SB 1666 full text · Session Watch

Florida Senate - 2026 SB 1666 By Senator Burgess 23-00733B-26 20261666__

1 A bill to be entitled

2 An act relating to the Department of Business and

3 Professional Regulation; amending s. 20.165, F.S.;

4 revising the list of boards and programs established

5 under the Division of Professions within the

6 department; conforming provisions to changes made by

7 the act; amending s. 326.002, F.S.; designating the

8 Division of Professions of the department as the

9 division overseeing yacht and ship brokers; amending

10 s. 326.006, F.S.; designating the Professional

11 Regulation Trust Fund as the trust fund related to the

12 regulation of yacht and ship brokers; revising that

13 all fees related to the regulation of yacht and ship

14 brokers be deposited in the Professional Regulation

15 Trust Fund, rather than the Division of Florida

16 Condominiums, Timeshares, and Mobile Homes Trust Fund;

17 amending s. 399.035, F.S.; revising elevator

18 accessibility requirements for ambulance stretchers;

19 amending s. 455.02, F.S.; providing that members of

20 the Armed Forces in good standing and their spouses or

21 surviving spouses who apply to administrative boards

22 or programs for licensure are required to submit

23 fingerprints only for those professions that require

24 fingerprints for initial licensure; amending s.

25 455.213, F.S.; deleting a requirement that the board

26 regulating cosmetologists or cosmetology specialists

27 review an applicant’s criminal record; requiring

28 specified persons or entities to create and maintain

29 an account with the department’s online system;

30 requiring such persons or entities to provide

31 specified information on the department’s online

32 system; requiring such persons to use forms furnished

33 by the department; prohibiting the department from

34 processing an application not submitted through its

35 online system; amending s. 471.015, F.S.; revising the

36 criteria for the Board of Professional Engineers to

37 certify applicants as qualified for licensure by

38 endorsement as engineers; amending s. 473.3065, F.S.;

39 renaming the Certified Public Accountant Education

40 Minority Assistance Advisory Council as the Certified

41 Public Accountant Education Opportunity Assistance

42 Advisory Council; revising the purpose of the Clay

43 Ford Scholarship Program; revising eligibility

44 criteria for receipt of the scholarship; revising the

45 criteria for membership and filling a vacancy on the

46 council; amending s. 475.628, F.S.; prohibiting the

47 board regulating appraisers from adopting standards

48 that violate the laws of this state; deleting a

49 requirement that an appraiser comply with certain

50 standards for nonfederally related transactions;

51 amending s. 476.034, F.S.; revising the definition of

52 the term “barbershop”; amending s. 476.054, F.S.;

53 deleting certain prohibitions on term limits for

54 persons appointed to serve on the Barbers’ Board;

55 amending s. 476.064, F.S.; deleting what constitutes a

56 quorum at board meetings; amending s. 476.184, F.S.;

57 requiring the department to adopt rules; requiring a

58 mobile barbershop to comply with all licensure and

59 operating requirements that apply to a barbershop at a

60 fixed location; providing an exception; requiring a

61 mobile barbershop to have a permanent business address

62 in a specified location; requiring that certain

63 records be kept at the permanent business address;

64 requiring a mobile barbershop licenseholder to file

65 with the department a written monthly itinerary that

66 provides certain information; requiring a mobile

67 barbershop licenseholder to comply with certain laws

68 and ordinances; making technical changes; amending s.

69 476.188, F.S.; providing that a barbershop must be

70 licensed, rather than registered, with the department;

71 authorizing the practice of barbering to be performed

72 in a location other than a licensed barbershop under

73 certain circumstances; conforming provisions to

74 changes made by the act; amending s. 477.015, F.S.;

75 revising the number of, and criteria for, members of

76 the Board of Cosmetology; deleting a prohibition

77 against a specified number of consecutive term limits;

78 deleting what constitutes a quorum at board meetings;

79 amending s. 481.213, F.S.; revising the criteria for

80 the Board of Architecture and Interior Design to

81 certify applicants as qualified for licensure by

82 endorsement as architects or for registration as

83 registered interior designers; conforming provisions

84 to changes made by the act; making technical changes;

85 amending s. 489.107, F.S.; revising the quorum

86 requirements of the Construction Industry Licensing

87 Board; making a technical change; amending s. 489.111,

88 F.S.; deleting a requirement that the Department of

89 Business and Professional Regulation ensure a

90 sensitivity review committee is established; amending

91 s. 489.115, F.S.; revising the criteria for the

92 Construction Industry Licensing Board to certify

93 applicants as qualified for certification by

94 endorsement for a construction contractor’s license;

95 amending s. 489.511, F.S.; revising the criteria for

96 the Electrical Contractors’ Licensing Board to certify

97 applicants as qualified for certification by

98 endorsement for an electrical contractor’s license;

99 amending s. 499.012, F.S.; revising permit application

100 requirements for a prescription drug wholesale

101 distributor; amending s. 499.0121, F.S.; revising the

102 list of responsible persons a prescription drug

103 wholesale distributor is required to establish and

104 maintain; repealing s. 499.01211, F.S., relating to

105 the Drug Wholesale Distributor Advisory Council;

106 amending s. 499.041, F.S.; deleting a requirement that

107 the department assess each person applying for

108 certification as a designated representative a fee,

109 plus the cost of processing a criminal history record

110 check; amending ss. 499.0661 and 499.067, F.S.;

111 conforming provisions to changes made by the act;

112 amending s. 509.2015, F.S.; revising where a public

113 lodging establishment must post notice of a telephone

114 surcharge; deleting the size of such notice; amending

115 s. 553.73, F.S.; requiring local amendments to the

116 administrative provisions of the Florida Building Code

117 be more stringent than the minimum standards described

118 in this section; making technical changes; amending s.

119 553.791, F.S.; revising the requirements for private

120 providers or any duly authorized representatives who

121 perform certain plan reviews or inspections; requiring

122 the department to adopt rules; reenacting ss.

123 120.54(3)(c) and 120.74(2)(b) and (3)(a), F.S.,

124 relating to adoption procedures and agency annual

125 rulemaking and regulatory plans and reports,

126 respectively, to incorporate the amendment made to s.

127 20.165, F.S., in references thereto; reenacting ss.

128 326.003 and 326.004(5) and (7)(b), F.S., relating to

129 administration and licensing, respectively, to

130 incorporate the amendment made to s. 326.001, F.S., in

131 references thereto; reenacting ss. 499.003(4), F.S.,

132 relating to definitions of terms, to incorporate the

133 amendment made to s. 499.012, F.S., in a reference

134 thereto; providing an effective date.

136 Be It Enacted by the Legislature of the State of Florida:

138 Section 1. Paragraph (a) of subsection (4) and subsection

139 (5) of section 20.165, Florida Statutes, are amended to read:

140 20.165 Department of Business and Professional Regulation.

141 There is created a Department of Business and Professional

142 Regulation.

143 (4)(a) The following boards , ~~and~~ programs , commissions, and

144 councils are established within the Division of Professions:

145 1. Board of Architecture and Interior Design, created under

146 part I of chapter 481.

147 2. Florida Board of Auctioneers, created under part VI of

148 chapter 468.

149 3. Barbers’ Board, created under chapter 476.

150 4. Florida Building Code Administrators and Inspectors

151 Board, created under part XII of chapter 468.

152 5. Construction Industry Licensing Board, created under

153 part I of chapter 489.

154 6. Board of Cosmetology, created under chapter 477.

155 7. Electrical Contractors’ Licensing Board, created under

156 part II of chapter 489.

157 8. Board of Employee Leasing Companies, created under part

158 XI of chapter 468.

159 9. Board of Landscape Architecture, created under part II

160 of chapter 481.

161 10. Board of Pilot Commissioners, created under chapter

162 310.

163 11. Board of Professional Engineers, created under chapter

164 471.

165 12. Board of Professional Geologists, created under chapter

166 492.

167 13. Board of Veterinary Medicine, created under chapter

168 474.

169 14. Home inspection services licensing program, created

170 under part XV of chapter 468.

171 15. Mold-related services licensing program, created under

172 part XVI of chapter 468.

173 16. Talent agency licensing program, created under part VII

174 of chapter 468.

175 17. Florida Building Commission, created under chapter 553.

176 18. Regulatory Council of Community Association Managers,

177 created under part VIII of chapter 468.

178 19. Yacht and ship brokers licensing program, created under

179 chapter 326.

180 (5) The members of each board , commission, or council

181 established pursuant to subsection (4) shall be appointed by the

182 Governor, subject to confirmation by the Senate. Consumer

183 members on the board , commission, or council are ~~shall be~~

184 appointed pursuant to subsection (6). Members are ~~shall be~~

185 appointed for 4-year terms, and such terms ~~shall~~ expire on

186 October 31. However, a term of less than 4 years may be used

187 ~~utilized~~ to ensure that:

188 (a) No more than two members’ terms expire during the same

189 calendar year for boards consisting of seven or eight members.

190 (b) No more than 3 members’ terms expire during the same

191 calendar year for boards consisting of 9 to 12 members.

192 (c) No more than 5 members’ terms expire during the same

193 calendar year for boards consisting of 13 or more members.

