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
       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 Architecture and Interior Design, created under
  255  part I of chapter 481.
  256         2.Florida Board of Auctioneers, created under part VI of
  257  chapter 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 branch
  288  office. The division shall establish by rule a fee not to exceed
  289  $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 Business
  296  and 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 and
  306  possessing a valid and subsisting license or permit.
  307         (8)To make any false statement in an application for a
  308  license.
  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 of
  315  registration shall be furnished at regular intervals by the
  316  commission to the Department of Business and Professional
  317  Regulation.
  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 state licensed pursuant to this part who holds a
  349  valid Florida auctioneer license.
  350         (3)“Apprentice” means any person who is being trained as
  351  an auctioneer by a licensed auctioneer.
  352         (4)“Board” means the Florida Board of Auctioneers.
  353         (5)“Department” means the Department of Business and
  354  Professional 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 to
  374  inspection by the board at reasonable times.
  375         (4)Each auction must be conducted by an auctioneer who has
  376  an active license or by an apprentice who has an active
  377  apprentice auctioneer license and who has received prior written
  378  sponsor consent. Each auction must be conducted under the
  379  auspices of a licensed auction business. Any auctioneer or
  380  apprentice auctioneer conducting an auction, and any auction
  381  business under whose auspices such auction is held, shall be
  382  responsible for determining that any auctioneer, apprentice, or
  383  auction business with whom they are associated in conducting
  384  such auction has an active Florida auctioneer, apprentice, or
  385  auction business license.
  386         (5)The principal auctioneer shall prominently display at
  387  the auction site the licenses of the principal auctioneer, the
  388  auction business, and any other licensed auctioneers or
  389  apprentices who are actively participating in the auction. If
  390  such a display is not practicable, then an oral announcement at
  391  the beginning of the auction or a prominent written announcement
  392  that these licenses are available for inspection at the auction
  393  site 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 part board 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 part board 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 period and be available for inspection
  416  by 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  business a licensee from 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 auction
  431  business shall include the name and Florida license number of
  432  such auctioneer and auction business. The term “advertising”
  433  shall not include articles of clothing, directional signs, or
  434  other promotional novelty items.
  435         (9)(a)(b) No licensed auctioneer, 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.
  447         4.Contains any representation or claim which the
  448  advertising licensee fails to perform.
  449         5.Fails to include the name and license number of the
  450  principal auctioneer and the auction business.
  451         6.Fails to include the name and license number of the
  452  sponsor 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 business the disciplinary activities provided in
  471  subsections (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 license
  490  application.
  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 statute or administrative rule
  502  regulating practice under this part or a lawful disciplinary
  503  order of the board or the department.
  504         (k)Having a license to practice a comparable profession
  505  revoked, suspended, or otherwise acted against by another state,
  506  territory, 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 the
  512  prohibited acts set forth in subsection (1), it may enter an
  513  order imposing one or more of the following penalties:
  514         (a)Refusal to certify to the department an application for
  515  licensure.
  516         (b)Revocation or suspension of a license.
  517         (c)Imposition of an administrative fine not to exceed
  518  $1,000 for each count or separate offense.
  519         (d)Issuance of a reprimand.
  520         (e)Placement of the auctioneer on probation for a period
  521  of time and subject to conditions as the board may specify,
  522  including requiring the auctioneer to successfully complete the
  523  licensure examination.
  524         (f)Requirement that the person in violation make
  525  restitution to each consumer affected by that violation. Proof
  526  of such restitution shall be a signed and notarized release
  527  executed by the consumer or the consumer’s estate.
  528         (3)(a)Failure to pay a fine within a reasonable time, as
  529  prescribed by board rule, may be grounds for disciplinary
  530  action.
  531         (b)The department may file for an injunction or bring any
  532  other appropriate civil action against anyone who violates this
  533  part.
  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, who operates without an
  540  active license or violates s. 468.389(3), (5), (6), (7), or (8)
  541  s. 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         468.401 Regulation of Talent agencies; definitions.—As used
  555  in this part, the term or 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 and
  585  Professional 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 of
  596  Business and Professional Regulation to carry on the business of
  597  a talent agency under this part.
