CS/HB 607 full text · Session Watch

1 A bill to be entitled

2 An act relating to industries and professional

3 activities; amending s. 20.165, F.S.; renaming,

4 removing, and redesignating specified boards,

5 commissions, and councils established within the

6 Department of Business and Professional Regulation;

7 changing the office locations of certain divisions;

8 prohibiting extension or renewal of certain leases;

9 requiring the department to provide to the Division of

10 Professions a summary of changes to statutory law

11 within a specified time period after adjournment of

12 session; repealing ss. 310.011, 310.032, 310.042,

13 455.2124, 455.2228, 468.384, 468.399, 468.4315,

14 468.4337, 468.4338, 468.521, 468.522, 468.523,

15 468.605, 468.8316, 468.8416, 471.0195, 472.007,

16 472.008, 472.009, 472.017, 472.018, 472.019, 473.303,

17 474.204, 474.205, 474.206, 475.02, 475.03, 475.04,

18 475.045, 475.05, 475.10, 476.054, 476.064, 477.015,

19 481.205, 481.2055, 481.305, 482.243, 489.107, 489.507,

20 492.103, 499.01211, 559.9221, and 570.81, F.S.,

21 relating to the Board of Pilot Commissioners; oath of

22 members of the Board of Pilot Commissioners;

23 organization and meetings of the board; proration of

24 continuing education; barbers and cosmetologists and

25 instruction on HIV and AIDS; the Florida Board of

26 Auctioneers; expenditure of excess funds; the

27 Regulatory Council of Community Association Managers;

28 continuing education; reactivation and continuing

29 education; the Board of Employee Leasing Companies

30 membership, appointments, and terms; rules of the

31 board; applicability of s. 20.165 and chapter 455; the

32 Florida Building Code Administrators and Inspectors

33 Board; continuing education; Florida Building Code

34 training for engineers; the Board of Professional

35 Surveyors and Mappers; rules of the board; board

36 headquarters; continuing education; continuing

37 education for reactivating a license; the Board of

38 Veterinary Medicine; board headquarters; renewal of

39 license; the Board of Accountancy; the Barbers' Board;

40 organization, headquarters, personnel, and meetings of

41 the board; the Board of Cosmetology; the Board of

42 Architecture and Interior Design; authority of the

43 board to make rules; the Florida Real Estate

44 Commission; delegation of powers and duties; legal

45 services; duty of commission to educate members of

46 profession; the Florida Real Estate Commission

47 Education and Research Foundation; power of commission

48 to enact bylaws and rules and decide questions of

49 practice; seal; the Board of Landscape Architecture;

50 the Pest Control Enforcement Advisory Council; the

51 Construction Industry Licensing Board; the Electrical

52 Contractors' Licensing Board; the Board of

53 Professional Geologists; the Drug Wholesale

54 Distributor Advisory Council; the Motor Vehicle Repair

55 Advisory Council; and the Agricultural Economic

56 Development Project Review Committee, respectively;

57 amending ss. 120.54, 212.08, 215.5586, 215.55871,

58 309.01, 310.0015, 310.002, 310.051, 310.061, 310.071,

59 310.073, 310.075, 310.081, 310.101, 310.102, 310.111,

60 310.121, 310.131, 310.142, 310.151, 310.183, 310.185,

61 326.002, 326.006, 376.303, 381.0065, 403.868,

62 403.9329, 440.02, 448.26, 455.203, 455.271, 468.382,

63 468.385, 468.3851, 468.3852, 468.3855, 468.386,

64 468.387, 468.388, 468.389, 468.392, 468.393, 468.395,

65 468.396, 468.397, 468.398, 468.404, 468.407, 468.431,

66 468.433, 468.4336, 468.435, 468.436, 468.520, 468.522,

67 468.524, 468.5245, 468.525, 468.526, 468.527,

68 468.5275, 468.529, 468.530, 468.531, 468.532, 468.603,

69 468.606, 468.607, 468.613, 468.619, 468.621, 468.627,

70 468.629, 468.631, 468.8312, 468.8315, 468.8412,

71 468.8415, 468.8417, 468.8419, 469.004, 469.012,

72 469.013, 471.011, 471.017, 471.019, 471.045, 472.003,

73 472.005, 472.006, 472.011, 472.0202, 472.0203,

74 473.302, 473.3035, 473.304, 473.305, 473.306, 473.309,

75 473.3101, 473.311, 473.3125, 473.313, 473.314,

76 473.315, 473.316, 473.319, 473.3205, 473.321, 473.322,

77 473.323, 474.202, 474.2065, 474.207, 474.211,

78 474.2125, 474.213, 474.214, 474.215, 474.216,

79 474.2165, 474.217, 474.221, 475.451, 476.034, 476.074,

80 476.114, 476.134, 476.144, 476.154, 476.155, 476.192,

81 476.204, 476.214, 476.234, 477.013, 477.0135, 477.016,

82 477.018, 477.019, 477.0201, 477.0212, 477.022,

83 477.025, 477.026, 477.0263, 477.028, 477.029, 481.203,

84 481.207, 481.209, 481.211, 481.215, 481.217, 481.219,

85 481.221, 481.222, 481.223, 481.225, 481.2251, 481.303,

86 481.306, 481.307, 481.309, 481.310, 481.311, 481.313,

87 481.315, 481.317, 481.323, 481.325, 489.103, 489.105,

88 489.108, 489.109, 489.111, 489.113, 489.1131,

89 489.1136, 489.114, 489.115, 489.116, 489.117, 489.118,

90 489.119, 489.1195, 489.121, 489.126, 489.127, 489.129,

91 489.131, 489.132, 489.133, 489.1401, 489.1402,

92 489.141, 489.142, 489.1425, 489.143, 489.1455,

93 489.146, 489.505, 489.509, 489.510, 489.511, 489.513,

94 489.514, 489.515, 489.516, 489.5161, 489.517, 489.518,

95 489.5185, 489.519, 489.520, 489.521, 489.522, 489.523,

96 489.525, 489.533, 489.5335, 489.537, 489.552, 492.102,

97 492.104, 492.105, 492.1051, 492.106, 492.107, 492.108,

98 492.109, 492.1101, 492.111, 492.113, 493.6101,

99 493.6105, 493.6106, 493.6111, 493.6113, 493.6116,

100 493.6118, 493.6120, 493.6123, 493.6201, 493.6202,

101 493.6203, 493.6301, 493.6302, 493.6303, 493.6304,

102 493.631, 493.6401, 493.6402, 493.6403, 493.6406,

103 499.067, 501.015, 501,609, 507.03, 514.0315, 514.075,

104 527,03, 539.001, 553.79, 553.791, 553.998, 559.904,

105 559.928, 627.192, 633.216, and 713.01, F.S.; providing

106 licensing authority to the department rather than

107 licensing boards; removing continuing education

108 requirements; revising licensure renewal periods;

109 conforming provisions to changes made by the act;

110 amending s. 259.1053, F.S.; removing the Babcock Ranch

111 Advisory Group; amending s. 339.035, F.S.; revising

112 the requirements for accessibility of elevators for

113 the physically handicapped; amending s. 455.02, F.S.;