195 A member whose term has expired continues ~~shall continue~~ to

196 serve on the board until such time as a replacement is

197 appointed. A vacancy on the board is ~~shall be~~ filled for the

198 unexpired portion of the term in the same manner as the original

199 appointment. No member may serve for more than the remaining

200 portion of a previous member’s unexpired term, plus two

201 consecutive 4-year terms of the member’s own appointment

202 thereafter.

203 Section 2. Subsection (2) of section 326.002, Florida

204 Statutes, is amended to read:

205 326.002 Definitions.—As used in ss. 326.001-326.006, the

206 term:

207 (2) “Division” means the Division of Professions ~~Florida~~

208 ~~Condominiums, Timeshares, and Mobile Homes~~ of the Department of

209 Business and Professional Regulation.

210 Section 3. Paragraph (d) of subsection (2) and subsection

211 (3) of section 326.006, Florida Statutes, are amended to read:

212 326.006 Powers and duties of division.—

213 (2) The division has the power to enforce and ensure

214 compliance with the provisions of this chapter and rules adopted

215 under this chapter relating to the sale and ownership of yachts

216 and ships. In performing its duties, the division has the

217 following powers and duties:

218 (d) Notwithstanding any remedies available to a yacht or

219 ship purchaser, if the division has reasonable cause to believe

220 that a violation of ~~any provision of~~ this chapter or rule

221 adopted under this chapter has occurred, the division may

222 institute enforcement proceedings in its own name against any

223 broker or salesperson or any of his or her assignees or agents,

224 or against any unlicensed person or any of his or her assignees

225 or agents, as follows:

226 1. The division may permit a person whose conduct or

227 actions are under investigation to waive formal proceedings and

228 enter into a consent proceeding whereby orders, rules, or

229 letters of censure or warning, whether formal or informal, may

230 be entered against the person.

231 2. The division may issue an order requiring the broker or

232 salesperson or any of his or her assignees or agents, or

233 requiring any unlicensed person or any of his or her assignees

234 or agents, to cease and desist from the unlawful practice and

235 take such affirmative action as in the judgment of the division

236 will carry out the purposes of this chapter.

237 3. The division may bring an action in circuit court on

238 behalf of a class of yacht or ship purchasers for declaratory

239 relief, injunctive relief, or restitution.

240 4. The division may impose a civil penalty against a broker

241 or salesperson or any of his or her assignees or agents, or

242 against an unlicensed person or any of his or her assignees or

243 agents, for any violation of this chapter or a rule adopted

244 under this chapter. A penalty may be imposed for each day of

245 continuing violation, but in no event may the penalty for any

246 offense exceed $10,000. All amounts collected must be deposited

247 with the Chief Financial Officer to the credit of the

248 Professional Regulation ~~Division of Florida Condominiums,~~

249 ~~Timeshares, and Mobile Homes~~ Trust Fund. If a broker,

250 salesperson, or unlicensed person working for a broker, fails to

251 pay the civil penalty, the division must ~~shall~~ issue an order

252 suspending the broker’s license until such time as the civil

253 penalty is paid or may pursue enforcement of the penalty in a

254 court of competent jurisdiction. The order imposing the civil

255 penalty or the order of suspension may not become effective

256 until 20 days after the date of such order. Any action commenced

257 by the division must be brought in the county in which the

258 division has its executive offices or in the county where the

259 violation occurred.

260 (3) All fees must be deposited in the Professional

261 Regulation ~~Division of Florida Condominiums, Timeshares, and~~

262 ~~Mobile Homes~~ Trust Fund as provided by law.

263 Section 4. Subsection (2) of section 399.035, Florida

264 Statutes, is amended to read:

265 399.035 Elevator accessibility requirements for the

266 physically handicapped.—

267 (2) Any building that is more than three stories high or in

268 which the vertical distance between the bottom terminal landing

269 and the top terminal landing exceeds 25 feet must be constructed

270 to contain at least one passenger elevator that is operational

271 and will accommodate the an ambulance stretcher size specified

272 in the Florida Building Code edition that was in effect at the

273 time of receipt of application for the construction permit for

274 the elevator ~~76 inches long and 24 inches wide in the horizontal~~

275 ~~position~~ .

276 Section 5. Paragraph (a) of subsection (3) of section

277 455.02, Florida Statutes, is amended to read:

278 455.02 Licensure of members of the Armed Forces in good

279 standing and their spouses or surviving spouses with

280 administrative boards or programs.—

281 (3)(a) The department shall issue a professional license to

282 an applicant who is or was an active duty member of the Armed

283 Forces of the United States, or who is a spouse or surviving

284 spouse of such member, upon application to the department in a

285 format prescribed by the department. An application must include

286 proof that:

287 1. The applicant is or was an active duty member of the

288 Armed Forces of the United States or is married to a member of

289 the Armed Forces of the United States and was married to the

290 member during any period of active duty or was married to such a

291 member who at the time of the member’s death was serving on

292 active duty. An applicant who was an active duty member of the

293 Armed Forces of the United States must have received an

294 honorable discharge upon separation or discharge from the Armed

295 Forces of the United States.

296 2. The applicant holds a valid license for the profession

297 issued by another state, the District of Columbia, any

298 possession or territory of the United States, or any foreign

299 jurisdiction.

300 3. The applicant, where required by the specific practice

301 act, has complied with insurance or bonding requirements.

302 4.a. A complete set of the applicant’s fingerprints is

303 submitted to the Department of Law Enforcement for a statewide

304 criminal history check for those professions that require

305 fingerprints for initial licensure .

306 b. The Department of Law Enforcement shall forward the

307 fingerprints submitted pursuant to sub-subparagraph a. to the

308 Federal Bureau of Investigation for a national criminal history

309 check. The department shall, and the board may, review the

310 results of the criminal history checks according to the level 2

311 screening standards in s. 435.04 and determine whether the

312 applicant meets the licensure requirements. The costs of

313 fingerprint processing shall be borne by the applicant. If the

314 applicant’s fingerprints are submitted through an authorized

315 agency or vendor, the agency or vendor shall collect the

316 required processing fees and remit the fees to the Department of

317 Law Enforcement.

318 Section 6. Paragraphs (a) and (b) of subsection (3) and

319 subsection (12) of section 455.213, Florida Statutes, are

320 amended to read:

321 455.213 General licensing provisions.—

322 (3)(a) Notwithstanding any other law, the applicable board

323 shall use the process in this subsection for review of an

324 applicant’s criminal record to determine his or her eligibility

325 for licensure as:

326 1. A barber under chapter 476;

327 2. ~~A cosmetologist or cosmetology specialist under chapter~~

328 ~~477;~~

329 3. Any of the following construction professions under

330 chapter 489:

331 a. Air-conditioning contractor;

332 b. Electrical contractor;

333 c. Mechanical contractor;

334 d. Plumbing contractor;

335 e. Pollutant storage systems contractor;

336 f. Roofing contractor;

337 g. Sheet metal contractor;

338 h. Solar contractor;

339 i. Swimming pool and spa contractor;

340 j. Underground utility and excavation contractor; or

341 k. Other specialty contractors; or

342 3. 4. Any other profession for which the department issues a

343 license, provided the profession is offered to inmates in any

344 correctional institution or correctional facility as vocational

345 training or through an industry certification program.

346 (b)1. A conviction, or any other adjudication, for a crime

347 more than 5 years before the date the application is received by

348 the applicable board may not be grounds for denial of a license

349 specified in paragraph (a). For purposes of this paragraph, the

350 term “conviction” means a determination of guilt that is the

351 result of a plea or trial, regardless of whether adjudication is

352 withheld. This paragraph does not limit the applicable board

353 from considering an applicant’s criminal history that includes a

354 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but

355 only if such criminal history has been found to relate to the

356 practice of the applicable profession.

357 2. The applicable board may consider the criminal history

358 of an applicant for licensure under subparagraph (a)2.

359 ~~subparagraph (a)3.~~ if such criminal history has been found to

360 relate to good moral character.

361 (12) (a) A person or an entity licensed or permitted by the

362 Division of Professions or the Division of Real Estate, or

363 applying for a license or a permit, must create and maintain an

364 account with the department’s online system and provide an e

365 mail address to the department to function as the primary means

366 of contact for all communication by the department to the

367 licensee, permitholder, or applicant. Licensees, permitholders,

368 and applicants are responsible for maintaining accurate contact

369 information on file with the department. A person or an entity

370 seeking a license or a permit under this chapter or under the

371 applicable practice act must apply using forms furnished by the

372 department which are filed through the department’s online

373 system before the person or entity commences operations. The

374 department may not process an application for a license or a

375 permit issued by the department under this chapter or under the

376 applicable practice act unless the application is submitted

377 through the department’s online system ~~Any submission required~~

378 ~~to be in writing may otherwise be required by the department to~~

379 ~~be made by electronic means~~ .

380 (b) The department is authorized to contract with private

381 vendors, or enter into interagency agreements, to collect

382 electronic fingerprints where fingerprints are required for

383 registration, certification, or the licensure process or where

384 criminal history record checks are required.

