)(4)Each talent agency shall post in a conspicuous place 702 in the office of such talent agency a printed copy of this part 703and of the rules adopted under this part.Such copies shall also704contain the name and address of the officer charged with705enforcing this part. The department shall furnish to talent706agencies printed copies of any statute or rule required to be707posted under this subsection.708 (5)(6)ANotalent agency may not publish or cause to be 709 published any false, fraudulent, or misleading information, 710 representation, notice, or advertisement. All advertisements of 711 a talent agency by means of card, circulars, or signs, and in 712 newspapers and other publications, and all letterheads, 713 receipts, and blanks shall be printed and contain thelicensed714 name, department license number,and address of the talent 715 agency and the words “talent agency.” ANotalent agency may not 716 give any false information or make any false promises or 717 representations concerning an engagement or employment to any 718 applicant who applies for an engagement or employment. 719 (10)(11)A talent agency may assign an engagement contract 720 to another talent agencylicensedin this state only if the 721 artist agrees in writing to the assignment. The assignment must 722 occur, and written notice of the assignment must be given to the 723 artist, within 30 days after the artist agrees in writing to the 724 assignment. 725 Section 44. Section 468.413, Florida Statutes, is amended 726 to read: 727 468.413 Legal requirements; penalties.— 728(1)Each of the following acts constitutes a felony of the729third degree, punishable as provided in s. 775.082, s. 775.083,730or s. 775.084:731(a)Owning or operating, or soliciting business as, a732talent agency in this state without first procuring a license733from the department.734(b)Obtaining or attempting to obtain a license by means of735fraud, misrepresentation, or concealment.736 (1)(2)Each of the following acts constitutes a misdemeanor 737 of the second degree, punishable as provided in s. 775.082 or s. 738 775.083: 739(a)Relocating a business as a talent agency, or operating740under any name other than that designated on the license, unless741written notification is given to the department and to the742surety or sureties on the original bond, and unless the license743is returned to the department for the recording thereon of such744changes.745(b)Assigning or attempting to assign a license issued746under this part.747(c)Failing to show on a license application whether or not748the agency or any owner of the agency is financially interested749in any other business of like nature and, if so, failing to750specify such interest or interests.751 (a)(d)Failing to maintain the records required by s. 752 468.409 or knowingly making false entries in such records. 753 (b)(e)Requiring as a condition to registering or obtaining 754 employment or placement for any applicant that the applicant 755 subscribe to, purchase, or attend any publication, postcard 756 service, advertisement, resume service, photography service, 757 school, acting school, workshop, or acting workshop. 758 (c)(f)Failing to give each applicant a copy of a contract 759 which lists the services to be provided and the fees to be 760 charged by, which states thatthe talent agencyis regulated by761the department, and which lists the address and telephone number762of the department. 763 (d)(g)Failing to maintain a record sheet as required by s. 764 468.412(1). 765 (e)(h)Knowingly sending or causing to be sent any artist 766 to a prospective employer or place of business, the character or 767 operation of which employer or place of business the talent 768 agency knows to be in violation of the laws of the United States 769 or of this state. 770(3)The court may, in addition to other punishment provided771for in subsection (2), suspend or revoke the license of any772licensee under this part who has been found guilty of any773misdemeanor listed in subsection (2).774 (2)(4)In the event thatthe department orany state 775 attorney shall have probable cause to believe that a talent 776 agency or other person has violated any provision of subsection 777 (1), an action may be brought bythe department orany state 778 attorney to enjoin such talent agency or any person from 779 continuing such violation, or engaging therein or doing any acts 780 in furtherance thereof, and for such other relief as to the 781 court seems appropriate.In addition to this remedy, the782department may assess a penalty against any talent agency or any783person in an amount not to exceed $5,000.784 Section 45. Section 468.414, Florida Statutes, is repealed. 785 Section 46. Section 468.415, Florida Statutes, is amended 786 to read: 787 468.415 Sexual misconduct in the operation of a talent 788 agency.—The talent agent-artist relationship is founded on 789 mutual trust. Sexual misconduct in the operation of a talent 790 agency means violation of the talent agent-artist relationship 791 through which the talent agent uses the relationship to induce 792 or attempt to induce the artist to engage or attempt to engage 793 in sexual activity. Sexual misconduct is prohibited in the 794 operation of a talent agency.IfAny agent, owner, or operator 795 of alicensedtalent agency who commitsis found to have796committedsexual misconduct in the operation of a talent agency,797the agency license shall be permanently revoked. Such agent,798owner, or operatorshall be permanently prohibited from acting 799disqualified from present and future licensureas an agent, 800 owner, or operator of a Florida talent agency. 801 Section 47. Subsection (4) of section 468.524, Florida 802 Statutes, is amended to read: 803 468.524 Application for license.— 804 (4) AAn applicant orlicensee is ineligible to reapply for 805 a license for a period of 1 year following final agency action 806 on thedenial orrevocation of a licenseapplied for orissued 807 under this part. This time restriction does not apply to 808 administrativedenials orrevocations entered because: 809 (a) Theapplicant orlicensee has made an inadvertent error 810 or omission on the application; 811 (b) The experience documented to the board was insufficient 812 at the time of the previous application; or 813(c)The department is unable to complete the criminal814background investigation because of insufficient information815from the Florida Department of Law Enforcement, the Federal816Bureau of Investigation, or any other applicable law enforcement817agency;818 (c)(d)Theapplicant orlicensee has failed to submit 819 required fees.; or820(e)An applicant or licensed employee leasing company has821been deemed ineligible for a license because of the lack of good822moral character of an individual or individuals when such823individual or individuals are no longer employed in a capacity824that would require their licensing under this part.825 Section 48. Section 468.613, Florida Statutes, is amended 826 to read: 827 468.613 Certification by endorsement.—The board shall 828 examine other certification or training programs, as applicable, 829 upon submission to the board for its consideration of an 830 application for certification by endorsement. The board shall 831 waive its examination, qualification, education, or training 832 requirements, to the extent that such examination, 833 qualification, education, or training requirements of the 834 applicant are determined by the board to be comparable with 835 those established by the board. The board shall waive its 836 examination, qualification, education, or training requirements 837 if an applicant for certification by endorsement is at least 18 838 years of age; is of good moral character; has held a valid 839 building administrator, inspector, plans examiner, or the 840 equivalent, certification issued by another state or territory 841 of the United States for at least 10 years before the date of 842 application; and has successfully passed an applicable 843 examination administered by the International Codes Council. 844 Section 49. Subsection (3) of section 468.8314, Florida 845 Statutes, is amended to read: 846 468.8314 Licensure.— 847 (3) The department shall certify as qualified for a license 848 by endorsement an applicant who is of good moral character as 849 determined in s. 468.8313, who maintains an insurance policy as 850 required by s. 468.8322, and who:;851 (a) Holds a valid license to practice home inspection 852 services in another state or territory of the United States, 853 whose educational requirements are substantially equivalent to 854 those required by this part; and has passed a national, 855 regional, state, or territorial licensing examination that is 856 substantially equivalent to the examination required by this 857 part; or 858 (b) Has held a valid license to practice home inspection 859 services issued by another state or territory of the United 860 States for at least 10 years before the date of application. 861 Section 50. Subsection (3) of section 468.8414, Florida 862 Statutes, is amended to read: 863 468.8414 Licensure.— 864 (3) The department shall certify as qualified for a license 865 by endorsement an applicant who is of good moral character, who 866 has the insurance coverage required under s. 468.8421, and who: 867 (a) Is qualified to take the examination as set forth in s. 868 468.8413 and has passed a certification examination offered by a 869 nationally recognized organization that certifies persons in the 870 specialty of mold assessment or mold remediation that has been 871 approved by the department as substantially equivalent to the 872 requirements of this part and s. 455.217;or873 (b) Holds a valid license to practice mold assessment or 874 mold remediation issued by another state or territory of the 875 United States if the criteria for issuance of the license were 876 substantially the same as the licensure criteria that is 877 established by this part as determined by the department; or 878 (c) Has held a valid license to practice as a mold assessor 879 or a mold remediator issued by another state or territory of the 880 United States for at least 10 years before the date of 881 application. 882 Section 51. Paragraphs (a) and (e) of subsection (2), 883 subsection (3), paragraph (b) of subsection (4), and subsection 884 (6) of section 469.006, Florida Statutes, are amended to read: 885 469.006 Licensure of business organizations; qualifying 886 agents.— 887 (2)(a) If the applicant proposes to engage in consulting or 888 contracting as a partnership, corporation, business trust, or 889 other legal entity, or in any name other than the applicant’s 890 legal name, thelegal entity must apply for licensure through a891qualifying agent or theindividual applicant must qualifyapply892for licensure underthe business organizationfictitious name. 893 (e) AThelicense, when issued upon application of a894business organization,must be in the name of the qualifying 895 agentbusiness organization, and the name of the business 896 organizationqualifying agentmust be noted on the license 897thereon. If there is a change in any information that is 898 required to be stated on the application, the qualifying agent 899business organizationshall, within 45 days after such change 900 occurs, mail the correct information to the department. 901 (3) The qualifying agent mustshallbe licensed under this 902 chapter in order for the business organization to be qualified 903licensedin the category of the business conducted for which the 904 qualifying agent is licensed. If any qualifying agent ceases to 905 be affiliated with such business organization, the agent shall 906 so inform the department. In addition, if such qualifying agent 907 is the only licensed individual affiliated with the business 908 organization, the business organization shall notify the 909 department of the termination of the qualifying agent and has 910shall have60 days afterfromthe date of termination of the 911 qualifying agent’s affiliation with the business organizationin912whichto employ another qualifying agent. The business 913 organization may not engage in consulting or contracting until a 914 qualifying agent is employed, unless the department has granted 915 a temporary nonrenewable license to the financially responsible 916 officer, the president, the sole proprietor, a partner, or, in 917 the case of a limited partnership, the general partner, who 918 assumes all responsibilities of a primary qualifying agent for 919 the entity. This temporary license only allowsshall only allow920 the entity to proceed with incomplete contracts. 921 (4) 922 (b) Upon a favorable determination by the department, after 923 investigation of the financial responsibility, credit, and 924 business reputation of the qualifying agent and the new business 925 organization, the department shall issue, without any 926 examination, a new license in the qualifying agent’sbusiness927organization’sname, and the name of the business organization 928qualifying agentshall be noted thereon. 929 (6) Each qualifying agent shall pay the department an 930 amount equal to the original fee for licensureof a new business931organization.if the qualifying agent for a business 932 organization desires to qualify additional business 933 organizations.,The department shall require the agent to 934 present evidence of supervisory ability and financial 935 responsibility of each such organization. Allowing a licensee to 936 qualify more than one business organization mustshallbe 937 conditioned upon the licensee showing that the licensee has both 938 the capacity and intent to adequately supervise each business 939 organization. The department mayshallnot limit the number of 940 business organizations thatwhichthe licensee may qualify 941 except upon the licensee’s failure to provide such information 942 as is required under this subsection or upon a finding that the 943suchinformation or evidenceas issupplied is incomplete or 944 unpersuasive in showing the licensee’s capacity and intent to 945 comply with the requirements of this subsection. A qualification 946 for an additional business organization may be revoked or 947 suspended upon a finding by the department that the licensee has 948 failed in the licensee’s responsibility to adequately supervise 949 the operations of the business organization. Failure to 950 adequately supervise the operations of a business organization 951 isshall begrounds for denial to qualify additional business 952 organizations. 953 Section 52. Subsection (1) of section 469.009, Florida 954 Statutes, is amended to read: 955 469.009 License revocation, suspension, and denial of 956 issuance or renewal.— 957 (1) The department may revoke, suspend, or deny the 958 issuance or renewal of a license; reprimand, censure, or place 959 on probation any contractor, consultant, or financially 960 responsible officer, or business organization; require financial 961 restitution to a consumer; impose an administrative fine not to 962 exceed $5,000 per violation; require continuing education; or 963 assess costs associated with any investigation and prosecution 964 if the contractor or consultant, or business organization or 965 officer or agent thereof, is found guilty of any of the 966 following acts: 967 (a) Willfully or deliberately disregarding or violating the 968 health and safety standards of the Occupational Safety and 969 Health Act of 1970, the Construction Safety Act, the National 970 Emission Standards for Asbestos, the Environmental Protection 971 Agency Asbestos Abatement Projects Worker Protection Rule, the 972 Florida Statutes or rules promulgated thereunder, or any 973 ordinance enacted by a political subdivision of this state. 974 (b) Violating any provision of chapter 455. 975 (c) Failing in any material respect to comply with the 976 provisions of this chapter or any rule promulgated hereunder. 977 (d) Acting in the capacity of an asbestos contractor or 978 asbestos consultant under any license issued under this chapter 979 except in the name of the licensee as set forth on the issued 980 license. 981 (e) Proceeding on any job without obtaining all applicable 982 approvals, authorizations, permits, and inspections. 983 (f) Obtaining a license by fraud or misrepresentation. 984 (g) Being convicted or found guilty of, or entering a plea 985 of nolo contendere to, regardless of adjudication, a crime in 986 any jurisdiction which directly relates to the practice of 987 asbestos consulting or contracting or the ability to practice 988 asbestos consulting or contracting. 989 (h) Knowingly violating any building code, lifesafety code, 990 or county or municipal ordinance relating to the practice of 991 asbestos consulting or contracting. 