  598         (11)“Licensee” means a talent agency which holds a valid
  599  unrevoked 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
  613  applicant for a license shall file with the application an
  614  itemized schedule of maximum fees, charges, and commissions that
  615  which it intends to charge and collect for its services. The
  616  This schedule may thereafter be raised only by filing with the
  617  department an amended or supplemental schedule at least 30 days
  618  before the change is to become effective. The schedule shall be
  619  posted in a conspicuous place in each place of business of the
  620  agency and shall 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 a There shall be filed with the
  629  department for each talent agency shall obtain license a 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  sureties to be approved by the department, and be conditioned
  634  that the owner or operator of the talent agency applicant
  635  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
  647  department of 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 this
  661  section shall be readily available for inspection by the
  662  department during reasonable business hours at the talent
  663  agency’s principal office. A talent agency must provide the
  664  department with true copies of the records in the manner
  665  prescribed 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.
  672  The contract shall state that the talent agency is regulated by
  673  the department and shall list the address and telephone number
  674  of 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.;
  691  and
  692         (d)Other information which the department may require from
  693  time to time.
  694         (3)All books, records, and other papers kept pursuant to
  695  this act by any talent agency shall be open at all reasonable
  696  hours to the inspection of the department and its agents. Each
  697  talent agency shall furnish to the department, upon request, a
  698  true copy of such books, records, and papers, or any portion
  699  thereof, and shall make such reports as the department may
  700  prescribe 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
  703  and of the rules adopted under this part. Such copies shall also
  704  contain the name and address of the officer charged with
  705  enforcing this part. The department shall furnish to talent
  706  agencies printed copies of any statute or rule required to be
  707  posted under this subsection.
  708         (5)(6)A No talent 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 the licensed
  714  name, department license number, and address of the talent
  715  agency and the words “talent agency.” A No talent 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 agency licensed in 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 the
  729  third degree, punishable as provided in s. 775.082, s. 775.083,
  730  or s. 775.084:
  731         (a)Owning or operating, or soliciting business as, a
  732  talent agency in this state without first procuring a license
  733  from the department.
  734         (b)Obtaining or attempting to obtain a license by means of
  735  fraud, 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 operating
  740  under any name other than that designated on the license, unless
  741  written notification is given to the department and to the
  742  surety or sureties on the original bond, and unless the license
  743  is returned to the department for the recording thereon of such
  744  changes.
  745         (b)Assigning or attempting to assign a license issued
  746  under this part.
  747         (c)Failing to show on a license application whether or not
  748  the agency or any owner of the agency is financially interested
  749  in any other business of like nature and, if so, failing to
  750  specify 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 that the talent agency is regulated by
  761  the department, and which lists the address and telephone number
  762  of 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 provided
  771  for in subsection (2), suspend or revoke the license of any
  772  licensee under this part who has been found guilty of any
  773  misdemeanor listed in subsection (2).
  774         (2)(4) In the event that the department or any 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 by the department or any 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, the
  782  department may assess a penalty against any talent agency or any
  783  person 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. If Any agent, owner, or operator
  795  of a licensed talent agency who commits is found to have
  796  committed sexual misconduct in the operation of a talent agency,
  797  the agency license shall be permanently revoked. Such agent,
  798  owner, or operator shall be permanently prohibited from acting
  799  disqualified from present and future licensure as 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) A An applicant or licensee is ineligible to reapply for
  805  a license for a period of 1 year following final agency action
  806  on the denial or revocation of a license applied for or issued
  807  under this part. This time restriction does not apply to
  808  administrative denials or revocations entered because:
  809         (a) The applicant or licensee 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 criminal
  814  background investigation because of insufficient information
  815  from the Florida Department of Law Enforcement, the Federal
  816  Bureau of Investigation, or any other applicable law enforcement
  817  agency;
  818         (c)(d) The applicant or licensee has failed to submit
  819  required fees.; or
  820         (e)An applicant or licensed employee leasing company has
  821  been deemed ineligible for a license because of the lack of good
  822  moral character of an individual or individuals when such
  823  individual or individuals are no longer employed in a capacity
  824  that 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; or
  873         (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, the legal entity must apply for licensure through a
  891  qualifying agent or the individual applicant must qualify apply
  892  for licensure under the business organization fictitious name.
  893         (e) A The license, when issued upon application of a
  894  business organization, must be in the name of the qualifying
  895  agent business organization, and the name of the business
  896  organization qualifying agent must be noted on the license
  897  thereon. If there is a change in any information that is
  898  required to be stated on the application, the qualifying agent
  899  business organization shall, within 45 days after such change
  900  occurs, mail the correct information to the department.
