Bill Text: FL S1640 | 2019 | Regular Session | Comm Sub
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-Comm_Sub.html
Bill Title: Deregulation of Professions and Occupations
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-03 - Died on Calendar, companion bill(s) passed, see CS/CS/HB 827 (Ch. 2019-86) [S1640 Detail]
Download: Florida-2019-S1640-Comm_Sub.html
Florida Senate - 2019 CS for CS for SB 1640 By the Committees on Commerce and Tourism; and Innovation, Industry, and Technology; and Senator Albritton 577-04017-19 20191640c2 1 A bill to be entitled 2 An act relating to the deregulation of professions and 3 occupations; amending s. 326.004, F.S.; deleting the 4 requirement for a yacht broker to maintain a separate 5 license for each branch office; deleting the 6 requirement for the division to establish a fee; 7 amending s. 447.02, F.S.; conforming provisions to 8 changes made by the act; repealing s. 447.04, F.S., 9 relating to licensure and permit requirements for 10 business agents; repealing s. 447.041, F.S., relating 11 to hearings for persons or labor organizations denied 12 licensure as a business agent; repealing s. 447.045, 13 F.S., relating to confidential information obtained 14 during the application process; repealing s. 447.06, 15 F.S., relating to required registration of labor 16 organizations; amending s. 447.09, F.S.; deleting 17 certain prohibited actions relating to the right of 18 franchise of a member of a labor organization; 19 repealing s. 447.12, F.S., relating to registration 20 fees; repealing s. 447.16, F.S., relating to 21 applicability; amending s. 447.305, F.S.; deleting a 22 provision that requires notification of registrations 23 and renewals to the department; amending s. 455.213, 24 F.S.; requiring the Department of Business and 25 Professional Regulation or a board to seek reciprocal 26 licensing agreements with other states under certain 27 circumstances; providing requirements; requiring the 28 department, in consultation with applicable 29 professional boards and the Department of Education, 30 to conduct a specified review of certain 31 apprenticeship programs; requiring the Department of 32 Business and Professional Regulation to submit a 33 report to the Governor and the Legislature by a 34 specified date; amending s. 468.385, F.S.; revising 35 requirements relating to businesses auctioning or 36 offering to auction property in this state; amending 37 s. 468.401, F.S.; redefining the term “talent agency”; 38 amending s. 468.408, F.S.; conforming provisions to 39 changes made by the act; amending s. 468.412, F.S.; 40 requiring employees of talent agencies to complete 41 level 1 background screenings; amending s. 468.415, 42 F.S.; prohibiting any agent, owner, or operator who 43 commits sexual misconduct in the operation of a talent 44 agency from acting as an agent, owner, or operator of 45 a Florida talent agency; amending s. 468.524, F.S.; 46 deleting specified exemptions from the time 47 restriction for an employee leasing company to reapply 48 for licensure; amending s. 468.613, F.S.; providing 49 for waiver of specified requirements for certification 50 under certain circumstances; amending s. 468.8314, 51 F.S.; requiring an applicant for a license by 52 endorsement to maintain a specified insurance policy; 53 requiring the department to certify an applicant who 54 holds a specified license issued by another state or 55 territory of the United States under certain 56 circumstances; amending s. 468.8414, F.S.; providing 57 additional licensure requirements for mold 58 remediators; amending s. 469.006, F.S.; providing 59 additional licensure requirements for asbestos 60 abatement consulting or contracting as a partnership, 61 corporation, business trust, or other legal entity; 62 amending s. 469.009, F.S.; conforming provisions to 63 changes made by the act; amending s. 471.005, F.S.; 64 revising definitions; amending s. 471.011, F.S.; 65 conforming a provision to changes made by the act; 66 amending s. 471.015, F.S.; revising licensure 67 requirements for engineers who hold specified licenses 68 in another state; amending s. 471.023, F.S.; providing 69 requirements for qualification of a business 70 organization; providing requirements for a qualifying 71 agent; deleting the administration of disciplinary 72 action against a business organization; amending s. 73 473.308, F.S.; deleting continuing education 74 requirements for license by endorsement for certified 75 public accountants; amending s. 474.202, F.S.; 76 revising the definition of the term “limited-service 77 veterinary medical practice” to include certain 78 vaccinations or immunizations; amending s. 474.207, 79 F.S.; revising education requirements for licensure by 80 examination; amending s. 474.217, F.S.; requiring the 81 Department of Business and Professional Regulation to 82 issue a license by endorsement to certain applicants 83 who successfully complete a specified examination; 84 amending s. 476.144, F.S.; requiring the department to 85 license an applicant who is licensed to practice 86 barbering in another state; amending s. 477.013, F.S.; 87 revising the definition of the term “hair braiding”; 88 repealing s. 477.0132, F.S., relating to registration 89 for hair braiding, hair wrapping, and body wrapping; 90 amending s. 477.0135, F.S.; providing additional 91 exemptions from license or registration requirements 92 for specified occupations or practices; amending s. 93 477.019, F.S.; conforming provisions to changes made 94 by the act; amending s. 477.026, F.S.; conforming 95 provisions to changes made by the act; amending s. 96 477.0263, F.S.; providing certain cosmetology services 97 may be performed in a location other than a licensed 98 salon under certain circumstances; amending ss. 99 477.0265 and 477.029, F.S.; conforming provisions to 100 changes made by the act; amending s. 481.203, F.S.; 101 revising definitions; amending s. 481.215, F.S.; 102 conforming provisions to changes made by the act; 103 revising requirements relating to the renewal of an 104 interior designer license; specifying that the Board 105 of Architecture and Interior Design shall only approve 106 certain continuing education; providing exceptions; 107 amending s. 481.219, F.S.; conforming provisions to 108 changes made by the act; requiring certain licensees 109 and applicants to qualify a business organization upon 110 approval of the board; providing requirements for 111 business organizations engaging in the practice of 112 architecture or interior design and for the qualifying 113 agents of such business organizations; revising 114 construction; amending s. 481.221, F.S.; conforming 115 provisions to changes made by the act; requiring a 116 registered architect, an interior designer, and a 117 business organization to display certain license 118 numbers in specified advertisements; providing an 119 exception; amending s. 481.229, F.S.; conforming 120 provisions to changes made by the act; amending s. 121 481.303, F.S.; deleting the definition of the term 122 “certificate of authorization”; amending s. 481.310, 123 F.S.; providing that an applicant who holds certain 124 degrees is not required to demonstrate 1 year of 125 practical experience for licensure; amending s. 126 481.311, F.S.; requiring the Board of Landscape 127 Architecture to certify an applicant who holds a 128 specified license issued by another state or territory 129 of the United States under certain circumstances; 130 conforming provisions to changes made by the act; 131 amending s. 481.317, F.S.; conforming provisions to 132 changes made by the act; amending s. 481.319, F.S.; 133 deleting the requirement for a certificate of 134 authorization; authorizing landscape architects to 135 practice through a corporation or partnership; 136 amending s. 481.321, F.S.; requiring a landscape 137 architect to display their certificate number in 138 specified advertisements; amending s. 481.329, F.S.; 139 conforming a cross-reference; amending s. 489.103, 140 F.S.; revising certain contract prices for exemption; 141 amending s. 489.111, F.S.; revising provisions 142 relating to eligibility for licensure; amending s. 143 489.115, F.S.; requiring the Construction Industry 144 Licensing Board to certify any applicant who holds a 145 specified license to practice contracting issued by 146 another state or territory of the United States under 147 certain circumstances; amending s. 489.511, F.S.; 148 requiring the board to certify as qualified for 149 certification by endorsement any applicant who holds a 150 specified license to practice electrical or alarm 151 system contracting issued by another state or 152 territory of the United States under certain 153 circumstances; amending s. 489.517, F.S.; providing a 154 reduction in certain continuing education hours 155 required for registered contractors; amending s. 156 489.518, F.S.; requiring a person to have completed a 157 specified amount of training within a certain time 158 period to perform the duties of an alarm system agent; 159 amending s. 492.104, F.S.; conforming provisions to 160 changes made by the act; amending s. 492.108, F.S.; 161 requiring the department to issue a license by 162 endorsement to any applicant who has held a specified 163 license to practice geology in another state, trust, 164 territory, or possession of the United States for a 165 certain period of time; providing that an applicant 166 may take the examination required by the board if they 167 have not met the specified examination requirement; 168 amending s. 492.111, F.S.; deleting the requirements 169 for a certificate of authorization for a professional 170 geologist; amending ss. 492.113 and 492.115, F.S.; 171 conforming provisions to changes made by the act; 172 amending s. 548.003, F.S.; deleting the requirement 173 that the Florida State Boxing Commission adopt rules 174 relating to a knockdown timekeeper; amending s. 175 548.017, F.S.; deleting the licensure requirement for 176 a timekeeper or an announcer; amending s. 553.74, 177 F.S.; revising the membership and qualifications of 178 the Florida Building Commission; amending ss. 559.25 179 and 287.055, F.S.; conforming provisions to changes 180 made by the act; providing effective dates. 181 182 Be It Enacted by the Legislature of the State of Florida: 183 184 Section 1. Subsection (13) of section 326.004, Florida 185 Statutes, is amended to read: 186 326.004 Licensing.— 187 (13) Each broker must maintain a principal place of 188 business in this state and may establish branch offices in the 189 state.A separate license must be maintained for each branch190office. The division shall establish by rule a fee not to exceed191$100 for each branch office license.192 Section 2. Subsection (3) of section 447.02, Florida 193 Statutes, is amended to read: 194 447.02 Definitions.—The following terms, when used in this 195 chapter, shall have the meanings ascribed to them in this 196 section: 197(3)The term “department” means the Department of Business198and Professional Regulation.199 Section 3. Section 447.04, Florida Statutes, is repealed. 200 Section 4. Section 447.041, Florida Statutes, is repealed. 201 Section 5. Section 447.045, Florida Statutes, is repealed. 202 Section 6. Section 447.06, Florida Statutes, is repealed. 203 Section 7. Subsections (6) and (8) of section 447.09, 204 Florida Statutes, are amended to read: 205 447.09 Right of franchise preserved; penalties.—It shall be 206 unlawful for any person: 207(6)To act as a business agent without having obtained and208possessing a valid and subsisting license or permit.209(8)To make any false statement in an application for a210license.211 Section 8. Section 447.12, Florida Statutes, is repealed. 212 Section 9. Section 447.16, Florida Statutes, is repealed. 213 Section 10. Subsection (4) of section 447.305, Florida 214 Statutes, is amended to read: 215 447.305 Registration of employee organization.— 216(4)Notification of registrations and renewals of217registration shall be furnished at regular intervals by the218commission to the Department of Business and Professional219Regulation.220 Section 11. Subsections (13) and (14) are added to section 221 455.213, Florida Statutes, to read: 222 455.213 General licensing provisions.— 223 (13) The department or a board must enter into a reciprocal 224 licensing agreement with other states if the practice act within 225 the purview of this chapter permits such agreement. If a 226 reciprocal licensing agreement exists or if the department or 227 board has determined another state’s licensing requirements or 228 examinations to be substantially equivalent or more stringent to 229 those under the practice act, the department or board must post 230 on its website which jurisdictions have such reciprocal 231 licensing agreements or substantially similar licenses. 232 (14) Notwithstanding any other law, the department, in 233 consultation with the applicable board and the Department of 234 Education, shall conduct a review of existing apprenticeship 235 programs registered under chapter 446 or with the United States 236 Department of Labor for each of the professions licensed under 237 parts XV and XVI of chapter 468 and chapters 476, 477, and 489 238 to determine which programs, if completed by an applicant, could 239 substitute for the required educational training otherwise 240 required for licensure. The department shall submit a report of 241 its findings and recommendations to the Governor, the President 242 of the Senate, and the Speaker of the House of Representatives 243 by December 31, 2019. 244 Section 12. Paragraph (b) of subsection (7) of section 245 468.385, Florida Statutes, is amended to read: 246 468.385 Licenses required; qualifications; examination.