114 specifying that certain license application

115 requirements apply only to certain professions;

116 amending s. 468.609, F.S.; revising the standards for

117 certification as a building code inspector or plans

118 examiner; amending s. 471.007, F.S.; providing for

119 abolishment of the Board of Professional Engineers;

120 amending s. 471.015, F.S.; revising who the department

121 must certify as qualified for a license by endorsement

122 for the practice of engineering; amending s. 473.308,

123 F.S.; revising the education and work experience

124 requirements for a certified public accountant

125 license; directing the department to prescribe

126 specified coursework for licensure; revising

127 requirements for licensure by endorsement; removing

128 provisions relating to licensure of applicants with

129 work experience in foreign countries; providing

130 applicability; creating s. 473.3085, F.S.; requiring

131 an international applicant who seeks licensure as a

132 certified public accountant in this state to meet

133 specified criteria prescribed by the department;

134 requiring such applicants to apply to the department;

135 requiring such applicants to create and maintain an

136 online account with the department; providing that the

137 applicant's e-mail address serves as the primary means

138 of communication from the department; requiring an

139 applicant to submit any change in certain information

140 within a specified timeframe through the department's

141 online system; requiring the department to certify an

142 applicant who meets certain requirements; requiring

143 the department to adopt rules; amending s. 473.3141,

144 F.S.; revising requirements for certified public

145 accountants licensed in another state or a territory

146 of the United States to practice in this state without

147 obtaining a license; amending s. 474.2021, F.S.;

148 revising requirements relating to prescriptions by

149 veterinarians practicing telehealth; providing

150 licensing authority to the department rather than

151 licensing boards; amending s. 475.17, F.S.; removing

152 postlicensure education requirements for brokers,

153 broker associates, and sales associates; amending ss.

154 475.175 and 475.180, F.S.; conforming provisions to

155 changes made by the act; amending s. 475.182, F.S.;

156 removing continuing education requirements for

157 licensure renewal as a broker, a broker associate, and

158 a sales associate; amending s. 475.183, F.S.; removing

159 continuing education requirements for licensure

160 renewal due to inactive status; amending ss. 475.25,

161 475.611, 475.612, 475.614, 475.6145, 475.6147,

162 475.615, 475.617, 475.6171, 475.618, 475.619, 475.621,

163 475.6222, 475.6235, 475.624, 475.6245, 475.625,

164 475.626, 475.627, 475.628, 475.629, 475.630, 475.631,

165 F.S.; revising provisions pertaining to the board to

166 transfer powers, duties, and responsibilities of the

167 board to the Department of Business and Professional

168 Regulation; amending s. 475.613, F.S.; granting

169 certain authority to the department, rather than the

170 Florida Real Estate Appraisal Board; amending s.

171 476.184, F.S.; requiring the department to adopt

172 rules; requiring a mobile barbershop to comply with

173 all licensure and operating requirements that apply to

174 a barbershop at a fixed location; providing an

175 exception; requiring a mobile barbershop to have a

176 permanent business address in a specified location;

177 requiring that certain records be kept at the

178 permanent business address; requiring a mobile

179 barbershop licenseholder to file with the department a

180 written monthly itinerary that provides certain

181 information; requiring that a licenseholder comply

182 with certain laws and ordinances; amending s. 476.188,

183 F.S.; providing that a barbershop must be licensed

184 with the department, rather than registered;

185 authorizing the practice of barbering to be performed

186 in a location other than a licensed barbershop under

187 certain circumstances; amending s. 481.213, F.S.;

188 revising who the department shall certify as qualified

189 for a license by endorsement in the practice of

190 architecture; amending s. 481.321, F.S.; revising

191 provisions relating to seals and display of

192 certificate number of registered landscape architects;

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

194 requirements for sale, transfer, assignment, or lease;

195 removing permit application requirements for a

196 prescription drug wholesale distributor to include a

197 designated representative; amending s. 499.0121, F.S.;

198 removing a designated representative as a responsible

199 person who must be listed by a wholesale distributor;

200 exempting specified establishments that store,

201 warehouse, or hold prescription drugs not listed as a

202 controlled substance from certain requirements;

203 requiring such establishments to maintain certain

204 records; requiring that such records be made readily

205 available or available within a specified time period

206 for inspection in certain circumstances; requiring

207 such records to be maintained for a specified time

208 period; amending s. 499.041, F.S.; removing a

209 requirement that the department assess each person

210 applying for certification as a designated

211 representative a fee, plus the cost of processing a

212 criminal history record check; creating s. 624.341,

213 F.S.; providing legislative findings; requiring the

214 Department of Law Enforcement to accept and process

215 certain fingerprints; specifying procedures for

216 submitting and processing fingerprints; providing fees

217 for fingerprinting; authorizing the department to

218 exchange certain records with the Office of Insurance

219 Regulation for certain purposes; specifying that

220 fingerprints must be submitted in accordance with

221 certain rules; authorizing fingerprints to be

222 submitted through a third-party vendor authorized by

223 the department; requiring the department to conduct

224 certain background checks; requiring certain

225 background checks to be conducted through the Federal

226 Bureau of Investigation; requiring that fingerprints

227 be submitted and entered into a specified system;

228 specifying who bears the costs of fingerprint

229 processing; requiring the office to review certain

230 background checks results and to make certain

231 determinations; requiring that certain criminal

232 history records be used by the office for certain

233 purposes; amending s. 468.609, F.S.; revising the

234 standards for certification as a building code

235 inspector or plans examiner; amending s. 471.007,

236 F.S.; providing for abolishment of the Board of

237 Professional Engineers; amending s. 471.015, F.S.;

238 revising who the department must certify as qualified

239 for a license by endorsement for the practice of

240 engineering; amending s. 473.308, F.S.; revising the

241 education and work experience requirements for a

242 certified public accountant license; directing the

243 department to prescribe specified coursework for

244 licensure; revising requirements for licensure by

245 endorsement; removing provisions relating to licensure

246 of applicants with work experience in foreign

247 countries; providing applicability; creating s.

248 473.3085, F.S.; requiring an international applicant

249 who seeks licensure as a certified public accountant

250 in this state to meet specified criteria prescribed by

251 the department; requiring such applicants to apply to

252 the department; requiring such applicants to create

253 and maintain an online account with the department;

254 providing that the applicant's e-mail address serves

255 as the primary means of communication from the

256 department; requiring an applicant to submit any

257 change in certain information within a specified

258 timeframe through the department's online system;

259 requiring the department to certify an applicant who

260 meets certain requirements; requiring the department

261 to adopt rules; amending s. 473.312, F.S.; conforming

262 provisions to changes made by the act; amending s.

263 473.3141, F.S.; revising requirements for certified

264 public accountants licensed in another state or a

265 territory of the United States to practice in this

266 state without obtaining a license; amending s.