  901         (3) The qualifying agent must shall be licensed under this
  902  chapter in order for the business organization to be qualified
  903  licensed in 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
  910  shall have 60 days after from the date of termination of the
  911  qualifying agent’s affiliation with the business organization in
  912  which to 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 allows shall only allow
  920  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’s business
  927  organization’s name, and the name of the business organization
  928  qualifying agent shall be noted thereon.
  929         (6) Each qualifying agent shall pay the department an
  930  amount equal to the original fee for licensure of a new business
  931  organization. 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 must shall be
  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 may shall not limit the number of
  940  business organizations that which the 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
  943  such information or evidence as is supplied 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  is shall be grounds 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 to
 1067  practice engineering issued by the management corporation to a
 1068  corporation or partnership.
 1069         (8) “License” means the licensing of engineers or
 1070  certification of businesses to 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 not
 1076  exceed $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 10 15 years and has had 20 years of continuous
 1085  professional-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 15 25 years
 1091  and has had 30 years of continuous professional-level
 1092  engineering experience.
 1093         Section 56. Section 471.023, Florida Statutes, is amended
 1094  to read:
 1095         471.023 Qualification Certification of 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 chapter possesses a certification issued by the management
 1107  corporation 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, a certificate of
 1130  authorization shall be required for any business 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 an
 1134  individual is practicing engineering in his or her own given
 1135  name, he or she shall not be required to be licensed under this
 1136  section.
 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 renewed
 1160  every 2 years. Each qualifying agent of a business organization
 1161  qualified certified under this section must notify the board
 1162  within 30 days 1 month after 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 organization
 1189  shall be administered in the same manner and on the same grounds
 1190  as 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; or and
 1202         2.Has completed such continuing education courses as the
 1203  board deems appropriate, within the limits for each applicable
 1204  2-year period as set forth in s. 473.312, but at least such
 1205  courses as are equivalent to the continuing education
 1206  requirements for a Florida certified public accountant licensed
 1207  in this state during the 2 years immediately preceding her or
 1208  his application for licensure by endorsement; or
 1209         (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 held Holds a 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.; and
 1229         2.Has completed continuing education courses that are
 1230  equivalent to the continuing education requirements for a
 1231  Florida certified public accountant licensed in this state
 1232  during the 2 years immediately preceding her or his application
 1233  for 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. Either Holds, 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 board requirements for licensure in
 1285  the issuing state, district, or territory are equivalent to or
 1286  more 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 600 1,200 hours 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
 1316  1,000 actual 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  another state or country 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 treatment and
 1340  does 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 educational
 1370  hours if the license was issued in a state that requires 1,200
 1371  or more hours of prelicensure education and passage of a written
 1372  examination. This subsection does not apply to applicants who
 1373  received their license in another state through an
 1374  apprenticeship 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 10 16 hours 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 confined
 1393  solely to hair braiding, hair wrapping, or body wrapping is
 1394  exempt from the continuing education requirements of this
 1395  subsection.
 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 any one or more of the specialty practice
 1407  practices within 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 a
 1412         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);
 1415  specialty 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,
 1438  fees 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 person who is employed by
 1448  a licensed salon and who holds the proper license or specialty
 1449  registration. An appointment for the performance of any such
 1450  service in a location other than a licensed salon must be made
 1451  through 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 services or body
 1460  wrapping, 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 wrapper unless
 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 Legislature
 1479  further finds that it is in the interest of the public to limit
 1480  the practice of interior design to interior designers or
 1481  architects who have the design education and training required
 1482  by this part or to persons who are exempted from the provisions
 1483  of 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 Architecture and Interior
 1499  Design.
 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
 1503  means a certificate issued by the department to a corporation or
 1504  partnership 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”
 1546  means 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 Architecture and Interior Design.—
 1588         (1) The Board of Architecture and Interior Design is
 1589  created within the Department of Business and Professional
 1590  Regulation. The board shall consist of seven 11 members. Five
 1591  members must be registered architects who have been engaged in
 1592  the practice of architecture for at least 5 years; three members
 1593  must be registered interior designers who have been offering
 1594  interior design services for at least 5 years and who are not
 1595  also registered architects; and two three members must be
 1596  laypersons who are not, and have never been, architects,
 1597  interior 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  architecture and interior design; and to investigate and deter
 1611  the unlicensed practice of architecture and interior design as
 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 architects and 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 architects and interior
 1627  designers may 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 Boards or the
 1630  National Council of Interior Design Qualifications,
 1631  respectively, or similar national organizations. The biennial
 1632  renewal fee for architects may not exceed $200. The biennial
 1633  renewal 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 architects and 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  architects and 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 registered
 1657  interior designer shall apply to the department for licensure.