— 247 (7) 248 (b) ANobusiness may notshallauction or offer to auction 249 any property in this state unless it is owned by an auctioneer 250 who is licensedas an auction businessby the departmentboard251 or is exempt from licensure under this act. Each application for 252 licensure mustshallinclude the names of the owner and the 253 business, the business mailing address and location, and any 254 other information which the board may require. The owner of an 255 auction business shall report to the board within 30 days of any 256 change in this required information. 257 Section 13. Subsection (1) of section 468.401, Florida 258 Statutes, is amended to read: 259 468.401 Regulation of talent agencies; definitions.—As used 260 in this part or any rule adopted pursuant hereto: 261 (1) “Talent agency” means any person who, for compensation, 262 engages in the occupation or business of procuring or attempting 263 to procure engagements for an artist who is younger than 18 264 years of age. 265 Section 14. Subsection (1) of section 468.408, Florida 266 Statutes, is amended to read: 267 468.408 Bond required.— 268 (1) An owner or operator of aThere shall be filed with the269department for eachtalent agency shall filelicensea bond in 270 the form of a surety by a reputable company engaged in the 271 bonding business and authorized to do business in this state. 272 The bond shall be for the penal sum of $5,000, with one or more 273 sureties to be approved by the department, and be conditioned 274 that the owner or operator of the talent agencyapplicant275 conform to and not violate any of the duties, terms, conditions, 276 provisions, or requirements of this part. 277 (a) If any person is aggrieved by the misconduct of any 278 talent agency, the person may maintain an action in his or her 279 own name upon the bond of the agency in any court having 280 jurisdiction of the amount claimed. All such claims shall be 281 assignable, and the assignee shall be entitled to the same 282 remedies, upon the bond of the agency or otherwise, as the 283 person aggrieved would have been entitled to if such claim had 284 not been assigned. Any claim or claims so assigned may be 285 enforced in the name of such assignee. 286 (b) The bonding company shall notify the department of any 287 claim against such bond, and a copy of such notice shall be sent 288 to the talent agency against which the claim is made. 289 Section 15. Subsection (12) is added to section 468.412, 290 Florida Statutes, to read: 291 468.412 Talent agency regulations; prohibited acts.— 292 (12) Each employee of a talent agency must complete a level 293 1 background screening pursuant to s. 435.03. 294 Section 16. Section 468.415, Florida Statutes, is amended 295 to read: 296 468.415 Sexual misconduct in the operation of a talent 297 agency.—The talent agent-artist relationship is founded on 298 mutual trust. Sexual misconduct in the operation of a talent 299 agency means violation of the talent agent-artist relationship 300 through which the talent agent uses the relationship to induce 301 or attempt to induce the artist to engage or attempt to engage 302 in sexual activity. Sexual misconduct is prohibited in the 303 operation of a talent agency.IfAny agent, owner, or operator 304 of alicensedtalent agency who commitsis found to have305committedsexual misconduct in the operation of a talent agency,306the agency license shall be permanently revoked. Such agent,307owner, or operatorshall be permanently prohibited from acting 308disqualified from present and future licensureas an agent, 309 owner, or operator of a Florida talent agency. 310 Section 17. Subsection (4) of section 468.524, Florida 311 Statutes, is amended to read: 312 468.524 Application for license.— 313 (4) AAn applicant orlicensee is ineligible to reapply for 314 a license for a period of 1 year following final agency action 315 on thedenial orrevocation of a licenseapplied for orissued 316 under this part. This time restriction does not apply to 317 administrativedenials orrevocations entered because: 318 (a) Theapplicant orlicensee has made an inadvertent error 319 or omission on the application; 320 (b) The experience documented to the board was insufficient 321 at the time of the previous application; or 322(c)The department is unable to complete the criminal323background investigation because of insufficient information324from the Florida Department of Law Enforcement, the Federal325Bureau of Investigation, or any other applicable law enforcement326agency;327 (c)(d)Theapplicant orlicensee has failed to submit 328 required fees.; or329(e)An applicant or licensed employee leasing company has330been deemed ineligible for a license because of the lack of good331moral character of an individual or individuals when such332individual or individuals are no longer employed in a capacity333that would require their licensing under this part.334 Section 18. Section 468.613, Florida Statutes, is amended 335 to read: 336 468.613 Certification by endorsement.—The board shall 337 examine other certification or training programs, as applicable, 338 upon submission to the board for its consideration of an 339 application for certification by endorsement. The board shall 340 waive its examination, qualification, education, or training 341 requirements, to the extent that such examination, 342 qualification, education, or training requirements of the 343 applicant are determined by the board to be comparable with 344 those established by the board. The board shall waive its 345 examination, qualification, education, or training requirements 346 if an applicant for certification by endorsement is at least 18 347 years of age; is of good moral character; has held a valid 348 building administrator, inspector, plans examiner, or the 349 equivalent, certification issued by another state or territory 350 of the United States for at least 10 years before the date of 351 application; and has successfully passed an applicable 352 examination administered by the International Codes Council. 353 Section 19. Subsection (3) of section 468.8314, Florida 354 Statutes, is amended to read: 355 468.8314 Licensure.— 356 (3) The department shall certify as qualified for a license 357 by endorsement an applicant who is of good moral character as 358 determined in s. 468.8313, who maintains an insurance policy as 359 required by s. 468.8322, and who:;360 (a) Holds a valid license to practice home inspection 361 services in another state or territory of the United States, 362 whose educational requirements are substantially equivalent to 363 those required by this part; and has passed a national, 364 regional, state, or territorial licensing examination that is 365 substantially equivalent to the examination required by this 366 part; or 367 (b) Has held a valid license to practice home inspection 368 services issued by another state or territory of the United 369 States for at least 10 years before the date of application. 370 Section 20. Subsection (3) of section 468.8414, Florida 371 Statutes, is amended to read: 372 468.8414 Licensure.— 373 (3) The department shall certify as qualified for a license 374 by endorsement an applicant who is of good moral character, who 375 has the insurance coverage required under s. 468.8421, and who: 376 (a) Is qualified to take the examination as set forth in s. 377 468.8413 and has passed a certification examination offered by a 378 nationally recognized organization that certifies persons in the 379 specialty of mold assessment or mold remediation that has been 380 approved by the department as substantially equivalent to the 381 requirements of this part and s. 455.217;or382 (b) Holds a valid license to practice mold assessment or 383 mold remediation issued by another state or territory of the 384 United States if the criteria for issuance of the license were 385 substantially the same as the licensure criteria that is 386 established by this part as determined by the department; or 387 (c) Has held a valid license to practice as a mold assessor 388 or a mold remediator issued by another state or territory of the 389 United States for at least 10 years before the date of 390 application. 391 Section 21. Paragraphs (a) and (e) of subsection (2), 392 subsection (3), paragraph (b) of subsection (4), and subsection 393 (6) of section 469.006, Florida Statutes, are amended to read: 394 469.006 Licensure of business organizations; qualifying 395 agents.— 396 (2)(a) If the applicant proposes to engage in consulting or 397 contracting as a partnership, corporation, business trust, or 398 other legal entity, or in any name other than the applicant’s 399 legal name, thelegal entity must apply for licensure through a400qualifying agent or theindividual applicant must qualifyapply401for licensure underthe business organizationfictitious name. 402 (e) AThelicense, when issued upon application of a403business organization,must be in the name of the qualifying 404 agentbusiness organization, and the name of the business 405 organizationqualifying agentmust be noted on the license 406thereon. If there is a change in any information that is 407 required to be stated on the application, the qualifying agent 408business organizationshall, within 45 days after such change 409 occurs, mail the correct information to the department. 410 (3) The qualifying agent mustshallbe licensed under this 411 chapter in order for the business organization to be qualified 412licensedin the category of the business conducted for which the 413 qualifying agent is licensed. If any qualifying agent ceases to 414 be affiliated with such business organization, the agent shall 415 so inform the department. In addition, if such qualifying agent 416 is the only licensed individual affiliated with the business 417 organization, the business organization shall notify the 418 department of the termination of the qualifying agent and has 419shall have60 days afterfromthe date of termination of the 420 qualifying agent’s affiliation with the business organizationin421whichto employ another qualifying agent. The business 422 organization may not engage in consulting or contracting until a 423 qualifying agent is employed, unless the department has granted 424 a temporary nonrenewable license to the financially responsible 425 officer, the president, the sole proprietor, a partner, or, in 426 the case of a limited partnership, the general partner, who 427 assumes all responsibilities of a primary qualifying agent for 428 the entity. This temporary license only allowsshall only allow429 the entity to proceed with incomplete contracts. 430 (4) 431 (b) Upon a favorable determination by the department, after 432 investigation of the financial responsibility, credit, and 433 business reputation of the qualifying agent and the new business 434 organization, the department shall issue, without any 435 examination, a new license in the qualifying agent’sbusiness436organization’sname, and the name of the business organization 437qualifying agentshall be noted thereon. 438 (6) Each qualifying agent shall pay the department an 439 amount equal to the original fee for licensureof a new business440organization.if the qualifying agent for a business 441 organization desires to qualify additional business 442 organizations.,The department shall require the agent to 443 present evidence of supervisory ability and financial 444 responsibility of each such organization. Allowing a licensee to 445 qualify more than one business organization mustshallbe 446 conditioned upon the licensee showing that the licensee has both 447 the capacity and intent to adequately supervise each business 448 organization. The department mayshallnot limit the number of 449 business organizations thatwhichthe licensee may qualify 450 except upon the licensee’s failure to provide such information 451 as is required under this subsection or upon a finding that the 452suchinformation or evidenceas issupplied is incomplete or 453 unpersuasive in showing the licensee’s capacity and intent to 454 comply with the requirements of this subsection. A qualification 455 for an additional business organization may be revoked or 456 suspended upon a finding by the department that the licensee has 457 failed in the licensee’s responsibility to adequately supervise 458 the operations of the business organization. Failure to 459 adequately supervise the operations of a business organization 460 isshall begrounds for denial to qualify additional business 461 organizations. 462 Section 22. Subsection (1) of section 469.009, Florida 463 Statutes, is amended to read: 464 469.009 License revocation, suspension, and denial of 465 issuance or renewal.— 466 (1) The department may revoke, suspend, or deny the 467 issuance or renewal of a license; reprimand, censure, or place 468 on probation any contractor, consultant, or financially 469 responsible officer, or business organization; require financial 470 restitution to a consumer; impose an administrative fine not to 471 exceed $5,000 per violation; require continuing education; or 472 assess costs associated with any investigation and prosecution 473 if the contractor or consultant, or business organization or 474 officer or agent thereof, is found guilty of any of the 475 following acts: 476 (a) Willfully or deliberately disregarding or violating the 477 health and safety standards of the Occupational Safety and 478 Health Act of 1970, the Construction Safety Act, the National 479 Emission Standards for Asbestos, the Environmental Protection 480 Agency Asbestos Abatement Projects Worker Protection Rule, the 481 Florida Statutes or rules promulgated thereunder, or any 482 ordinance enacted by a political subdivision of this state. 483 (b) Violating any provision of chapter 455. 484 (c) Failing in any material respect to comply with the 485 provisions of this chapter or any rule promulgated hereunder. 