267 474.2021, F.S.; revising requirements relating to

268 prescriptions by veterinarians practicing telehealth;

269 providing licensing authority to the department rather

270 than licensing boards; amending s. 475.17, F.S.;

271 removing postlicensure education requirements for

272 brokers, broker associates, and sales associates;

273 amending ss. 475.175 and 475.180, F.S.; conforming

274 provisions to changes made by the act; amending s.

275 475.182, F.S.; removing continuing education

276 requirements for licensure renewal as a broker, a

277 broker associate, and a sales associate; amending s.

278 475.183, F.S.; removing continuing education

279 requirements for licensure renewal due to inactive

280 status; amending ss. 475.25, 475.611, 475.612,

281 475.614, 475.6145, 475.6147, 475.615, 475.617,

282 475.6171, 475.618, 475.619, 475.621, 475.6222,

283 475.6235, 475.624, 475.6245, 475.625, 475.626,

284 475.627, 475.628, 475.629, 475.630, and 475.631, F.S.;

285 revising provisions pertaining to the board to

286 transfer powers, duties, and responsibilities of the

287 board to the department; amending s. 475.613, F.S.;

288 granting certain authority to the department, rather

289 than the Florida Real Estate Appraisal Board; amending

290 s. 476.184, F.S.; requiring the department to adopt

291 rules; requiring a mobile barbershop to comply with

292 all licensure and operating requirements that apply to

293 a barbershop at a fixed location; providing an

294 exception; requiring a mobile barbershop to have a

295 permanent business address in a specified location;

296 requiring that certain records be kept at the

297 permanent business address; requiring a mobile

298 barbershop licenseholder to file with the department a

299 written monthly itinerary that provides certain

300 information; requiring that a licenseholder comply

301 with certain laws and ordinances; amending s. 476.188,

302 F.S.; providing that a barbershop must be licensed

303 with the department, rather than registered;

304 authorizing the practice of barbering to be performed

305 in a location other than a licensed barbershop under

306 certain circumstances; amending s. 481.213, F.S.;

307 revising who the department shall certify as qualified

308 for a license by endorsement in the practice of

309 architecture; amending s. 481.321, F.S.; revising

310 provisions relating to seals and display of

311 certificate number of registered landscape architects;

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

313 requirements for sale, transfer, assignment, or lease;

314 removing permit application requirements for a

315 prescription drug wholesale distributor to include a

316 designated representative; amending s. 499.0121, F.S.;

317 removing a designated representative as a responsible

318 person who must be listed by a wholesale distributor;

319 amending s. 499.041, F.S.; removing a requirement that

320 the department assess each person applying for

321 certification as a designated representative a fee,

322 plus the cost of processing a criminal history record

323 check; creating s. 624.341, F.S.; providing

324 legislative findings; requiring the Department of Law

325 Enforcement to accept and process certain

326 fingerprints; specifying procedures for submitting and

327 processing fingerprints; providing fees for

328 fingerprinting; authorizing the department to exchange

329 certain records with the Office of Insurance

330 Regulation for certain purposes; specifying that

331 fingerprints must be submitted in accordance with

332 certain rules; authorizing fingerprints to be

333 submitted through a third-party vendor authorized by

334 the department; requiring the department to conduct

335 certain background checks; requiring certain

336 background checks to be conducted through the Federal

337 Bureau of Investigation; requiring that fingerprints

338 be submitted and entered into a specified system;

339 specifying who bears the costs of fingerprint

340 processing; requiring the office to review certain

341 background check results and to make certain

342 determinations; requiring that certain criminal

343 history records be used by the office for certain

344 purposes; providing effective dates.

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

348 Section 1. Section 20.165, Florida Statutes, is amended to

349 read:

350 20.165 Department of Business and Professional

351 Regulation.—There is created a Department of Business and

352 Professional Regulation.

353 (1) The head of the Department of Business and

354 Professional Regulation is the Secretary of Business and

355 Professional Regulation. The secretary shall be appointed by the

356 Governor, subject to confirmation by the Senate. The secretary

357 shall serve at the pleasure of the Governor.

358 (2) The following divisions of the Department of Business

359 and Professional Regulation are established:

360 (a) Division of Administration.

361 (b) Division of Alcoholic Beverages and Tobacco.

362 (c) Division of Certified Public Accounting.

363 1. The director of the division shall be appointed by the

364 secretary of the department, ~~subject to approval by a majority~~

365 ~~of the Board of Accountancy.~~

366 2. Effective at the termination of any lease in effect on

367 December 31, 2025, the offices of the division shall be located

368 in Tallahassee ~~Gainesville.~~ Such a lease may not be extended or

369 renewed.

370 (d) Division of Drugs, Devices, and Cosmetics.

371 (e) Division of Florida Condominiums, Timeshares, and

372 Mobile Homes.

373 (f) Division of Hotels and Restaurants.

374 (g) Division of Professions.

375 (h) Division of Real Estate.

376 1. The director of the division shall be appointed by the

377 secretary of the department, ~~subject to approval by a majority~~

378 ~~of the Florida Real Estate Commission.~~

379 2. Effective at the termination of any lease in effect on

380 December 31, 2025, the offices of the division shall be located

381 in Tallahassee ~~Orlando.~~ Such a lease may not be extended or

382 renewed.

383 (i) Division of Regulation.

384 (j) Division of Technology.

385 (k) Division of Service Operations.

386 (3) The secretary shall appoint a director for each

387 division established within this section. Each division director

388 shall directly administer the division and shall be responsible

389 to the secretary. The secretary may appoint deputy and assistant

390 secretaries as necessary to aid the secretary in fulfilling the

391 secretary's statutory obligations.

392 ~~(4)(a)~~ The following boards and programs are established

393 within the Division of Professions:

394 (a)1. ~~Board of~~ Architecture and Interior Design licensing

395 program, created under parts ~~part~~ I and II of chapter 481.

396 (b)2. ~~Florida Board of~~ Auctioneers licensing program,

397 created under part VI of chapter 468.

398 (c)3. Barbers' licensing program ~~Board,~~ created under

399 chapter 476.

400 (d)4. Florida Building Code Administrators and Inspectors

401 licensing program ~~Board,~~ created under part XII of chapter 468.

402 (e)5. Construction Industry licensing program ~~Board,~~

403 created under part I of chapter 489.

404 (f)6. ~~Board of~~ Cosmetology licensing program, created

405 under chapter 477.

406 (g)7. Electrical Contractors' licensing program ~~Board,~~

407 created under part II of chapter 489.

408 (h)8. ~~Board of~~ Employee Leasing Companies licensing

409 program, created under part XI of chapter 468.

410 (i)9. ~~Board of~~ Landscape Architecture licensing program,

411 created under part II of chapter 481.

412 ~~(j)10. Board of~~ Pilot Commissioners licensing program,

413 created under chapter 310.

414 (k)11. Board of Professional Engineers, created under

415 chapter 471.

416 ~~(l)12. Board of~~ Professional Geologists licensing program,

417 created under chapter 492.

418 ~~(m)13. Board of~~ Veterinary Medicine licensing program,

419 created under chapter 474.

420 (n)14. Home inspection services licensing program, created

421 under part XV of chapter 468.