992 (i) Performing any act which assists a person or entity in 993 engaging in the prohibited unlicensed practice of asbestos 994 consulting or contracting, if the licensee knows or has 995 reasonable grounds to know that the person or entity was 996 unlicensed. 997 (j) Committing mismanagement or misconduct in the practice 998 of contracting that causes financial harm to a customer. 999 Financial mismanagement or misconduct occurs when: 1000 1. Valid liens have been recorded against the property of a 1001 contractor’s customer for supplies or services ordered by the 1002 contractor for the customer’s job; the contractor has received 1003 funds from the customer to pay for the supplies or services; and 1004 the contractor has not had the liens removed from the property, 1005 by payment or by bond, within 75 days after the date of such 1006 liens; 1007 2. The contractor has abandoned a customer’s job and the 1008 percentage of completion is less than the percentage of the 1009 total contract price paid to the contractor as of the time of 1010 abandonment, unless the contractor is entitled to retain such 1011 funds under the terms of the contract or refunds the excess 1012 funds within 30 days after the date the job is abandoned; or 1013 3. The contractor’s job has been completed, and it is shown 1014 that the customer has had to pay more for the contracted job 1015 than the original contract price, as adjusted for subsequent 1016 change orders, unless such increase in cost was the result of 1017 circumstances beyond the control of the contractor, was the 1018 result of circumstances caused by the customer, or was otherwise 1019 permitted by the terms of the contract between the contractor 1020 and the customer. 1021 (k) Being disciplined by any municipality or county for an 1022 act or violation of this chapter. 1023 (l) Failing in any material respect to comply with the 1024 provisions of this chapter, or violating a rule or lawful order 1025 of the department. 1026 (m) Abandoning an asbestos abatement project in which the 1027 asbestos contractor is engaged or under contract as a 1028 contractor. A project may be presumed abandoned after 20 days if 1029 the contractor terminates the project without just cause and 1030 without proper notification to the owner, including the reason 1031 for termination; if the contractor fails to reasonably secure 1032 the project to safeguard the public while work is stopped; or if 1033 the contractor fails to perform work without just cause for 20 1034 days. 1035 (n) Signing a statement with respect to a project or 1036 contract falsely indicating that the work is bonded; falsely 1037 indicating that payment has been made for all subcontracted 1038 work, labor, and materials which results in a financial loss to 1039 the owner, purchaser, or contractor; or falsely indicating that 1040 workers’ compensation and public liability insurance are 1041 provided. 1042 (o) Committing fraud or deceit in the practice of asbestos 1043 consulting or contracting. 1044 (p) Committing incompetency or misconduct in the practice 1045 of asbestos consulting or contracting. 1046 (q) Committing gross negligence, repeated negligence, or 1047 negligence resulting in a significant danger to life or property 1048 in the practice of asbestos consulting or contracting. 1049 (r) Intimidating, threatening, coercing, or otherwise 1050 discouraging the service of a notice to owner under part I of 1051 chapter 713 or a notice to contractor under chapter 255 or part 1052 I of chapter 713. 1053 (s) Failing to satisfy, within a reasonable time, the terms 1054 of a civil judgment obtained against the licensee, or the 1055 business organization qualified by the licensee, relating to the 1056 practice of the licensee’s profession. 1057 1058 For the purposes of this subsection, construction is considered 1059 to be commenced when the contract is executed and the contractor 1060 has accepted funds from the customer or lender. 1061 Section 53. Subsection (13) of section 471.005, Florida 1062 Statutes, is renumbered as subsection (3), and present 1063 subsection (3) and subsection (8) of that section are amended to 1064 read: 1065 471.005 Definitions.—As used in this chapter, the term: 1066(3)“Certificate of authorization” means a license to1067practice engineering issued by the management corporation to a1068corporation or partnership.1069 (8) “License” means the licensing of engineersor1070certification of businessesto practice engineering in this 1071 state. 1072 Section 54. Subsection (4) of section 471.011, Florida 1073 Statutes, is amended to read: 1074 471.011 Fees.— 1075(4)The fee for a certificate of authorization shall not1076exceed $125.1077 Section 55. Subsection (5) of section 471.015, Florida 1078 Statutes, is amended to read: 1079 471.015 Licensure.— 1080 (5)(a) The board shall deem that an applicant who seeks 1081 licensure by endorsement has passed an examination substantially 1082 equivalent to the fundamentals examination when such applicant 1083 has held a valid professional engineer’s license in another 1084 state for 1015yearsand has had 20 years of continuous1085professional-level engineering experience. 1086 (b) The board shall deem that an applicant who seeks 1087 licensure by endorsement has passed an examination substantially 1088 equivalent to the fundamentals examination and the principles 1089 and practices examination when such applicant has held a valid 1090 professional engineer’s license in another state for 1525years 1091and has had 30 years of continuous professional-level1092engineering experience. 1093 Section 56. Section 471.023, Florida Statutes, is amended 1094 to read: 1095 471.023 QualificationCertificationof business 1096 organizations.— 1097 (1) The practice of, or the offer to practice, engineering 1098 by licensees or offering engineering services to the public 1099 through a business organization, including a partnership, 1100 corporation, business trust, or other legal entity or by a 1101 business organization, including a corporation, partnership, 1102 business trust, or other legal entity offering such services to 1103 the public through licensees under this chapter as agents, 1104 employees, officers, or partners is permitted only if the 1105 business organization is qualified by an engineer licensed under 1106 this chapterpossesses a certification issued by the management1107corporation pursuant to qualification by the board, subject to 1108 the provisions of this chapter. One or more of the principal 1109 officers of the business organization or one or more partners of 1110 the partnership and all personnel of the business organization 1111 who act in its behalf as engineers in this state shall be 1112 licensed as provided by this chapter. All final drawings, 1113 specifications, plans, reports, or documents involving practices 1114 licensed under this chapter which are prepared or approved for 1115 the use of the business organization or for public record within 1116 the state shall be dated and shall bear the signature and seal 1117 of the licensee who prepared or approved them. Nothing in this 1118 section shall be construed to mean that a license to practice 1119 engineering shall be held by a business organization. Nothing 1120 herein prohibits business organizations from joining together to 1121 offer engineering services to the public, if each business 1122 organization otherwise meets the requirements of this section. 1123 No business organization shall be relieved of responsibility for 1124 the conduct or acts of its agents, employees, or officers by 1125 reason of its compliance with this section, nor shall any 1126 individual practicing engineering be relieved of responsibility 1127 for professional services performed by reason of his or her 1128 employment or relationship with a business organization. 1129 (2) For the purposes of this section, acertificate of1130authorization shall be required for anybusiness organization or 1131 other person practicing under a fictitious name, offering 1132 engineering services to the public must be qualified by an 1133 engineer licensed under this chapter.However, when an1134individual is practicing engineering in his or her own given1135name, he or she shall not be required to be licensed under this1136section.1137 (3) Except as provided in s. 558.0035, the fact that a 1138 licensed engineer practices through a business organization does 1139 not relieve the licensee from personal liability for negligence, 1140 misconduct, or wrongful acts committed by him or her. 1141 Partnerships and all partners shall be jointly and severally 1142 liable for the negligence, misconduct, or wrongful acts 1143 committed by their agents, employees, or partners while acting 1144 in a professional capacity. Any officer, agent, or employee of a 1145 business organization other than a partnership shall be 1146 personally liable and accountable only for negligent acts, 1147 wrongful acts, or misconduct committed by him or her or 1148 committed by any person under his or her direct supervision and 1149 control, while rendering professional services on behalf of the 1150 business organization. The personal liability of a shareholder 1151 or owner of a business organization, in his or her capacity as 1152 shareholder or owner, shall be no greater than that of a 1153 shareholder-employee of a corporation incorporated under chapter 1154 607. The business organization shall be liable up to the full 1155 value of its property for any negligent acts, wrongful acts, or 1156 misconduct committed by any of its officers, agents, or 1157 employees while they are engaged on its behalf in the rendering 1158 of professional services. 1159 (4)Each certification of authorization shall be renewed1160every 2 years.Each qualifying agent of a business organization 1161 qualifiedcertifiedunder this section must notify the board 1162 within 30 days1 monthafter any change in the information 1163 contained in the application upon which the certification is 1164 based. 1165 (a) A qualifying agent who terminates an affiliation with a 1166 qualified business organization shall notify the management 1167 corporation of such termination within 24 hours. If such 1168 qualifying agent is the only qualifying agent for that business 1169 organization, the business organization must be qualified by 1170 another qualifying agent within 60 days after the termination. 1171 Except as provided in paragraph (b), the business organization 1172 may not engage in the practice of engineering until it is 1173 qualified by another qualifying agent. 1174 (b) In the event a qualifying agent ceases employment with 1175 a qualified business organization and such qualifying agent is 1176 the only licensed individual affiliated with the business 1177 organization, the executive director of the management 1178 corporation or the chair of the board may authorize another 1179 licensee employed by the business organization to temporarily 1180 serve as its qualifying agent for a period of no more than 60 1181 days to proceed with incomplete contracts. The business 1182 organization is not authorized to operate beyond such period 1183 under this chapter absent replacement of the qualifying agent. 1184 (c) A qualifying agent shall notify the department in 1185 writing before engaging in the practice of engineering in the 1186 licensee’s name or in affiliation with a different business 1187 organization. 1188(5)Disciplinary action against a business organization1189shall be administered in the same manner and on the same grounds1190as disciplinary action against a licensed engineer.1191 Section 57. Subsection (7) of section 473.308, Florida 1192 Statutes, is amended to read: 1193 473.308 Licensure.— 1194 (7) The board shall certify as qualified for a license by 1195 endorsement an applicant who: 1196 (a)1.Is not licensed and has not been licensed in another 1197 state or territory and who has met the requirements of this 1198 section for education, work experience, and good moral character 1199 and has passed a national, regional, state, or territorial 1200 licensing examination that is substantially equivalent to the 1201 examination required by s. 473.306; orand12022.Has completed such continuing education courses as the1203board deems appropriate, within the limits for each applicable12042-year period as set forth in s. 473.312, but at least such1205courses as are equivalent to the continuing education1206requirements for a Florida certified public accountant licensed1207in this state during the 2 years immediately preceding her or1208his application for licensure by endorsement; or1209 (b)1.a.Holds a valid license to practice public accounting 1210 issued by another state or territory of the United States, if 1211 the criteria for issuance of such license were substantially 1212 equivalent to the licensure criteria that existed in this state 1213 at the time the license was issued; 1214 2.b.Holds a valid license to practice public accounting 1215 issued by another state or territory of the United States but 1216 the criteria for issuance of such license did not meet the 1217 requirements of sub-subparagraph a.; has met the requirements of 1218 this section for education, work experience, and good moral 1219 character; and has passed a national, regional, state, or 1220 territorial licensing examination that is substantially 1221 equivalent to the examination required by s. 473.306; or 1222 3.c.Has heldHoldsa valid license to practice public 1223 accounting issued by another state or territory of the United 1224 States for at least 10 years before the date of application; has 1225 passed a national, regional, state, or territorial licensing 1226 examination that is substantially equivalent to the examination 1227 required by s. 473.306; and has met the requirements of this 1228 section for good moral character.; and12292.Has completed continuing education courses that are1230equivalent to the continuing education requirements for a1231Florida certified public accountant licensed in this state1232during the 2 years immediately preceding her or his application1233for licensure by endorsement.1234 Section 58. Subsection (6) of section 474.202, Florida 1235 Statutes, is amended to read: 1236 474.202 Definitions.—As used in this chapter: 1237 (6) “Limited-service veterinary medical practice” means 1238 offering or providing veterinary services at any location that 1239 has a primary purpose other than that of providing veterinary 1240 medical service at a permanent or mobile establishment permitted 1241 by the board; provides veterinary medical services for privately 1242 owned animals that do not reside at that location; operates for 1243 a limited time; and provides limited types of veterinary medical 1244 services, including vaccinations or immunizations against 1245 disease, preventative procedures for parasitic control, and 1246 microchipping. 1247 Section 59. Paragraph (b) of subsection (2) of section 1248 474.207, Florida Statutes, is amended to read: 1249 474.207 Licensure by examination.— 1250 (2) The department shall license each applicant who the 1251 board certifies has: 1252 (b)1. Graduated from a college of veterinary medicine 1253 accredited by the American Veterinary Medical Association 1254 Council on Education; or 1255 2. Graduated from a college of veterinary medicine listed 1256 in the American Veterinary Medical Association Roster of 1257 Veterinary Colleges of the World and obtained a certificate from 1258 the Education Commission for Foreign Veterinary Graduates or the 1259 Program for the Assessment of Veterinary Education Equivalence. 1260 1261 The department shall not issue a license to any applicant who is 1262 under investigation in any state or territory of the United 1263 States or in the District of Columbia for an act which would 1264 constitute a violation of this chapter until the investigation 1265 is complete and disciplinary proceedings have been terminated, 1266 at which time the provisions of s. 474.214 shall apply. 1267 Section 60. Subsection (1) of section 474.217, Florida 1268 Statutes, is amended to read: 1269 474.217 Licensure by endorsement.