486 (d) Acting in the capacity of an asbestos contractor or 487 asbestos consultant under any license issued under this chapter 488 except in the name of the licensee as set forth on the issued 489 license. 490 (e) Proceeding on any job without obtaining all applicable 491 approvals, authorizations, permits, and inspections. 492 (f) Obtaining a license by fraud or misrepresentation. 493 (g) Being convicted or found guilty of, or entering a plea 494 of nolo contendere to, regardless of adjudication, a crime in 495 any jurisdiction which directly relates to the practice of 496 asbestos consulting or contracting or the ability to practice 497 asbestos consulting or contracting. 498 (h) Knowingly violating any building code, lifesafety code, 499 or county or municipal ordinance relating to the practice of 500 asbestos consulting or contracting. 501 (i) Performing any act which assists a person or entity in 502 engaging in the prohibited unlicensed practice of asbestos 503 consulting or contracting, if the licensee knows or has 504 reasonable grounds to know that the person or entity was 505 unlicensed. 506 (j) Committing mismanagement or misconduct in the practice 507 of contracting that causes financial harm to a customer. 508 Financial mismanagement or misconduct occurs when: 509 1. Valid liens have been recorded against the property of a 510 contractor’s customer for supplies or services ordered by the 511 contractor for the customer’s job; the contractor has received 512 funds from the customer to pay for the supplies or services; and 513 the contractor has not had the liens removed from the property, 514 by payment or by bond, within 75 days after the date of such 515 liens; 516 2. The contractor has abandoned a customer’s job and the 517 percentage of completion is less than the percentage of the 518 total contract price paid to the contractor as of the time of 519 abandonment, unless the contractor is entitled to retain such 520 funds under the terms of the contract or refunds the excess 521 funds within 30 days after the date the job is abandoned; or 522 3. The contractor’s job has been completed, and it is shown 523 that the customer has had to pay more for the contracted job 524 than the original contract price, as adjusted for subsequent 525 change orders, unless such increase in cost was the result of 526 circumstances beyond the control of the contractor, was the 527 result of circumstances caused by the customer, or was otherwise 528 permitted by the terms of the contract between the contractor 529 and the customer. 530 (k) Being disciplined by any municipality or county for an 531 act or violation of this chapter. 532 (l) Failing in any material respect to comply with the 533 provisions of this chapter, or violating a rule or lawful order 534 of the department. 535 (m) Abandoning an asbestos abatement project in which the 536 asbestos contractor is engaged or under contract as a 537 contractor. A project may be presumed abandoned after 20 days if 538 the contractor terminates the project without just cause and 539 without proper notification to the owner, including the reason 540 for termination; if the contractor fails to reasonably secure 541 the project to safeguard the public while work is stopped; or if 542 the contractor fails to perform work without just cause for 20 543 days. 544 (n) Signing a statement with respect to a project or 545 contract falsely indicating that the work is bonded; falsely 546 indicating that payment has been made for all subcontracted 547 work, labor, and materials which results in a financial loss to 548 the owner, purchaser, or contractor; or falsely indicating that 549 workers’ compensation and public liability insurance are 550 provided. 551 (o) Committing fraud or deceit in the practice of asbestos 552 consulting or contracting. 553 (p) Committing incompetency or misconduct in the practice 554 of asbestos consulting or contracting. 555 (q) Committing gross negligence, repeated negligence, or 556 negligence resulting in a significant danger to life or property 557 in the practice of asbestos consulting or contracting. 558 (r) Intimidating, threatening, coercing, or otherwise 559 discouraging the service of a notice to owner under part I of 560 chapter 713 or a notice to contractor under chapter 255 or part 561 I of chapter 713. 562 (s) Failing to satisfy, within a reasonable time, the terms 563 of a civil judgment obtained against the licensee, or the 564 business organization qualified by the licensee, relating to the 565 practice of the licensee’s profession. 566 567 For the purposes of this subsection, construction is considered 568 to be commenced when the contract is executed and the contractor 569 has accepted funds from the customer or lender. 570 Section 23. Subsection (13) of section 471.005, Florida 571 Statutes, is renumbered as subsection (3), and present 572 subsection (3) and subsection (8) of that section are amended to 573 read: 574 471.005 Definitions.—As used in this chapter, the term: 575(3)“Certificate of authorization” means a license to576practice engineering issued by the management corporation to a577corporation or partnership.578 (8) “License” means the licensing of engineersor579certification of businessesto practice engineering in this 580 state. 581 Section 24. Subsection (4) of section 471.011, Florida 582 Statutes, is amended to read: 583 471.011 Fees.— 584(4)The fee for a certificate of authorization shall not585exceed $125.586 Section 25. Subsection (5) of section 471.015, Florida 587 Statutes, is amended to read: 588 471.015 Licensure.— 589 (5)(a) The board shall deem that an applicant who seeks 590 licensure by endorsement has passed an examination substantially 591 equivalent to the fundamentals examination when such applicant 592 has held a valid professional engineer’s license in another 593 state for 1015yearsand has had 20 years of continuous594professional-level engineering experience. 595 (b) The board shall deem that an applicant who seeks 596 licensure by endorsement has passed an examination substantially 597 equivalent to the fundamentals examination and the principles 598 and practices examination when such applicant has held a valid 599 professional engineer’s license in another state for 1525years 600and has had 30 years of continuous professional-level601engineering experience. 602 Section 26. Section 471.023, Florida Statutes, is amended 603 to read: 604 471.023 QualificationCertificationof business 605 organizations.— 606 (1) The practice of, or the offer to practice, engineering 607 by licensees or offering engineering services to the public 608 through a business organization, including a partnership, 609 corporation, business trust, or other legal entity or by a 610 business organization, including a corporation, partnership, 611 business trust, or other legal entity offering such services to 612 the public through licensees under this chapter as agents, 613 employees, officers, or partners is permitted only if the 614 business organization is qualified by an engineer licensed under 615 this chapterpossesses a certification issued by the management616corporation pursuant to qualification by the board, subject to 617 the provisions of this chapter. One or more of the principal 618 officers of the business organization or one or more partners of 619 the partnership and all personnel of the business organization 620 who act in its behalf as engineers in this state shall be 621 licensed as provided by this chapter. All final drawings, 622 specifications, plans, reports, or documents involving practices 623 licensed under this chapter which are prepared or approved for 624 the use of the business organization or for public record within 625 the state shall be dated and shall bear the signature and seal 626 of the licensee who prepared or approved them. Nothing in this 627 section shall be construed to mean that a license to practice 628 engineering shall be held by a business organization. Nothing 629 herein prohibits business organizations from joining together to 630 offer engineering services to the public, if each business 631 organization otherwise meets the requirements of this section. 632 No business organization shall be relieved of responsibility for 633 the conduct or acts of its agents, employees, or officers by 634 reason of its compliance with this section, nor shall any 635 individual practicing engineering be relieved of responsibility 636 for professional services performed by reason of his or her 637 employment or relationship with a business organization. 638 (2) For the purposes of this section, acertificate of639authorization shall be required for anybusiness organization or 640 other person practicing under a fictitious name, offering 641 engineering services to the public must be qualified by an 642 engineer licensed under this chapter.However, when an643individual is practicing engineering in his or her own given644name, he or she shall not be required to be licensed under this645section.646 (3) Except as provided in s. 558.0035, the fact that a 647 licensed engineer practices through a business organization does 648 not relieve the licensee from personal liability for negligence, 649 misconduct, or wrongful acts committed by him or her. 650 Partnerships and all partners shall be jointly and severally 651 liable for the negligence, misconduct, or wrongful acts 652 committed by their agents, employees, or partners while acting 653 in a professional capacity. Any officer, agent, or employee of a 654 business organization other than a partnership shall be 655 personally liable and accountable only for negligent acts, 656 wrongful acts, or misconduct committed by him or her or 657 committed by any person under his or her direct supervision and 658 control, while rendering professional services on behalf of the 659 business organization. The personal liability of a shareholder 660 or owner of a business organization, in his or her capacity as 661 shareholder or owner, shall be no greater than that of a 662 shareholder-employee of a corporation incorporated under chapter 663 607. The business organization shall be liable up to the full 664 value of its property for any negligent acts, wrongful acts, or 665 misconduct committed by any of its officers, agents, or 666 employees while they are engaged on its behalf in the rendering 667 of professional services. 668 (4)Each certification of authorization shall be renewed669every 2 years.Each qualifying agent of a business organization 670 qualifiedcertifiedunder this section must notify the board 671 within 30 days1 monthafter any change in the information 672 contained in the application upon which the certification is 673 based. 674 (a) A qualifying agent who terminates an affiliation with a 675 qualified business organization shall notify the management 676 corporation of such termination within 24 hours. If such 677 qualifying agent is the only qualifying agent for that business 678 organization, the business organization must be qualified by 679 another qualifying agent within 60 days after the termination. 680 Except as provided in paragraph (b), the business organization 681 may not engage in the practice of engineering until it is 682 qualified by another qualifying agent. 683 (b) In the event a qualifying agent ceases employment with 684 a qualified business organization and such qualifying agent is 685 the only licensed individual affiliated with the business 686 organization, the executive director of the management 687 corporation or the chair of the board may authorize another 688 licensee employed by the business organization to temporarily 689 serve as its qualifying agent for a period of no more than 60 690 days to proceed with incomplete contracts. The business 691 organization is not authorized to operate beyond such period 692 under this chapter absent replacement of the qualifying agent. 693 (c) A qualifying agent shall notify the department in 694 writing before engaging in the practice of engineering in the 695 licensee’s name or in affiliation with a different business 696 organization. 697(5)Disciplinary action against a business organization698shall be administered in the same manner and on the same grounds699as disciplinary action against a licensed engineer.700 Section 27. Subsection (7) of section 473.308, Florida 701 Statutes, is amended to read: 702 473.308 Licensure.— 703 (7) The board shall certify as qualified for a license by 704 endorsement an applicant who: 705 (a)1.Is not licensed and has not been licensed in another 706 state or territory and who has met the requirements of this 707 section for education, work experience, and good moral character 708 and has passed a national, regional, state, or territorial 709 licensing examination that is substantially equivalent to the 710 examination required by s. 473.306; orand7112.Has completed such continuing education courses as the712board deems appropriate, within the limits for each applicable7132-year period as set forth in s. 473.312, but at least such714courses as are equivalent to the continuing education715requirements for a Florida certified public accountant licensed716in this state during the 2 years immediately preceding her or717his application for licensure by endorsement; or718 (b)1.a.Holds a valid license to practice public accounting 719 issued by another state or territory of the United States, if 720 the criteria for issuance of such license were substantially 721 equivalent to the licensure criteria that existed in this state 722 at the time the license was issued; 723 2.b.Holds a valid license to practice public accounting 724 issued by another state or territory of the United States but 725 the criteria for issuance of such license did not meet the 726 requirements of sub-subparagraph a.; has met the requirements of 727 this section for education, work experience, and good moral 728 character; and has passed a national, regional, state, or 729 territorial licensing examination that is substantially 730 equivalent to the examination required by s. 473.306; or 731 3.c.Has heldHoldsa valid license to practice public 732 accounting issued by another state or territory of the United 733 States for at least 10 years before the date of application; has 734 passed a national, regional, state, or territorial licensing 735 examination that is substantially equivalent to the examination 736 required by s. 473.306; and has met the requirements of this 737 section for good moral character.; and7382.Has completed continuing education courses that are739equivalent to the continuing education requirements for a740Florida certified public accountant licensed in this state741during the 2 years immediately preceding her or his application742for licensure by endorsement.743 Section 28. Subsection (6) of section 474.202, Florida 744 Statutes, is amended to read: 745 474.202 Definitions.