385 Section 7. Subsection (3) of section 471.015, Florida

386 Statutes, is amended to read:

387 471.015 Licensure.—

388 (3) The board shall certify as qualified for a license by

389 endorsement an applicant who:

390 (a) Qualifies to take the fundamentals examination and the

391 principles and practice examination as set forth in s. 471.013,

392 has passed a United States national, regional, state, or

393 territorial licensing examination that is substantially

394 equivalent to the fundamentals examination and principles and

395 practice examination required by s. 471.013, and has satisfied

396 the experience requirements set forth in paragraph (2)(a) and s.

397 471.013; or

398 (b) Holds a valid license to practice engineering issued by

399 another state or territory of the United States, if the criteria

400 for issuance of the license were substantially the same as the

401 licensure criteria that existed in this state at the time the

402 license was issued ; or

403 (c) Holds a valid license to practice engineering issued by

404 a foreign jurisdiction approved by the board and holds an active

405 council record with the National Council of Examiners for

406 Engineering and Surveying .

407 Section 8. Section 473.3065, Florida Statutes, is amended

408 to read:

409 473.3065 Clay Ford Scholarship Program; Certified Public

410 Accountant Education Opportunity ~~Minority~~ Assistance Advisory

411 Council.—

412 (1) The Clay Ford Scholarship Program for Florida residents

413 is hereby established in the division for the purpose of

414 providing scholarships to ~~minority persons as defined in s.~~

415 ~~288.703 who are~~ students enrolled in their fifth year of an

416 accounting education program at an institution in this state

417 approved by the board by rule. A Certified Public Accountant

418 Education Opportunity ~~Minority~~ Assistance Advisory Council shall

419 assist the board in administering the program.

420 (2) All moneys used to provide scholarships under the Clay

421 Ford Scholarship Program shall be funded by a portion of

422 existing license fees, as set by the board, not to exceed $10

423 per license. Such moneys shall be deposited into the

424 Professional Regulation Trust Fund in a separate account

425 maintained for that purpose. The department may spend up to

426 $200,000 per year for the program from this program account but

427 may not allocate overhead charges to it. Moneys for scholarships

428 shall be disbursed twice per year upon recommendation of the

429 advisory council and approval by the board, based on the adopted

430 eligibility criteria and comparative evaluation of all

431 applicants. Funds in the program account may be invested by the

432 Chief Financial Officer under the same limitations as apply to

433 investment of other state funds, and all interest earned thereon

434 shall be credited to the program account.

435 (3) The board shall adopt rules as necessary for

436 administration of the Clay Ford Scholarship Program, including

437 rules relating to the following:

438 (a) Eligibility criteria for receipt of a scholarship,

439 which, at a minimum, shall include the following factors:

440 1. Financial need.

441 2. ~~Ethnic, gender, or racial minority status pursuant to s.~~

442 ~~288.703(4).~~

443 3. Scholastic ability and performance.

444 (b) Scholarship application procedures.

445 (c) Amounts in which scholarships may be provided, the

446 total amount that may be provided, the timeframe for payments or

447 partial payments, and criteria for how scholarship funds may be

448 expended.

449 (d) The total amount of scholarships that can be made each

450 year.

451 (e) The minimum balance that must be maintained in the

452 program account.

453 (4) Determinations made by the board regarding recipients

454 of scholarship moneys may ~~shall~~ not be considered agency action

455 for purposes of chapter 120.

456 (5) It is unlawful for any person or agent of such person

457 to knowingly file with the board any notice, statement, or other

458 document that is false or that contains any material

459 misstatement of fact. A person who violates this subsection

460 commits a misdemeanor of the second degree, punishable as

461 provided in s. 775.082 or s. 775.083.

462 (6) There is hereby created the Certified Public Accountant

463 Education Opportunity ~~Minority~~ Assistance Advisory Council to

464 assist the board in administering the Clay Ford Scholarship

465 Program. ~~The council shall be diverse and representative of the~~

466 ~~gender, ethnic, and racial categories set forth in s.~~

467 ~~288.703(4).~~

468 (a) The council shall consist of five licensed Florida

469 certified public accountants selected by the board, of whom one

470 shall be a board member who serves as chair of the council ~~, one~~

471 ~~shall be a representative of the National Association of Black~~

472 ~~Accountants, one shall be a representative of the Cuban American~~

473 ~~CPA Association, and two shall be selected at large. At least~~

474 ~~one member of the council must be a woman~~ .

475 (b) The board shall determine the terms for initial

476 appointments and appointments thereafter.

477 (c) ~~Any vacancy on the council shall be filled in the~~

478 ~~manner provided for the selection of the initial member.~~ Any

479 member appointed to fill a vacancy of an unexpired term shall be

480 appointed for the remainder of that term.

481 (d) Three consecutive absences or absences constituting 50

482 percent or more of the council’s meetings within any 12-month

483 period shall cause the council membership of the member in

484 question to become void, and the position shall be considered

485 vacant.

486 (e) The members of the council shall serve without

487 compensation, and any necessary and actual expenses incurred by

488 a member while engaged in the business of the council shall be

489 borne by such member or by the organization or agency such

490 member represents. However, the council member who is a member

491 of the board shall be compensated in accordance with ss.

492 455.207(4) and 112.061.

493 Section 9. Section 475.628, Florida Statutes, is amended to

494 read:

495 475.628 Professional standards for appraisers registered,

496 licensed, or certified under this part.—

497 (1) The board shall adopt rules establishing standards of

498 professional practice which meet or exceed nationally recognized

499 standards of appraisal practice, including standards adopted by

500 the Appraisal Standards Board of the Appraisal Foundation ,

501 except for those standards that otherwise violate the laws of

502 this state . Each appraiser registered, licensed, or certified

503 under this part must comply with the rules , except for those

504 rules that otherwise violate the laws of this state . Statements

505 on appraisal standards which may be issued for the purpose of

506 clarification, interpretation, explanation, or elaboration

507 through the Appraisal Foundation are binding on any appraiser

508 registered, licensed, or certified under this part, upon

509 adoption by rule of the board.

510 (2) The board may adopt rules establishing standards of

511 professional practice other than standards adopted by the

512 Appraisal Standards Board of the Appraisal Foundation for

513 nonfederally related transactions. The board shall require that

514 when performing an appraisal or appraisal service for any

515 purpose other than a federally related transaction, an appraiser

516 must comply with the ~~Ethics and Competency Rules of the~~

517 ~~standards adopted by the Appraisal Standards Board of the~~

518 ~~Appraisal Foundation, and other~~ requirements as determined by

519 rule of the board. An assignment completed using alternate

520 standards does not satisfy the experience requirements under s.

521 475.617 unless the assignment complies with the standards

522 adopted by the Appraisal Standards Board of the Appraisal

523 Foundation.

524 Section 10. Subsection (3) of section 476.034, Florida

525 Statutes, is amended to read:

526 476.034 Definitions.—As used in this act:

527 (3) “Barbershop” means a licensed ~~any~~ place of business

528 wherein the practice of barbering is carried on.

529 Section 11. Subsection (4) of section 476.054, Florida

530 Statutes, is amended to read:

531 476.054 Barbers’ Board.—

532 (4) ~~No person shall be appointed to serve more than two~~

533 ~~consecutive terms.~~ Any vacancy shall be filled by appointment by

534 the Governor for the unexpired portion of the term.

535 Section 12. Subsection (3) of section 476.064, Florida

536 Statutes, is amended to read:

537 476.064 Organization; headquarters; personnel; meetings.—

538 (3) The board shall hold an annual meeting and such other

539 meetings during the year as it may determine to be necessary.

540 The chair of the board may call other meetings at her or his

541 discretion. ~~A quorum of the board shall consist of not less than~~

542 ~~four members.~~

543 Section 13. Section 476.184, Florida Statutes, is amended

544 to read:

545 476.184 Barbershop licensure; requirements; fee;

546 inspection; license display ; mobile barbershops .—

547 (1) A No barbershop may not ~~shall~~ be permitted to operate

548 without a license issued by the department.

549 (2) The board shall adopt rules governing the licensure and

550 operation of a barbershop and its facilities, personnel, safety

551 and sanitary requirements, and the license application and

552 granting process.

553 (3) Any person, firm, or corporation desiring to operate a

554 barbershop in the state shall submit to the department an

555 application upon forms provided by the department and

556 accompanied by any relevant information requested by the

557 department and by an application fee.

558 (4) Upon receiving the application, the department may

559 cause an investigation to be made of the proposed barbershop.

560 (5) When an applicant fails to meet all the requirements

561 provided in this section, the department shall deny the

562 application in writing and shall list the specific requirements

563 not met. An No applicant denied licensure because of failure to

564 meet the requirements of this section may not ~~shall~~ be precluded

565 from reapplying for licensure.

566 (6) When the department determines that the proposed

567 barbershop meets the requirements set forth in this section, the

568 department shall grant the license upon such conditions as it

569 deems proper and upon payment of the original licensing fee.

570 (7) A No license for operation of a barbershop may not be

571 transferred from the name of the original licensee to another.