— 1270 (1) The department shall issue a license by endorsement to 1271 any applicant who, upon applying to the department and remitting 1272 a fee set by the board, demonstrates to the board that she or 1273 he: 1274 (a) Has demonstrated, in a manner designated by rule of the 1275 board, knowledge of the laws and rules governing the practice of 1276 veterinary medicine in this state; and 1277 (b)1.EitherHolds, and has held for the 3 years 1278 immediately preceding the application for licensure, a valid, 1279 active license to practice veterinary medicine in another state 1280 of the United States, the District of Columbia, or a territory 1281 of the United States, provided that the applicant has 1282 successfully completed a state, regional, national, or other 1283 examination that is equivalent to or more stringent than the 1284 examination required by the boardrequirements for licensure in1285the issuing state, district, or territory are equivalent to or1286more stringent than the requirements of this chapter; or 1287 2. Meets the qualifications of s. 474.207(2)(b) and has 1288 successfully completed a state, regional, national, or other 1289 examination which is equivalent to or more stringent than the 1290 examination given by the department and has passed the board’s 1291 clinical competency examination or another clinical competency 1292 examination specified by rule of the board. 1293 Section 61. Subsection (2) of section 476.114, Florida 1294 Statutes, is amended to read: 1295 476.114 Examination; prerequisites.— 1296 (2) An applicant shall be eligible for licensure by 1297 examination to practice barbering if the applicant: 1298 (a) Is at least 16 years of age; 1299 (b) Pays the required application fee; and 1300 (c)1. Holds an active valid license to practice barbering 1301 in another state, has held the license for at least 1 year, and 1302 does not qualify for licensure by endorsement as provided for in 1303 s. 476.144(5); or 1304 2. Has received a minimum of 6001,200hours of training in 1305 sanitation, safety, and laws and rules, as established by the 1306 board, which shall include, but shall not be limited to, the 1307 equivalent of completion of services directly related to the 1308 practice of barbering at one of the following: 1309 a. A school of barbering licensed pursuant to chapter 1005; 1310 b. A barbering program within the public school system; or 1311 c. A government-operated barbering program in this state. 1312 1313 The board shall establish by rule procedures whereby the school 1314 or program may certify that a person is qualified to take the 1315 required examination after the completion of a minimum of 325 13161,000actual school hours. If the person passes the examination, 1317 she or he shall have satisfied this requirement; but if the 1318 person fails the examination, she or he shall not be qualified 1319 to take the examination again until the completion of the full 1320 requirements provided by this section. 1321 Section 62. Subsection (5) of section 476.144, Florida 1322 Statutes, is amended to read: 1323 476.144 Licensure.— 1324 (5) The board shall certify as qualified for licensure by 1325 endorsement as a barber in this state an applicant who holds a 1326 current active license to practice barbering in another state. 1327 The board shall adopt rules specifying procedures for the 1328 licensure by endorsement of practitioners desiring to be 1329 licensed in this state who hold a current active license in 1330 anotherstate orcountry and who have met qualifications 1331 substantially similar to, equivalent to, or greater than the 1332 qualifications required of applicants from this state. 1333 Section 63. Subsection (9) of section 477.013, Florida 1334 Statutes, is amended to read: 1335 477.013 Definitions.—As used in this chapter: 1336 (9) “Hair braiding” means the weaving or interweaving of 1337 natural human hair or commercial hair, including the use of hair 1338 extensions or wefts, for compensation without cutting, coloring, 1339 permanent waving, relaxing, removing, or chemical treatmentand1340does not include the use of hair extensions or wefts. 1341 Section 64. Section 477.0132, Florida Statutes, is 1342 repealed. 1343 Section 65. Subsections (7) through (11) are added to 1344 section 477.0135, Florida Statutes, to read: 1345 477.0135 Exemptions.— 1346 (7) A license or registration is not required for a person 1347 whose occupation or practice is confined solely to hair braiding 1348 as defined in s. 477.013(9). 1349 (8) A license or registration is not required for a person 1350 whose occupation or practice is confined solely to hair wrapping 1351 as defined in s. 477.013(10). 1352 (9) A license or registration is not required for a person 1353 whose occupation or practice is confined solely to body wrapping 1354 as defined in s. 477.013(12). 1355 (10) A license or registration is not required for a person 1356 whose occupation or practice is confined solely to applying 1357 polish to fingernails and toenails. 1358 (11) A license or registration is not required for a person 1359 whose occupation or practice is confined solely to makeup 1360 application. 1361 Section 66. Subsections (6) and (7) of section 477.019, 1362 Florida Statutes, are amended to read: 1363 477.019 Cosmetologists; qualifications; licensure; 1364 supervised practice; license renewal; endorsement; continuing 1365 education.— 1366 (6) The board shall certify as qualified for licensure by 1367 endorsement as a cosmetologist in this state an applicant who 1368 holds a current active license to practice cosmetology in 1369 another state.The board may not require proof of educational1370hours if the license was issued in a state that requires 1,2001371or more hours of prelicensure education and passage of a written1372examination. This subsection does not apply to applicants who1373received their license in another state through an1374apprenticeship program.1375 (7)(a) The board shall prescribe by rule continuing 1376 education requirements intended to ensure protection of the 1377 public through updated training of licensees and registered 1378 specialists, not to exceed 1016hours biennially, as a 1379 condition for renewal of a license or registration as a 1380 specialist under this chapter. Continuing education courses 1381 shall include, but not be limited to, the following subjects as 1382 they relate to the practice of cosmetology: human 1383 immunodeficiency virus and acquired immune deficiency syndrome; 1384 Occupational Safety and Health Administration regulations; 1385 workers’ compensation issues; state and federal laws and rules 1386 as they pertain to cosmetologists, cosmetology, salons, 1387 specialists, specialty salons, and booth renters; chemical 1388 makeup as it pertains to hair, skin, and nails; and 1389 environmental issues. Courses given at cosmetology conferences 1390 may be counted toward the number of continuing education hours 1391 required if approved by the board. 1392(b)Any person whose occupation or practice is confined1393solely to hair braiding, hair wrapping, or body wrapping is1394exempt from the continuing education requirements of this1395subsection.1396 (b)(c)The board may, by rule, require any licensee in 1397 violation of a continuing education requirement to take a 1398 refresher course or refresher course and examination in addition 1399 to any other penalty. The number of hours for the refresher 1400 course may not exceed 48 hours. 1401 Section 67. Subsection (1) of section 477.0201, Florida 1402 Statutes, is amended to read: 1403 477.0201 Specialty registration; qualifications; 1404 registration renewal; endorsement.— 1405 (1) Any person is qualified for registration as a 1406 specialist in anyone or more of thespecialty practice 1407practiceswithin the practice of cosmetology under this chapter 1408 who: 1409 (a) Is at least 16 years of age or has received a high 1410 school diploma. 1411 (b) Has received a certificate of completion for:in a1412 1. 150 hours of training, as established by the board, 1413 which shall focus primarily on sanitation and safety, to 1414 practice specialties as defined in s. 477.013(6)(a) and (b); 1415specialty pursuant to s. 477.013(6)1416 2. 165 hours of training, as established by the board, 1417 which shall focus primarily on sanitation and safety, to 1418 practice the specialty as defined in s. 477.013(6)(c); or 1419 3. 300 hours of training, as established by the board, 1420 which shall focus primarily on sanitation and safety, to 1421 practice the specialties as defined in s. 477.013(6)(a)-(c). 1422 (c) The certificate of completion specified in paragraph 1423 (b) must be from one of the following: 1424 1. A school licensed pursuant to s. 477.023. 1425 2. A school licensed pursuant to chapter 1005 or the 1426 equivalent licensing authority of another state. 1427 3. A specialty program within the public school system. 1428 4. A specialty division within the Cosmetology Division of 1429 the Florida School for the Deaf and the Blind, provided the 1430 training programs comply with minimum curriculum requirements 1431 established by the board. 1432 Section 68. Paragraph (f) of subsection (1) of section 1433 477.026, Florida Statutes, is amended to read: 1434 477.026 Fees; disposition.— 1435 (1) The board shall set fees according to the following 1436 schedule: 1437(f)For hair braiders, hair wrappers, and body wrappers,1438fees for registration shall not exceed $25.1439 Section 69. Subsection (4) of section 477.0263, Florida 1440 Statutes, is amended, and subsection (5) is added to that 1441 section, to read: 1442 477.0263 Cosmetology services to be performed in licensed 1443 salon; exceptions.— 1444 (4) Pursuant to rules adopted by the board, any cosmetology 1445 or specialty service may be performed in a location other than a 1446 licensed salon when the service is performed in connection with 1447 a special event and is performed by a personwho is employed by1448a licensed salon andwho holds the proper license or specialty 1449 registration.An appointment for the performance of any such1450service in a location other than a licensed salon must be made1451through a licensed salon.1452 (5) Hair shampooing, hair cutting, and hair arranging may 1453 be performed in a location other than a licensed salon when the 1454 service is performed by a person who holds the proper license. 1455 Section 70. Paragraph (f) of subsection (1) of section 1456 477.0265, Florida Statutes, is amended to read: 1457 477.0265 Prohibited acts.— 1458 (1) It is unlawful for any person to: 1459 (f) Advertise or imply that skin care servicesor body1460wrapping, as performed under this chapter, have any relationship 1461 to the practice of massage therapy as defined in s. 480.033(3), 1462 except those practices or activities defined in s. 477.013. 1463 Section 71. Paragraph (a) of subsection (1) of section 1464 477.029, Florida Statutes, is amended to read: 1465 477.029 Penalty.— 1466 (1) It is unlawful for any person to: 1467 (a) Hold himself or herself out as a cosmetologist or,1468 specialist, hair wrapper, hair braider, or body wrapperunless 1469 duly licensed or registered, or otherwise authorized, as 1470 provided in this chapter. 1471 Section 72. Section 481.201, Florida Statutes, is amended 1472 to read: 1473 481.201 Purpose.—The primary legislative purpose for 1474 enacting this part is to ensure that every architect practicing 1475 in this state meets minimum requirements for safe practice. It 1476 is the legislative intent that architects who fall below minimum 1477 competency or who otherwise present a danger to the public shall 1478 be prohibited from practicing in this state.The Legislature1479further finds that it is in the interest of the public to limit1480the practice of interior design to interior designers or1481architects who have the design education and training required1482by this part or to persons who are exempted from the provisions1483of this part.1484 Section 73. Section 481.203, Florida Statutes, is amended 1485 to read: 1486 481.203 Definitions.—As used in this part, the term: 1487 (1)(3)“Architect” or “registered architect” means a 1488 natural person who is licensed under this part to engage in the 1489 practice of architecture. 1490 (2)(6)“Architecture” means the rendering or offering to 1491 render services in connection with the design and construction 1492 of a structure or group of structures which have as their 1493 principal purpose human habitation or use, and the utilization 1494 of space within and surrounding such structures. These services 1495 include planning, providing preliminary study designs, drawings 1496 and specifications, job-site inspection, and administration of 1497 construction contracts. 1498 (3)(1)“Board” means the Board of Architectureand Interior1499Design. 1500 (4)(5)“Business organization” means a partnership, a 1501 limited liability company, a corporation, or an individual 1502 operating under a fictitious name“Certificate of authorization”1503meansacertificate issued by the department toa corporation or1504partnership to practice architecture or interior design. 1505 (5)(4)“Certificate of registration” means a license issued 1506 by the department to a natural person to engage in the practice 1507 of architecture or interior design. 1508 (6)(13)“Common area” means an area that is held out for 1509 use by all tenants or owners in a multiple-unit dwelling, 1510 including, but not limited to, a lobby, elevator, hallway, 1511 laundry room, clubhouse, or swimming pool. 1512 (7)(2)“Department” means the Department of Business and 1513 Professional Regulation. 1514 (8)(14)“Diversified interior design experience” means 1515 experience which substantially encompasses the various elements 1516 of interior design services set forth under the definition of 1517 “interior design” in subsection (10)(8). 1518 (9)(15)“Interior decorator services” includes the 1519 selection or assistance in selection of surface materials, 1520 window treatments, wallcoverings, paint, floor coverings, 1521 surface-mounted lighting, surface-mounted fixtures, and loose 1522 furnishings not subject to regulation under applicable building 1523 codes. 1524 (10)(8)“Interior design” means designs, consultations, 1525 studies, drawings, specifications, and administration of design 1526 construction contracts relating to nonstructural interior 1527 elements of a building or structure. “Interior design” includes, 1528 but is not limited to, reflected ceiling plans, space planning, 1529 furnishings, and the fabrication of nonstructural elements 1530 within and surrounding interior spaces of buildings. “Interior 1531 design” specifically excludes the design of or the 1532 responsibility for architectural and engineering work, except 1533 for specification of fixtures and their location within interior 1534 spaces. As used in this subsection, “architectural and 1535 engineering interior construction relating to the building 1536 systems” includes, but is not limited to, construction of 1537 structural, mechanical, plumbing, heating, air-conditioning, 1538 ventilating, electrical, or vertical transportation systems, or 1539 construction which materially affects lifesafety systems 1540 pertaining to firesafety protection such as fire-rated 1541 separations between interior spaces, fire-rated vertical shafts 1542 in multistory structures, fire-rated protection of structural 1543 elements, smoke evacuation and compartmentalization, emergency 1544 ingress or egress systems, and emergency alarm systems. 1545(9)“Registered interior designer” or “interior designer”1546means a natural person who is licensed under this part.1547 (11)(10)“Nonstructural element” means an element which 1548 does not require structural bracing and which is something other 1549 than a load-bearing wall, load-bearing column, or other load 1550 bearing element of a building or structure which is essential to 1551 the structural integrity of the building. 1552 (12)(11)“Reflected ceiling plan” means a ceiling design 1553 plan which is laid out as if it were projected downward and 1554 which may include lighting and other elements. 1555 (13)(16)“Responsible supervising control” means the 1556 exercise of direct personal supervision and control throughout 1557 the preparation of documents, instruments of service, or any 1558 other work requiring the seal and signature of a licensee under 1559 this part. 1560 (14)(12)“Space planning” means the analysis, programming, 1561 or design of spatial requirements, including preliminary space 1562 layouts and final planning. 1563 (15)(7)“Townhouse” is a single-family dwelling unit not 1564 exceeding three stories in height which is constructed in a 1565 series or group of attached units with property lines separating 1566 such units. Each townhouse shall be considered a separate 1567 building and shall be separated from adjoining townhouses by the 1568 use of separate exterior walls meeting the requirements for zero 1569 clearance from property lines as required by the type of 1570 construction and fire protection requirements; or shall be 1571 separated by a party wall; or may be separated by a single wall 1572 meeting the following requirements: 1573 (a) Such wall shall provide not less than 2 hours of fire 1574 resistance. Plumbing, piping, ducts, or electrical or other 1575 building services shall not be installed within or through the 1576 2-hour wall unless such materials and methods of penetration 1577 have been tested in accordance with the Standard Building Code. 1578 (b) Such wall shall extend from the foundation to the 1579 underside of the roof sheathing, and the underside of the roof 1580 shall have at least 1 hour of fire resistance for a width not 1581 less than 4 feet on each side of the wall. 1582 (c) Each dwelling unit sharing such wall shall be designed 1583 and constructed to maintain its structural integrity independent 1584 of the unit on the opposite side of the wall. 1585 Section 74. Subsection (1) and paragraph (a) of subsection 1586 (3) of section 481.205, Florida Statutes, are amended to read: 1587 481.205 Board of Architectureand Interior Design.