—As used in this chapter: 746 (6) “Limited-service veterinary medical practice” means 747 offering or providing veterinary services at any location that 748 has a primary purpose other than that of providing veterinary 749 medical service at a permanent or mobile establishment permitted 750 by the board; provides veterinary medical services for privately 751 owned animals that do not reside at that location; operates for 752 a limited time; and provides limited types of veterinary medical 753 services, including vaccinations or immunizations against 754 disease, preventative procedures for parasitic control, and 755 microchipping. 756 Section 29. Paragraph (b) of subsection (2) of section 757 474.207, Florida Statutes, is amended to read: 758 474.207 Licensure by examination.— 759 (2) The department shall license each applicant who the 760 board certifies has: 761 (b)1. Graduated from a college of veterinary medicine 762 accredited by the American Veterinary Medical Association 763 Council on Education; or 764 2. Graduated from a college of veterinary medicine listed 765 in the American Veterinary Medical Association Roster of 766 Veterinary Colleges of the World and obtained a certificate from 767 the Education Commission for Foreign Veterinary Graduates or the 768 Program for the Assessment of Veterinary Education Equivalence. 769 770 The department shall not issue a license to any applicant who is 771 under investigation in any state or territory of the United 772 States or in the District of Columbia for an act which would 773 constitute a violation of this chapter until the investigation 774 is complete and disciplinary proceedings have been terminated, 775 at which time the provisions of s. 474.214 shall apply. 776 Section 30. Subsection (1) of section 474.217, Florida 777 Statutes, is amended to read: 778 474.217 Licensure by endorsement.— 779 (1) The department shall issue a license by endorsement to 780 any applicant who, upon applying to the department and remitting 781 a fee set by the board, demonstrates to the board that she or 782 he: 783 (a) Has demonstrated, in a manner designated by rule of the 784 board, knowledge of the laws and rules governing the practice of 785 veterinary medicine in this state; and 786 (b)1.EitherHolds, and has held for the 3 years 787 immediately preceding the application for licensure, a valid, 788 active license to practice veterinary medicine in another state 789 of the United States, the District of Columbia, or a territory 790 of the United States, provided that the applicant has 791 successfully completed a state, regional, national, or other 792 examination that is equivalent to or more stringent than the 793 examination required by the boardrequirements for licensure in794the issuing state, district, or territory are equivalent to or795more stringent than the requirements of this chapter; or 796 2. Meets the qualifications of s. 474.207(2)(b) and has 797 successfully completed a state, regional, national, or other 798 examination which is equivalent to or more stringent than the 799 examination given by the department and has passed the board’s 800 clinical competency examination or another clinical competency 801 examination specified by rule of the board. 802 Section 31. Subsection (5) of section 476.144, Florida 803 Statutes, is amended to read: 804 476.144 Licensure.— 805 (5) The board shall certify as qualified for licensure by 806 endorsement as a barber in this state an applicant who holds a 807 current active license to practice barbering in another state. 808 The board shall adopt rules specifying procedures for the 809 licensure by endorsement of practitioners desiring to be 810 licensed in this state who hold a current active license in 811 anotherstate orcountry and who have met qualifications 812 substantially similar to, equivalent to, or greater than the 813 qualifications required of applicants from this state. 814 Section 32. Subsection (9) of section 477.013, Florida 815 Statutes, is amended to read: 816 477.013 Definitions.—As used in this chapter: 817 (9) “Hair braiding” means the weaving or interweaving of 818 natural human hair or commercial hair, including the use of hair 819 extensions or wefts, for compensation without cutting, coloring, 820 permanent waving, relaxing, removing, or chemical treatmentand821does not include the use of hair extensions or wefts. 822 Section 33. Section 477.0132, Florida Statutes, is 823 repealed. 824 Section 34. Subsections (7) through (11) are added to 825 section 477.0135, Florida Statutes, to read: 826 477.0135 Exemptions.— 827 (7) A license or registration is not required for a person 828 whose occupation or practice is confined solely to hair braiding 829 as defined in s. 477.013(9). 830 (8) A license or registration is not required for a person 831 whose occupation or practice is confined solely to hair wrapping 832 as defined in s. 477.013(10). 833 (9) A license or registration is not required for a person 834 whose occupation or practice is confined solely to body wrapping 835 as defined in s. 477.013(12). 836 (10) A license or registration is not required for a person 837 whose occupation or practice is confined solely to applying 838 polish to fingernails and toenails. 839 (11) A license or registration is not required for a person 840 whose occupation or practice is confined solely to makeup 841 application. 842 Section 35. Subsections (6) and (7) of section 477.019, 843 Florida Statutes, are amended to read: 844 477.019 Cosmetologists; qualifications; licensure; 845 supervised practice; license renewal; endorsement; continuing 846 education.— 847 (6) The board shall certify as qualified for licensure by 848 endorsement as a cosmetologist in this state an applicant who 849 holds a current active license to practice cosmetology in 850 another state. The board may not require proof of educational 851 hours if the license was issued in a state that requires 1,200 852 or more hours of prelicensure education and passage of a written 853 examination.This subsection does not apply to applicants who854received their license in another state through an855apprenticeship program.856 (7)(a) The board shall prescribe by rule continuing 857 education requirements intended to ensure protection of the 858 public through updated training of licensees and registered 859 specialists, not to exceed 1016hours biennially, as a 860 condition for renewal of a license or registration as a 861 specialist under this chapter. Continuing education courses 862 shall include, but not be limited to, the following subjects as 863 they relate to the practice of cosmetology: human 864 immunodeficiency virus and acquired immune deficiency syndrome; 865 Occupational Safety and Health Administration regulations; 866 workers’ compensation issues; state and federal laws and rules 867 as they pertain to cosmetologists, cosmetology, salons, 868 specialists, specialty salons, and booth renters; chemical 869 makeup as it pertains to hair, skin, and nails; and 870 environmental issues. Courses given at cosmetology conferences 871 may be counted toward the number of continuing education hours 872 required if approved by the board. 873(b)Any person whose occupation or practice is confined874solely to hair braiding, hair wrapping, or body wrapping is875exempt from the continuing education requirements of this876subsection.877 (b)(c)The board may, by rule, require any licensee in 878 violation of a continuing education requirement to take a 879 refresher course or refresher course and examination in addition 880 to any other penalty. The number of hours for the refresher 881 course may not exceed 48 hours. 882 Section 36. Paragraph (f) of subsection (1) of section 883 477.026, Florida Statutes, is amended to read: 884 477.026 Fees; disposition.— 885 (1) The board shall set fees according to the following 886 schedule: 887(f)For hair braiders, hair wrappers, and body wrappers,888fees for registration shall not exceed $25.889 Section 37. Subsection (4) of section 477.0263, Florida 890 Statutes, is amended, and subsection (5) is added to that 891 section, to read: 892 477.0263 Cosmetology services to be performed in licensed 893 salon; exceptions.— 894 (4) Pursuant to rules adopted by the board, any cosmetology 895 or specialty service may be performed in a location other than a 896 licensed salon when the service is performed in connection with 897 a special event and is performed by a personwho is employed by898a licensed salon andwho holds the proper license or specialty 899 registration.An appointment for the performance of any such900service in a location other than a licensed salon must be made901through a licensed salon.902 (5) Hair shampooing, hair cutting, and hair arranging may 903 be performed in a location other than a licensed salon when the 904 service is performed by a person who holds the proper license. 905 Section 38. Paragraph (f) of subsection (1) of section 906 477.0265, Florida Statutes, is amended to read: 907 477.0265 Prohibited acts.— 908 (1) It is unlawful for any person to: 909 (f) Advertise or imply that skin care servicesor body910wrapping, as performed under this chapter, have any relationship 911 to the practice of massage therapy as defined in s. 480.033(3), 912 except those practices or activities defined in s. 477.013. 913 Section 39. Paragraph (a) of subsection (1) of section 914 477.029, Florida Statutes, is amended to read: 915 477.029 Penalty.— 916 (1) It is unlawful for any person to: 917 (a) Hold himself or herself out as a cosmetologist or,918 specialist, hair wrapper, hair braider, or body wrapperunless 919 duly licensed or registered, or otherwise authorized, as 920 provided in this chapter. 921 Section 40. Subsection (5) of section 481.203, Florida 922 Statutes, is amended to read: 923 481.203 Definitions.—As used in this part: 924 (5) “Business organization” means a partnership, a limited 925 liability company, a corporation, or an individual operating 926 under a fictitious name“Certificate of authorization” means a927certificate issued by the department to a corporation or928partnership to practice architecture or interior design. 929 Section 41. Present subsection (4) of section 481.215, 930 Florida Statutes, is redesignated as subsection (6), a new 931 subsection (4) is added to that section, and subsections (3) and 932 (5) of that section are amended, to read: 933 481.215 Renewal of license.— 934 (3) ANolicense renewal may notshallbe issued to an 935 architector an interior designerby the department until the 936 licensee submits proof satisfactory to the department that, 937 during the 2 years beforeprior toapplication for renewal, the 938 licensee participated per biennium in not less than 20 hours of 939 at least 50 minutes each per biennium of continuing education 940 approved by the board.The board shall approve only continuing941education that builds upon the basic knowledge of architecture942or interior design. The board may make exception from the943requirements of continuing education in emergency or hardship944cases.945 (4) The department may not issue a license renewal to an 946 interior designer until the licensee submits proof satisfactory 947 to the department that during the 2 years before the application 948 for renewal the licensee participated per biennium in not less 949 than 16 continuing education hours of at least 50 minutes each 950 of continuing education approved by the board. The licensee 951 shall provide documentation of successful completion of the 952 continuing education units from the board-approved providers 953 which focused on one or more of the following subjects: 954 (a) Public safety, including application of state and local 955 building codes and regulations. 956 (b) Application of federal, state, and local laws relating 957 to accessibility standards, including the Americans with 958 Disabilities Act. 959 (c) Any other topic related to the health, safety, and 960 welfare of building occupants. 961 (5) The board shall only approve continuing education that 962 builds upon the basic knowledge of architecture or interior 963 design. The board may make exceptions to the requirements of 964 continuing education in emergency or hardship cases.The board965shall require, by rule adopted pursuant to ss. 120.536(1) and966120.54, a specified number of hours in specialized or advanced967courses, approved by the Florida Building Commission, on any968portion of the Florida Building Code, adopted pursuant to part969IV of chapter 553, relating to the licensee’s respective area of970practice.971 Section 42. Section 481.219, Florida Statutes, is amended 972 to read: 973 481.219 Qualification of business organizations 974certification of partnerships, limited liability companies, and975corporations.