572 It may be transferred from one location to another only after

573 inspection and approval by the department, which approval may

574 ~~shall~~ not be unreasonably withheld, and payment of a $125

575 transfer fee.

576 (8) Renewal of license registration for barbershops must

577 ~~shall~~ be accomplished pursuant to rules adopted by the board.

578 The board is further authorized to adopt rules governing

579 delinquent renewal of licenses and may impose penalty fees for

580 delinquent renewal.

581 (9) The board is authorized to adopt rules governing the

582 operation and periodic inspection of barbershops licensed under

583 this chapter.

584 (10) Each barbershop shall display, in a conspicuous place,

585 the barbershop license and each individual licensee’s

586 certificate.

587 (11)(a) The department shall adopt rules governing the

588 licensure, operation, and inspection of mobile barbershops,

589 including their facilities, personnel, and safety and sanitary

590 requirements.

591 (b) A mobile barbershop shall comply with all licensure and

592 operating requirements specified in this chapter, chapter 455,

593 or rules of the department which apply to barbershops at fixed

594 locations, except to the extent that such requirements conflict

595 with this subsection or rules adopted pursuant to this

596 subsection.

597 (c) A mobile barbershop shall maintain a permanent business

598 address, located in the inspection area of the local department

599 office, at which records of appointments, itineraries, employee

600 license numbers, and vehicle identification number of any

601 vehicle used by the licenseholder as a mobile barbershop must be

602 kept and made available for verification purposes by department

603 personnel, and at which correspondence from the department can

604 be received.

605 (d) To facilitate periodic inspections of a mobile

606 barbershop, before the beginning of each month each mobile

607 barbershop licenseholder shall file with the department a

608 written monthly itinerary listing the locations where and the

609 dates and hours when the mobile barbershop will be operating.

610 (e) A licenseholder shall comply with all local laws and

611 ordinances regulating business establishments, with all

612 applicable requirements of the Americans with Disabilities Act

613 relating to accommodations for persons with disabilities, and

614 with all applicable requirements of the Occupational Safety and

615 Health Administration.

616 Section 14. Section 476.188, Florida Statutes, is amended

617 to read:

618 476.188 Barber services to be performed in a licensed

619 ~~registered~~ barbershop; exception.—

620 (1) Barber services shall be performed only by licensed

621 barbers in registered barbershops, except as otherwise provided

622 in this section.

623 (2) Pursuant to rules established by the board, barber

624 services may be performed by a licensed barber in a location

625 other than a licensed ~~registered~~ barbershop, including, but not

626 limited to, a nursing home, hospital, or residence, when a

627 client for reasons of ill health is unable to go to a licensed

628 ~~registered~~ barbershop. Arrangements for the performance of

629 barber services in a location other than a licensed ~~registered~~

630 barbershop must ~~shall~~ be made only through a licensed ~~registered~~

631 barbershop. However, a barber may shampoo, cut, or arrange hair

632 in a location other than a licensed ~~registered~~ barbershop

633 without such arrangements.

634 (3) Any person who holds a valid barber’s license in any

635 state or who is authorized to practice barbering in any country,

636 territory, or jurisdiction of the United States may perform

637 barber services in a location other than a licensed ~~registered~~

638 barbershop when such services are performed in connection with

639 the motion picture, fashion photography, theatrical, or

640 television industry; a manufacturer trade show demonstration; or

641 an educational seminar.

642 (4) Pursuant to rules adopted by the department, the

643 practice of barbering may be performed in a location other than

644 a licensed barbershop when performed in connection with a

645 special event and performed by a person who holds the proper

646 license.

647 Section 15. Subsections (2), (3), and (6) of section

648 477.015, Florida Statutes, are amended to read:

649 477.015 Board of Cosmetology.—

650 (2) Four ~~Five~~ members of the board shall be licensed

651 cosmetologists and shall have been engaged in the practice of

652 cosmetology in this state for not less than 5 years , two members

653 must be registered as specialists in any specialty practice

654 within the practice of cosmetology, and one member must ~~. Two~~

655 ~~members~~ ~~of the board shall~~ be a layperson ~~laypersons~~ . Each board

656 member shall be a resident of this state and shall have been a

657 resident of this state for not less than 5 continuous years.

658 (3) The Governor may at any time fill vacancies on the

659 board for the remainder of unexpired terms. Each member of the

660 board shall hold over after the expiration of his or her term

661 until a successor is duly appointed and qualified. ~~No board~~

662 ~~member shall serve more than two consecutive terms, whether full~~

663 ~~or partial.~~

664 (6) The board shall hold such meetings during the year as

665 it may determine to be necessary, one of which shall be the

666 annual meeting. The chair of the board shall have the authority

667 to call other meetings at his or her discretion. ~~A quorum of the~~

668 ~~board shall consist of not less than four members.~~

669 Section 16. Subsections (3) and (4) of section 481.213,

670 Florida Statutes, are amended to read:

671 481.213 Licensure and registration.—

672 (3) The board shall certify as qualified for a license by

673 endorsement as an architect or registration as a registered

674 interior designer an applicant who:

675 (a) Qualifies to take the prescribed licensure or

676 ~~registration~~ examination, and has passed the prescribed

677 licensure ~~or registration~~ examination or a substantially

678 equivalent examination in another jurisdiction, as set forth in

679 s. 481.209 for architects or registered interior designers, as

680 applicable, and has satisfied the internship requirements set

681 forth in s. 481.211 for architects;

682 (b) Holds a valid license to practice architecture or a

683 license, registration, or certification to practice interior

684 design issued by another jurisdiction of the United States, if

685 the criteria for issuance of such license were substantially

686 equivalent to the licensure criteria that existed in this state

687 at the time the license was issued; or

688 (c) ~~Has passed the prescribed licensure examination and~~

689 Holds a valid certificate issued by the National Council of

690 Architectural Registration Boards, and holds a valid license to

691 practice architecture issued by another state , another or

692 jurisdiction of the United States , or a foreign jurisdiction

693 approved by the board .

695 An architect who is licensed in another state , another

696 jurisdiction of the United States, or a foreign jurisdiction

697 approved by the board who seeks qualification for licensure

698 ~~license~~ by endorsement under this subsection must complete a 2

699 hour class approved by the board on wind mitigation techniques.

700 (4) The board may refuse to certify any applicant who has

701 violated ~~any of the provisions of~~ s. 481.223, s. 481.225, or s.

702 481.2251, as applicable.

703 Section 17. Subsection (5) of section 489.107, Florida

704 Statutes, is amended to read:

705 489.107 Construction Industry Licensing Board.—

706 (5) Fifty-one percent or more of the appointed ~~Five~~ members

707 of Division I constitute a quorum, and 51 percent or more of the

708 appointed ~~five~~ members of Division II constitute a quorum. The

709 combined divisions shall meet together at such times as the

710 board deems necessary, but neither division, nor any committee

711 thereof, may ~~shall~~ take action on any matter under the

712 jurisdiction of the other division. However, if either division

713 is unable to obtain a quorum ~~for the purpose of conducting~~

714 ~~disciplinary proceedings~~ , it may request members of the other

715 division, who are otherwise qualified to serve on the division

716 unable to obtain a quorum, to join in its deliberations. Such

717 additional members shall vote and count toward a quorum ~~only~~

718 ~~during those disciplinary proceedings~~ .

719 Section 18. Subsection (4) of section 489.111, Florida

720 Statutes, is amended to read:

721 489.111 Licensure by examination.—

722 ~~(4) The department shall ensure that a sensitivity review~~

723 ~~committee has been established including representatives of~~

724 ~~various ethnic/minority groups. No question found by this~~

725 ~~committee to be discriminatory against any ethnic/minority group~~

726 ~~shall be included in the examination.~~

727 Section 19. Subsection (3) of section 489.115, Florida

728 Statutes, is amended to read:

729 489.115 Certification and registration; endorsement;

730 reciprocity; renewals; continuing education.—

731 (3) The board shall certify as qualified for certification

732 by endorsement any applicant who:

733 (a) Meets the requirements for certification as set forth

734 in this section; has passed a national, regional, state, or

735 United States territorial licensing examination that is

736 substantially equivalent to the examination required by this

737 part; and has satisfied the requirements set forth in s.

738 489.111;

739 (b) Holds a valid license to practice contracting issued by

740 another state or territory of the United States, if the criteria

741 for issuance of such license were substantially equivalent to

742 Florida’s current certification criteria;

743 (c) Holds a valid, current license to practice contracting

744 issued by another state or territory of the United States, if

745 the state or territory has entered into a reciprocal agreement

746 with the board for the recognition of contractor licenses issued

747 in that state, based on criteria for the issuance of such

748 licenses that are substantially equivalent to the criteria for

749 certification in this state; or

750 (d) Has held a valid, current license to practice

751 contracting issued by another state or territory of the United

752 States , or a county or municipality within a state or territory

753 of the United States, for at least 10 years before the date of

754 application and is applying for the same or similar license in

755 this state, subject to subsections (5)-(9). The board may

756 consider an applicant’s technical competence to ensure the

757 applicant is able to meet the requirements of this state’s codes

758 and standards for wind mitigation and water intrusion. The board

759 may also consider whether such applicant has had a license to

760 practice contracting revoked, suspended, or otherwise acted

761 against by the licensing authority of another state, territory,

762 county, municipality, or country. Such application must be made

763 either when the license in another state , or territory , county,

764 or municipality is active or within 2 years after such license

765 was last active. Division I contractors and roofing contractors

766 must complete a 2-hour course on the Florida Building Code which

767 includes information on wind mitigation techniques. The required

768 courses may be completed online.