— 1588 (1) The Board of Architectureand Interior Designis 1589 created within the Department of Business and Professional 1590 Regulation. The board shall consist of seven11members. Five 1591 members must be registered architects who have been engaged in 1592 the practice of architecture for at least 5 years; three members1593must be registered interior designers who have been offering1594interior design services for at least 5 years and who are not1595also registered architects;and twothreemembers must be 1596 laypersons who are not, and have never been, architects,1597interior designers,or members of any closely related profession 1598 or occupation. At least one member of the board must be 60 years 1599 of age or older. 1600 (3)(a) Notwithstanding the provisions of ss. 455.225, 1601 455.228, and 455.32, the duties and authority of the department 1602 to receive complaints and investigate and discipline persons 1603 licensed under this part, including the ability to determine 1604 legal sufficiency and probable cause; to initiate proceedings 1605 and issue final orders for summary suspension or restriction of 1606 a license pursuant to s. 120.60(6); to issue notices of 1607 noncompliance, notices to cease and desist, subpoenas, and 1608 citations; to retain legal counsel, investigators, or 1609 prosecutorial staff in connection with the licensed practice of 1610 architectureand interior design; and to investigate and deter 1611 the unlicensed practice of architectureand interior designas 1612 provided in s. 455.228 are delegated to the board. All 1613 complaints and any information obtained pursuant to an 1614 investigation authorized by the board are confidential and 1615 exempt from s. 119.07(1) as provided in s. 455.225(2) and (10). 1616 Section 75. Section 481.207, Florida Statutes, is amended 1617 to read: 1618 481.207 Fees.—The board, by rule, may establish separate 1619 fees for architectsand interior designers, to be paid for 1620 applications, examination, reexamination, licensing and renewal, 1621 delinquency, reinstatement, and recordmaking and recordkeeping. 1622 The examination fee shall be in an amount that covers the cost 1623 of obtaining and administering the examination and shall be 1624 refunded if the applicant is found ineligible to sit for the 1625 examination. The application fee is nonrefundable. The fee for 1626 initial application and examination for architectsand interior1627designersmay not exceed $775 plus the actual per applicant cost 1628 to the department for purchase of the examination from the 1629 National Council of Architectural Registration Boardsor the1630National Council of Interior Design Qualifications,1631respectively,or similar national organizations. The biennial 1632 renewal fee for architects may not exceed $200.The biennial1633renewal fee for interior designers may not exceed $500.The 1634 delinquency fee may not exceed the biennial renewal fee 1635 established by the board for an active license. The board shall 1636 establish fees that are adequate to ensure the continued 1637 operation of the board and to fund the proportionate expenses 1638 incurred by the department which are allocated to the regulation 1639 of architectsand interior designers. Fees shall be based on 1640 department estimates of the revenue required to implement this 1641 part and the provisions of law with respect to the regulation of 1642 architectsand interior designers. 1643 Section 76. Section 481.209, Florida Statutes, is amended 1644 to read: 1645 481.209 Examinations.— 1646(1)A person desiring to be licensed as a registered 1647 architect by initial examination shall apply to the department, 1648 complete the application form, and remit a nonrefundable 1649 application fee. The department shall license any applicant who 1650 the board certifies:1651(a)has passed the licensure examination prescribed by 1652 board rule;and 1653(b)is a graduate of a school or college of architecture 1654 with a program accredited by the National Architectural 1655 Accreditation Board. 1656(2)A person desiring to be licensed as a registered1657interior designer shall apply to the department for licensure.1658The department shall administer the licensure examination for1659interior designers to each applicant who has completed the1660application form and remitted the application and examination1661fees specified in s. 481.207 and who the board certifies:1662(a)Is a graduate from an interior design program of 51663years or more and has completed 1 year of diversified interior1664design experience;1665(b)Is a graduate from an interior design program of 41666years or more and has completed 2 years of diversified interior1667design experience;1668(c)Has completed at least 3 years in an interior design1669curriculum and has completed 3 years of diversified interior1670design experience; or1671(d)Is a graduate from an interior design program of at1672least 2 years and has completed 4 years of diversified interior1673design experience.1674Subsequent to October 1, 2000, for the purpose of having the1675educational qualification required under this subsection1676accepted by the board, the applicant must complete his or her1677education at a program, school, or college of interior design1678whose curriculum has been approved by the board as of the time1679of completion. Subsequent to October 1, 2003, all of the1680required amount of educational credits shall have been obtained1681in a program, school, or college of interior design whose1682curriculum has been approved by the board, as of the time each1683educational credit is gained. The board shall adopt rules1684providing for the review and approval of programs, schools, and1685colleges of interior design and courses of interior design study1686based on a review and inspection by the board of the curriculum1687of programs, schools, and colleges of interior design in the1688United States, including those programs, schools, and colleges1689accredited by the Foundation for Interior Design Education1690Research. The board shall adopt rules providing for the review1691and approval of diversified interior design experience required1692by this subsection.1693 Section 77. Subsections (1) through (4) of section 481.213, 1694 Florida Statutes, are amended to read: 1695 481.213 Licensure.— 1696 (1) The department shall license any applicant who the 1697 board certifies is qualified for licensure and who has paid the 1698 initial licensure fee.Licensure as an architect under this1699section shall be deemed to include all the rights and privileges1700of licensure as an interior designer under this section.1701 (2) The board shall certify for licensure by examination 1702 any applicant who passes the prescribed licensure examination 1703 and satisfies the requirements of ss. 481.209 and 481.211, for1704architects, or the requirements of s. 481.209, for interior1705designers. 1706 (3) The board shall certify as qualified for a license by 1707 endorsement as an architector as an interior designeran 1708 applicant who: 1709 (a) Qualifies to take the prescribed licensure examination, 1710 and has passed the prescribed licensure examination or a 1711 substantially equivalent examination in another jurisdiction, as 1712 set forth in s. 481.209 for architectsor interior designers, as1713applicable, and has satisfied the internship requirements set 1714 forth in s. 481.211 for architects; 1715 (b) Holds a valid license to practice architectureor1716interior designissued by another jurisdiction of the United 1717 States, if the criteria for issuance of such license were 1718 substantially equivalent to the licensure criteria that existed 1719 in this state at the time the license was issued;provided,1720however, that an applicant who has been licensed for use of the1721title “interior design” rather than licensed to practice1722interior design shall not qualify hereunder;or 1723 (c) Has passed the prescribed licensure examination and 1724 holds a valid certificate issued by the National Council of 1725 Architectural Registration Boards, and holds a valid license to 1726 practice architecture issued by another state or jurisdiction of 1727 the United States. 1728 (4) The board may refuse to certify any applicant who has 1729 violated any of the provisions of s. 481.223,or s. 481.225,or1730s. 481.2251,as applicable. 1731 Section 78. Section 481.2131, Florida Statutes, is amended 1732 to read: 1733 481.2131 Interior design; practice requirements; disclosure1734of compensation for professional services.— 1735 (1)A registered interior designer is authorized to perform1736“interior design” as defined in s. 481.203. Interior design1737documents prepared by a registered interior designer shall1738contain a statement that the document is not an architectural or1739engineering study, drawing, specification, or design and is not1740to be used for construction of any load-bearing columns, load1741bearing framing or walls of structures, or issuance of any1742building permit, except as otherwise provided by law.Interior 1743 design documents that are preparedand sealedby ana registered1744 interior designer mustmay, if required by a permitting body, be 1745 accepted by the permitting bodybe submittedfor the issuance of 1746 a building permit for interior construction excluding design of 1747 any structural, mechanical, plumbing, heating, air-conditioning, 1748 ventilating, electrical, or vertical transportation systems or 1749 that materially affect lifesafety systems pertaining to 1750 firesafety protection such as fire-rated separations between 1751 interior spaces, fire-rated vertical shafts in multistory 1752 structures, fire-rated protection of structural elements, smoke 1753 evacuation and compartmentalization, emergency ingress or egress 1754 systems, and emergency alarm systems. Interior design documents 1755 submitted for the issuance of a building permit by an individual 1756 performing interior design services who is not a licensed 1757 architect must include written proof that such individual has 1758 successfully passed the qualification examination prescribed by 1759 either the National Council for Interior Design Qualifications 1760 or the California Council for Interior Design Certification. All 1761 drawings, plans, specifications, or reports prepared or issued 1762 by the interior designer and filed for public record shall bear 1763 the signature of the interior designer who prepared or approved 1764 the document and the date on which they were signed. The 1765 signature and date shall be evidence of the authenticity of that 1766 to which they are affixed. Final plans, specifications, or 1767 reports prepared or issued by an interior designer may be 1768 transmitted electronically and may be electronically signed by 1769 the interior designer. 1770 (2) A license or registration is not required for a person 1771 whose occupation or practice is confined to interior design or 1772 interior decorator servicesAn interior designer shall, before1773entering into a contract, verbal or written, clearly determine1774the scope and nature of the project and the method or methods of1775compensation. The interior designer may offer professional1776services to the client as a consultant, specifier, or supplier1777on the basis of a fee, percentage, or markup. The interior1778designer shall have the responsibility of fully disclosing to1779the client the manner in which all compensation is to be paid.1780Unless the client knows and agrees, the interior designer shall1781not accept any form of compensation from a supplier of goods and1782services in cash or in kind. 1783 Section 79. Subsections (3) and (5) of section 481.215, 1784 Florida Statutes, are amended to read: 1785 481.215 Renewal of license.— 1786 (3) ANolicense renewal may notshallbe issued to an 1787 architector an interior designerby the department until the 1788 licensee submits proof satisfactory to the department that, 1789 during the 2 years beforeprior toapplication for renewal, the 1790 licensee participated per biennium in not less than 20 hours of 1791 at least 50 minutes each per biennium of continuing education 1792 approved by the board. The board shall approve only continuing 1793 education that builds upon the basic knowledge of architecture 1794or interior design. The board may make exception from the 1795 requirements of continuing education in emergency or hardship 1796 cases. 1797(5)The board shall require, by rule adopted pursuant to1798ss. 120.536(1) and 120.54, a specified number of hours in1799specialized or advanced courses, approved by the Florida1800Building Commission, on any portion of the Florida Building1801Code, adopted pursuant to part IV of chapter 553, relating to1802the licensee’s respective area of practice.1803 Section 80. Subsection (1) of section 481.217, Florida 1804 Statutes, is amended to read: 1805 481.217 Inactive status.— 1806 (1) The board may prescribe by rule continuing education 1807 requirements as a condition of reactivating a license. The rules 1808 may not require more than one renewal cycle of continuing 1809 education to reactivate a license for a registered architector1810interior designer.For interior design, the board may approve1811only continuing education that builds upon the basic knowledge1812of interior design.1813 Section 81. Section 481.219, Florida Statutes, is amended 1814 to read: 1815 481.219 Qualification of business organizations 1816certification of partnerships, limited liability companies, and1817corporations.— 1818 (1) A licensee mayThe practice of or the offer topractice 1819 architectureor interior design by licenseesthrough a qualified 1820 business organization that offerscorporation, limited liability1821company, or partnership offeringarchitecturalor interior1822designservices to the public, or by a corporation, limited1823liability company, or partnership offering architectural or1824interior design services to the public through licensees under1825this part as agents, employees, officers, or partners, is1826permitted, subject to the provisions of this section. 1827 (2) If a licensee or an applicant proposes to engage in the 1828 practice of architecture as a business organization, the 1829 licensee or applicant shall qualify the business organization 1830 upon approval of the boardFor the purposes of this section, a1831certificate of authorization shall be required for a1832corporation, limited liability company, partnership, or person1833practicing under a fictitious name, offering architectural1834services to the public jointly or separately. However, when an1835individual is practicing architecture in her or his own name,1836she or he shall not be required to be certified under this1837section. Certification under this subsection to offer1838architectural services shall include all the rights and1839privileges of certification under subsection (3) to offer1840interior design services. 1841 (3)(a) A business organization may not engage in the 1842 practice of architecture unless its qualifying agent is a 1843 registered architect under this part. A qualifying agent who 1844 terminates an affiliation with a qualified business organization 1845 shall immediately notify the department of such termination. If 1846 such qualifying agent is the only qualifying agent for that 1847 business organization, the business organization must be 1848 qualified by another qualifying agent within 60 days after the 1849 termination. Except as provided in paragraph (b), the business 1850 organization may not engage in the practice of architecture 1851 until it is qualified by another qualifying agent. 1852 (b) In the event a qualifying agent ceases employment with 1853 a qualified business organization, the executive director or the 1854 chair of the board may authorize another registered architect 1855 employed by the business organization to temporarily serve as 1856 its qualifying agent for a period of no more than 60 days. The 1857 business organization is not authorized to operate beyond such 1858 period under this chapter absent replacement of the qualifying 1859 agent who has ceased employment. 