 1658  The department shall administer the licensure examination for
 1659  interior designers to each applicant who has completed the
 1660  application form and remitted the application and examination
 1661  fees specified in s. 481.207 and who the board certifies:
 1662         (a)Is a graduate from an interior design program of 5
 1663  years or more and has completed 1 year of diversified interior
 1664  design experience;
 1665         (b)Is a graduate from an interior design program of 4
 1666  years or more and has completed 2 years of diversified interior
 1667  design experience;
 1668         (c)Has completed at least 3 years in an interior design
 1669  curriculum and has completed 3 years of diversified interior
 1670  design experience; or
 1671         (d)Is a graduate from an interior design program of at
 1672  least 2 years and has completed 4 years of diversified interior
 1673  design experience.
 1674  Subsequent to October 1, 2000, for the purpose of having the
 1675  educational qualification required under this subsection
 1676  accepted by the board, the applicant must complete his or her
 1677  education at a program, school, or college of interior design
 1678  whose curriculum has been approved by the board as of the time
 1679  of completion. Subsequent to October 1, 2003, all of the
 1680  required amount of educational credits shall have been obtained
 1681  in a program, school, or college of interior design whose
 1682  curriculum has been approved by the board, as of the time each
 1683  educational credit is gained. The board shall adopt rules
 1684  providing for the review and approval of programs, schools, and
 1685  colleges of interior design and courses of interior design study
 1686  based on a review and inspection by the board of the curriculum
 1687  of programs, schools, and colleges of interior design in the
 1688  United States, including those programs, schools, and colleges
 1689  accredited by the Foundation for Interior Design Education
 1690  Research. The board shall adopt rules providing for the review
 1691  and approval of diversified interior design experience required
 1692  by 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 this
 1699  section shall be deemed to include all the rights and privileges
 1700  of 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, for
 1704  architects, or the requirements of s. 481.209, for interior
 1705  designers.
 1706         (3) The board shall certify as qualified for a license by
 1707  endorsement as an architect or as an interior designer an
 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 architects or interior designers, as
 1713  applicable, and has satisfied the internship requirements set
 1714  forth in s. 481.211 for architects;
 1715         (b) Holds a valid license to practice architecture or
 1716  interior design issued 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,
 1720  however, that an applicant who has been licensed for use of the
 1721  title “interior design” rather than licensed to practice
 1722  interior 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, or
 1730  s. 481.2251, as applicable.
 1731         Section 78. Section 481.2131, Florida Statutes, is amended
 1732  to read:
 1733         481.2131 Interior design; practice requirements; disclosure
 1734  of compensation for professional services.—
 1735         (1) A registered interior designer is authorized to perform
 1736  “interior design” as defined in s. 481.203. Interior design
 1737  documents prepared by a registered interior designer shall
 1738  contain a statement that the document is not an architectural or
 1739  engineering study, drawing, specification, or design and is not
 1740  to be used for construction of any load-bearing columns, load
 1741  bearing framing or walls of structures, or issuance of any
 1742  building permit, except as otherwise provided by law. Interior
 1743  design documents that are prepared and sealed by an a registered
 1744  interior designer must may, if required by a permitting body, be
 1745  accepted by the permitting body be submitted for 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 services An interior designer shall, before
 1773  entering into a contract, verbal or written, clearly determine
 1774  the scope and nature of the project and the method or methods of
 1775  compensation. The interior designer may offer professional
 1776  services to the client as a consultant, specifier, or supplier
 1777  on the basis of a fee, percentage, or markup. The interior
 1778  designer shall have the responsibility of fully disclosing to
 1779  the client the manner in which all compensation is to be paid.
 1780  Unless the client knows and agrees, the interior designer shall
 1781  not accept any form of compensation from a supplier of goods and
 1782  services 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) A No license renewal may not shall be issued to an
 1787  architect or an interior designer by the department until the
 1788  licensee submits proof satisfactory to the department that,
 1789  during the 2 years before prior to application 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
 1794  or 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 to
 1798  ss. 120.536(1) and 120.54, a specified number of hours in
 1799  specialized or advanced courses, approved by the Florida
 1800  Building Commission, on any portion of the Florida Building
 1801  Code, adopted pursuant to part IV of chapter 553, relating to
 1802  the 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 architect or
 1810  interior designer. For interior design, the board may approve
 1811  only continuing education that builds upon the basic knowledge
 1812  of interior design.