422 (o)15. Mold-related services licensing program, created

423 under part XVI of chapter 468.

424 (p) Talent agency licensing program, created under part

425 VII of chapter 468.

426 (q) The Florida Building Commission, created under chapter

427 553.

428 (r) The Community Association Managers licensing program,

429 created under part VIII of chapter 468.

430 (s) Yacht and ship brokers licensing program, created

431 under chapter 326.

432 ~~(b) The following board and commission are established~~

433 ~~within the Division of Real Estate:~~

434 ~~1. Florida Real Estate Appraisal Board, created under part~~

435 ~~II of chapter 475.~~

436 ~~2. Florida Real Estate Commission, created under part I of~~

437 ~~chapter 475.~~

438 ~~(c) The following board is established within the Division~~

439 ~~of Certified Public Accounting: Board of Accountancy, created~~

440 ~~under chapter 473.~~

441 ~~(5) The members of each board established pursuant to~~

442 ~~subsection (4) shall be appointed by the Governor, subject to~~

443 ~~confirmation by the Senate. Consumer members on the board shall~~

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

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

446 ~~October 31. However, a term of less than 4 years may be utilized~~

447 ~~to ensure that:~~

448 ~~(a) No more than two members' terms expire during the same~~

449 ~~calendar year for boards consisting of seven or eight members.~~

450 ~~(b) No more than 3 members' terms expire during the same~~

451 ~~calendar year for boards consisting of 9 to 12 members.~~

452 ~~(c) No more than 5 members' terms expire during the same~~

453 ~~calendar year for boards consisting of 13 or more members.~~

455 ~~A member whose term has expired shall continue to serve on the~~

456 ~~board until such time as a replacement is appointed. A vacancy~~

457 ~~on the board shall be filled for the unexpired portion of the~~

458 ~~term in the same manner as the original appointment. No member~~

459 ~~may serve for more than the remaining portion of a previous~~

460 ~~member's unexpired term, plus two consecutive 4-year terms of~~

461 ~~the member's own appointment thereafter.~~

462 ~~(6) Each board with five or more members shall have at~~

463 ~~least two consumer members who are not, and have never been,~~

464 ~~members or practitioners of the profession regulated by such~~

465 ~~board or of any closely related profession. Each board with~~

466 ~~fewer than five members shall have at least one consumer member~~

467 ~~who is not, and has never been, a member or practitioner of the~~

468 ~~profession regulated by such board or of any closely related~~

469 ~~profession.~~

470 ~~(7) No board, with the exception of joint~~

471 ~~coordinatorships, shall be transferred from its present location~~

472 ~~unless authorized by the Legislature in the General~~

473 ~~Appropriations Act.~~

474 (5)(8) Notwithstanding any other provision of law, the

475 department shall ~~is authorized to~~ establish uniform application

476 forms and certificates of licensure for use by the divisions

477 within the department. However, ~~Nothing in~~ this subsection does

478 not authorize ~~authorizes~~ the department to vary any substantive

479 requirements, duties, or eligibilities for licensure or

480 certification as provided by law.

481 (6)(9)(a) All employees authorized by the Division of

482 Alcoholic Beverages and Tobacco shall have access to, and shall

483 have the right to inspect, premises licensed by the division, to

484 collect taxes and remit them to the officers entitled to them,

485 and to examine the books and records of all licensees. The

486 authorized employees shall require of each licensee strict

487 compliance with the laws of this state relating to the

488 transaction of such business.

489 (b) Each employee serving as a law enforcement officer for

490 the division must meet the qualifications for employment or

491 appointment as a law enforcement officer set forth under s.

492 943.13 and must be certified as a law enforcement officer by the

493 Department of Law Enforcement under chapter 943. Upon

494 certification, each law enforcement officer is subject to and

495 has the same authority as provided for law enforcement officers

496 generally in chapter 901 and has statewide jurisdiction. Each

497 officer also has arrest authority as provided for state law

498 enforcement officers in s. 901.15. Each officer possesses the

499 full law enforcement powers granted to other peace officers of

500 this state, including the authority to make arrests, carry

501 firearms, serve court process, and seize contraband and the

502 proceeds of illegal activities.

503 1. The primary responsibility of each officer appointed

504 under this section is to investigate, enforce, and prosecute,

505 throughout this ~~the~~ state, violations and violators of parts I

506 and II of chapter 210, part VII of chapter 559, and chapters

507 561-569, and the rules adopted thereunder, as well as other

508 state laws that the division, all state law enforcement

509 officers, or beverage enforcement agents are specifically

510 authorized to enforce.

511 2. The secondary responsibility of each officer appointed

512 under this section is to enforce all other state laws, provided

513 that the enforcement is incidental to exercising the officer's

514 primary responsibility as provided in subparagraph 1., and the

515 officer exercises the powers of a deputy sheriff, only after

516 consultation or coordination with the appropriate local

517 sheriff's office or municipal police department or when the

518 division participates in the Florida Mutual Aid Plan during a

519 declared state emergency.

520 (7) The Department of Business and Professional Regulation

521 shall provide, via e-mail, to each person licensed by the

522 department, as promptly as possible after the adjournment sine

523 die of the regular session of the Legislature, a summary of

524 changes to existing law relating to each business and profession

525 and the effective date of each change.

526 Section 2. Sections 310.011, 310.032, 310.042, 455.2124,

527 455.2228, 468.384, 468.399, 468.4315, 468.4337, 468.4338,

528 468.521, 468.522, 468.523, 468.605, 468.8316, 468.8416,

529 471.0195, 472.007, 472.008, 472.009, 472.017, 472.018, 472.019,

530 473.303, 474.204, 474.205, 474.206, 475.02, 475.03, 475.04,

531 475.045, 475.05, 475.10, 476.054, 476.064, 477.015, 481.205,

532 481.2055, 481.305, 482.243, 489.107, 489.507, 492.103,

533 499.01211, 559.9221, and 570.81, Florida Statutes, are repealed.

534 Section 3. Paragraph (c) of subsection (3) of section

535 120.54, Florida Statutes, is amended to read:

536 120.54 Rulemaking.—

537 (3) ADOPTION PROCEDURES.—

538 (c) Hearings.—

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

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

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

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

543 action, give affected persons an opportunity to present evidence

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

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

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

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

548 are available to explain the agency's proposal and to respond to

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

550 a board, licensing program, or commission ~~or other collegial~~

551 ~~body~~ created under s. 20.165(4) or s. 20.43(3)(g), and one or

552 more requested public hearings is scheduled, the board,

553 licensing program, or commission ~~or other collegial body~~ shall

554 conduct at least one of the public hearings itself and may not

555 delegate this responsibility without the consent of those

556 persons requesting the public hearing. Any material pertinent to

557 the issues under consideration submitted to the agency within 21

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

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

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

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

562 proceeding.