1860 (c) A qualifying agent shall notify the department in 1861 writing before engaging in the practice of architecture in her 1862 or his own name or in affiliation with a different business 1863 organization, and she or he or such business organization shall 1864 supply the same information to the department as required of 1865 applicants under this part. 1866(3)For the purposes of this section, a certificate of1867authorization shall be required for a corporation, limited1868liability company, partnership, or person operating under a1869fictitious name, offering interior design services to the public1870jointly or separately. However, when an individual is practicing1871interior design in her or his own name, she or he shall not be1872required to be certified under this section.1873 (4) All final construction documents and instruments of 1874 service which include drawings, specifications, plans, reports, 1875 or other papers or documents that involveinvolvingthe practice 1876 of architecture which are prepared or approved for the use of 1877 the business organizationcorporation, limited liability1878company, or partnershipand filed for public record within the 1879 state mustshallbear the signature and seal of the licensee who 1880 prepared or approved them and the date on which they were 1881 sealed. 1882(5)All drawings, specifications, plans, reports, or other1883papers or documents prepared or approved for the use of the1884corporation, limited liability company, or partnership by an1885interior designer in her or his professional capacity and filed1886for public record within the state shall bear the signature and1887seal of the licensee who prepared or approved them and the date1888on which they were sealed.1889(6)The department shall issue a certificate of1890authorization to any applicant who the board certifies as1891qualified for a certificate of authorization and who has paid1892the fee set in s. 481.207.1893 (5)(7)The board shall allow a licensee orcertifyan 1894 applicant to qualify one or more business organizationsas1895qualified for a certificate of authorizationto offer 1896 architecturalor interior designservices, or to use a 1897 fictitious name to offer such services, ifprovided that:1898(a)one or more of the principal officers of the 1899 corporation or limited liability company, or one or more 1900 partners of the partnership, and all personnel of the 1901 corporation, limited liability company, or partnership who act 1902 in its behalf in this state as architects, are registered as 1903 provided by this part.; or1904(b)One or more of the principal officers of the1905corporation or one or more partners of the partnership, and all1906personnel of the corporation, limited liability company, or1907partnership who act in its behalf in this state as interior1908designers, are registered as provided by this part.1909(8)The department shall adopt rules establishing a1910procedure for the biennial renewal of certificates of1911authorization.1912(9)The department shall renew a certificate of1913authorization upon receipt of the renewal application and1914biennial renewal fee.1915 (6)(10)Each qualifying agent who qualifies a business 1916 organizationpartnership, limited liability company, and1917corporation certifiedunder this section shall notify the 1918 department within 30 days afterofany change in the information 1919 contained in the application upon which the qualification 1920certificationis based. Any registered architector interior1921designerwho qualifies the business organization shall ensure 1922corporation, limited liability company, or partnership as1923provided in subsection (7) shall be responsible for ensuring1924 responsible supervising control of projects of the business 1925 organizationentityand shall notify the department of theupon1926 termination of her or his employment with a business 1927 organization qualifiedpartnership, limited liability company,1928or corporation certifiedunder this sectionshall notify the1929department of the terminationwithin 30 days after such 1930 termination. 1931 (7)(11)A business organization is notNo corporation,1932limited liability company, or partnership shall berelieved of 1933 responsibility for the conduct or acts of its agents, employees, 1934 or officers by reason of its compliance with this section. 1935 However, except as provided in s. 558.0035, the architect who 1936 signs and seals the construction documents and instruments of 1937 service isshall beliable for the professional services 1938 performed, and the interior designer who signs and seals the1939interior design drawings, plans, or specifications shall be1940liable for the professional services performed. 1941(12)Disciplinary action against a corporation, limited1942liability company, or partnership shall be administered in the1943same manner and on the same grounds as disciplinary action1944against a registered architect or interior designer,1945respectively.1946 (8)(13)Nothing inThis section may notshallbe construed 1947 to mean that a certificate of registration to practice 1948 architectureor interior designmustshallbe held by a business 1949 organizationcorporation, limited liability company, or1950partnership.Nothing inThis section does not prohibit a 1951 business organization from offeringprohibits corporations,1952limited liability companies, and partnerships from joining1953together to offerarchitectural or,engineering, interior1954design, surveying and mapping, and landscape architectural1955 services, or any combination of such services, to the public if 1956 the business organization, provided that each corporation,1957limited liability company, or partnershipotherwise meets the 1958 requirements of law. 1959(14)Corporations, limited liability companies, or1960partnerships holding a valid certificate of authorization to1961practice architecture shall be permitted to use in their title1962the term “interior designer” or “registered interior designer.”1963 Section 82. Subsections (4), (6), (8), (10), (11), and (12) 1964 of section 481.221, Florida Statutes, are renumbered as 1965 subsections (3), (4), (5), (6), (7), and (8), respectively, and 1966 present subsections (3), (5), (7), (9), (10), (11), and (12) of 1967 that section are amended to read: 1968 481.221 Seals; display of certificate number; permitting 1969 requirements.— 1970(3)The board shall adopt a rule prescribing the distinctly1971different seals to be used by registered interior designers1972holding valid certificates of registration. Each registered1973interior designer shall obtain a seal as prescribed by the1974board, and all drawings, plans, specifications, or reports1975prepared or issued by the registered interior designer and being1976filed for public record shall bear the signature and seal of the1977registered interior designer who prepared or approved the1978document and the date on which they were sealed. The signature,1979date, and seal shall be evidence of the authenticity of that to1980which they are affixed. Final plans, specifications, or reports1981prepared or issued by a registered interior designer may be1982transmitted electronically and may be signed by the registered1983interior designer, dated, and sealed electronically with the1984seal in accordance with ss. 668.001-668.006.1985(5)No registered interior designer shall affix, or permit1986to be affixed, her or his seal or signature to any plan,1987specification, drawing, or other document which depicts work1988which she or he is not competent or licensed to perform.1989(7)No registered interior designer shall affix her or his1990signature or seal to any plans, specifications, or other1991documents which were not prepared by her or him or under her or1992his responsible supervising control or by another registered1993interior designer and reviewed, approved, or modified and1994adopted by her or him as her or his own work according to rules1995adopted by the board.1996(9)Studies, drawings, specifications, and other related1997documents prepared by a registered interior designer in1998providing interior design services shall be of a sufficiently1999high standard to clearly and accurately indicate all essential2000parts of the work to which they refer.2001 (6)(10)Each registered architect mustor interior2002designer, and each corporation, limited liability company, or2003partnership holding a certificate of authorization, shall2004 include her or his licenseits certificatenumber in any 2005 newspaper, telephone directory, or other advertising medium used 2006 by the registered licenseearchitect, interior designer,2007corporation, limited liability company, or partnership. Each 2008 business organization must include the license number of the 2009 registered architect who serves as the qualifying agent for that 2010 business organization in any newspaper, telephone directory, or 2011 other advertising medium used by the business organization. A 2012 business organization is not required to display the license 2013 numbers of other registered architects employed by the business 2014 organizationA corporation, limited liability company, or2015partnership is not required to display the certificate number of2016individual registered architects or interior designers employed2017by or working within the corporation, limited liability company,2018or partnership. 2019 (7)(11)When the certificate of registration of a 2020 registered architector interior designerhas been revoked or 2021 suspended by the board, the registered architector interior2022designershall surrender her or his seal to the secretary of the 2023 board within a period of 30 days after the revocation or 2024 suspension has become effective. If the certificate of the 2025 registered architector interior designerhas been suspended for 2026 a period of time, her or his seal shall be returned to her or 2027 him upon expiration of the suspension period. 2028 (8)(12)A person may not sign and seal by any means any 2029 final plan, specification, or report after her or his 2030 certificate of registration has expired or is suspended or 2031 revoked. A registered architector interior designerwhose 2032 certificate of registration is suspended or revoked shall, 2033 within 30 days after the effective date of the suspension or 2034 revocation, surrender her or his seal to the executive director 2035 of the board and confirm in writing to the executive director 2036 the cancellation of the registered architect’sor interior2037designer’selectronic signature in accordance with ss. 668.001 2038 668.006. When a registered architect’sor interior designer’s2039 certificate of registration is suspended for a period of time, 2040 her or his seal shall be returned upon expiration of the period 2041 of suspension. 2042 Section 83. Section 481.222, Florida Statutes, is amended 2043 to read: 2044 481.222 Architects performing building code inspection 2045 services.—Notwithstanding any other provision of law, a person 2046 who is currently licensed to practice as an architect under this 2047 part may provide building code inspection services described in 2048 s. 468.603(5) and (8) to a local government or state agency upon 2049 its request, without being certified by the Florida Building 2050 Code Administrators and Inspectors Board under part XII of 2051 chapter 468. With respect to the performance of such building 2052 code inspection services, the architect is subject to the 2053 disciplinary guidelines of this part and s. 468.621(1)(c)-(h). 2054 Any complaint processing, investigation, and discipline that 2055 arise out of an architect’s performance of building code 2056 inspection services shall be conducted by the Board of 2057 Architectureand Interior Designrather than the Florida 2058 Building Code Administrators and Inspectors Board. An architect 2059 may not perform plans review as an employee of a local 2060 government upon any job that the architect or the architect’s 2061 company designed. 2062 Section 84. Section 481.223, Florida Statutes, is amended 2063 to read: 2064 481.223 Prohibitions; penalties; injunctive relief.— 2065 (1) A person may not knowingly: 2066 (a) Practice architecture unless the person is an architect 2067 or a registered architect; however, a licensed architect who has 2068 been licensed by the board and who chooses to relinquish or not 2069 to renew his or her license may use the title “Architect, 2070 Retired” but may not otherwise render any architectural 2071 services. 2072(b)Practice interior design unless the person is a2073registered interior designer unless otherwise exempted herein;2074however, an interior designer who has been licensed by the board2075and who chooses to relinquish or not to renew his or her license2076may use the title “Interior Designer, Retired” but may not2077otherwise render any interior design services.2078 (b)(c)Use the name or title “architect,”or“registered 2079 architect,”or “interior designer” or “registered interior2080designer,”or words to that effect, when the person is not then 2081 the holder of a valid license issued pursuant to this part. 2082 (c)(d)Present as his or her own the license of another. 2083 (d)(e)Give false or forged evidence to the board or a 2084 member thereof. 2085 (e)(f)Use or attempt to use an architector interior2086designerlicense that has been suspended, revoked, or placed on 2087 inactive or delinquent status. 2088 (f)(g)Employ unlicensed persons to practice architecture 2089or interior design. 2090 (g)(h)Conceal information relative to violations of this 2091 part. 2092 (2) Any person who violates any provision of subsection (1) 2093 commits a misdemeanor of the first degree, punishable as 2094 provided in s. 775.082 or s. 775.083. 2095 (3)(a) Notwithstanding chapter 455 or any other law to the 2096 contrary, an affected person may maintain an action for 2097 injunctive relief to restrain or prevent a person from violating 2098 paragraph (1)(a) or,paragraph (1)(b), or paragraph (1)(c). The 2099 prevailing party is entitled to actual costs and attorney’s 2100 fees. 2101 (b) For purposes of this subsection, the term “affected 2102 person” means a person directly affected by the actions of a 2103 person suspected of violating paragraph (1)(a) or,paragraph 2104 (1)(b), or paragraph (1)(c)and includes, but is not limited to, 2105 the department, any person who received services from the 2106 alleged violator, or any private association composed primarily 2107 of members of the profession the alleged violator is practicing 2108 or offering to practice or holding himself or herself out as 2109 qualified to practice. 2110 Section 85. Section 481.2251, Florida Statutes, is 2111 repealed. 2112 Section 86. Subsections (5) through (8) of section 481.229, 2113 Florida Statutes, are amended to read: 2114 481.229 Exceptions; exemptions from licensure.— 2115(5)(a)Nothing contained in this part shall prevent a2116registered architect or a partnership, limited liability2117company, or corporation holding a valid certificate of2118authorization to provide architectural services from performing2119any interior design service or from using the title “interior2120designer” or “registered interior designer.” 