 1813         Section 81. Section 481.219, Florida Statutes, is amended
 1814  to read:
 1815         481.219 Qualification of business organizations
 1816  certification of partnerships, limited liability companies, and
 1817  corporations.—
 1818         (1) A licensee may The practice of or the offer to practice
 1819  architecture or interior design by licensees through a qualified
 1820  business organization that offers corporation, limited liability
 1821  company, or partnership offering architectural or interior
 1822  design services to the public, or by a corporation, limited
 1823  liability company, or partnership offering architectural or
 1824  interior design services to the public through licensees under
 1825  this part as agents, employees, officers, or partners, is
 1826  permitted, 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 board For the purposes of this section, a
 1831  certificate of authorization shall be required for a
 1832  corporation, limited liability company, partnership, or person
 1833  practicing under a fictitious name, offering architectural
 1834  services to the public jointly or separately. However, when an
 1835  individual is practicing architecture in her or his own name,
 1836  she or he shall not be required to be certified under this
 1837  section. Certification under this subsection to offer
 1838  architectural services shall include all the rights and
 1839  privileges of certification under subsection (3) to offer
 1840  interior 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 of
 1867  authorization shall be required for a corporation, limited
 1868  liability company, partnership, or person operating under a
 1869  fictitious name, offering interior design services to the public
 1870  jointly or separately. However, when an individual is practicing
 1871  interior design in her or his own name, she or he shall not be
 1872  required 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 involve involving the practice
 1876  of architecture which are prepared or approved for the use of
 1877  the business organization corporation, limited liability
 1878  company, or partnership and filed for public record within the
 1879  state must shall bear 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 other
 1883  papers or documents prepared or approved for the use of the
 1884  corporation, limited liability company, or partnership by an
 1885  interior designer in her or his professional capacity and filed
 1886  for public record within the state shall bear the signature and
 1887  seal of the licensee who prepared or approved them and the date
 1888  on which they were sealed.
 1889         (6)The department shall issue a certificate of
 1890  authorization to any applicant who the board certifies as
 1891  qualified for a certificate of authorization and who has paid
 1892  the fee set in s. 481.207.
 1893         (5)(7) The board shall allow a licensee or certify an
 1894  applicant to qualify one or more business organizations as
 1895  qualified for a certificate of authorization to offer
 1896  architectural or interior design services, or to use a
 1897  fictitious name to offer such services, if provided 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.; or
 1904         (b)One or more of the principal officers of the
 1905  corporation or one or more partners of the partnership, and all
 1906  personnel of the corporation, limited liability company, or
 1907  partnership who act in its behalf in this state as interior
 1908  designers, are registered as provided by this part.
 1909         (8)The department shall adopt rules establishing a
 1910  procedure for the biennial renewal of certificates of
 1911  authorization.
 1912         (9)The department shall renew a certificate of
 1913  authorization upon receipt of the renewal application and
 1914  biennial renewal fee.
 1915         (6)(10) Each qualifying agent who qualifies a business
 1916  organization partnership, limited liability company, and
 1917  corporation certified under this section shall notify the
 1918  department within 30 days after of any change in the information
 1919  contained in the application upon which the qualification
 1920  certification is based. Any registered architect or interior
 1921  designer who qualifies the business organization shall ensure
 1922  corporation, limited liability company, or partnership as
 1923  provided in subsection (7) shall be responsible for ensuring
 1924  responsible supervising control of projects of the business
 1925  organization entity and shall notify the department of the upon
 1926  termination of her or his employment with a business
 1927  organization qualified partnership, limited liability company,
 1928  or corporation certified under this section shall notify the
 1929  department of the termination within 30 days after such
 1930  termination.
 1931         (7)(11)A business organization is not No corporation,
 1932  limited liability company, or partnership shall be relieved 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 is shall be liable for the professional services
 1938  performed, and the interior designer who signs and seals the
 1939  interior design drawings, plans, or specifications shall be
 1940  liable for the professional services performed.
 1941         (12)Disciplinary action against a corporation, limited
 1942  liability company, or partnership shall be administered in the
 1943  same manner and on the same grounds as disciplinary action
 1944  against a registered architect or interior designer,
 1945  respectively.