— 976 (1) A licensee mayThe practice of or the offer topractice 977 architecture or interior designby licenseesthrough a qualified 978 business organization that offerscorporation, limited liability979company, or partnership offeringarchitectural or interior 980 design services to the public, or by a corporation, limited981liability company, or partnership offering architectural or982interior design services to the public through licensees under983this part as agents, employees, officers, or partners, is984permitted, subject to the provisions of this section. 985 (2) If a licensee or an applicant proposes to engage in the 986 practice of architecture or interior design as a business 987 organization, the licensee or applicant shall qualify the 988 business organization upon approval of the boardFor the989purposes of this section, a certificate of authorization shall990be required for a corporation, limited liability company,991partnership, or person practicing under a fictitious name,992offering architectural services to the public jointly or993separately. However, when an individual is practicing994architecture in her or his own name, she or he shall not be995required to be certified under this section. Certification under996this subsection to offer architectural services shall include997all the rights and privileges of certification under subsection998(3) to offer interior design services. 999 (3)(a) A business organization may not engage in the 1000 practice of architecture unless its qualifying agent is a 1001 registered architect under this part. A business organization 1002 may not engage in the practice of interior design unless its 1003 qualifying agent is a registered architect or a registered 1004 interior designer under this part. A qualifying agent who 1005 terminates an affiliation with a qualified business organization 1006 shall immediately notify the department of such termination. If 1007 such qualifying agent is the only qualifying agent for that 1008 business organization, the business organization must be 1009 qualified by another qualifying agent within 60 days after the 1010 termination. Except as provided in paragraph (b), the business 1011 organization may not engage in the practice of architecture or 1012 interior design until it is qualified by another qualifying 1013 agent. 1014 (b) In the event a qualifying agent ceases employment with 1015 a qualified business organization, the executive director or the 1016 chair of the board may authorize another registered architect or 1017 interior designer employed by the business organization to 1018 temporarily serve as its qualifying agent for a period of no 1019 more than 60 days. The business organization is not authorized 1020 to operate beyond such period under this chapter absent 1021 replacement of the qualifying agent who has ceased employment. 1022 (c) A qualifying agent shall notify the department in 1023 writing before engaging in the practice of architecture or 1024 interior design in her or his own name or in affiliation with a 1025 different business organization, and she or he or such business 1026 organization shall supply the same information to the department 1027 as required of applicants under this part. 1028(3)For the purposes of this section, a certificate of1029authorization shall be required for a corporation, limited1030liability company, partnership, or person operating under a1031fictitious name, offering interior design services to the public1032jointly or separately. However, when an individual is practicing1033interior design in her or his own name, she or he shall not be1034required to be certified under this section.1035 (4) All final construction documents and instruments of 1036 service which include drawings, specifications, plans, reports, 1037 or other papers or documents that involveinvolvingthe practice 1038 of architecture which are prepared or approved for the use of 1039 the business organizationcorporation, limited liability1040company, or partnershipand filed for public record within the 1041 state mustshallbear the signature and seal of the licensee who 1042 prepared or approved them and the date on which they were 1043 sealed. 1044(5)All drawings, specifications, plans, reports, or other1045papers or documents prepared or approved for the use of the1046corporation, limited liability company, or partnership by an1047interior designer in her or his professional capacity and filed1048for public record within the state shall bear the signature and1049seal of the licensee who prepared or approved them and the date1050on which they were sealed.1051(6)The department shall issue a certificate of1052authorization to any applicant who the board certifies as1053qualified for a certificate of authorization and who has paid1054the fee set in s. 481.207.1055 (5)(7)The board shall allow a licensee orcertifyan 1056 applicant to qualify one or more business organizationsas1057qualified for a certificate of authorizationto offer 1058 architectural or interior design services, or to use a 1059 fictitious name to offer such services, ifprovided that: 1060 (a) One or more of the principal officers of the 1061 corporation or limited liability company, or one or more 1062 partners of the partnership, and all personnel of the 1063 corporation, limited liability company, or partnership who act 1064 in its behalf in this state as architects, are registered as 1065 provided by this part; or 1066 (b) One or more of the principal officers of the 1067 corporation or one or more partners of the partnership, and all 1068 personnel of the corporation, limited liability company, or 1069 partnership who act in its behalf in this state as interior 1070 designers, are registered as provided by this part. 1071(8)The department shall adopt rules establishing a1072procedure for the biennial renewal of certificates of1073authorization.1074(9)The department shall renew a certificate of1075authorization upon receipt of the renewal application and1076biennial renewal fee.1077 (6)(10)Each qualifying agent who qualifies a business 1078 organization, partnership, limited liability company, orand1079 corporation certified under this section shall notify the 1080 department within 30 days afterofany change in the information 1081 contained in the application upon which the qualification 1082certificationis based. Any registered architect or interior 1083 designer who qualifies the business organization shall ensure 1084corporation, limited liability company, or partnership as1085provided in subsection (7) shall be responsible for ensuring1086 responsible supervising control of projects of the business 1087 organizationentityand shall notify the department of theupon1088 termination of her or his employment with a business 1089 organization qualifiedpartnership, limited liability company,1090or corporation certifiedunder this sectionshall notify the1091department of the terminationwithin 30 days after such 1092 termination. 1093 (7)(11)A business organization is notNo corporation,1094limited liability company, or partnership shall berelieved of 1095 responsibility for the conduct or acts of its agents, employees, 1096 or officers by reason of its compliance with this section. 1097 However, except as provided in s. 558.0035, the architect who 1098 signs and seals the construction documents and instruments of 1099 service isshall beliable for the professional services 1100 performed, and the interior designer who signs and seals the 1101 interior design drawings, plans, or specifications shall be 1102 liable for the professional services performed. 1103(12)Disciplinary action against a corporation, limited1104liability company, or partnership shall be administered in the1105same manner and on the same grounds as disciplinary action1106against a registered architect or interior designer,1107respectively.1108 (8)(13)Nothing inThis section may notshallbe construed 1109 to mean that a certificate of registration to practice 1110 architecture or interior design mustshallbe held by a business 1111 organizationcorporation, limited liability company, or1112partnership.Nothing inThis section does not prohibit a 1113 business organization from offeringprohibits corporations,1114limited liability companies, and partnerships from joining1115together to offerarchitectural, engineering, interior design, 1116 surveying and mapping, and landscape architectural services, or 1117 any combination of such services, to the public if the business 1118 organization, provided that each corporation, limited liability1119company, or partnershipotherwise meets the requirements of law. 1120 (9)(14)A business organization that is qualified by a 1121 registered architect mayCorporations, limited liability1122companies, or partnerships holding a valid certificate of1123authorization to practice architecture shall be permitted touse 1124 in their title the term “interior designer” or “registered 1125 interior designer.” 1126 Section 43. Subsection (10) of section 481.221, Florida 1127 Statutes, is amended to read: 1128 481.221 Seals; display of certificate number.— 1129 (10) Each registered architect or interior designer must,1130and each corporation, limited liability company, or partnership1131holding a certificate of authorization, shallinclude her or his 1132 licenseits certificatenumber in any newspaper, telephone 1133 directory, or other advertising medium used by the registered 1134 licenseearchitect, interior designer, corporation, limited1135liability company, or partnership. Each business organization 1136 must include the license number of the registered architect or 1137 interior designer who serves as the qualifying agent for that 1138 business organization in any newspaper, telephone directory, or 1139 other advertising medium used by the business organization, but 1140 is not required to display the license numbers of other 1141 registered architects or interior designers employed by the 1142 business organizationA corporation, limited liability company,1143or partnership is not required to display the certificate number1144of individual registered architects or interior designers1145employed by or working within the corporation, limited liability1146company, or partnership. 1147 Section 44. Paragraphs (a) and (c) of subsection (5) of 1148 section 481.229, Florida Statutes, are amended to read: 1149 481.229 Exceptions; exemptions from licensure.— 1150 (5)(a) This part does not prohibitNothing contained in1151this part shall preventa registered architect or a qualified 1152 business organizationpartnership, limited liability company, or1153corporation holding a valid certificate of authorization to1154provide architectural servicesfrom performing any interior 1155 design service or from using the title “interior designer” or 1156 “registered interior designer.” 1157 (c) Notwithstanding any other provision of this part, a 1158 registered architect or business organization qualifiedany1159corporation, partnership, or person operating under a fictitious1160name which holds a certificate of authorizationto provide 1161 architectural services mustshallbe qualified, without fee,for1162a certificate of authorizationto provide interior design 1163 services upon submission of a completed application for 1164 qualificationtherefor.For corporations, partnerships, and1165persons operating under a fictitious name which hold a1166certificate of authorization to provide interior design1167services, satisfaction of the requirements for renewal of the1168certificate of authorization to provide architectural services1169under s. 481.219 shall be deemed to satisfy the requirements for1170renewal of the certificate of authorization to provide interior1171design services under that section.1172 Section 45. Section 481.303, Florida Statutes, is amended 1173 to read: 1174 481.303 Definitions.—As used in this chapter, the term: 1175 (1) “Board” means the Board of Landscape Architecture. 1176 (2)(4)“Certificate of registration” means a license issued 1177 by the department to a natural person to engage in the practice 1178 of landscape architecture. 1179 (3)(2)“Department” means the Department of Business and 1180 Professional Regulation. 1181(5)“Certificate of authorization” means a license issued1182by the department to a corporation or partnership to engage in1183the practice of landscape architecture.1184 (4)(6)“Landscape architecture” means professional 1185 services, including, but not limited to, the following: 1186 (a) Consultation, investigation, research, planning, 1187 design, preparation of drawings, specifications, contract 1188 documents and reports, responsible construction supervision, or 1189 landscape management in connection with the planning and 1190 development of land and incidental water areas, including the 1191 use of Florida-friendly landscaping as defined in s. 373.185, 1192 where, and to the extent that, the dominant purpose of such 1193 services or creative works is the preservation, conservation, 1194 enhancement, or determination of proper land uses, natural land 1195 features, ground cover and plantings, or naturalistic and 1196 aesthetic values; 1197 (b) The determination of settings, grounds, and approaches 1198 for and the siting of buildings and structures, outdoor areas, 1199 or other improvements; 1200 (c) The setting of grades, shaping and contouring of land 1201 and water forms, determination of drainage, and provision for 1202 storm drainage and irrigation systems where such systems are 1203 necessary to the purposes outlined herein; and 1204 (d) The design of such tangible objects and features as are 1205 necessary to the purpose outlined herein. 