769 Section 20. Subsection (5) of section 489.511, Florida

770 Statutes, is amended to read:

771 489.511 Certification; application; examinations;

772 endorsement.—

773 (5) The board shall certify as qualified for certification

774 by endorsement any individual applying for certification who:

775 (a) Meets the requirements for certification as set forth

776 in this section; has passed a national, regional, state, or

777 United States territorial licensing examination that is

778 substantially equivalent to the examination required by this

779 part; and has satisfied the requirements set forth in s.

780 489.521;

781 (b) Holds a valid license to practice electrical or alarm

782 system contracting issued by another state or territory of the

783 United States, if the criteria for issuance of such license were

784 substantially equivalent to the certification criteria that

785 existed in this state at the time the certificate was issued; or

786 (c) Has held a valid, current license to practice

787 electrical or alarm system contracting issued by another state

788 or territory of the United States , or a county or municipality

789 of a state or territory of the United States, for at least 10

790 years before the date of application and is applying for the

791 same or similar license in this state, subject to ss. 489.510

792 and 489.521(3)(a) and subparagraph (1)(b)1. Such application

793 must be made either when the license in another state or

794 territory , or a county or municipality of a state or territory

795 of the United States, is active or within 2 years after such

796 license was last active. Electrical contractors and alarm system

797 contractors must complete a 2-hour course on the Florida

798 Building Code. The required courses may be completed online.

799 Section 21. Paragraph (c) of subsection (5), paragraph (l)

800 of subsection (8), paragraphs (a) and (d) of subsection (9), and

801 subsection (15) of section 499.012, Florida Statutes, are

802 amended to read:

803 499.012 Permit application requirements.—

804 (5)

805 (c) At least 90 days before the expiration date of a

806 permit, the department shall forward via electronic mail a

807 permit renewal notification to the permittee at the electronic

808 mailing address of the permitted establishment on file with the

809 department. The permit renewal notification must state

810 conspicuously the date on which the permit for the establishment

811 will expire and that the establishment may not operate unless

812 the permit for the establishment is renewed timely.

813 (8) An application for a permit or to renew a permit for a

814 prescription drug wholesale distributor or an out-of-state

815 prescription drug wholesale distributor submitted to the

816 department must include:

817 ~~(l) The name of each of the applicant’s designated~~

818 ~~representatives as required by subsection (15), together with~~

819 ~~the personal information statement and fingerprints required~~

820 ~~pursuant to subsection (9) for each such person.~~

821 (9)(a) Each person required by subsection (8) ~~or subsection~~

822 ~~(15)~~ to provide a personal information statement and

823 fingerprints shall provide the following information to the

824 department on forms prescribed by the department:

825 1. The person’s places of residence for the past 7 years.

826 2. The person’s date and place of birth.

827 3. The person’s occupations, positions of employment, and

828 offices held during the past 7 years.

829 4. The principal business and address of any business,

830 corporation, or other organization in which each such office of

831 the person was held or in which each such occupation or position

832 of employment was carried on.

833 5. Whether the person has been, during the past 7 years,

834 the subject of any proceeding for the revocation of any license

835 and, if so, the nature of the proceeding and the disposition of

836 the proceeding.

837 6. Whether, during the past 7 years, the person has been

838 enjoined, temporarily or permanently, by a court of competent

839 jurisdiction from violating any federal or state law regulating

840 the possession, control, or distribution of prescription drugs,

841 together with details concerning any such event.

842 7. A description of any involvement by the person with any

843 business, including any investments, other than the ownership of

844 stock in a publicly traded company or mutual fund, during the

845 past 4 years, which manufactured, administered, prescribed,

846 distributed, or stored pharmaceutical products and any lawsuits

847 in which such businesses were named as a party.

848 8. A description of any felony criminal offense of which

849 the person, as an adult, was found guilty, regardless of whether

850 adjudication of guilt was withheld or whether the person pled

851 guilty or nolo contendere. A criminal offense committed in

852 another jurisdiction which would have been a felony in this

853 state must be reported. If the person indicates that a criminal

854 conviction is under appeal and submits a copy of the notice of

855 appeal of that criminal offense, the applicant must, within 15

856 days after the disposition of the appeal, submit to the

857 department a copy of the final written order of disposition.

858 9. A photograph of the person taken in the previous 180

859 days.

860 10. A set of fingerprints for the person on a form and

861 under procedures specified by the department, together with

862 payment of an amount equal to the costs incurred by the

863 department for the criminal record check of the person.

864 11. ~~The name, address, occupation, and date and place of~~

865 ~~birth for each member of the person’s immediate family who is 18~~

866 ~~years of age or older. As used in this subparagraph, the term~~

867 ~~“member of the person’s immediate family” includes the person’s~~

868 ~~spouse, children, parents, siblings, the spouses of the person’s~~

869 ~~children, and the spouses of the person’s siblings.~~

870 ~~12.~~ Any other relevant information that the department

871 requires.

872 (d) For purposes of applying for renewal of a permit under

873 subsection (8) ~~or certification under subsection (15)~~ , a person

874 may submit the following in lieu of satisfying the requirements

875 of paragraphs (a), (b), and (c):

876 1. A photograph of the individual taken within 180 days;

877 and

878 2. A copy of the personal information statement form most

879 recently submitted to the department and a certification under

880 oath, on a form specified by the department, that the individual

881 has reviewed the previously submitted personal information

882 statement form and that the information contained therein

883 remains unchanged.

884 ~~(15)(a) Each establishment that is issued an initial or~~

885 ~~renewal permit as a prescription drug wholesale distributor or~~

886 ~~an out-of-state prescription drug wholesale distributor must~~

887 ~~designate in writing to the department at least one natural~~

888 ~~person to serve as the designated representative of the~~

889 ~~wholesale distributor. Such person must have an active~~

890 ~~certification as a designated representative from the~~

891 ~~department.~~

892 ~~(b) To be certified as a designated representative, a~~

893 ~~natural person must:~~

894 ~~1. Submit an application on a form furnished by the~~

895 ~~department and pay the appropriate fees.~~

896 ~~2. Be at least 18 years of age.~~

897 ~~3. Have at least 2 years of verifiable full-time:~~

898 ~~a. Work experience in a pharmacy licensed in this state or~~

899 ~~another state, where the person’s responsibilities included, but~~

900 ~~were not limited to, recordkeeping for prescription drugs;~~

901 ~~b. Managerial experience with a prescription drug wholesale~~

902 ~~distributor licensed in this state or in another state;~~

903 ~~c. Managerial experience with the United States Armed~~

904 ~~Forces, where the person’s responsibilities included, but were~~

905 ~~not limited to, recordkeeping, warehousing, distributing, or~~

906 ~~other logistics services pertaining to prescription drugs;~~

907 ~~d. Managerial experience with a state or federal~~

908 ~~organization responsible for regulating or permitting~~

909 ~~establishments involved in the distribution of prescription~~

910 ~~drugs, whether in an administrative or a sworn law enforcement~~

911 ~~capacity; or~~

912 ~~e. Work experience as a drug inspector or investigator with~~

913 ~~a state or federal organization, whether in an administrative or~~

914 ~~a sworn law enforcement capacity, where the person’s~~

915 ~~responsibilities related primarily to compliance with state or~~

916 ~~federal requirements pertaining to the distribution of~~

917 ~~prescription drugs.~~

918 ~~4. Receive a passing score of at least 75 percent on an~~

919 ~~examination given by the department regarding federal laws~~

920 ~~governing distribution of prescription drugs and this part and~~

921 ~~the rules adopted by the department governing the wholesale~~

922 ~~distribution of prescription drugs. This requirement shall be~~

923 ~~effective 1 year after the results of the initial examination~~

924 ~~are mailed to the persons that took the examination. The~~

925 ~~department shall offer such examinations at least four times~~

926 ~~each calendar year.~~

927 ~~5. Provide the department with a personal information~~

928 ~~statement and fingerprints pursuant to subsection (9).~~

929 ~~(c) The department may deny an application for~~

930 ~~certification as a designated representative or may suspend or~~

931 ~~revoke a certification of a designated representative pursuant~~

932 ~~to s. 499.067.~~

933 ~~(d) A designated representative:~~

934 ~~1. Must be actively involved in and aware of the actual~~

935 ~~daily operation of the wholesale distributor.~~

936 ~~2. Must be employed full time in a managerial position by~~

937 ~~the wholesale distributor.~~

938 ~~3. Must be physically present at the establishment during~~

939 ~~normal business hours, except for time periods when absent due~~

940 ~~to illness, family illness or death, scheduled vacation, or~~

941 ~~other authorized absence.~~

942 ~~4. May serve as a designated representative for only one~~

943 ~~wholesale distributor at any one time.~~

944 ~~(e) A wholesale distributor must notify the department when~~

945 ~~a designated representative leaves the employ of the wholesale~~

946 ~~distributor. Such notice must be provided to the department~~

947 ~~within 10 business days after the last day of designated~~

948 ~~representative’s employment with the wholesale distributor.~~

949 ~~(f) A wholesale distributor may not operate under a~~

950 ~~prescription drug wholesale distributor permit or an out-of~~

951 ~~state prescription drug wholesale distributor permit for more~~

952 ~~than 10 business days after the designated representative leaves~~

953 ~~the employ of the wholesale distributor, unless the wholesale~~

954 ~~distributor employs another designated representative and~~

955 ~~notifies the department within 10 business days of the identity~~

956 ~~of the new designated representative.~~

957 Section 22. Subsection (9) of section 499.0121, Florida

958 Statutes, is amended to read:

959 499.0121 Storage and handling of prescription drugs;

960 recordkeeping.—The department shall adopt rules to implement

961 this section as necessary to protect the public health, safety,

962 and welfare. Such rules shall include, but not be limited to,

963 requirements for the storage and handling of prescription drugs

964 and for the establishment and maintenance of prescription drug

965 distribution records.