 1946         (8)(13)Nothing in This section may not shall be construed
 1947  to mean that a certificate of registration to practice
 1948  architecture or interior design must shall be held by a business
 1949  organization corporation, limited liability company, or
 1950  partnership. Nothing in This section does not prohibit a
 1951  business organization from offering prohibits corporations,
 1952  limited liability companies, and partnerships from joining
 1953  together to offer architectural or, engineering, interior
 1954  design, surveying and mapping, and landscape architectural
 1955  services, or any combination of such services, to the public if
 1956  the business organization, provided that each corporation,
 1957  limited liability company, or partnership otherwise meets the
 1958  requirements of law.
 1959         (14)Corporations, limited liability companies, or
 1960  partnerships holding a valid certificate of authorization to
 1961  practice architecture shall be permitted to use in their title
 1962  the 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 distinctly
 1971  different seals to be used by registered interior designers
 1972  holding valid certificates of registration. Each registered
 1973  interior designer shall obtain a seal as prescribed by the
 1974  board, and all drawings, plans, specifications, or reports
 1975  prepared or issued by the registered interior designer and being
 1976  filed for public record shall bear the signature and seal of the
 1977  registered interior designer who prepared or approved the
 1978  document and the date on which they were sealed. The signature,
 1979  date, and seal shall be evidence of the authenticity of that to
 1980  which they are affixed. Final plans, specifications, or reports
 1981  prepared or issued by a registered interior designer may be
 1982  transmitted electronically and may be signed by the registered
 1983  interior designer, dated, and sealed electronically with the
 1984  seal in accordance with ss. 668.001-668.006.
 1985         (5)No registered interior designer shall affix, or permit
 1986  to be affixed, her or his seal or signature to any plan,
 1987  specification, drawing, or other document which depicts work
 1988  which she or he is not competent or licensed to perform.
 1989         (7)No registered interior designer shall affix her or his
 1990  signature or seal to any plans, specifications, or other
 1991  documents which were not prepared by her or him or under her or
 1992  his responsible supervising control or by another registered
 1993  interior designer and reviewed, approved, or modified and
 1994  adopted by her or him as her or his own work according to rules
 1995  adopted by the board.
 1996         (9)Studies, drawings, specifications, and other related
 1997  documents prepared by a registered interior designer in
 1998  providing interior design services shall be of a sufficiently
 1999  high standard to clearly and accurately indicate all essential
 2000  parts of the work to which they refer.
 2001         (6)(10) Each registered architect must or interior
 2002  designer, and each corporation, limited liability company, or
 2003  partnership holding a certificate of authorization, shall
 2004  include her or his license its certificate number in any
 2005  newspaper, telephone directory, or other advertising medium used
 2006  by the registered licensee architect, interior designer,
 2007  corporation, 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  organization A corporation, limited liability company, or
 2015  partnership is not required to display the certificate number of
 2016  individual registered architects or interior designers employed
 2017  by or working within the corporation, limited liability company,
 2018  or partnership.
 2019         (7)(11) When the certificate of registration of a
 2020  registered architect or interior designer has been revoked or
 2021  suspended by the board, the registered architect or interior
 2022  designer shall 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 architect or interior designer has 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 architect or interior designer whose
 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’s or interior
 2037  designer’s electronic signature in accordance with ss. 668.001
 2038  668.006. When a registered architect’s or interior designer’s
 2039  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  Architecture and Interior Design rather 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 a
 2073  registered interior designer unless otherwise exempted herein;
 2074  however, an interior designer who has been licensed by the board
 2075  and who chooses to relinquish or not to renew his or her license
 2076  may use the title “Interior Designer, Retired” but may not
 2077  otherwise render any interior design services.
 2078         (b)(c) Use the name or title “architect,or “registered
 2079  architect,” or “interior designer” or “registered interior
 2080  designer,” 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 architect or interior
 2086  designer license that has been suspended, revoked, or placed on
 2087  inactive or delinquent status.
 2088         (f)(g) Employ unlicensed persons to practice architecture
 2089  or 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 a
 2116  registered architect or a partnership, limited liability
 2117  company, or corporation holding a valid certificate of
 2118  authorization to provide architectural services from performing
 2119  any interior design service or from using the title “interior
 2120  designer” or “registered interior designer.”