2121(b)Notwithstanding any other provision of this part, all2122persons licensed as architects under this part shall be2123qualified for interior design licensure upon submission of a2124completed application for such license and a fee not to exceed2125$30. Such persons shall be exempt from the requirements of s.2126481.209(2). For architects licensed as interior designers,2127satisfaction of the requirements for renewal of licensure as an2128architect under s. 481.215 shall be deemed to satisfy the2129requirements for renewal of licensure as an interior designer2130under that section. Complaint processing, investigation, or2131other discipline-related legal costs related to persons licensed2132as interior designers under this paragraph shall be assessed2133against the architects’ account of the Regulatory Trust Fund.2134(c)Notwithstanding any other provision of this part, any2135corporation, partnership, or person operating under a fictitious2136name which holds a certificate of authorization to provide2137architectural services shall be qualified, without fee, for a2138certificate of authorization to provide interior design services2139upon submission of a completed application therefor. For2140corporations, partnerships, and persons operating under a2141fictitious name which hold a certificate of authorization to2142provide interior design services, satisfaction of the2143requirements for renewal of the certificate of authorization to2144provide architectural services under s. 481.219 shall be deemed2145to satisfy the requirements for renewal of the certificate of2146authorization to provide interior design services under that2147section.2148(6)This part shall not apply to:2149(a)A person who performs interior design services or2150interior decorator services for any residential application,2151provided that such person does not advertise as, or represent2152himself or herself as, an interior designer. For purposes of2153this paragraph, “residential applications” includes all types of2154residences, including, but not limited to, residence buildings,2155single-family homes, multifamily homes, townhouses, apartments,2156condominiums, and domestic outbuildings appurtenant to one2157family or two-family residences. However, “residential2158applications” does not include common areas associated with2159instances of multiple-unit dwelling applications.2160(b)An employee of a retail establishment providing2161“interior decorator services” on the premises of the retail2162establishment or in the furtherance of a retail sale or2163prospective retail sale, provided that such employee does not2164advertise as, or represent himself or herself as, an interior2165designer.2166(7)Nothing in this part shall be construed as authorizing2167or permitting an interior designer to engage in the business of,2168or to act as, a contractor within the meaning of chapter 489,2169unless registered or certified as a contractor pursuant to2170chapter 489.2171 (5)(8)A manufacturer of commercial food service equipment 2172 or the manufacturer’s representative, distributor, or dealer or 2173 an employee thereof, who prepares designs, specifications, or 2174 layouts for the sale or installation of such equipment is exempt 2175 from licensure as an architector interior designer, if: 2176 (a) The designs, specifications, or layouts are not used 2177 for construction or installation that may affect structural, 2178 mechanical, plumbing, heating, air conditioning, ventilating, 2179 electrical, or vertical transportation systems. 2180 (b) The designs, specifications, or layouts do not 2181 materially affect lifesafety systems pertaining to firesafety 2182 protection, smoke evacuation and compartmentalization, and 2183 emergency ingress or egress systems. 2184 (c) Each design, specification, or layout document prepared 2185 by a person or entity exempt under this subsection contains a 2186 statement on each page of the document that the designs, 2187 specifications, or layouts are not architectural, interior2188design,or engineering designs, specifications, or layouts and 2189 not used for construction unless reviewed and approved by a 2190 licensed architect or engineer. 2191 Section 87. Subsection (1) of section 481.231, Florida 2192 Statutes, is amended to read: 2193 481.231 Effect of part locally.— 2194 (1)Nothing inThis part does notshall be construed to2195 repeal, amend, limit, or otherwise affect any specific provision 2196 of any local building code or zoning law or ordinance that has 2197 been duly adopted, now or hereafter enacted, which is more 2198 restrictive, with respect to the services of registered 2199 architectsor registered interior designers, thanthe provisions2200ofthis part; provided, however, that a licensed architect shall2201be deemed licensed as an interior designer for purposes of2202offering or rendering interior design services to a county,2203municipality, or other local government or political2204subdivision. 2205 Section 88. Section 481.303, Florida Statutes, is amended 2206 to read: 2207 481.303 Definitions.—As used in this chapter, the term: 2208 (1) “Board” means the Board of Landscape Architecture. 2209 (2)(4)“Certificate of registration” means a license issued 2210 by the department to a natural person to engage in the practice 2211 of landscape architecture. 2212 (3)(2)“Department” means the Department of Business and 2213 Professional Regulation. 2214(5)“Certificate of authorization” means a license issued2215by the department to a corporation or partnership to engage in2216the practice of landscape architecture.2217 (4)(6)“Landscape architecture” means professional 2218 services, including, but not limited to, the following: 2219 (a) Consultation, investigation, research, planning, 2220 design, preparation of drawings, specifications, contract 2221 documents and reports, responsible construction supervision, or 2222 landscape management in connection with the planning and 2223 development of land and incidental water areas, including the 2224 use of Florida-friendly landscaping as defined in s. 373.185, 2225 where, and to the extent that, the dominant purpose of such 2226 services or creative works is the preservation, conservation, 2227 enhancement, or determination of proper land uses, natural land 2228 features, ground cover and plantings, or naturalistic and 2229 aesthetic values; 2230 (b) The determination of settings, grounds, and approaches 2231 for and the siting of buildings and structures, outdoor areas, 2232 or other improvements; 2233 (c) The setting of grades, shaping and contouring of land 2234 and water forms, determination of drainage, and provision for 2235 storm drainage and irrigation systems where such systems are 2236 necessary to the purposes outlined herein; and 2237 (d) The design of such tangible objects and features as are 2238 necessary to the purpose outlined herein. 2239 (5)(7)“Landscape design” means consultation for and 2240 preparation of planting plans drawn for compensation, including 2241 specifications and installation details for plant materials, 2242 soil amendments, mulches, edging, gravel, and other similar 2243 materials. Such plans may include only recommendations for the 2244 conceptual placement of tangible objects for landscape design 2245 projects. Construction documents, details, and specifications 2246 for tangible objects and irrigation systems shall be designed or 2247 approved by licensed professionals as required by law. 2248 (6)(3)“Registered landscape architect” means a person who 2249 holds a license to practice landscape architecture in this state 2250 under the authority of this act. 2251 Section 89. Section 481.310, Florida Statutes, is amended 2252 to read: 2253 481.310 Practical experience requirement.—Beginning October 2254 1, 1990, every applicant for licensure as a registered landscape 2255 architect shall demonstrate, prior to licensure, 1 year of 2256 practical experience in landscape architectural work. An 2257 applicant who holds a master of landscape architecture degree is 2258 not required to demonstrate 1 year of practical experience in 2259 landscape architectural work to obtain licensure. The board 2260 shall adopt rules providing standards for the required 2261 experience. An applicant who qualifies for examination pursuant 2262 to s. 481.309(1)(b)1. may obtain the practical experience after 2263 completing the required professional degree. Experience used to 2264 qualify for examination pursuant to s. 481.309(1)(b)2. may not 2265 be used to satisfy the practical experience requirement under 2266 this section. 2267 Section 90. Subsections (5) and (6) of section 481.311, 2268 Florida Statutes, are renumbered as subsections (4) and (5), 2269 respectively, and subsection (3) and present subsection (4) of 2270 that section are amended, to read: 2271 481.311 Licensure.— 2272 (3) The board shall certify as qualified for a license by 2273 endorsement an applicant who: 2274 (a) Qualifies to take the examination as set forth in s. 2275 481.309; and has passed a national, regional, state, or 2276 territorial licensing examination which is substantially 2277 equivalent to the examination required by s. 481.309;or2278 (b) Holds a valid license to practice landscape 2279 architecture issued by another state or territory of the United 2280 States, if the criteria for issuance of such license were 2281 substantially identical to the licensure criteria which existed 2282 in this state at the time the license was issued; or.2283 (c) Has held a valid license to practice landscape 2284 architecture in another state or territory of the United States 2285 for at least 10 years before the date of application and has 2286 successfully completed a state, regional, national, or other 2287 examination that is equivalent to or more stringent than the 2288 examination required by the board, subject to subsection (5). An 2289 applicant who has met the requirements to be qualified for a 2290 license by endorsement except for successful completion of an 2291 examination that is equivalent to or more stringent than the 2292 examination required by the board may take the examination 2293 required by the board without completing additional education 2294 requirements. 2295(4)The board shall certify as qualified for a certificate2296of authorization any applicant corporation or partnership who2297satisfies the requirements of s. 481.319.2298 Section 91. Subsection (2) of section 481.317, Florida 2299 Statutes, is amended to read: 2300 481.317 Temporary certificates.— 2301(2)Upon approval by the board and payment of the fee set2302in s. 481.307, the department shall grant a temporary2303certificate of authorization for work on one specified project2304in this state for a period not to exceed 1 year to an out-of2305state corporation, partnership, or firm, provided one of the2306principal officers of the corporation, one of the partners of2307the partnership, or one of the principals in the fictitiously2308named firm has obtained a temporary certificate of registration2309in accordance with subsection (1).2310 Section 92. Section 481.319, Florida Statutes, is amended 2311 to read: 2312 481.319 Corporate and partnership practice of landscape 2313 architecture; certificate of authorization.— 2314 (1) The practice of or offer to practice landscape 2315 architecture by registered landscape architects registered under 2316 this part through a corporation or partnership offering 2317 landscape architectural services to the public, or through a 2318 corporation or partnership offering landscape architectural 2319 services to the public through individual registered landscape 2320 architects as agents, employees, officers, or partners, is 2321 permitted, subject to the provisions of this section, if: 2322 (a) One or more of the principal officers of the 2323 corporation, or partners of the partnership, and all personnel 2324 of the corporation or partnership who act in its behalf as 2325 landscape architects in this state are registered landscape 2326 architects; and 2327 (b) One or more of the officers, one or more of the 2328 directors, one or more of the owners of the corporation, or one 2329 or more of the partners of the partnership is a registered 2330 landscape architect; and2331(c)The corporation or partnership has been issued a2332certificate of authorization by the board as provided herein. 2333 (2) All documents involving the practice of landscape 2334 architecture which are prepared for the use of the corporation 2335 or partnership shall bear the signature and seal of a registered 2336 landscape architect. 2337 (3) A landscape architect applying to practice in the name 2338 of aAn applicantcorporation mustshallfile with the 2339 department the names and addresses of all officers and board 2340 members of the corporation, including the principal officer or 2341 officers, duly registered to practice landscape architecture in 2342 this state and, also, of all individuals duly registered to 2343 practice landscape architecture in this state who shall be in 2344 responsible charge of the practice of landscape architecture by 2345 the corporation in this state. A landscape architect applying to 2346 practice in the name of aAn applicantpartnership mustshall2347 file with the department the names and addresses of all partners 2348 of the partnership, including the partner or partners duly 2349 registered to practice landscape architecture in this state and, 2350 also, of an individual or individuals duly registered to 2351 practice landscape architecture in this state who shall be in 2352 responsible charge of the practice of landscape architecture by 2353 said partnership in this state. 2354 (4) Each landscape architect qualifying a partnership or 2355andcorporationlicensedunder this part mustshallnotify the 2356 department within 1 month afterofany change in the information 2357 contained in the application upon which the license is based. 2358 Any landscape architect who terminates her or hisor her2359 employment with a partnership or corporation licensed under this 2360 part shall notify the department of the termination within 1 2361 month after such termination. 2362(5)Disciplinary action against a corporation or2363partnership shall be administered in the same manner and on the2364same grounds as disciplinary action against a registered2365landscape architect.2366 (5)(6)Except as provided in s. 558.0035, the fact that a 2367 registered landscape architect practices landscape architecture 2368 through a corporation or partnership as provided in this section 2369 does not relieve the landscape architect from personal liability 2370 for her or hisor herprofessional acts. 2371 Section 93. Subsection (5) of section 481.321, Florida 2372 Statutes, is amended to read: 2373 481.321 Seals; display of certificate number.— 2374 (5) Each registered landscape architect mustand each2375corporation or partnership holding a certificate of2376authorization shallinclude her or hisitscertificate number in 2377 any newspaper, telephone directory, or other advertising medium 2378 used by the registered landscape architect, corporation, or 2379 partnership. A corporation or partnership mustis not required2380todisplay the certificate numbernumbersof at least one 2381 officer, director, owner, or partner who is aindividual2382 registered landscape architectarchitectsemployed by or 2383 practicing with the corporation or partnership. 2384 Section 94. Subsection (5) of section 481.329, Florida 2385 Statutes, is amended to read: 2386 481.329 Exceptions; exemptions from licensure.— 2387 (5) This part does not prohibit any person from engaging in 2388 the practice of landscape design, as defined in s. 481.303 2389481.303(7), or from submitting for approval to a governmental 2390 agency planting plans that are independent of, or a component 2391 of, construction documents that are prepared by a Florida 2392 registered professional. Persons providing landscape design 2393 services shall not use the title, term, or designation 2394 “landscape architect,” “landscape architectural,” “landscape 2395 architecture,” “L.A.,” “landscape engineering,” or any 2396 description tending to convey the impression that she or he is a 2397 landscape architect unless she or he is registered as provided 2398 in this part. 2399 Section 95. Subsection (9) of section 489.103, Florida 2400 Statutes, is amended to read: 2401 489.103 Exemptions.—This part does not apply to: 2402 (9) Any work or operation of a casual, minor, or 2403 inconsequential nature in which the aggregate contract price for 2404 labor, materials, and all other items is less than $2,500 2405$1,000, but this exemption does not apply: 2406 (a) If the construction, repair, remodeling, or improvement 2407 is a part of a larger or major operation, whether undertaken by 2408 the same or a different contractor, or in which a division of 2409 the operation is made in contracts of amounts less than $2,500 2410$1,000for the purpose of evading this part or otherwise. 2411 (b) To a person who advertises that he or she is a 2412 contractor or otherwise represents that he or she is qualified 2413 to engage in contracting. 2414 Section 96. Subsection (2) of section 489.111, Florida 2415 Statutes, is amended to read: 2416 489.111 Licensure by examination.— 2417 (2) A person shall be eligible for licensure by examination 2418 if the person: 2419 (a) Is 18 years of age; 2420 (b) Is of good moral character; and 2421 (c) Meets eligibility requirements according to one of the 2422 following criteria: 2423 1. Has received a baccalaureate degree from an accredited 2424 4-year college in the appropriate field of engineering, 2425 architecture, or building construction and has 1 year of proven 2426 experience in the category in which the person seeks to qualify. 2427 For the purpose of this part, a minimum of 2,000 person-hours 2428 shall be used in determining full-time equivalency. An applicant 2429 who is exempt from passing an examination as provided in s. 2430 489.113(1) is eligible for a license under this section. 2431 2. Has a total of at least 4 years of active experience as 2432 a worker who has learned the trade by serving an apprenticeship 2433 as a skilled worker who is able to command the rate of a 2434 mechanic in the particular trade or as a foreman who is in 2435 charge of a group of workers and usually is responsible to a 2436 superintendent or a contractor or his or her equivalent, 2437 provided, however, that at least 1 year of active experience 2438 shall be as a foreman. 