966 (9) RESPONSIBLE PERSONS.—Wholesale distributors must

967 establish and maintain lists of officers, directors, managers,

968 ~~designated representatives,~~ and other persons in charge of

969 wholesale drug distribution, storage, and handling, including a

970 description of their duties and a summary of their

971 qualifications.

972 Section 23. Section 499.01211, Florida Statutes, is

973 repealed.

974 Section 24. Subsection (9) of section 499.041, Florida

975 Statutes, is amended to read:

976 499.041 Schedule of fees for drug, device, and cosmetic

977 applications and permits, product registrations, and free-sale

978 certificates.—

979 ~~(9) The department shall assess each person applying for~~

980 ~~certification as a designated representative a fee of $150, plus~~

981 ~~the cost of processing the criminal history record check.~~

982 Section 25. Paragraph (e) of subsection (2) of section

983 499.0661, Florida Statutes, is amended to read:

984 499.0661 Cease and desist orders; removal of certain

985 persons.—

986 (2) REMOVAL OF AFFILIATED PARTIES BY THE DEPARTMENT.—

987 (e)1. The chief executive officer, ~~designated~~

988 ~~representative,~~ or the person holding the equivalent office, of

989 a permittee shall promptly notify the department if she or he

990 has actual knowledge that any affiliated party is charged with a

991 felony in a state or federal court.

992 2. Whenever any affiliated party is charged with a felony

993 in a state or federal court or with the equivalent of a felony

994 in the courts of any foreign country with which the United

995 States maintains diplomatic relations, and the charge alleges

996 violation of any law involving prescription drugs,

997 pharmaceuticals, fraud, theft, or moral turpitude, the

998 department may enter an emergency order suspending the

999 affiliated party or restricting or prohibiting participation by

1000 the affiliated party in the affairs of the particular permittee

1001 or of any other permittee upon service of the order upon the

1002 permittee and the affiliated party charged. The order must

1003 contain notice of opportunity for a hearing pursuant to ss.

1004 120.569 and 120.57, where the affiliated party may request a

1005 postsuspension hearing to show that continued service to or

1006 participation in the affairs of the permittee does not pose a

1007 threat to the public health or the interests of the permittee

1008 and does not threaten to impair public confidence in the

1009 permittee. In accordance with applicable departmental rules, the

1010 department shall notify the affiliated party whether the order

1011 suspending or prohibiting the person from participation in the

1012 affairs of a permittee will be rescinded or otherwise modified.

1013 The emergency order remains in effect, unless otherwise modified

1014 by the department, until the criminal charge is disposed of. The

1015 acquittal of the person charged, or the final, unappealed

1016 dismissal of all charges against the person, dissolves the

1017 emergency order but does not prohibit the department from

1018 instituting proceedings under paragraph (a). If the person

1019 charged is convicted or pleads guilty or nolo contendere,

1020 whether or not an adjudication of guilt is entered by the court,

1021 the emergency order becomes ~~shall become~~ final.

1022 Section 26. Paragraph (b) of subsection (1) of section

1023 499.067, Florida Statutes, is amended to read:

1024 499.067 Denial, suspension, or revocation of permit,

1025 certification, or registration.—

1026 (1)

1027 (b) The department may deny an application for a permit or

1028 certification, or suspend or revoke a permit or certification,

1029 if the department finds that:

1030 1. The applicant is not of good moral character or that it

1031 would be a danger or not in the best interest of the public

1032 health, safety, and welfare if the applicant were issued a

1033 permit or certification.

1034 2. The applicant has not met the requirements for the

1035 permit or certification.

1036 3. The applicant is not eligible for a permit or

1037 certification for any of the reasons enumerated in s. 499.012.

1038 ~~4. The applicant, permittee, or person certified under s.~~

1039 ~~499.012(15) demonstrates any of the conditions enumerated in s.~~

1040 ~~499.012.~~

1041 ~~5. The applicant, permittee, or person certified under s.~~

1042 ~~499.012(15) has committed any violation of this chapter.~~

1043 Section 27. Subsection (1) of section 509.2015, Florida

1044 Statutes, is amended to read:

1045 509.2015 Telephone surcharges by public lodging

1046 establishments.—

1047 (1) A public lodging establishment which imposes a

1048 surcharge for any telephone call must post notice of such

1049 surcharge in a conspicuous place in each lodging unit that

1050 contains a telephone ~~located by each telephone from which a call~~

1051 ~~which is subject to a surcharge may originate~~ . Such notice must

1052 ~~be plainly visible and printed on a sign that is not less than 3~~

1053 ~~inches by 5 inches in size, and such notice shall~~ clearly state

1054 if the surcharge applies whether or not the telephone call has

1055 been attempted or completed.

1056 Section 28. Subsections (4) and (8) of section 553.73,

1057 Florida Statutes, is amended to read:

1058 553.73 Florida Building Code.—

1059 (4)(a) All entities authorized to enforce the Florida

1060 Building Code under s. 553.80 shall comply with applicable

1061 standards for issuance of mandatory certificates of occupancy,

1062 minimum types of inspections, and procedures for plans review

1063 and inspections as established by the commission by rule. Local

1064 governments may adopt amendments to the administrative

1065 provisions of the Florida Building Code, subject to the

1066 limitations in this paragraph ~~subsection~~ . Local amendments to

1067 the administrative provisions of the Florida Building Code must

1068 be more stringent than the minimum standards described in this

1069 section and must be transmitted to the commission within 30 days

1070 after enactment. The local government shall make such amendments

1071 available to the general public in a usable format. The State

1072 Fire Marshal is responsible for establishing the standards and

1073 procedures required in this paragraph ~~subsection~~ for

1074 governmental entities with respect to applying the Florida Fire

1075 Prevention Code and the Life Safety Code.

1076 (b) Local governments may, subject to the limitations in

1077 this section and not more than once every 6 months, adopt

1078 amendments to the technical provisions of the Florida Building

1079 Code that apply solely within the jurisdiction of such

1080 government and that provide for more stringent requirements than

1081 those specified in the Florida Building Code.

1082 1. A local government may adopt technical amendments that

1083 address local needs if:

1084 a. 1. The local governing body determines, following a

1085 public hearing which has been advertised in a newspaper of

1086 general circulation at least 10 days before the hearing, that

1087 there is a need to strengthen the requirements of the Florida

1088 Building Code. The determination must be based upon a review of

1089 local conditions by the local governing body, which review

1090 demonstrates by evidence or data that the geographical

1091 jurisdiction governed by the local governing body exhibits a

1092 local need to strengthen the Florida Building Code beyond the

1093 needs or regional variation addressed by the Florida Building

1094 Code, that the local need is addressed by the proposed local

1095 amendment, and that the amendment is no more stringent than

1096 necessary to address the local need.

1097 b. 2. Such additional requirements are not discriminatory

1098 against materials, products, or construction techniques of

1099 demonstrated capabilities.

1100 c. 3. Such additional requirements do ~~may~~ not introduce a

1101 new subject not addressed in the Florida Building Code.

1102 2. ~~(c)~~ The enforcing agency shall make readily available, in

1103 a usable format, all amendments adopted under this section.

1104 3. ~~(d)~~ Any amendment to the Florida Building Code adopted

1105 under this paragraph must ~~shall~~ be transmitted within 30 days

1106 after adoption by the local government to the commission. The

1107 commission shall maintain copies of all such amendments in a

1108 format that is usable and obtainable by the public. Local

1109 technical amendments are not effective until 30 days after the

1110 amendment has been received and published by the commission.

1111 4. ~~(e)~~ An amendment to the Florida Building Code adopted by

1112 a local government under this paragraph ~~subsection~~ is effective

1113 only until the adoption of the new edition of the Florida

1114 Building Code by the commission every third year. At such time,

1115 the commission shall review such amendment for consistency with

1116 the criteria in paragraph (9)(a) and adopt such amendment as

1117 part of the Florida Building Code or rescind the amendment. The

1118 commission shall immediately notify the respective local

1119 government of the rescission of any amendment. After receiving

1120 such notice, the respective local government may readopt the

1121 rescinded amendment under ~~the provisions of~~ this paragraph

1122 ~~subsection~~ .