563 2. Rulemaking proceedings shall be governed solely by the

564 provisions of this section unless a person timely asserts that

565 the person's substantial interests will be affected in the

566 proceeding and affirmatively demonstrates to the agency that the

567 proceeding does not provide adequate opportunity to protect

568 those interests. If the agency determines that the rulemaking

569 proceeding is not adequate to protect the person's interests, it

570 shall suspend the rulemaking proceeding and convene a separate

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

572 Similarly situated persons may be requested to join and

573 participate in the separate proceeding. Upon conclusion of the

574 separate proceeding, the rulemaking proceeding shall be resumed.

575 Section 4. Paragraph (ttt) of subsection (7) of section

576 212.08, Florida Statutes, is amended to read:

577 212.08 Sales, rental, use, consumption, distribution, and

578 storage tax; specified exemptions.—The sale at retail, the

579 rental, the use, the consumption, the distribution, and the

580 storage to be used or consumed in this state of the following

581 are hereby specifically exempt from the tax imposed by this

582 chapter.

583 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any

584 entity by this chapter do not inure to any transaction that is

585 otherwise taxable under this chapter when payment is made by a

586 representative or employee of the entity by any means,

587 including, but not limited to, cash, check, or credit card, even

588 when that representative or employee is subsequently reimbursed

589 by the entity. In addition, exemptions provided to any entity by

590 this subsection do not inure to any transaction that is

591 otherwise taxable under this chapter unless the entity has

592 obtained a sales tax exemption certificate from the department

593 or the entity obtains or provides other documentation as

594 required by the department. Eligible purchases or leases made

595 with such a certificate must be in strict compliance with this

596 subsection and departmental rules, and any person who makes an

597 exempt purchase with a certificate that is not in strict

598 compliance with this subsection and the rules is liable for and

599 shall pay the tax. The department may adopt rules to administer

600 this subsection.

601 (ttt) Small private investigative agencies.—

602 1. As used in this paragraph, the term:

603 a. "Private investigation services" has the same meaning

604 as "private investigation," as defined in s. 493.6101(17).

605 b. "Small private investigative agency" means a private

606 investigator licensed under s. 493.6201 which:

607 (I) Employs three or fewer full-time or part-time

608 employees, including those performing services pursuant to an

609 employee leasing arrangement as defined in s. 468.520 s.

610 ~~468.520(4),~~ in total; and

611 (II) During the previous calendar year, performed private

612 investigation services otherwise taxable under this chapter in

613 which the charges for the services performed were less than

614 $150,000 for all its businesses related through common

615 ownership.

616 2. The sale of private investigation services by a small

617 private investigative agency to a client is exempt from the tax

618 imposed by this chapter.

619 3. The exemption provided by this paragraph may not apply

620 in the first calendar year a small private investigative agency

621 conducts sales of private investigation services taxable under

622 this chapter.

623 Section 5. Paragraph (f) of subsection (1) of section

624 215.5586, Florida Statutes, is amended to read:

625 215.5586 My Safe Florida Home Program.—There is

626 established within the Department of Financial Services the My

627 Safe Florida Home Program. The department shall provide fiscal

628 accountability, contract management, and strategic leadership

629 for the program, consistent with this section. This section does

630 not create an entitlement for property owners or obligate the

631 state in any way to fund the inspection or retrofitting of

632 residential property in this state. Implementation of this

633 program is subject to annual legislative appropriations. It is

634 the intent of the Legislature that, subject to the availability

635 of funds, the My Safe Florida Home Program provide licensed

636 inspectors to perform hurricane mitigation inspections of

637 eligible homes and grants to fund hurricane mitigation projects

638 on those homes. The department shall implement the program in

639 such a manner that the total amount of funding requested by

640 accepted applications, whether for inspections, grants, or other

641 services or assistance, does not exceed the total amount of

642 available funds. If, after applications are processed and

643 approved, funds remain available, the department may accept

644 applications up to the available amount. The program shall

645 develop and implement a comprehensive and coordinated approach

646 for hurricane damage mitigation pursuant to the requirements

647 provided in this section.

648 (1) HURRICANE MITIGATION INSPECTIONS.—

649 (f) To qualify for selection by the department as a wind

650 certification entity to provide hurricane mitigation

651 inspections, the entity must, at a minimum, meet the following

652 requirements:

653 1. Use hurricane mitigation inspectors who are licensed or

654 certified as:

655 a. A building inspector under s. 468.607;

656 b. A general, building, or residential contractor under s.

657 489.111;

658 c. A professional engineer under s. 471.015;

659 d. A professional architect under s. 481.213; or

660 e. A home inspector under s. 468.8314 and who have

661 completed at least 3 hours of hurricane mitigation training

662 approved by the department ~~Construction Industry Licensing~~

663 ~~Board,~~ which training must include hurricane mitigation

664 techniques, compliance with the uniform mitigation verification

665 form, and completion of a proficiency exam.

666 2. Use hurricane mitigation inspectors who also have

667 undergone drug testing and a background screening. The

668 department may conduct criminal record checks of inspectors used

669 by wind certification entities. Inspectors must submit a set of

670 fingerprints to the department for state and national criminal

671 history checks and must pay the fingerprint processing fee set

672 forth in s. 624.501. The fingerprints must be sent by the

673 department to the Department of Law Enforcement and forwarded to

674 the Federal Bureau of Investigation for processing. The results

675 must be returned to the department for screening. The

676 fingerprints must be taken by a law enforcement agency,

677 designated examination center, or other department-approved

678 entity.

679 3. Provide a quality assurance program including a

680 reinspection component.

681 Section 6. Paragraph (b) of subsection (3) of section

682 215.55871, Florida Statutes, is amended to read:

683 215.55871 My Safe Florida Condominium Pilot Program.—There

684 is established within the Department of Financial Services the

685 My Safe Florida Condominium Pilot Program to be implemented

686 pursuant to appropriations. The department shall provide fiscal

687 accountability, contract management, and strategic leadership

688 for the pilot program, consistent with this section. This

689 section does not create an entitlement for associations or unit

690 owners or obligate the state in any way to fund the inspection

691 or retrofitting of condominiums in the state. Implementation of

692 this pilot program is subject to annual legislative

693 appropriations. It is the intent of the Legislature that the My

694 Safe Florida Condominium Pilot Program provide licensed

695 inspectors to perform inspections for and grants to eligible

696 associations as funding allows.

697 (3) HURRICANE MITIGATION INSPECTORS.—

698 (b) The department shall contract with wind certification

699 entities to provide hurricane mitigation inspections. To qualify

700 for selection by the department as a wind certification entity

701 to provide hurricane mitigation inspections, the entity must, at

702 a minimum, meet all of the following requirements:

703 1. Use hurricane mitigation inspectors who are licensed or

704 certified as:

705 a. A building inspector under s. 468.607;

706 b. A general, building, or residential contractor under s.

707 489.111;

708 c. A professional engineer under s. 471.015;

709 d. A professional architect under s. 481.213; or

710 e. A home inspector under s. 468.8314 who has completed at

711 least 3 hours of hurricane mitigation training approved by the

712 department ~~Construction Industry Licensing Board,~~ which must

713 include hurricane mitigation techniques, compliance with the

714 uniform mitigation verification form, and completion of a

715 proficiency exam.