2439 3. Has a combination of not less than 1 year of experience 2440 as a foreman and not less than 3 years of credits for any 2441 accredited college-level courses; has a combination of not less 2442 than 1 year of experience as a skilled worker, 1 year of 2443 experience as a foreman, and not less than 2 years of credits 2444 for any accredited college-level courses; or has a combination 2445 of not less than 2 years of experience as a skilled worker, 1 2446 year of experience as a foreman, and not less than 1 year of 2447 credits for any accredited college-level courses. All junior 2448 college or community college-level courses shall be considered 2449 accredited college-level courses. 2450 4.a. An active certified residential contractor is eligible 2451 to receive a certified building contractor license after passing 2452 or having previously passedtakethe building contractors’ 2453 examination if he or she possesses a minimum of 3 years of 2454 proven experience in the classification in which he or she is 2455 certified. 2456 b. An active certified residential contractor is eligible 2457 to receive a certified general contractor license after passing 2458 or having previously passedtakethe general contractors’ 2459 examination if he or she possesses a minimum of 4 years of 2460 proven experience in the classification in which he or she is 2461 certified. 2462 c. An active certified building contractor is eligible to 2463 receive a certified general contractor license after passing or 2464 having previously passedtakethe general contractors’ 2465 examination if he or she possesses a minimum of 4 years of 2466 proven experience in the classification in which he or she is 2467 certified. 2468 5.a. An active certified air-conditioning Class C 2469 contractor is eligible to receive a certified air-conditioning 2470 Class B contractor license after passing or having previously 2471 passedtakethe air-conditioning Class B contractors’ 2472 examination if he or she possesses a minimum of 3 years of 2473 proven experience in the classification in which he or she is 2474 certified. 2475 b. An active certified air-conditioning Class C contractor 2476 is eligible to receive a certified air-conditioning Class A 2477 contractor license after passing or having previously passed 2478takethe air-conditioning Class A contractors’ examination if he 2479 or she possesses a minimum of 4 years of proven experience in 2480 the classification in which he or she is certified. 2481 c. An active certified air-conditioning Class B contractor 2482 is eligible to receive a certified air-conditioning Class A 2483 contractor license after passing or having previously passed 2484takethe air-conditioning Class A contractors’ examination if he 2485 or she possesses a minimum of 1 year of proven experience in the 2486 classification in which he or she is certified. 2487 6.a. An active certified swimming pool servicing contractor 2488 is eligible to receive a certified residential swimming pool 2489 contractor license after passing or having previously passed 2490takethe residential swimming pool contractors’ examination if 2491 he or she possesses a minimum of 3 years of proven experience in 2492 the classification in which he or she is certified. 2493 b. An active certified swimming pool servicing contractor 2494 is eligible to receive a certified commercial swimming pool 2495 contractor license after passing or having previously passed 2496takethe swimming pool commercial contractors’ examination if he 2497 or she possesses a minimum of 4 years of proven experience in 2498 the classification in which he or she is certified. 2499 c. An active certified residential swimming pool contractor 2500 is eligible to receive a certified commercial swimming pool 2501 contractor license after passing or having previously passed 2502takethe commercial swimming pool contractors’ examination if he 2503 or she possesses a minimum of 1 year of proven experience in the 2504 classification in which he or she is certified. 2505 d. An applicant is eligible to receive a certified swimming 2506 pool/spa servicing contractor license after passing or having 2507 previously passedtakethe swimming pool/spa servicing 2508 contractors’ examination if he or she has satisfactorily 2509 completed 60 hours of instruction in courses related to the 2510 scope of work covered by that license and approved by the 2511 Construction Industry Licensing Board by rule and has at least 1 2512 year of proven experience related to the scope of work of such a 2513 contractor. 2514 Section 97. Subsection (1) of section 489.113, Florida 2515 Statutes, is amended to read: 2516 489.113 Qualifications for practice; restrictions.— 2517 (1) Any person who desires to engage in contracting on a 2518 statewide basis shall, as a prerequisite thereto, establish his 2519 or her competency and qualifications to be certified pursuant to 2520 this part. To establish competency, a person shall pass the 2521 appropriate examination approved by the board and certified by 2522 the department. If an applicant has received a baccalaureate 2523 degree from an accredited 4-year college in building 2524 construction, or a related degree as approved by the board by 2525 rule, such applicant is not required to pass such examination. 2526 Any person who desires to engage in contracting on other than a 2527 statewide basis shall, as a prerequisite thereto, be registered 2528 pursuant to this part, unless exempted by this part. 2529 Section 98. Subsection (3) of section 489.115, Florida 2530 Statutes, is amended to read: 2531 489.115 Certification and registration; endorsement; 2532 reciprocity; renewals; continuing education.— 2533 (3) The board shall certify as qualified for certification 2534 by endorsement any applicant who: 2535 (a) Meets the requirements for certification as set forth 2536 in this section; has passed a national, regional, state, or 2537 United States territorial licensing examination that is 2538 substantially equivalent to the examination required by this 2539 part; and has satisfied the requirements set forth in s. 2540 489.111; 2541 (b) Holds a valid license to practice contracting issued by 2542 another state or territory of the United States, if the criteria 2543 for issuance of such license were substantially equivalent to 2544 Florida’s current certification criteria;or2545 (c) Holds a valid, current license to practice contracting 2546 issued by another state or territory of the United States, if 2547 the state or territory has entered into a reciprocal agreement 2548 with the board for the recognition of contractor licenses issued 2549 in that state, based on criteria for the issuance of such 2550 licenses that are substantially equivalent to the criteria for 2551 certification in this state; or 2552 (d) Has held a valid, current license to practice 2553 contracting issued by another state or territory for at least 10 2554 years before the date of application and is applying for the 2555 same or similar license in this state, subject to subsections 2556 (5)-(9). 2557 Section 99. Subsection (5) of section 489.511, Florida 2558 Statutes, is amended to read: 2559 489.511 Certification; application; examinations; 2560 endorsement.— 2561 (5) The board shall certify as qualified for certification 2562 by endorsement any individual applying for certification who: 2563 (a) Meets the requirements for certification as set forth 2564 in this section; has passed a national, regional, state, or 2565 United States territorial licensing examination that is 2566 substantially equivalent to the examination required by this 2567 part; and has satisfied the requirements set forth in s. 2568 489.521;or2569 (b) Holds a valid license to practice electrical or alarm 2570 system contracting issued by another state or territory of the 2571 United States, if the criteria for issuance of such license was 2572 substantially equivalent to the certification criteria that 2573 existed in this state at the time the certificate was issued; or 2574 (c) Has held a valid, current license to practice 2575 electrical or alarm system contracting issued by another state 2576 or territory for at least 10 years before the date of 2577 application and is applying for the same or similar license in 2578 this state, subject to ss. 489.510 and 489.521(3)(a), and 2579 subparagraph (1)(b)1. 2580 Section 100. Subsection (3) and paragraph (b) of subsection 2581 (4) of section 489.517, Florida Statutes, are amended to read: 2582 489.517 Renewal of certificate or registration; continuing 2583 education.— 2584 (3) Each certificateholder or registrant shall provide 2585 proof, in a form established by rule of the board, that the 2586 certificateholder or registrant has completed at least 7142587 classroom hours of at least 50 minutes each of continuing 2588 education courses during each biennium since the issuance or 2589 renewal of the certificate or registration. The board shall by 2590 rule establish criteria for the approval of continuing education 2591 courses and providers and may by rule establish criteria for 2592 accepting alternative nonclassroom continuing education on an 2593 hour-for-hour basis. 2594 (4) 2595 (b) Of the 714classroom hours of continuing education 2596 required, at least 1 hour7 hoursmust be on technical subjects, 2597 1 hour on workers’ compensation, 1 hour on workplace safety, 1 2598 hour on business practices, and for alarm system contractors and 2599 electrical contractors engaged in alarm system contracting, 2 2600 hours on false alarm prevention. 2601 Section 101. Paragraph (b) of subsection (1) of section 2602 489.518, Florida Statutes, is amended to read: 2603 489.518 Alarm system agents.— 2604 (1) A licensed electrical or alarm system contractor may 2605 not employ a person to perform the duties of a burglar alarm 2606 system agent unless the person: 2607 (b) Has successfully completed a minimum of 14 hours of 2608 training within 90 days after employment, to include basic alarm 2609 system electronics in addition to related training including 2610 CCTV and access control training, with at least 2 hours of 2611 training in the prevention of false alarms. Such training shall 2612 be from a board-approved provider, and the employee or applicant 2613 for employment shall provide proof of successful completion to 2614 the licensed employer. The board shall by rule establish 2615 criteria for the approval of training courses and providers and 2616 may by rule establish criteria for accepting alternative 2617 nonclassroom education on an hour-for-hour basis. The board 2618 shall approve providers that conduct training in other than the 2619 English language. The board shall establish a fee for the 2620 approval of training providers or courses, not to exceed $60. 2621 Qualified employers may conduct training classes for their 2622 employees, with board approval. 2623 Section 102. Section 492.104, Florida Statutes, is amended, 2624 to read: 2625 492.104 Rulemaking authority.—The Board of Professional 2626 Geologists has authority to adopt rules pursuant to ss. 2627 120.536(1) and 120.54 to implement this chapter. Every licensee 2628 shall be governed and controlled by this chapter and the rules 2629 adopted by the board. The board is authorized to set, by rule, 2630 fees for application, examination,certificate of authorization,2631 late renewal, initial licensure, and license renewal. These fees 2632 mayshouldnot exceed the cost of implementing the application, 2633 examination, initial licensure, and license renewal or other 2634 administrative process and shall be established as follows: 2635 (1) The application fee shall not exceed $150 and shall be 2636 nonrefundable. 2637 (2) The examination fee shall not exceed $250, and the fee 2638 may be apportioned to each part of a multipart examination. The 2639 examination fee shall be refundable in whole or part if the 2640 applicant is found to be ineligible to take any portion of the 2641 licensure examination. 2642 (3) The initial license fee shall not exceed $100. 2643 (4) The biennial renewal fee shall not exceed $150. 2644(5)The fee for a certificate of authorization shall not2645exceed $350 and the fee for renewal of the certificate shall not2646exceed $350.2647 (5)(6)The fee for reactivation of an inactive license may 2648shallnot exceed $50. 2649 (6)(7)The fee for a provisional license mayshallnot 2650 exceed $400. 2651 (7)(8)The fee for application, examination, and licensure 2652 for a license by endorsement isshall beas provided in this 2653 section for licenses in general. 2654 Section 103. Subsection (1) of section 492.108, Florida 2655 Statutes, is amended to read: 2656 492.108 Licensure by endorsement; requirements; fees.— 2657 (1) The department shall issue a license by endorsement to 2658 any applicant who, upon applying to the department and remitting 2659 an application fee, has been certified by the board that he or 2660 she: 2661 (a) Has met the qualifications for licensure in s. 2662 492.105(1)(b)-(e) and:.2663 1.(b)Is the holder of an active license in good standing 2664 in a state, trust, territory, or possession of the United 2665 States. 2666 2.(c)Was licensed through written examination in at least 2667 one state, trust, territory, or possession of the United States, 2668 the examination requirements of which have been approved by the 2669 board as substantially equivalent to or more stringent than 2670 those of this state, and has received a score on such 2671 examination which is equal to or greater than the score required 2672 by this state for licensure by examination. 2673 3.(d)Has taken and successfully passed the laws and rules 2674 portion of the examination required for licensure as a 2675 professional geologist in this state. 2676 (b) Has held a valid license to practice geology in another 2677 state, trust, territory, or possession of the United States for 2678 at least 10 years before the date of application and has 2679 successfully completed a state, regional, national, or other 2680 examination that is equivalent to or more stringent than the 2681 examination required by the department. If such applicant has 2682 met the requirements for a license by endorsement except 2683 successful completion of an examination that is equivalent to or 2684 more stringent than the examination required by the board, such 2685 applicant may take the examination required by the board. 2686 Section 104. Section 492.111, Florida Statutes, is amended 2687 to read: 2688 492.111 Practice of professional geology by a firm, 2689 corporation, or partnership; certificate of authorization.—The 2690 practice of, or offer to practice, professional geology by 2691 individual professional geologists licensed under the provisions 2692 of this chapter through a firm, corporation, or partnership 2693 offering geological services to the public through individually 2694 licensed professional geologists as agents, employees, officers, 2695 or partners thereof is permitted subject to the provisions of 2696 this chapter, ifprovided that: 2697 (1) At all times that it offers geological services to the 2698 public, the firm, corporation, or partnership is qualified by 2699has on file with the department the name and license number of2700 one or more individuals who hold a current, active license as a 2701 professional geologist in the state and are serving as a 2702 geologist of record for the firm, corporation, or partnership. A 2703 geologist of record may be any principal officer or employee of 2704 such firm or corporation, or any partner or employee of such 2705 partnership, who holds a current, active license as a 2706 professional geologist in this state, or any other Florida 2707 licensed professional geologist with whom the firm, corporation, 2708 or partnership has entered into a long-term, ongoing 2709 relationship, as defined by rule of the board, to serve as one 2710 of its geologists of record.It shall be the responsibility of2711the firm, corporation, or partnership andThe geologist of 2712 record shalltonotify the department of any changes in the 2713 relationship or identity of that geologist of record within 30 2714 days after such change. 