1123 5. ~~(f)~~ Each county and municipality desiring to make local

1124 technical amendments to the Florida Building Code shall

1125 establish by interlocal agreement a countywide compliance review

1126 board to review any amendment to the Florida Building Code that

1127 is adopted by a local government within the county under this

1128 paragraph ~~subsection~~ and that is challenged by a substantially

1129 affected party for purposes of determining the amendment’s

1130 compliance with this paragraph ~~subsection~~ . If challenged, the

1131 local technical amendments are not effective until the time for

1132 filing an appeal under subparagraph 6. ~~paragraph (g)~~ has expired

1133 or, if there is an appeal, until the commission issues its final

1134 order determining if the adopted amendment is in compliance with

1135 this paragraph ~~subsection~~ .

1136 6. ~~(g)~~ If the compliance review board determines such

1137 amendment is not in compliance with this paragraph ~~subsection~~ ,

1138 the compliance review board must ~~shall~~ notify such local

1139 government of the noncompliance and that the amendment is

1140 invalid and unenforceable until the local government corrects

1141 the amendment to bring it into compliance. The local government

1142 may appeal the decision of the compliance review board to the

1143 commission. If the compliance review board determines that such

1144 amendment is in compliance with this paragraph ~~subsection~~ , any

1145 substantially affected party may appeal such determination to

1146 the commission. Any such appeal must be filed with the

1147 commission within 14 days after the board’s written

1148 determination. The commission shall promptly refer the appeal to

1149 the Division of Administrative Hearings by electronic means

1150 through the division’s website for the assignment of an

1151 administrative law judge. The administrative law judge shall

1152 conduct the required hearing within 30 days after being assigned

1153 to the appeal, and shall enter a recommended order within 30

1154 days after the conclusion of such hearing. The commission shall

1155 enter a final order within 30 days after an order is rendered.

1156 Chapter 120 and the uniform rules of procedure applies ~~shall~~

1157 ~~apply~~ to such proceedings. The local government adopting the

1158 amendment that is subject to challenge has the burden of proving

1159 that the amendment complies with this paragraph ~~subsection~~ in

1160 proceedings before the compliance review board and the

1161 commission, as applicable. Actions of the commission are subject

1162 to judicial review under s. 120.68. The compliance review board

1163 shall determine whether its decisions apply to a respective

1164 local jurisdiction or apply countywide.

1165 7. ~~(h)~~ An amendment adopted under this paragraph ~~subsection~~

1166 must include a fiscal impact statement that documents the costs

1167 and benefits of the proposed amendment. Criteria for the fiscal

1168 impact statement must ~~shall~~ include the impact to local

1169 government relative to enforcement and the impact to property

1170 and building owners and industry relative to the cost of

1171 compliance. The fiscal impact statement may not be used as a

1172 basis for challenging the amendment for compliance.

1173 (c) ~~(i)~~ ~~In addition to paragraphs (f) and (g),~~ The

1174 commission may review any amendment ~~amendments~~ adopted under

1175 this subsection and make nonbinding recommendations related to

1176 compliance of such amendments with this subsection.

1177 (d) ~~(j)~~ Any amendment adopted by a local enforcing agency

1178 under this subsection may not apply to state or school district

1179 owned buildings, manufactured buildings or factory-built school

1180 buildings approved by the commission, or prototype buildings

1181 approved under s. 553.77(3). The respective responsible entities

1182 shall consider the physical performance parameters

1183 substantiating such amendments when designing, specifying, and

1184 constructing such exempt buildings.

1185 (e) ~~(k)~~ A technical amendment to the Florida Building Code

1186 related to water conservation practices or design criteria

1187 adopted by a local government under paragraph (b) ~~this~~

1188 ~~subsection~~ is not void when the code is updated if the technical

1189 amendment is necessary to protect or provide for more efficient

1190 use of water resources as provided in s. 373.621. However, any

1191 such technical amendment carried forward into the next edition

1192 of the code under this paragraph is subject to review or

1193 modification as provided in this part.

1194 (f) ~~(l)~~ If a local government adopts a regulation, law,

1195 ordinance, policy, amendment, or land use or zoning provision

1196 without using the process established in this subsection, and a

1197 substantially affected person considers such regulation, law,

1198 ordinance, policy, amendment, or land use or zoning provision to

1199 be a technical amendment to the Florida Building Code, ~~then~~ the

1200 substantially affected person may submit a petition to the

1201 commission for a nonbinding advisory opinion. If a substantially

1202 affected person submits a request in accordance with this

1203 paragraph, the commission must ~~shall~~ issue a nonbinding advisory

1204 opinion stating whether or not the commission interprets the

1205 regulation, law, ordinance, policy, amendment, or land use or

1206 zoning provision as a technical amendment to the Florida

1207 Building Code. As used in this paragraph, the term “local

1208 government” means a county, municipality, special district, or

1209 political subdivision of the state.

1210 1. Requests to review a local government regulation, law,

1211 ordinance, policy, amendment, or land use or zoning provision

1212 may be initiated by any substantially affected person. A

1213 substantially affected person includes an owner or builder

1214 subject to the regulation, law, ordinance, policy, amendment, or

1215 land use or zoning provision, or an association of owners or

1216 builders having members who are subject to the regulation, law,

1217 ordinance, policy, amendment, or land use or zoning provision.

1218 2. In order to initiate a review, a substantially affected

1219 person must file a petition with the commission. The commission

1220 shall adopt a form for the petition and directions for filing,

1221 which shall be published on the Building Code Information

1222 System. The form must ~~shall~~ , at a minimum, require the

1223 following:

1224 a. The name of the local government that enacted the

1225 regulation, law, ordinance, policy, amendment, or land use or

1226 zoning provision.

1227 b. The name and address of the local government’s general

1228 counsel or administrator.

1229 c. The name, address, and telephone number of the

1230 petitioner; the name, address, and telephone number of the

1231 petitioner’s representative, if any; and an explanation of how

1232 the petitioner’s substantial interests are being affected by the

1233 regulation, law, ordinance, policy, amendment, or land use or

1234 zoning provision.

1235 d. A statement explaining why the regulation, law,

1236 ordinance, policy, amendment, or land use or zoning provision is

1237 a technical amendment to the Florida Building Code, and which

1238 provisions of the Florida Building Code, if any, are being

1239 amended by the regulation, law, ordinance, policy, amendment, or

1240 land use or zoning provision.

1241 3. The petitioner shall serve the petition on the local

1242 government’s general counsel or administrator by certified mail,

1243 return receipt requested, and send a copy of the petition to the

1244 commission, in accordance with the commission’s published

1245 directions. The local government shall respond to the petition

1246 in accordance with the form by certified mail, return receipt

1247 requested, and send a copy of its response to the commission,

1248 within 14 days after receipt of the petition, including

1249 Saturdays, Sundays, and legal holidays.

1250 4. Upon receipt of a petition that meets the requirements

1251 of this paragraph, the commission shall publish the petition,

1252 including any response submitted by the local government, on the

1253 Building Code Information System in a manner that allows

1254 interested persons to address the issues by posting comments.

1255 5. Before issuing an advisory opinion, the commission shall

1256 consider the petition, the response, and any comments posted on

1257 the Building Code Information System. The commission may also

1258 provide the petition, the response, and any comments posted on

1259 the Building Code Information System to a technical advisory

1260 committee, and may consider any recommendation provided by the

1261 technical advisory committee. The commission shall issue an

1262 advisory opinion stating whether the regulation, law, ordinance,

1263 policy, amendment, or land use or zoning provision is a

1264 technical amendment to the Florida Building Code within 30 days

1265 after the filing of the petition, including Saturdays, Sundays,

1266 and legal holidays. The commission shall publish its advisory

1267 opinion on the Building Code Information System and in the

1268 Florida Administrative Register. The commission’s advisory

1269 opinion is nonbinding and is not a declaratory statement under

1270 s. 120.565.

1271 (8) ~~Notwithstanding subsection (3) or subsection (7),~~ The

1272 commission may address issues identified in this subsection by

1273 amending the code under the rule adoption procedures in chapter

1274 120. Updates to the Florida Building Code, including provisions

1275 contained in referenced standards and criteria which relate to

1276 wind resistance or the prevention of water intrusion, may not be

1277 amended under this subsection to diminish those standards;

1278 however, the commission may amend the Florida Building Code to

1279 enhance such standards. Following the approval of any amendments

1280 to the Florida Building Code by the commission and publication

1281 of the amendments on the commission’s website, authorities

1282 having jurisdiction to enforce the Florida Building Code may

1283 enforce the amendments.

1284 (a) The commission may approve amendments that are needed

1285 to address:

1286 1. Conflicts within the updated code;

1287 2. Conflicts between the updated code and the Florida Fire

1288 Prevention Code adopted under chapter 633;

1289 3. Unintended results from the integration of previously

1290 adopted amendments with the model code;

1291 4. Equivalency of standards;

1292 5. Changes to or inconsistencies with federal or state law;

1293 or

1294 6. Adoption of an updated edition of the National

1295 Electrical Code if the commission finds that delay of

1296 implementing the updated edition causes undue hardship to

1297 stakeholders or otherwise threatens the public health, safety,

1298 and welfare.