 2121         (b)Notwithstanding any other provision of this part, all
 2122  persons licensed as architects under this part shall be
 2123  qualified for interior design licensure upon submission of a
 2124  completed application for such license and a fee not to exceed
 2125  $30. Such persons shall be exempt from the requirements of s.
 2126  481.209(2). For architects licensed as interior designers,
 2127  satisfaction of the requirements for renewal of licensure as an
 2128  architect under s. 481.215 shall be deemed to satisfy the
 2129  requirements for renewal of licensure as an interior designer
 2130  under that section. Complaint processing, investigation, or
 2131  other discipline-related legal costs related to persons licensed
 2132  as interior designers under this paragraph shall be assessed
 2133  against the architects’ account of the Regulatory Trust Fund.
 2134         (c)Notwithstanding any other provision of this part, any
 2135  corporation, partnership, or person operating under a fictitious
 2136  name which holds a certificate of authorization to provide
 2137  architectural services shall be qualified, without fee, for a
 2138  certificate of authorization to provide interior design services
 2139  upon submission of a completed application therefor. For
 2140  corporations, partnerships, and persons operating under a
 2141  fictitious name which hold a certificate of authorization to
 2142  provide interior design services, satisfaction of the
 2143  requirements for renewal of the certificate of authorization to
 2144  provide architectural services under s. 481.219 shall be deemed
 2145  to satisfy the requirements for renewal of the certificate of
 2146  authorization to provide interior design services under that
 2147  section.
 2148         (6)This part shall not apply to:
 2149         (a)A person who performs interior design services or
 2150  interior decorator services for any residential application,
 2151  provided that such person does not advertise as, or represent
 2152  himself or herself as, an interior designer. For purposes of
 2153  this paragraph, “residential applications” includes all types of
 2154  residences, including, but not limited to, residence buildings,
 2155  single-family homes, multifamily homes, townhouses, apartments,
 2156  condominiums, and domestic outbuildings appurtenant to one
 2157  family or two-family residences. However, “residential
 2158  applications” does not include common areas associated with
 2159  instances of multiple-unit dwelling applications.
 2160         (b)An employee of a retail establishment providing
 2161  “interior decorator services” on the premises of the retail
 2162  establishment or in the furtherance of a retail sale or
 2163  prospective retail sale, provided that such employee does not
 2164  advertise as, or represent himself or herself as, an interior
 2165  designer.
 2166         (7)Nothing in this part shall be construed as authorizing
 2167  or permitting an interior designer to engage in the business of,
 2168  or to act as, a contractor within the meaning of chapter 489,
 2169  unless registered or certified as a contractor pursuant to
 2170  chapter 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 architect or 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, interior
 2188  design, 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 in This part does not shall be construed to
 2195  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  architects or registered interior designers, than the provisions
 2200  of this part; provided, however, that a licensed architect shall
 2201  be deemed licensed as an interior designer for purposes of
 2202  offering or rendering interior design services to a county,
 2203  municipality, or other local government or political
 2204  subdivision.
 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 issued
 2215  by the department to a corporation or partnership to engage in
 2216  the 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; or
 2278         (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 certificate
 2296  of authorization any applicant corporation or partnership who
 2297  satisfies 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 set
 2302  in s. 481.307, the department shall grant a temporary
 2303  certificate of authorization for work on one specified project
 2304  in this state for a period not to exceed 1 year to an out-of
 2305  state corporation, partnership, or firm, provided one of the
 2306  principal officers of the corporation, one of the partners of
 2307  the partnership, or one of the principals in the fictitiously
 2308  named firm has obtained a temporary certificate of registration
 2309  in 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; and
 2331         (c)The corporation or partnership has been issued a
 2332  certificate 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 a An applicant corporation must shall file 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 a An applicant partnership must shall
 2347  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
 2355  and corporation licensed under this part must shall notify the
 2356  department within 1 month after of any change in the information
 2357  contained in the application upon which the license is based.
 2358  Any landscape architect who terminates her or his or her
 2359  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 or
 2363  partnership shall be administered in the same manner and on the
 2364  same grounds as disciplinary action against a registered
 2365  landscape 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 his or her professional 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 must and each
 2375  corporation or partnership holding a certificate of
 2376  authorization shall include her or his its certificate 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 must is not required
 2380  to display the certificate number numbers of at least one
 2381  officer, director, owner, or partner who is a individual
 2382  registered landscape architect architects employed 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
 2389  481.303(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  $1,000 for 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 passed take the 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 passed take the 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 passed take the 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  passed take the 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
 2478  take the 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
 2484  take the 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
 2490  take the 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
 2496  take the 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
 2502  take the 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 passed take the 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; or
 2545         (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; or
 2569         (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 7 14
 2587  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 7 14 classroom hours of continuing education
 2596  required, at least 1 hour 7 hours must 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  may should not 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 not
 2645  exceed $350 and the fee for renewal of the certificate shall not
 2646  exceed $350.