2715(2)The firm, corporation, or partnership has been issued a2716certificate of authorization by the department as provided in2717this chapter. For purposes of this section, a certificate of2718authorization shall be required of any firm, corporation,2719partnership, association, or person practicing under a2720fictitious name and offering geological services to the public;2721except that, when an individual is practicing professional2722geology in her or his own name, she or he shall not be required2723to obtain a certificate of authorization under this section.2724Such certificate of authorization shall be renewed every 22725years.2726 (2)(3)All final geological papers or documents involving 2727 the practice of the profession of geology which have been 2728 prepared or approved for the use of such firm, corporation, or 2729 partnership, for delivery to any person for public record with 2730 the state, shall be dated and bear the signature and seal of the 2731 professional geologist or professional geologists who prepared 2732 or approved them. 2733 (3)(4)Except as provided in s. 558.0035, the fact that a 2734 licensed professional geologist practices through a corporation 2735 or partnership does not relieve the registrant from personal 2736 liability for negligence, misconduct, or wrongful acts committed 2737 by her or him. The partnership and all partners are jointly and 2738 severally liable for the negligence, misconduct, or wrongful 2739 acts committed by their agents, employees, or partners while 2740 acting in a professional capacity. Any officer, agent, or 2741 employee of a corporation is personally liable and accountable 2742 only for negligent acts, wrongful acts, or misconduct committed 2743 by her or him or committed by any person under her or his direct 2744 supervision and control, while rendering professional services 2745 on behalf of the corporation. The personal liability of a 2746 shareholder of a corporation, in her or his capacity as 2747 shareholder, may be no greater than that of a shareholder 2748 employee of a corporation incorporated under chapter 607. The 2749 corporation is liable up to the full value of its property for 2750 any negligent acts, wrongful acts, or misconduct committed by 2751 any of its officers, agents, or employees while they are engaged 2752 on behalf of the corporation in the rendering of professional 2753 services. 2754(5)The firm, corporation, or partnership desiring a2755certificate of authorization shall file with the department an2756application therefor, upon a form to be prescribed by the2757department, accompanied by the required application fee.2758(6)The department may refuse to issue a certificate of2759authorization if any facts exist which would entitle the2760department to suspend or revoke an existing certificate of2761authorization or if the department, after giving persons2762involved a full and fair hearing, determines that any of the2763officers or directors of said firm or corporation, or partners2764of said partnership, have violated the provisions of s. 492.113.2765 Section 105. Subsection (4) of section 492.113, Florida 2766 Statutes, is amended to read: 2767 492.113 Disciplinary proceedings.— 2768 (4) The department shall reissue the license of a 2769 disciplined professional geologistor businessupon 2770 certification by the board that the disciplined person has 2771 complied withall ofthe terms and conditions set forth in the 2772 final order. 2773 Section 106. Section 492.115, Florida Statutes, is amended 2774 to read: 2775 492.115 Roster of licensed professional geologists.—A 2776 roster showing the names and places of business or residence of 2777 all licensed professional geologists and all properly qualified 2778 firms, corporations, or partnerships practicingholding2779certificates of authorization to practiceprofessional geology 2780 in the state shall be prepared annually by the department. A 2781 copy of this roster must be made available toshall be2782obtainable byeach licensed professional geologist and each 2783 firm, corporation, or partnership qualified by a professional 2784 geologistholding a certificate of authorization, and copies 2785 thereof shall be placed on file with the department. 2786 Section 107. Paragraph (i) of subsection (2) of section 2787 548.003, Florida Statutes, is amended to read: 2788 548.003 Florida State Boxing Commission.— 2789 (2) The Florida State Boxing Commission, as created by 2790 subsection (1), shall administer the provisions of this chapter. 2791 The commission has authority to adopt rules pursuant to ss. 2792 120.536(1) and 120.54 to implement the provisions of this 2793 chapter and to implement each of the duties and responsibilities 2794 conferred upon the commission, including, but not limited to: 2795(i)Designation and duties of a knockdown timekeeper.2796 Section 108. Subsection (1) of section 548.017, Florida 2797 Statutes, is amended to read: 2798 548.017 Participants, managers, and other persons required 2799 to have licenses.— 2800 (1) A participant, manager, trainer, second,timekeeper,2801 referee, judge,announcer,physician, matchmaker, or promoter 2802 must be licensed before directly or indirectly acting in such 2803 capacity in connection with any match involving a participant. A 2804 physician approved by the commission must be licensed pursuant 2805 to chapter 458 or chapter 459, must maintain an unencumbered 2806 license in good standing, and must demonstrate satisfactory 2807 medical training or experience in boxing, or a combination of 2808 both, to the executive director before working as the ringside 2809 physician. 2810 Section 109. Paragraph (d) of subsection (1) of section 2811 553.5141, Florida Statutes, is amended to read: 2812 553.5141 Certifications of conformity and remediation 2813 plans.— 2814 (1) For purposes of this section: 2815 (d) “Qualified expert” means: 2816 1. An engineer licensed pursuant to chapter 471. 2817 2. A certified general contractor licensed pursuant to 2818 chapter 489. 2819 3. A certified building contractor licensed pursuant to 2820 chapter 489. 2821 4. A building code administrator licensed pursuant to 2822 chapter 468. 2823 5. A building inspector licensed pursuant to chapter 468. 2824 6. A plans examiner licensed pursuant to chapter 468. 2825 7. An interior designer who has passed the qualification 2826 examination prescribed by either the National Council for 2827 Interior Design Qualifications or the California Council for 2828 Interior Design Certificationlicensed pursuant to chapter 481. 2829 8. An architect licensed pursuant to chapter 481. 2830 9. A landscape architect licensed pursuant to chapter 481. 2831 10. Any person who has prepared a remediation plan related 2832 to a claim under Title III of the Americans with Disabilities 2833 Act, 42 U.S.C. s. 12182, that has been accepted by a federal 2834 court in a settlement agreement or court proceeding, or who has 2835 been qualified as an expert in Title III of the Americans with 2836 Disabilities Act, 42 U.S.C. s. 12182, by a federal court. 2837 Section 110. Subsection (1) of section 553.74, Florida 2838 Statutes, is amended to read: 2839 553.74 Florida Building Commission.— 2840 (1) The Florida Building Commission is created and located 2841 within the Department of Business and Professional Regulation 2842 for administrative purposes. Members are appointed by the 2843 Governor subject to confirmation by the Senate. The commission 2844 is composed of 1727members, consisting of the following 2845 members: 2846 (a) One architect licensed pursuant to chapter 481 with at 2847 least 5 years of experience in the design and construction of 2848 buildings containing Florida Building Code designated Group R 2849 occupancy at or above 210 feet in height above the elevation of 2850 the lowest level of emergency services accessregistered to2851practice in this state and actively engaged in the profession.2852The American Institute of Architects, Florida Section, is2853encouraged to recommend a list of candidates for consideration. 2854 (b) One structural engineer registered to practice in this 2855 state and actively engaged in the profession. The Florida 2856 Engineering Society is encouraged to recommend a list of 2857 candidates for consideration. 2858 (c) One air-conditioning or mechanical contractor certified 2859 to do business in this state and actively engaged in the 2860 profession. The Florida Air Conditioning Contractors 2861 Association, the Florida Refrigeration and Air Conditioning 2862 Contractors Association, and the Mechanical Contractors 2863 Association of Florida are encouraged to recommend a list of 2864 candidates for consideration. 2865 (d) One electrical contractor or electrical engineer 2866 certified to do business in this state and actively engaged in 2867 the profession. The Florida Association of Electrical 2868 Contractors and the National Electrical Contractors Association, 2869 Florida Chapter, are encouraged to recommend a list of 2870 candidates for consideration. 2871(e)One member from fire protection engineering or2872technology who is actively engaged in the profession. The2873Florida Chapter of the Society of Fire Protection Engineers and2874the Florida Fire Marshals and Inspectors Association are2875encouraged to recommend a list of candidates for consideration.2876 (e)(f)One certified general contractor or one certified 2877 building contractor certified to do business in this state and 2878 actively engaged in the profession. The Associated Builders and 2879 Contractors of Florida, the Florida Associated General 2880 Contractors Council, the Florida Home Builders Association, and 2881 the Union Contractors Association are encouraged to recommend a 2882 list of candidates for consideration. 2883 (f)(g)One plumbing contractor licensed to do business in 2884 this state and actively engaged in the profession. The Florida 2885 Association of Plumbing, Heating, and Cooling Contractors is 2886 encouraged to recommend a list of candidates for consideration. 2887 (g)(h)One roofing or sheet metal contractor certified to 2888 do business in this state and actively engaged in the 2889 profession. The Florida Roofing, Sheet Metal, and Air 2890 Conditioning Contractors Association and the Sheet Metal and Air 2891 Conditioning Contractors’ National Association are encouraged to 2892 recommend a list of candidates for consideration. 2893 (h)(i)One certified residential contractor licensed to do 2894 business in this state and actively engaged in the profession. 2895 The Florida Home Builders Association is encouraged to recommend 2896 a list of candidates for consideration. 2897 (i)(j)Three members who are municipal, county, or district 2898 codes enforcement officials, one of whom is also a fire 2899 official. The Building Officials Association of Florida and the 2900 Florida Fire Marshals and Inspectors Association are encouraged 2901 to recommend a list of candidates for consideration. 2902(k)One member who represents the Department of Financial2903Services.2904(l)One member who is a county codes enforcement official.2905The Building Officials Association of Florida is encouraged to2906recommend a list of candidates for consideration.2907 (j)(m)One member of a Florida-based organization of 2908 persons with disabilities or a nationally chartered organization 2909 of persons with disabilities with chapters in this state which 2910 complies with or is certified to be compliant with the 2911 requirements of the Americans with Disability Act of 1990, as 2912 amended. 2913 (k)(n)One member of the manufactured buildings industry 2914 who is licensed to do business in this state and is actively 2915 engaged in the industry. The Florida Manufactured Housing 2916 Association is encouraged to recommend a list of candidates for 2917 consideration. 2918(o)One mechanical or electrical engineer registered to2919practice in this state and actively engaged in the profession.2920The Florida Engineering Society is encouraged to recommend a2921list of candidates for consideration.2922(p)One member who is a representative of a municipality or2923a charter county. The Florida League of Cities and the Florida2924Association of Counties are encouraged to recommend a list of2925candidates for consideration.2926 (l)(q)One member of the building products manufacturing 2927 industry who is authorized to do business in this state and is 2928 actively engaged in the industry. The Florida Building Material 2929 Association, the Florida Concrete and Products Association, and 2930 the Fenestration Manufacturers Association are encouraged to 2931 recommend a list of candidates for consideration. 2932(r)One member who is a representative of the building2933owners and managers industry who is actively engaged in2934commercial building ownership or management. The Building Owners2935and Managers Association is encouraged to recommend a list of2936candidates for consideration.2937 (m)(s)One member who is a representative of the insurance 2938 industry. The Florida Insurance Council is encouraged to 2939 recommend a list of candidates for consideration. 2940(t)One member who is a representative of public education.2941 (n)(u)One member who is a swimming pool contractor 2942 licensed to do business in this state and actively engaged in 2943 the profession. The Florida Swimming Pool Association and the 2944 United Pool and Spa Association are encouraged to recommend a 2945 list of candidates for consideration. 2946(v)One member who is a representative of the green2947building industry and who is a third-party commission agent, a2948Florida board member of the United States Green Building Council2949or Green Building Initiative, a professional who is accredited2950under the International Green Construction Code (IGCC), or a2951professional who is accredited under Leadership in Energy and2952Environmental Design (LEED).2953 (o)(w)One member who is a representative of a natural gas 2954 distribution system and who is actively engaged in the 2955 distribution of natural gas in this state. The Florida Natural 2956 Gas Association is encouraged to recommend a list of candidates 2957 for consideration. 2958(x)One member who is a representative of the Department of2959Agriculture and Consumer Services’ Office of Energy. The2960Commissioner of Agriculture is encouraged to recommend a list of2961candidates for consideration.2962(y)One member who shall be the chair.2963 Section 111. Paragraph (c) of subsection (5) of section 2964 553.79, Florida Statutes, is amended to read: 2965 553.79 Permits; applications; issuance; inspections.— 2966 (5) 2967 (c) The architect or engineer of record may act as the 2968 special inspector provided she or he is on the Board of 2969 Professional Engineers’ or the Board of Architecture’s 2970Architecture and Interior Design’slist of persons qualified to 2971 be special inspectors. School boards may utilize employees as 2972 special inspectors provided such employees are on one of the 2973 professional licensing board’s list of persons qualified to be 2974 special inspectors. 2975 Section 112. Subsection (7) of section 558.002, Florida 2976 Statutes, is amended to read: 2977 558.002 Definitions.—As used in this chapter, the term: 2978 (7) “Design professional” means a person, as defined in s. 2979 1.01, who islicensed in this state asan architect, interior2980designer,a landscape architect, an engineer, a surveyor, or a 2981 geologist. 2982 Section 113. Subsection (3) of section 559.25, Florida 2983 Statutes, is amended to read: 2984 559.25 Exemptions.—The provisions of this part shall not 2985 apply to or affect the following persons: 2986(3)Duly licensed auctioneers, selling at auction.2987 Section 114. Paragraphs (h) and (k) of subsection (2) of 2988 section 287.055, Florida Statutes, are amended to read: 2989 287.055 Acquisition of professional architectural, 2990 engineering, landscape architectural, or surveying and mapping 2991 services; definitions; procedures; contingent fees prohibited; 2992 penalties.— 2993 (2) DEFINITIONS.—For purposes of this section: 2994 (h) A “design-build firm” means a partnership, corporation, 2995 or other legal entity that: 2996 1. Is certified under s. 489.119 to engage in contracting 2997 through a certified or registered general contractor or a 2998 certified or registered building contractor as the qualifying 2999 agent; or 3000 2. Is qualifiedcertifiedunder s. 471.023 to practice or 3001 to offer to practice engineering; qualifiedcertifiedunder s. 3002 481.219 to practice or to offer to practice architecture; or 3003 qualifiedcertifiedunder s. 481.319 to practice or to offer to 3004 practice landscape architecture. 3005 (k) A “design criteria professional” means a firm that is 3006 qualifiedwho holds a current certificate of registrationunder 3007 chapter 481 to practice architecture or landscape architecture 3008 or a firm who holds a current certificate as a registered 3009 engineer under chapter 471 to practice engineering and who is 3010 employed by or under contract to the agency for the providing of 3011 professional architect services, landscape architect services, 3012 or engineering services in connection with the preparation of 3013 the design criteria package. 3014 Section 115. This act shall take effect July 1, 2019. 3015