1299 (b) The commission may issue errata to the code pursuant to

1300 the rule adoption procedures in chapter 120 to list demonstrated

1301 errors in provisions contained within the Florida Building Code.

1302 The determination of such errors and the issuance of errata to

1303 the code must be approved by a 75-percent supermajority vote of

1304 the commission. For purposes of this paragraph, “errata to the

1305 code” means a list of errors on current and previous editions of

1306 the Florida Building Code.

1307 Section 29. Subsection (3) of section 553.791, Florida

1308 Statutes, is amended to read:

1309 553.791 Alternative plans review and inspection.—

1310 (3) A private provider and any duly authorized

1311 representative may only perform building code inspection

1312 services that are within the disciplines covered by that

1313 person’s licensure or certification under chapter 468, chapter

1314 471, or chapter 481, including single-trade inspections.

1315 However, a private provider and any duly authorized

1316 representative licensed as a building code administrator may

1317 perform any plan review or inspection requiring licensure or

1318 certification under part XII of chapter 468 if the private

1319 provider or duly authorized representative served for at least 3

1320 consecutive years as a building code administrator authorized by

1321 a municipal or county government to perform any plan review or

1322 inspection requiring licensure or certification under part XII

1323 of chapter 468 and has had no disciplinary action imposed

1324 against his or her license. The department shall adopt rules to

1325 identify those building code administrator licensees who meet

1326 the requirements of this subsection. A private provider may not

1327 provide building code inspection services pursuant to this

1328 section upon any building designed or constructed by the private

1329 provider or the private provider’s firm.

1330 Section 30. For the purpose of incorporating the amendment

1331 made by this act to section 20.165, Florida Statutes, in a

1332 reference thereto, paragraph (c) of subsection (3) of section

1333 120.54, Florida Statutes, is reenacted to read:

1334 120.54 Rulemaking.—

1335 (3) ADOPTION PROCEDURES.—

1336 (c) Hearings.—

1337 1. If the intended action concerns any rule other than one

1338 relating exclusively to procedure or practice, the agency shall,

1339 on the request of any affected person received within 21 days

1340 after the date of publication of the notice of intended agency

1341 action, give affected persons an opportunity to present evidence

1342 and argument on all issues under consideration. The agency may

1343 schedule a public hearing on the rule and, if requested by any

1344 affected person, shall schedule a public hearing on the rule.

1345 When a public hearing is held, the agency must ensure that staff

1346 are available to explain the agency’s proposal and to respond to

1347 questions or comments regarding the rule. If the agency head is

1348 a board or other collegial body created under s. 20.165(4) or s.

1349 20.43(3)(g), and one or more requested public hearings is

1350 scheduled, the board or other collegial body shall conduct at

1351 least one of the public hearings itself and may not delegate

1352 this responsibility without the consent of those persons

1353 requesting the public hearing. Any material pertinent to the

1354 issues under consideration submitted to the agency within 21

1355 days after the date of publication of the notice or submitted to

1356 the agency between the date of publication of the notice and the

1357 end of the final public hearing shall be considered by the

1358 agency and made a part of the record of the rulemaking

1359 proceeding.

1360 2. Rulemaking proceedings shall be governed solely by the

1361 provisions of this section unless a person timely asserts that

1362 the person’s substantial interests will be affected in the

1363 proceeding and affirmatively demonstrates to the agency that the

1364 proceeding does not provide adequate opportunity to protect

1365 those interests. If the agency determines that the rulemaking

1366 proceeding is not adequate to protect the person’s interests, it

1367 shall suspend the rulemaking proceeding and convene a separate

1368 proceeding under the provisions of ss. 120.569 and 120.57.

1369 Similarly situated persons may be requested to join and

1370 participate in the separate proceeding. Upon conclusion of the

1371 separate proceeding, the rulemaking proceeding shall be resumed.

1372 Section 31. For the purpose of incorporating the amendment

1373 made by this act to section 20.165, Florida Statutes, in

1374 references thereto, paragraph (b) of subsection (2) and

1375 paragraph (a) of subsection (3) of section 120.74, Florida

1376 Statutes, are reenacted to read:

1377 120.74 Agency annual rulemaking and regulatory plans;

1378 reports.—

1379 (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.—

1380 (b) To satisfy the requirements of paragraph (a), a board

1381 established under s. 20.165(4), and any other board or

1382 commission receiving administrative support from the Department

1383 of Business and Professional Regulation, may coordinate with the

1384 Department of Business and Professional Regulation, and a board

1385 established under s. 20.43(3)(g) may coordinate with the

1386 Department of Health, for inclusion of the board’s or

1387 commission’s plan and notice of publication in the coordinating

1388 department’s plan and notice and for the delivery of the

1389 required documentation to the committee.

1390 (3) DEPARTMENT REVIEW OF BOARD PLAN.—By October 15 of each

1391 year:

1392 (a) For each board established under s. 20.165(4) and any

1393 other board or commission receiving administrative support from

1394 the Department of Business and Professional Regulation, the

1395 Department of Business and Professional Regulation shall file

1396 with the committee a certification that the department has

1397 reviewed each board’s and commission’s regulatory plan. A

1398 certification may relate to more than one board or commission.

1399 Section 32. For the purpose of incorporating the amendment

1400 made by this act to section 326.001, Florida Statutes, in

1401 references thereto, section 326.003, Florida Statutes, is

1402 reenacted to read:

1403 326.003 Administration.—The division shall:

1404 (1) Administer ss. 326.001-326.006 and collect fees

1405 sufficient to administer ss. 326.001-326.006.

1406 (2) Adopt rules pursuant to ss. 120.536(1) and 120.54 to

1407 implement ss. 326.001-326.006 and to classify brokers and

1408 salespersons and regulate their activities.

1409 (3) Enforce the provisions of ss. 326.001-326.006 against

1410 any person who operates as a broker or salesperson without a

1411 license.

1412 Section 33. For the purpose of incorporating the amendment

1413 made by this act to section 326.001, Florida Statutes, in

1414 references thereto, subsection (5) and paragraph (b) of

1415 subsection (7) of section 326.004, Florida Statutes, are

1416 reenacted to read:

1417 326.004 Licensing.—

1418 (5) The division by rule shall establish fees for

1419 application, initial licensing, biennial renewal, and

1420 reinstatement of licenses in an amount not to exceed $500. The

1421 fees must be set in an amount that is adequate to

1422 proportionately fund the expenses of the division in ss.

1423 326.001-326.006.

1424 (7)

1425 (b) Surety bonds and irrevocable letters of credit must be

1426 in a form to be approved by the division and must be conditioned

1427 upon the broker complying with the terms of any written contract

1428 made by such broker in connection with the sale or exchange of

1429 any yacht or ship and not violating any of the provisions of the

1430 Yacht and Ship Brokers’ Act in the conduct of the business for

1431 which he or she is licensed. The bonds and letters of credit

1432 must be delivered to the division and in favor of any person in

1433 a transaction who suffers any loss as a result of any violation

1434 of the conditions in ss. 326.001-326.006. When the division

1435 determines that a person has incurred a loss as a result of a

1436 violation of the Yacht and Ship Brokers’ Act, it shall notify

1437 the person in writing of the existence of the bond or letter of

1438 credit. The bonds and letters of credit must cover the license

1439 period, and a new bond or letter of credit or a proper

1440 continuation certificate must be delivered to the division at

1441 the beginning of each license period. However, the aggregate

1442 liability of the surety in any one year may not exceed the sum

1443 of the bond or, in the case of a letter of credit, the aggregate

1444 liability of the issuing bank may not exceed the sum of the

1445 credit.

1447 The security for a broker must remain on deposit for a period of

1448 1 year after he or she ceases to be a broker.

1449 Section 34. For the purpose of incorporating the amendment

1450 made by this act to section 499.012, Florida Statutes, in a

1451 reference thereto, subsection (4) of section 499.003, Florida

1452 Statutes, is reenacted to read:

1453 499.003 Definitions of terms used in this part.—As used in

1454 this part, the term:

1455 (4) “Affiliated party” means:

1456 (a) A director, officer, trustee, partner, or committee

1457 member of a permittee or applicant or a subsidiary or service

1458 corporation of the permittee or applicant;

1459 (b) A person who, directly or indirectly, manages,

1460 controls, or oversees the operation of a permittee or applicant,

1461 regardless of whether such person is a partner, shareholder,

1462 manager, member, officer, director, independent contractor, or

1463 employee of the permittee or applicant;

1464 (c) A person who has filed or is required to file a

1465 personal information statement pursuant to s. 499.012(9) or is

1466 required to be identified in an application for a permit or to

1467 renew a permit pursuant to s. 499.012(8); or

1468 (d) The five largest natural shareholders that own at least

1469 5 percent of the permittee or applicant.

1470 Section 35. This act shall take effect July 1, 2026.