1206 (5)(7)“Landscape design” means consultation for and 1207 preparation of planting plans drawn for compensation, including 1208 specifications and installation details for plant materials, 1209 soil amendments, mulches, edging, gravel, and other similar 1210 materials. Such plans may include only recommendations for the 1211 conceptual placement of tangible objects for landscape design 1212 projects. Construction documents, details, and specifications 1213 for tangible objects and irrigation systems shall be designed or 1214 approved by licensed professionals as required by law. 1215 (6)(3)“Registered landscape architect” means a person who 1216 holds a license to practice landscape architecture in this state 1217 under the authority of this act. 1218 Section 46. Section 481.310, Florida Statutes, is amended 1219 to read: 1220 481.310 Practical experience requirement.—Beginning October 1221 1, 1990, every applicant for licensure as a registered landscape 1222 architect shall demonstrate, prior to licensure, 1 year of 1223 practical experience in landscape architectural work. An 1224 applicant who holds a master of landscape architecture degree 1225 and a bachelor’s degree in a related field is not required to 1226 demonstrate 1 year of practical experience in landscape 1227 architectural work to obtain licensure. The board shall adopt 1228 rules providing standards for the required experience. An 1229 applicant who qualifies for examination pursuant to s. 1230 481.309(1)(b)1. may obtain the practical experience after 1231 completing the required professional degree. Experience used to 1232 qualify for examination pursuant to s. 481.309(1)(b)2. may not 1233 be used to satisfy the practical experience requirement under 1234 this section. 1235 Section 47. Subsections (5) and (6) of section 481.311, 1236 Florida Statutes, are renumbered as subsections (4) and (5), 1237 respectively, and subsection (3) and present subsection (4) of 1238 that section are amended, to read: 1239 481.311 Licensure.— 1240 (3) The board shall certify as qualified for a license by 1241 endorsement an applicant who: 1242 (a) Qualifies to take the examination as set forth in s. 1243 481.309; and has passed a national, regional, state, or 1244 territorial licensing examination which is substantially 1245 equivalent to the examination required by s. 481.309;or1246 (b) Holds a valid license to practice landscape 1247 architecture issued by another state or territory of the United 1248 States, if the criteria for issuance of such license were 1249 substantially identical to the licensure criteria which existed 1250 in this state at the time the license was issued; or.1251 (c) Has held a valid license to practice landscape 1252 architecture in another state or territory of the United States 1253 for at least 10 years before the date of application and has 1254 successfully completed a state, regional, national, or other 1255 examination that is equivalent to or more stringent than the 1256 examination required by the board, subject to subsection (5). An 1257 applicant who has met the requirements to be qualified for a 1258 license by endorsement except for successful completion of an 1259 examination that is equivalent to or more stringent than the 1260 examination required by the board may take the examination 1261 required by the board without completing additional education 1262 requirements. 1263(4)The board shall certify as qualified for a certificate1264of authorization any applicant corporation or partnership who1265satisfies the requirements of s. 481.319.1266 Section 48. Subsection (2) of section 481.317, Florida 1267 Statutes, is amended to read: 1268 481.317 Temporary certificates.— 1269(2)Upon approval by the board and payment of the fee set1270in s. 481.307, the department shall grant a temporary1271certificate of authorization for work on one specified project1272in this state for a period not to exceed 1 year to an out-of1273state corporation, partnership, or firm, provided one of the1274principal officers of the corporation, one of the partners of1275the partnership, or one of the principals in the fictitiously1276named firm has obtained a temporary certificate of registration1277in accordance with subsection (1).1278 Section 49. Section 481.319, Florida Statutes, is amended 1279 to read: 1280 481.319 Corporate and partnership practice of landscape 1281 architecture; certificate of authorization.— 1282 (1) The practice of or offer to practice landscape 1283 architecture by registered landscape architects registered under 1284 this part through a corporation or partnership offering 1285 landscape architectural services to the public, or through a 1286 corporation or partnership offering landscape architectural 1287 services to the public through individual registered landscape 1288 architects as agents, employees, officers, or partners, is 1289 permitted, subject to the provisions of this section, if: 1290 (a) One or more of the principal officers of the 1291 corporation, or partners of the partnership, and all personnel 1292 of the corporation or partnership who act in its behalf as 1293 landscape architects in this state are registered landscape 1294 architects; and 1295 (b) One or more of the officers, one or more of the 1296 directors, one or more of the owners of the corporation, or one 1297 or more of the partners of the partnership is a registered 1298 landscape architect; and1299(c)The corporation or partnership has been issued a1300certificate of authorization by the board as provided herein. 1301 (2) All documents involving the practice of landscape 1302 architecture which are prepared for the use of the corporation 1303 or partnership shall bear the signature and seal of a registered 1304 landscape architect. 1305 (3) A landscape architect applying to practice in the name 1306 of aAn applicantcorporation mustshallfile with the 1307 department the names and addresses of all officers and board 1308 members of the corporation, including the principal officer or 1309 officers, duly registered to practice landscape architecture in 1310 this state and, also, of all individuals duly registered to 1311 practice landscape architecture in this state who shall be in 1312 responsible charge of the practice of landscape architecture by 1313 the corporation in this state. A landscape architect applying to 1314 practice in the name of aAn applicantpartnership mustshall1315 file with the department the names and addresses of all partners 1316 of the partnership, including the partner or partners duly 1317 registered to practice landscape architecture in this state and, 1318 also, of an individual or individuals duly registered to 1319 practice landscape architecture in this state who shall be in 1320 responsible charge of the practice of landscape architecture by 1321 said partnership in this state. 1322 (4) Each landscape architect qualifying a partnership or 1323andcorporationlicensedunder this part mustshallnotify the 1324 department within 1 month afterofany change in the information 1325 contained in the application upon which the license is based. 1326 Any landscape architect who terminates her or hisor her1327 employment with a partnership or corporation licensed under this 1328 part shall notify the department of the termination within 1 1329 month after such termination. 1330(5)Disciplinary action against a corporation or1331partnership shall be administered in the same manner and on the1332same grounds as disciplinary action against a registered1333landscape architect.1334 (5)(6)Except as provided in s. 558.0035, the fact that a 1335 registered landscape architect practices landscape architecture 1336 through a corporation or partnership as provided in this section 1337 does not relieve the landscape architect from personal liability 1338 for her or hisor herprofessional acts. 1339 Section 50. Subsection (5) of section 481.321, Florida 1340 Statutes, is amended to read: 1341 481.321 Seals; display of certificate number.— 1342 (5) Each registered landscape architect mustand each1343corporation or partnership holding a certificate of1344authorization shallinclude her or hisitscertificate number in 1345 any newspaper, telephone directory, or other advertising medium 1346 used by the registered landscape architect, corporation, or 1347 partnership. A corporation or partnership mustis not required1348todisplay the certificate numbernumbersof at least one 1349 officer, director, owner, or partner who is aindividual1350 registered landscape architectarchitectsemployed by or 1351 practicing with the corporation or partnership. 1352 Section 51. Subsection (5) of section 481.329, Florida 1353 Statutes, is amended to read: 1354 481.329 Exceptions; exemptions from licensure.— 1355 (5) This part does not prohibit any person from engaging in 1356 the practice of landscape design, as defined in s. 481.303 1357481.303(7), or from submitting for approval to a governmental 1358 agency planting plans that are independent of, or a component 1359 of, construction documents that are prepared by a Florida 1360 registered professional. Persons providing landscape design 1361 services shall not use the title, term, or designation 1362 “landscape architect,” “landscape architectural,” “landscape 1363 architecture,” “L.A.,” “landscape engineering,” or any 1364 description tending to convey the impression that she or he is a 1365 landscape architect unless she or he is registered as provided 1366 in this part. 1367 Section 52. Subsection (9) of section 489.103, Florida 1368 Statutes, is amended to read: 1369 489.103 Exemptions.—This part does not apply to: 1370 (9) Any work or operation of a casual, minor, or 1371 inconsequential nature in which the aggregate contract price for 1372 labor, materials, and all other items is less than $2,500 1373$1,000, but this exemption does not apply: 1374 (a) If the construction, repair, remodeling, or improvement 1375 is a part of a larger or major operation, whether undertaken by 1376 the same or a different contractor, or in which a division of 1377 the operation is made in contracts of amounts less than $2,500 1378$1,000for the purpose of evading this part or otherwise. 1379 (b) To a person who advertises that he or she is a 1380 contractor or otherwise represents that he or she is qualified 1381 to engage in contracting. 1382 Section 53. Subsection (2) of section 489.111, Florida 1383 Statutes, is amended to read: 1384 489.111 Licensure by examination.— 1385 (2) A person shall be eligible for licensure by examination 1386 if the person: 1387 (a) Is 18 years of age; 1388 (b) Is of good moral character; and 1389 (c) Meets eligibility requirements according to one of the 1390 following criteria: 1391 1. Has received a baccalaureate degree from an accredited 1392 4-year college in the appropriate field of engineering, 1393 architecture, or building construction and has 1 year of proven 1394 experience in the category in which the person seeks to qualify. 1395 For the purpose of this part, a minimum of 2,000 person-hours 1396 shall be used in determining full-time equivalency. 1397 2. Has a total of at least 4 years of active experience as 1398 a worker who has learned the trade by serving an apprenticeship 1399 as a skilled worker who is able to command the rate of a 1400 mechanic in the particular trade or as a foreman who is in 1401 charge of a group of workers and usually is responsible to a 1402 superintendent or a contractor or his or her equivalent, 1403 provided, however, that at least 1 year of active experience 1404 shall be as a foreman. 1405 3. Has a combination of not less than 1 year of experience 1406 as a foreman and not less than 3 years of credits for any 1407 accredited college-level courses; has a combination of not less 1408 than 1 year of experience as a skilled worker, 1 year of 1409 experience as a foreman, and not less than 2 years of credits 1410 for any accredited college-level courses; or has a combination 1411 of not less than 2 years of experience as a skilled worker, 1 1412 year of experience as a foreman, and not less than 1 year of 1413 credits for any accredited college-level courses. All junior 1414 college or community college-level courses shall be considered 1415 accredited college-level courses. 1416 4.a. An active certified residential contractor is eligible 1417 to receive a certified building contractor license after passing 1418 or having previously passedtakethe building contractors’ 1419 examination if he or she possesses a minimum of 3 years of 1420 proven experience in the classification in which he or she is 1421 certified. 1422 b. An active certified residential contractor is eligible 1423 to receive a certified general contractor license after passing 1424 or having previously passedtakethe general contractors’ 1425 examination if he or she possesses a minimum of 4 years of 1426 proven experience in the classification in which he or she is 1427 certified. 1428 c. An active certified building contractor is eligible to 1429 receive a certified general contractor license after passing or 1430 having previously passedtakethe general contractors’ 1431 examination if he or she possesses a minimum of 4 years of 1432 proven experience in the classification in which he or she is 1433 certified. 1434 5.a. An active certified air-conditioning Class C 1435 contractor is eligible to receive a certified air-conditioning 1436 Class B contractor license after passing or having previously 1437 passedtakethe air-conditioning Class B contractors’ 1438 examination if he or she possesses a minimum of 3 years of 1439 proven experience in the classification in which he or she is 1440 certified. 1441 b. An active certified air-conditioning Class C contractor 1442 is eligible to receive a certified air-conditioning Class A 1443 contractor license after passing or having previously passed 1444takethe air-conditioning Class A contractors’ examination if he 1445 or she possesses a minimum of 4 years of proven experience in 1446 the classification in which he or she is certified. 