716 2. Use hurricane mitigation inspectors who have undergone

717 drug testing and a background screening. The department may

718 conduct criminal record checks of inspectors used by wind

719 certification entities. Inspectors must submit a full set of

720 fingerprints to the department or to a vendor, an entity, or an

721 agency authorized under s. 943.053(13). The department, vendor,

722 entity, or agency shall forward the fingerprints to the

723 Department of Law Enforcement for state processing, and the

724 Department of Law Enforcement shall forward the fingerprints to

725 the Federal Bureau of Investigation for national processing.

726 Fees for state and federal fingerprint processing shall be borne

727 by the inspector. The state cost for fingerprint processing

728 shall be as provided in s. 943.053(3)(e). The results must be

729 returned to the department for screening. The fingerprints must

730 be taken by a law enforcement agency, designated examination

731 center, or other department-approved entity.

732 3. Provide a quality assurance program including a

733 reinspection component.

734 Section 7. Subsection (1) of section 309.01, Florida

735 Statutes, is amended to read:

736 309.01 Deposit of material in tidewater regulated.—

737 (1) It is not lawful for any person to discharge or cause

738 to be discharged or deposit or cause to be deposited, in the

739 tide or salt waters of any bay, port, harbor, or river of this

740 state, any ballast or material of any kind other than clear

741 stone or rock, free from gravel or pebbles, which said clear

742 stone or rock shall be deposited or discharged only in the

743 construction of enclosures in connection with wharves, piers,

744 quays, jetties, or in the construction of permanent bulkheads

745 connecting the solid and permanent portion of wharves. It is

746 lawful to construct three characters of bulkheads for retention

747 of material in solid wharves. First, clear stone or rock

748 enclosures, or bulkheads, may be built upon all sides to a

749 height not less than 2 1/2 feet above high watermark; and after

750 the enclosures have been made so solid, tight, and permanent as

751 to prevent any sand, mud, gravel, or other material that may be

752 discharged or deposited in them from drifting or escaping

753 through such enclosures, any kind of ballast may be discharged

754 or deposited within the enclosures. The enclosures may be

755 constructed of wood, stone, and rock combined, the stone and

756 rocks to be placed on the outside of the wood to a height not

757 less at any point than 2 1/2 feet above high watermark. Second,

758 a bulkhead may be built by a permanent wharf consisting of

759 thoroughly creosoted piles not less than 12 inches in diameter

760 at the butt end, to be driven close together and to be capped

761 with timber not less than 10 or 14 inches drift, bolted to each

762 pile, and one or more longitudinal stringers to be placed on the

763 outside of the bulkhead and securely anchored by means of iron

764 rods to piles driven within the bulkheads, clear rock to be on

765 the inside of the bulkhead, to a height of not less than 2 1/2

766 feet above high water; and after this is done, ballast or other

767 material may be deposited within the permanent enclosure so

768 constructed. Third, a bulkhead may be constructed to consist of

769 creosoted piles, as described herein, driven not exceeding 4

770 feet apart from center to center, inside of which two or more

771 longitudinal stringers may be placed and securely bolted to the

772 piles. Inside of these longitudinal pieces, two thicknesses of

773 creosoted sheet piling are to be driven, each course of the

774 sheet piling to make a joint with the other so as to form an

775 impenetrable wharf; and within this permanent bulkhead so

776 constructed, any ballast or other material may be deposited. No

777 Such an enclosure, pier, quay, or jetty may not begin ~~shall be~~

778 ~~begun~~ until the point at which ~~whereat~~ it is to be built shall

779 have been connected by a substantial wharf with a shore or with

780 a permanent wharf; except that the owners of wharves may at any

781 time, with the consent of ~~the Board of Pilot Commissioners of~~

782 ~~the Division of Professions of~~ the Department of Business and

783 Professional Regulation, build wharves of clear stone or rock,

784 or creosoted walls as hereinafter provided, on each side of

785 their wharves from the shore to a point at which the water is

786 not more than 15 feet deep, and when such walls have attained a

787 height of 2 1/2 feet above high watermark and have been securely

788 closed at the deepwater end by stone or creosoted walls of the

789 same height, any kind of ballast may be deposited in them.

790 Nothing contained in this section shall interfere with any

791 rights or privileges now enjoyed by riparian owners. While this

792 section empowers those who desire to construct the several

793 characters of wharves, piers, quays, jetties, and bulkheads

794 provided for and described herein, nothing in this section shall

795 be so construed as to require any person not desiring to

796 construct a permanent wharf by filling up with ballast, stone,

797 or other material to construct under the specifications

798 contained herein; and nothing in this chapter shall be so

799 construed as to prevent any person from constructing any wharf

800 or placing any pilings, logs, or lumber in any waters where the

801 person would have heretofore had the right so to do.

802 Section 8. Subsection (3) of section 310.0015, Florida

803 Statutes, is amended to read:

804 310.0015 Piloting regulation; general provisions.—

805 (3) The rate-setting process, the issuance of licenses

806 only in numbers deemed necessary or prudent by the department

807 ~~board,~~ and other aspects of the economic regulation of piloting

808 established in this chapter are intended to protect the public

809 from the adverse effects of unrestricted competition which would

810 result from an unlimited number of licensed pilots being allowed

811 to market their services on the basis of lower prices rather

812 than safety concerns. This system of regulation benefits and

813 protects the public interest by maximizing safety, avoiding

814 uneconomic duplication of capital expenses and facilities, and

815 enhancing state regulatory oversight. The system seeks to

816 provide pilots with reasonable revenues, taking into

817 consideration the normal uncertainties of vessel traffic and

818 port usage, sufficient to maintain reliable, stable piloting

819 operations. Pilots have certain restrictions and obligations

820 under this system, including, but not limited to, the following:

821 (a) Pilots may not refuse to provide piloting services to

822 any person or entity that may lawfully request such services,

823 except for justifiable concerns relating to safety, or, in the

824 case of a vessel planning a departure, for nonpayment of

825 pilotage.

826 (b) Pilots may not unilaterally determine the pilotage

827 rates they charge. Such pilotage rates shall instead be

828 determined by the Pilotage Rate Review Committee, in the public

829 interest, as set forth in s. 310.151.

830 (c) Pilots shall maintain or secure adequate pilot boats,

831 office facilities and equipment, dispatch systems, communication

832 equipment and other facilities, and equipment and support

833 services necessary for a modern, dependable piloting operation.

834 (d) The pilot or pilots in a port shall train and

835 compensate all member deputy pilots in that port. Failure to

836 train or compensate such deputy pilots constitutes a ground for

837 disciplinary action under s. 310.101. Nothing in this subsection

838 may be deemed to create an agency or employment relationship

839 between a pilot or deputy pilot and the pilot or pilots in a

840 port.