 2647         (5)(6) The fee for reactivation of an inactive license may
 2648  shall not exceed $50.
 2649         (6)(7) The fee for a provisional license may shall not
 2650  exceed $400.
 2651         (7)(8) The fee for application, examination, and licensure
 2652  for a license by endorsement is shall be as 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, if provided that:
 2697         (1) At all times that it offers geological services to the
 2698  public, the firm, corporation, or partnership is qualified by
 2699  has on file with the department the name and license number of
 2700  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 of
 2711  the firm, corporation, or partnership and The geologist of
 2712  record shall to notify 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 a
 2716  certificate of authorization by the department as provided in
 2717  this chapter. For purposes of this section, a certificate of
 2718  authorization shall be required of any firm, corporation,
 2719  partnership, association, or person practicing under a
 2720  fictitious name and offering geological services to the public;
 2721  except that, when an individual is practicing professional
 2722  geology in her or his own name, she or he shall not be required
 2723  to obtain a certificate of authorization under this section.
 2724  Such certificate of authorization shall be renewed every 2
 2725  years.
 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 a
 2755  certificate of authorization shall file with the department an
 2756  application therefor, upon a form to be prescribed by the
 2757  department, accompanied by the required application fee.
 2758         (6)The department may refuse to issue a certificate of
 2759  authorization if any facts exist which would entitle the
 2760  department to suspend or revoke an existing certificate of
 2761  authorization or if the department, after giving persons
 2762  involved a full and fair hearing, determines that any of the
 2763  officers or directors of said firm or corporation, or partners
 2764  of 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 geologist or business upon
 2770  certification by the board that the disciplined person has
 2771  complied with all of the 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 practicing holding
 2779  certificates of authorization to practice professional geology
 2780  in the state shall be prepared annually by the department. A
 2781  copy of this roster must be made available to shall be
 2782  obtainable by each licensed professional geologist and each
 2783  firm, corporation, or partnership qualified by a professional
 2784  geologist holding 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 Certification licensed 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 17 27 members, 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 access registered to
 2851  practice in this state and actively engaged in the profession.
 2852  The American Institute of Architects, Florida Section, is
 2853  encouraged 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 or
 2872  technology who is actively engaged in the profession. The
 2873  Florida Chapter of the Society of Fire Protection Engineers and
 2874  the Florida Fire Marshals and Inspectors Association are
 2875  encouraged 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 Financial
 2903  Services.
 2904         (l)One member who is a county codes enforcement official.
 2905  The Building Officials Association of Florida is encouraged to
 2906  recommend 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 to
 2919  practice in this state and actively engaged in the profession.
 2920  The Florida Engineering Society is encouraged to recommend a
 2921  list of candidates for consideration.
 2922         (p)One member who is a representative of a municipality or
 2923  a charter county. The Florida League of Cities and the Florida
 2924  Association of Counties are encouraged to recommend a list of
 2925  candidates 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 building
 2933  owners and managers industry who is actively engaged in
 2934  commercial building ownership or management. The Building Owners
 2935  and Managers Association is encouraged to recommend a list of
 2936  candidates 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 green
 2947  building industry and who is a third-party commission agent, a
 2948  Florida board member of the United States Green Building Council
 2949  or Green Building Initiative, a professional who is accredited
 2950  under the International Green Construction Code (IGCC), or a
 2951  professional who is accredited under Leadership in Energy and
 2952  Environmental 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 of
 2959  Agriculture and Consumer Services’ Office of Energy. The
 2960  Commissioner of Agriculture is encouraged to recommend a list of
 2961  candidates 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
 2970  Architecture and Interior Design’s list 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 is licensed in this state as an architect, interior
 2980  designer, 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 qualified certified under s. 471.023 to practice or
 3001  to offer to practice engineering; qualified certified under s.
 3002  481.219 to practice or to offer to practice architecture; or
 3003  qualified certified under 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  qualified who holds a current certificate of registration under
 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  

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