1447 c. An active certified air-conditioning Class B contractor 1448 is eligible to receive a certified air-conditioning Class A 1449 contractor license after passing or having previously passed 1450takethe air-conditioning Class A contractors’ examination if he 1451 or she possesses a minimum of 1 year of proven experience in the 1452 classification in which he or she is certified. 1453 6.a. An active certified swimming pool servicing contractor 1454 is eligible to receive a certified residential swimming pool 1455 contractor license after passing or having previously passed 1456takethe residential swimming pool contractors’ examination if 1457 he or she possesses a minimum of 3 years of proven experience in 1458 the classification in which he or she is certified. 1459 b. An active certified swimming pool servicing contractor 1460 is eligible to receive a certified commercial swimming pool 1461 contractor license after passing or having previously passed 1462takethe swimming pool commercial contractors’ examination if he 1463 or she possesses a minimum of 4 years of proven experience in 1464 the classification in which he or she is certified. 1465 c. An active certified residential swimming pool contractor 1466 is eligible to receive a certified commercial swimming pool 1467 contractor license after passing or having previously passed 1468takethe commercial swimming pool contractors’ examination if he 1469 or she possesses a minimum of 1 year of proven experience in the 1470 classification in which he or she is certified. 1471 d. An applicant is eligible to receive a certified swimming 1472 pool/spa servicing contractor license after passing or having 1473 previously passedtakethe swimming pool/spa servicing 1474 contractors’ examination if he or she has satisfactorily 1475 completed 60 hours of instruction in courses related to the 1476 scope of work covered by that license and approved by the 1477 Construction Industry Licensing Board by rule and has at least 1 1478 year of proven experience related to the scope of work of such a 1479 contractor. 1480 Section 54. Subsection (3) of section 489.115, Florida 1481 Statutes, is amended to read: 1482 489.115 Certification and registration; endorsement; 1483 reciprocity; renewals; continuing education.— 1484 (3) The board shall certify as qualified for certification 1485 by endorsement any applicant who: 1486 (a) Meets the requirements for certification as set forth 1487 in this section; has passed a national, regional, state, or 1488 United States territorial licensing examination that is 1489 substantially equivalent to the examination required by this 1490 part; and has satisfied the requirements set forth in s. 1491 489.111; 1492 (b) Holds a valid license to practice contracting issued by 1493 another state or territory of the United States, if the criteria 1494 for issuance of such license were substantially equivalent to 1495 Florida’s current certification criteria;or1496 (c) Holds a valid, current license to practice contracting 1497 issued by another state or territory of the United States, if 1498 the state or territory has entered into a reciprocal agreement 1499 with the board for the recognition of contractor licenses issued 1500 in that state, based on criteria for the issuance of such 1501 licenses that are substantially equivalent to the criteria for 1502 certification in this state; or 1503 (d) Has held a valid, current license to practice 1504 contracting issued by another state or territory for at least 10 1505 years before the date of application and is applying for the 1506 same or similar license in this state, subject to subsections 1507 (5)-(9). 1508 Section 55. Subsection (5) of section 489.511, Florida 1509 Statutes, is amended to read: 1510 489.511 Certification; application; examinations; 1511 endorsement.— 1512 (5) The board shall certify as qualified for certification 1513 by endorsement any individual applying for certification who: 1514 (a) Meets the requirements for certification as set forth 1515 in this section; has passed a national, regional, state, or 1516 United States territorial licensing examination that is 1517 substantially equivalent to the examination required by this 1518 part; and has satisfied the requirements set forth in s. 1519 489.521;or1520 (b) Holds a valid license to practice electrical or alarm 1521 system contracting issued by another state or territory of the 1522 United States, if the criteria for issuance of such license was 1523 substantially equivalent to the certification criteria that 1524 existed in this state at the time the certificate was issued; or 1525 (c) Has held a valid, current license to practice 1526 electrical or alarm system contracting issued by another state 1527 or territory for at least 10 years before the date of 1528 application and is applying for the same or similar license in 1529 this state, subject to ss. 489.510 and 489.521(3)(a), and 1530 subparagraph (1)(b)1. 1531 Section 56. Subsection (3) and paragraph (b) of subsection 1532 (4) of section 489.517, Florida Statutes, are amended to read: 1533 489.517 Renewal of certificate or registration; continuing 1534 education.— 1535 (3) Each certificateholder or registrant shall provide 1536 proof, in a form established by rule of the board, that the 1537 certificateholder or registrant has completed at least 7141538 classroom hours of at least 50 minutes each of continuing 1539 education courses during each biennium since the issuance or 1540 renewal of the certificate or registration. The board shall by 1541 rule establish criteria for the approval of continuing education 1542 courses and providers and may by rule establish criteria for 1543 accepting alternative nonclassroom continuing education on an 1544 hour-for-hour basis. 1545 (4) 1546 (b) Of the 714classroom hours of continuing education 1547 required, at least 1 hour7 hoursmust be on technical subjects, 1548 1 hour on workers’ compensation, 1 hour on workplace safety, 1 1549 hour on business practices, and for alarm system contractors and 1550 electrical contractors engaged in alarm system contracting, 2 1551 hours on false alarm prevention. 1552 Section 57. Paragraph (b) of subsection (1) of section 1553 489.518, Florida Statutes, is amended to read: 1554 489.518 Alarm system agents.— 1555 (1) A licensed electrical or alarm system contractor may 1556 not employ a person to perform the duties of a burglar alarm 1557 system agent unless the person: 1558 (b) Has successfully completed a minimum of 14 hours of 1559 training within 90 days after employment, to include basic alarm 1560 system electronics in addition to related training including 1561 CCTV and access control training, with at least 2 hours of 1562 training in the prevention of false alarms. Such training shall 1563 be from a board-approved provider, and the employee or applicant 1564 for employment shall provide proof of successful completion to 1565 the licensed employer. The board shall by rule establish 1566 criteria for the approval of training courses and providers and 1567 may by rule establish criteria for accepting alternative 1568 nonclassroom education on an hour-for-hour basis. The board 1569 shall approve providers that conduct training in other than the 1570 English language. The board shall establish a fee for the 1571 approval of training providers or courses, not to exceed $60. 1572 Qualified employers may conduct training classes for their 1573 employees, with board approval. 1574 Section 58. Section 492.104, Florida Statutes, is amended, 1575 to read: 1576 492.104 Rulemaking authority.—The Board of Professional 1577 Geologists has authority to adopt rules pursuant to ss. 1578 120.536(1) and 120.54 to implement this chapter. Every licensee 1579 shall be governed and controlled by this chapter and the rules 1580 adopted by the board. The board is authorized to set, by rule, 1581 fees for application, examination,certificate of authorization,1582 late renewal, initial licensure, and license renewal. These fees 1583 mayshouldnot exceed the cost of implementing the application, 1584 examination, initial licensure, and license renewal or other 1585 administrative process and shall be established as follows: 1586 (1) The application fee shall not exceed $150 and shall be 1587 nonrefundable. 1588 (2) The examination fee shall not exceed $250, and the fee 1589 may be apportioned to each part of a multipart examination. The 1590 examination fee shall be refundable in whole or part if the 1591 applicant is found to be ineligible to take any portion of the 1592 licensure examination. 1593 (3) The initial license fee shall not exceed $100. 1594 (4) The biennial renewal fee shall not exceed $150. 1595(5)The fee for a certificate of authorization shall not1596exceed $350 and the fee for renewal of the certificate shall not1597exceed $350.1598 (5)(6)The fee for reactivation of an inactive license may 1599shallnot exceed $50. 1600 (6)(7)The fee for a provisional license mayshallnot 1601 exceed $400. 1602 (7)(8)The fee for application, examination, and licensure 1603 for a license by endorsement isshall beas provided in this 1604 section for licenses in general. 1605 Section 59. Subsection (1) of section 492.108, Florida 1606 Statutes, is amended to read: 1607 492.108 Licensure by endorsement; requirements; fees.— 1608 (1) The department shall issue a license by endorsement to 1609 any applicant who, upon applying to the department and remitting 1610 an application fee, has been certified by the board that he or 1611 she: 1612 (a) Has met the qualifications for licensure in s. 1613 492.105(1)(b)-(e) and:.1614 1.(b)Is the holder of an active license in good standing 1615 in a state, trust, territory, or possession of the United 1616 States. 1617 2.(c)Was licensed through written examination in at least 1618 one state, trust, territory, or possession of the United States, 1619 the examination requirements of which have been approved by the 1620 board as substantially equivalent to or more stringent than 1621 those of this state, and has received a score on such 1622 examination which is equal to or greater than the score required 1623 by this state for licensure by examination. 1624 3.(d)Has taken and successfully passed the laws and rules 1625 portion of the examination required for licensure as a 1626 professional geologist in this state. 1627 (b) Has held a valid license to practice geology in another 1628 state, trust, territory, or possession of the United States for 1629 at least 10 years before the date of application and has 1630 successfully completed a state, regional, national, or other 1631 examination that is equivalent to or more stringent than the 1632 examination required by the department. If such applicant has 1633 met the requirements for a license by endorsement except 1634 successful completion of an examination that is equivalent to or 1635 more stringent than the examination required by the board, such 1636 applicant may take the examination required by the board. 1637 Section 60. Section 492.111, Florida Statutes, is amended 1638 to read: 1639 492.111 Practice of professional geology by a firm, 1640 corporation, or partnership; certificate of authorization.—The 1641 practice of, or offer to practice, professional geology by 1642 individual professional geologists licensed under the provisions 1643 of this chapter through a firm, corporation, or partnership 1644 offering geological services to the public through individually 1645 licensed professional geologists as agents, employees, officers, 1646 or partners thereof is permitted subject to the provisions of 1647 this chapter, ifprovided that: 1648 (1) At all times that it offers geological services to the 1649 public, the firm, corporation, or partnership is qualified by 1650has on file with the department the name and license number of1651 one or more individuals who hold a current, active license as a 1652 professional geologist in the state and are serving as a 1653 geologist of record for the firm, corporation, or partnership. A 1654 geologist of record may be any principal officer or employee of 1655 such firm or corporation, or any partner or employee of such 1656 partnership, who holds a current, active license as a 1657 professional geologist in this state, or any other Florida 1658 licensed professional geologist with whom the firm, corporation, 1659 or partnership has entered into a long-term, ongoing 1660 relationship, as defined by rule of the board, to serve as one 1661 of its geologists of record.It shall be the responsibility of1662the firm, corporation, or partnership andThe geologist of 1663 record shalltonotify the department of any changes in the 1664 relationship or identity of that geologist of record within 30 1665 days after such change. 