841 (e) In any instance of a payment or transfer of funds, a

842 request for the payment or transfer of funds, or a contractual

843 obligation assumed in respect to the payment or transfer of

844 funds from a licensee payor to a pilot or group of pilots, or to

845 any legal entity or fund administered or controlled by or under

846 common control with such pilot or group of pilots, the pilot or

847 group of pilots shall provide to the licensee payor, at the time

848 the payment or transfer or request for the payment or transfer

849 is made or the obligation is assumed in respect to the payment

850 or transfer, a detailed accounting of the specific assets,

851 tangible or intangible, in which an interest is being directly

852 or indirectly purchased or for which the licensee payor is being

853 granted an interest in return for such payment or transfer of

854 funds or such contractual obligation. This paragraph does not

855 apply to either payments or transfers of funds if their

856 aggregate amounts are less than $1,000. As used in this

857 paragraph, "licensee payor" means any current or prospective

858 state pilot or deputy pilot.

859 Section 9. Subsection (3) of section 310.002, Florida

860 Statutes, is amended to read:

861 310.002 Definitions.—As used in this chapter, except where

862 the context clearly indicates otherwise:

863 ~~(3) "Board" means the Board of Pilot Commissioners.~~

864 Section 10. Section 310.051, Florida Statutes, is amended to read:

866 310.051 Personnel; employment.—

867 (1) The department may appoint or employ such personnel as

868 may be necessary to assist the department ~~and the board~~ in doing

869 and performing any and all of the powers, duties, and

870 obligations set forth in this chapter. Such personnel need not

871 be licensed state pilots or members of the department ~~board.~~

872 Such personnel shall be authorized to do and perform such duties

873 and work as may be assigned by the department. Except as

874 otherwise provided in this chapter, the department shall provide

875 all legal services necessary in carrying out the provisions of

876 this chapter.

877 (2) The department shall hire a person knowledgeable and

878 experienced in matters related to piloting. Such person shall

879 act for the department on matters of examination and

880 investigation and, when he or she deems it necessary, in the

881 selection of legal counsel qualified in admiralty law. ~~On an~~

882 ~~annual basis, the board shall recommend to the department a~~

883 ~~person knowledgeable and experienced in matters related to~~

884 ~~piloting to fill this post, and the department may accept or~~

885 ~~reject the recommendation. If the department rejects the board's~~

886 ~~recommendation, the board shall continue to submit~~

887 ~~recommendations until one is accepted by the department. Unless~~

888 ~~there is affirmative action by both the board and the~~

889 ~~department, at the end of each year, the position shall be~~

890 ~~declared vacant and the board shall submit a new recommendation~~

891 ~~for a person to fill such position.~~

892 Section 11. Section 310.061, Florida Statutes, is amended

893 to read:

894 310.061 State pilots; number; cross licensing.—The

895 department ~~board~~ shall determine the number of pilots based on

896 the supply and demand for piloting services and the public

897 interest in maintaining efficient and safe piloting services.

898 Based on the economic conditions of the port, the department

899 ~~board~~ may adopt rules authorizing cross licensing between ports,

900 if this will best serve the public interest.

901 Section 12. Paragraphs (b), (c), and (d) of subsection (1)

902 and subsections (2) and (3) of section 310.071, Florida

903 Statutes, are amended to read:

904 310.071 Deputy pilot certification.—

905 (1) In addition to meeting other requirements specified in

906 this chapter, each applicant for certification as a deputy pilot

907 must:

908 (b) Have successfully completed 12 years of formal

909 education, as evidenced by a high school diploma or by

910 equivalent evidence thereof that is satisfactory to the

911 department ~~board.~~

912 (c) Be in good physical and mental health, as evidenced by

913 documentary proof of having satisfactorily passed a complete

914 physical examination administered by a licensed physician within

915 the preceding 6 months. The department ~~board~~ shall adopt rules

916 to establish requirements for passing the physical examination,

917 which rules shall establish minimum standards for the physical

918 or mental capabilities necessary to carry out the professional

919 duties of a certificated deputy pilot. Such standards shall

920 include zero tolerance for any controlled substance regulated

921 under chapter 893 unless that individual is under the care of a

922 physician, an advanced practice registered nurse, or a physician

923 assistant and that controlled substance was prescribed by that

924 physician, advanced practice registered nurse, or physician

925 assistant. To maintain eligibility as a certificated deputy

926 pilot, each certificated deputy pilot must annually provide

927 documentary proof of having satisfactorily passed a complete

928 physical examination administered by a licensed physician. The

929 physician must know the minimum standards and certify that the

930 certificateholder satisfactorily meets the standards. The

931 standards for certificateholders shall include a drug test.

932 (d) Have had maritime experience satisfactory to the

933 department before ~~board prior to~~ taking the examination required

934 under s. 310.081(2), as evidenced by documentation of the

935 following service while holding a United States Coast Guard

936 license:

937 1. At least 2 years of service at sea during the 5-year

938 period immediately preceding the examination, 1 year of which

939 must have been in at least the capacity of an unlimited second

940 mate;

941 2. At least 2 years of service during the 5-year period

942 immediately preceding the examination in a deepwater United

943 States port as an active first-class unlimited pilot serving on

944 at least an unlimited second mate's license or a license as

945 master of freight and towing vessel of at least 1,600 gross

946 registered tons upon oceans, and acting under authority of a

947 duly constituted governmental regulatory entity;

948 3. At least 2 years of service during the 5-year period

949 immediately preceding the examination as an active first-class

950 unlimited pilot serving on a Great Lakes unlimited master's

951 license;

952 4. At least 2 years of towing experience during the 5-year

953 period immediately preceding the examination, 1 year of which

954 must have been in the capacity of master of a tugboat/barge

955 combination of at least 5,000 gross registered tons, combined

956 tonnage, while holding a license as master of freight and towing

957 vessel of at least 1,600 gross registered tons upon oceans; or

958 5. At least 3 years of experience as a deck watch officer

959 during the 10-year period immediately preceding the examination,

960 1 year of which in the 5-year period immediately preceding the

961 exam must have been as the commanding officer, executive

962 officer, or operations officer of a United States Navy vessel or

963 a United States Coast Guard vessel of at least 1,600 gross tons,

964 and must currently hold a United States Coast Guard license of

965 at least an unlimited second mate.

966 (2) The department ~~board~~ may adopt rules authorizing

967 equivalent combinations of service from two or more of the areas

968 specified in subparagraphs (1)(d)1., 2., 3., 4., and 5. However,

969 the department ~~board~~ may waive the maritime experience

970 requirements prescribed in paragraph (1)(d) when necessary to

971 fill an opening, provided an applicant meeting such requirements

972 has not applied for the opening and the opening has been

973 advertised more than once.

974 (3) The initial certificate issued to a deputy pilot shall

975 be valid for a period of 12 months, and at the end of this

976 period, the certificate shall automatically expire and may ~~shall~~

977 not be renewed. During this period, the department ~~board~~ shall

978 thoroughly evaluate the deputy pilot's performance for

979 suitability to continue training ~~and shall make appropriate~~

980 ~~recommendations to the department.~~ Upon the finding ~~receipt~~ of a

981 favorable evaluation ~~recommendation by the board,~~ the department

982 shall issue a certificate to the deputy pilot, which shall be

983 valid for a period of 2 years. The certificate may be renewed

984 only two times, except in the case of a fully licensed pilot who

985 is cross-licensed as a deputy pilot in another port, and

986 provided the deputy pilot meets the requirements specified for

987 pilots in paragraph (1)(c).