1666(2)The firm, corporation, or partnership has been issued a1667certificate of authorization by the department as provided in1668this chapter. For purposes of this section, a certificate of1669authorization shall be required of any firm, corporation,1670partnership, association, or person practicing under a1671fictitious name and offering geological services to the public;1672except that, when an individual is practicing professional1673geology in her or his own name, she or he shall not be required1674to obtain a certificate of authorization under this section.1675Such certificate of authorization shall be renewed every 21676years.1677 (2)(3)All final geological papers or documents involving 1678 the practice of the profession of geology which have been 1679 prepared or approved for the use of such firm, corporation, or 1680 partnership, for delivery to any person for public record with 1681 the state, shall be dated and bear the signature and seal of the 1682 professional geologist or professional geologists who prepared 1683 or approved them. 1684 (3)(4)Except as provided in s. 558.0035, the fact that a 1685 licensed professional geologist practices through a corporation 1686 or partnership does not relieve the registrant from personal 1687 liability for negligence, misconduct, or wrongful acts committed 1688 by her or him. The partnership and all partners are jointly and 1689 severally liable for the negligence, misconduct, or wrongful 1690 acts committed by their agents, employees, or partners while 1691 acting in a professional capacity. Any officer, agent, or 1692 employee of a corporation is personally liable and accountable 1693 only for negligent acts, wrongful acts, or misconduct committed 1694 by her or him or committed by any person under her or his direct 1695 supervision and control, while rendering professional services 1696 on behalf of the corporation. The personal liability of a 1697 shareholder of a corporation, in her or his capacity as 1698 shareholder, may be no greater than that of a shareholder 1699 employee of a corporation incorporated under chapter 607. The 1700 corporation is liable up to the full value of its property for 1701 any negligent acts, wrongful acts, or misconduct committed by 1702 any of its officers, agents, or employees while they are engaged 1703 on behalf of the corporation in the rendering of professional 1704 services. 1705(5)The firm, corporation, or partnership desiring a1706certificate of authorization shall file with the department an1707application therefor, upon a form to be prescribed by the1708department, accompanied by the required application fee.1709(6)The department may refuse to issue a certificate of1710authorization if any facts exist which would entitle the1711department to suspend or revoke an existing certificate of1712authorization or if the department, after giving persons1713involved a full and fair hearing, determines that any of the1714officers or directors of said firm or corporation, or partners1715of said partnership, have violated the provisions of s. 492.113.1716 Section 61. Subsection (4) of section 492.113, Florida 1717 Statutes, is amended to read: 1718 492.113 Disciplinary proceedings.— 1719 (4) The department shall reissue the license of a 1720 disciplined professional geologistor businessupon 1721 certification by the board that the disciplined person has 1722 complied withall ofthe terms and conditions set forth in the 1723 final order. 1724 Section 62. Section 492.115, Florida Statutes, is amended 1725 to read: 1726 492.115 Roster of licensed professional geologists.—A 1727 roster showing the names and places of business or residence of 1728 all licensed professional geologists and all properly qualified 1729 firms, corporations, or partnerships practicingholding1730certificates of authorization to practiceprofessional geology 1731 in the state shall be prepared annually by the department. A 1732 copy of this roster must be made available toshall be1733obtainable byeach licensed professional geologist and each 1734 firm, corporation, or partnership qualified by a professional 1735 geologistholding a certificate of authorization, and copies 1736 thereof shall be placed on file with the department. 1737 Section 63. Paragraph (i) of subsection (2) of section 1738 548.003, Florida Statutes, is amended to read: 1739 548.003 Florida State Boxing Commission.— 1740 (2) The Florida State Boxing Commission, as created by 1741 subsection (1), shall administer the provisions of this chapter. 1742 The commission has authority to adopt rules pursuant to ss. 1743 120.536(1) and 120.54 to implement the provisions of this 1744 chapter and to implement each of the duties and responsibilities 1745 conferred upon the commission, including, but not limited to: 1746(i)Designation and duties of a knockdown timekeeper.1747 Section 64. Subsection (1) of section 548.017, Florida 1748 Statutes, is amended to read: 1749 548.017 Participants, managers, and other persons required 1750 to have licenses.— 1751 (1) A participant, manager, trainer, second,timekeeper,1752 referee, judge,announcer,physician, matchmaker, or promoter 1753 must be licensed before directly or indirectly acting in such 1754 capacity in connection with any match involving a participant. A 1755 physician approved by the commission must be licensed pursuant 1756 to chapter 458 or chapter 459, must maintain an unencumbered 1757 license in good standing, and must demonstrate satisfactory 1758 medical training or experience in boxing, or a combination of 1759 both, to the executive director before working as the ringside 1760 physician. 1761 Section 65. Effective January 1, 2020, subsection (1) of 1762 section 553.74, Florida Statutes, is amended to read: 1763 553.74 Florida Building Commission.— 1764 (1) The Florida Building Commission is created and located 1765 within the Department of Business and Professional Regulation 1766 for administrative purposes. Members are appointed by the 1767 Governor subject to confirmation by the Senate. The commission 1768 is composed of 2027members, consisting of the following 1769 members: 1770 (a) One architect licensed pursuant to chapter 481 with at 1771 least 5 years of experience in the design and construction of 1772 buildings containing Florida Building Code designated Group R 1773 occupancy at or above 210 feet in height above the elevation of 1774 the lowest level of emergency services accessregistered to1775practice in this state and actively engaged in the profession.1776The American Institute of Architects, Florida Section, is1777encouraged to recommend a list of candidates for consideration. 1778 (b) One structural engineer registered to practice in this 1779 state and actively engaged in the profession. The Florida 1780 Engineering Society is encouraged to recommend a list of 1781 candidates for consideration. 1782 (c) One air-conditioning or mechanical contractor certified 1783 to do business in this state and actively engaged in the 1784 profession. The Florida Air Conditioning Contractors 1785 Association, the Florida Refrigeration and Air Conditioning 1786 Contractors Association, and the Mechanical Contractors 1787 Association of Florida are encouraged to recommend a list of 1788 candidates for consideration. 1789 (d) One electrical contractor certified to do business in 1790 this state and actively engaged in the profession. The Florida 1791 Association of Electrical Contractors and the National 1792 Electrical Contractors Association, Florida Chapter, are 1793 encouraged to recommend a list of candidates for consideration. 1794(e)One member from fire protection engineering or1795technology who is actively engaged in the profession. The1796Florida Chapter of the Society of Fire Protection Engineers and1797the Florida Fire Marshals and Inspectors Association are1798encouraged to recommend a list of candidates for consideration.1799 (e)(f)One certified general contractor or one certified 1800 building contractor certified to do business in this state and 1801 actively engaged in the profession. The Associated Builders and 1802 Contractors of Florida, the Florida Associated General 1803 Contractors Council, the Florida Home Builders Association, and 1804 the Union Contractors Association are encouraged to recommend a 1805 list of candidates for consideration. 1806 (f)(g)One plumbing contractor licensed to do business in 1807 this state and actively engaged in the profession. The Florida 1808 Association of Plumbing, Heating, and Cooling Contractors is 1809 encouraged to recommend a list of candidates for consideration. 1810 (g)(h)One roofing or sheet metal contractor certified to 1811 do business in this state and actively engaged in the 1812 profession. The Florida Roofing, Sheet Metal, and Air 1813 Conditioning Contractors Association and the Sheet Metal and Air 1814 Conditioning Contractors’ National Association are encouraged to 1815 recommend a list of candidates for consideration. 1816 (h)(i)One certified residential contractor licensed to do 1817 business in this state and actively engaged in the profession. 1818 The Florida Home Builders Association is encouraged to recommend 1819 a list of candidates for consideration. 1820 (i)(j)Three members who are municipal, county, or district 1821 codes enforcement officials, one of whom is also a fire 1822 official. The Building Officials Association of Florida and the 1823 Florida Fire Marshals and Inspectors Association are encouraged 1824 to recommend a list of candidates for consideration. 1825 (j) The State Fire Marshal or his or her designee who has 1826 expertise in fire suppression. 1827(k)One member who represents the Department of Financial1828Services. 1829(l)One member who is a county codes enforcement official.1830The Building Officials Association of Florida is encouraged to1831recommend a list of candidates for consideration.1832 (k)(m)One member of a Florida-based organization of 1833 persons with disabilities or a nationally chartered organization 1834 of persons with disabilities with chapters in this state which 1835 complies with or is certified to be compliant with the 1836 requirements of the Americans with Disability Act of 1990, as 1837 amended. 1838 (l)(n)One member of the manufactured buildings industry 1839 who is licensed to do business in this state and is actively 1840 engaged in the industry. The Florida Manufactured Housing 1841 Association is encouraged to recommend a list of candidates for 1842 consideration. 1843 (o) One mechanical or electrical engineer registered to 1844 practice in this state and actively engaged in the profession. 1845 The Florida Engineering Society is encouraged to recommend a 1846 list of candidates for consideration. 1847(p)One member who is a representative of a municipality or1848a charter county. The Florida League of Cities and the Florida1849Association of Counties are encouraged to recommend a list of1850candidates for consideration.1851 (p)(q)One member of the building products manufacturing 1852 industry who is authorized to do business in this state and is 1853 actively engaged in the industry. The Florida Building Material 1854 Association, the Florida Concrete and Products Association, and 1855 the Fenestration Manufacturers Association are encouraged to 1856 recommend a list of candidates for consideration. 1857(r)One member who is a representative of the building1858owners and managers industry who is actively engaged in1859commercial building ownership or management. The Building Owners1860and Managers Association is encouraged to recommend a list of1861candidates for consideration.1862 (q)(s)One member who is a representative of the insurance 1863 industry. The Florida Insurance Council is encouraged to 1864 recommend a list of candidates for consideration. 1865(t)One member who is a representative of public education.1866 (r)(u)One member who is a swimming pool contractor 1867 licensed to do business in this state and actively engaged in 1868 the profession. The Florida Swimming Pool Association and the 1869 United Pool and Spa Association are encouraged to recommend a 1870 list of candidates for consideration. 1871 (s)(v)One member who is a representative of the green 1872 building industry and who is a third-party commission agent, a 1873 Florida board member of the United States Green Building Council 1874 or Green Building Initiative, a professional who is accredited 1875 under the International Green Construction Code (IGCC), or a 1876 professional who is accredited under Leadership in Energy and 1877 Environmental Design (LEED). 1878 (t)(w)One member who is a representative of a natural gas 1879 distribution system and who is actively engaged in the 1880 distribution of natural gas in this state. The Florida Natural 1881 Gas Association is encouraged to recommend a list of candidates 1882 for consideration. 1883(x)One member who is a representative of the Department of1884Agriculture and Consumer Services’ Office of Energy. The1885Commissioner of Agriculture is encouraged to recommend a list of1886candidates for consideration.1887(y)One member who shall be the chair.1888 Section 66. Subsection (3) of section 559.25, Florida 1889 Statutes, is amended to read: 1890 559.25 Exemptions.—The provisions of this part shall not 1891 apply to or affect the following persons: 1892(3)Duly licensed auctioneers, selling at auction.1893 Section 67. Paragraphs (h) and (k) of subsection (2) of 1894 section 287.055, Florida Statutes, are amended to read: 1895 287.055 Acquisition of professional architectural, 1896 engineering, landscape architectural, or surveying and mapping 1897 services; definitions; procedures; contingent fees prohibited; 1898 penalties.— 1899 (2) DEFINITIONS.—For purposes of this section: 1900 (h) A “design-build firm” means a partnership, corporation, 1901 or other legal entity that: 1902 1. Is certified under s. 489.119 to engage in contracting 1903 through a certified or registered general contractor or a 1904 certified or registered building contractor as the qualifying 1905 agent; or 1906 2. Is qualifiedcertifiedunder s. 471.023 to practice or 1907 to offer to practice engineering; qualifiedcertifiedunder s. 1908 481.219 to practice or to offer to practice architecture; or 1909 qualifiedcertifiedunder s. 481.319 to practice or to offer to 1910 practice landscape architecture. 1911 (k) A “design criteria professional” means a firm that is 1912 qualifiedwho holds a current certificate of registrationunder 1913 chapter 481 to practice architecture or landscape architecture 1914 or a firm who holds a current certificate as a registered 1915 engineer under chapter 471 to practice engineering and who is 1916 employed by or under contract to the agency for the providing of 1917 professional architect services, landscape architect services, 1918 or engineering services in connection with the preparation of 1919 the design criteria package. 1920 Section 68. Except as otherwise expressly provided in this 1921 act, this act shall take effect July 1, 2019.