988 Section 13. Section 310.073, Florida Statutes, is amended

989 to read:

990 310.073 State pilot licensing.—In addition to meeting

991 other requirements specified in this chapter, each applicant for

992 license as a state pilot must:

993 (1) Be at least 21 years of age, as evidenced by a copy of

994 a birth certificate or other legal proof of age.

995 (2) Have successfully completed 12 years of formal

996 education, as evidenced by a high school diploma or by

997 equivalent evidence thereof that is satisfactory to the

998 department ~~board.~~

999 (3) Be in good physical and mental health, as evidenced by

1000 documentary proof of having satisfactorily passed a complete

1001 physical examination administered by a licensed physician within

1002 the preceding 6 months. The department ~~board~~ shall adopt rules

1003 to establish requirements for passing the physical examination,

1004 which rules shall establish minimum standards for the physical

1005 or mental capabilities necessary to carry out the professional

1006 duties of a licensed state pilot. Such standards shall include

1007 zero tolerance for any controlled substance regulated under

1008 chapter 893 unless that individual is under the care of a

1009 physician, an advanced practice registered nurse, or a physician

1010 assistant and that controlled substance was prescribed by that

1011 physician, advanced practice registered nurse, or physician

1012 assistant. To maintain eligibility as a licensed state pilot,

1013 each licensed state pilot must annually provide documentary

1014 proof of having satisfactorily passed a complete physical

1015 examination administered by a licensed physician. The physician

1016 must know the minimum standards and certify that the licensee

1017 satisfactorily meets the standards. The standards for licensees

1018 shall include a drug test.

1019 (4) Have had at least 2 years of service as a deputy pilot

1020 in the port in which license as a licensed state pilot is

1021 desired, which service must have been attained during the period

1022 immediately preceding the examination required under s.

1023 310.081(1). Further, at the time of application, each applicant

1024 must have a valid United States Coast Guard first-class

1025 unlimited pilot's license covering all of the waters of the port

1026 in which license as a state pilot is desired and must have

1027 successfully completed the department-approved ~~board-approved~~

1028 deputy pilot training program in the port in which license as a

1029 state pilot is desired. Section 14. Section 310.075, Florida Statutes, is amended

1031 to read:

1032 310.075 Deputy pilot training program.—The licensed state

1033 pilots in each port shall submit to the department ~~board~~ for its

1034 approval a deputy pilot training program of not less than 2

1035 years' duration, applicable to all deputy pilots appointed to

1036 serve at such port. The following requirements constitute the

1037 parameters within which deputy pilot training programs are to be

1038 established and carried out by the licensed state pilots at all

1039 ports in this state:

1040 (1) Upon receiving his or her appointment, a deputy pilot

1041 must report to the licensed state pilots at the port he or she

1042 is appointed to serve and must serve a period of not less than

1043 90 days as an observer trainee. During such period:

1044 (a) The observer trainee must accompany licensed state

1045 pilots, becoming thoroughly familiar with all of the waters, the

1046 channels, the harbor, and the port under varied conditions.

1047 (b) The observer trainee must obtain a valid United States

1048 Coast Guard first-class unlimited pilot's license covering all

1049 of the waters of the port before the department ~~board~~ may

1050 authorize him or her to pilot vessels within the limits and

1051 specifications established by the licensed state pilots of the

1052 port.

1053 (2) Upon completion of the observer-trainee period, the

1054 deputy pilot must submit to the department ~~board~~ a deputy pilot

1055 vessel handling form for each vessel upon which he or she has

1056 accompanied a licensed state pilot. Each such form must be

1057 signed by the pilot in charge who accompanied the deputy pilot

1058 and must accurately recite:

1059 (a) The vessel's registry, length, gross tonnage, and

1060 draft;

1061 (b) The name of the berth from which or to which the

1062 vessel was piloted;

1063 (c) The weather and sea conditions encountered;

1064 (d) The time of day;

1065 (e) Any marine incidents required to be reported under s.

1066 310.111; and

1067 (f) The comments of the pilot in charge, including

1068 whether, under his or her supervision, the pilot in charge

1069 turned the navigation of the vessel over to the deputy pilot.

1070 (3) Each request to increase the limits and specifications

1071 under which a deputy pilot is authorized to pilot must be

1072 submitted to the department ~~board~~ and must be accompanied by a

1073 deputy pilot vessel handling form as provided in subsection (2)

1074 for each vessel the deputy pilot has piloted since his or her

1075 limits and specifications were last increased by the department

1076 ~~board.~~

1077 (4) For successful completion of the deputy pilot training

1078 program, a deputy pilot must have gradually been increased in

1079 his or her authorized limits and specifications until the deputy

1080 pilot has been authorized by the department ~~board~~ to pilot

1081 vessels with a maximum draft of not more than 3 feet less than

1082 the normal maximum draft allowable in the port in which the

1083 deputy pilot is authorized to pilot, as proposed by the licensed

1084 state pilots in that port and approved by the department ~~board.~~

1085 Section 15. Section 310.081, Florida Statutes, is amended

1086 to read:

1087 310.081 Department to examine and license state pilots and

1088 certificate deputy pilots; vacancies.—

1089 (1) The department shall examine persons who file

1090 application as state pilot in all matters pertaining to the

1091 management of vessels and in regard to their knowledge of the

1092 channels, waters, harbors, and port where they wish to serve,

1093 and, if upon examination to determine proficiency the department

1094 finds them qualified to pilot all classes of vessels liable to

1095 enter that port and thoroughly familiar with the waters, the

1096 channels, the harbor, and the port, the department shall appoint

1097 and license as state pilots such number of pilots as in the

1098 discretion of the department ~~board~~ are required to act in the

1099 ports of the state. However, the number of pilots appointed and

1100 licensed by the department may ~~shall~~ not exceed the number

1101 provided for in s. 310.061.

1102 (2) The department shall similarly examine persons who

1103 file applications for certificate as deputy pilot, and, if upon

1104 examination to determine proficiency the department finds them

1105 qualified, the department must certify as qualified all

1106 applicants who pass the examination, provided that not more than

1107 five persons who passed the examination are certified for each

1108 declared opening. If more than five applicants per opening pass

1109 the examination, the persons having the highest scores must be

1110 certified as qualified up to the number of openings times five.

1111 The department shall appoint and certificate such number of

1112 deputy pilots from those applicants deemed qualified as in the

1113 discretion of the department ~~board~~ are required in the

1114 respective ports of the state. A deputy pilot shall be

1115 authorized by the department to pilot vessels within the limits

1116 and specifications established by the licensed state pilots at

1117 the port where the deputy is appointed to serve.

1118 (3) Pilots shall hold their licenses or certificates

1119 pursuant to the requirements of this chapter so long as they:

1120 (a) Possess the qualifications set out in this chapter.

1121 (b) Are in good physical and mental health as evidenced by

1122 documentary proof of having satisfactorily passed a physical

1123 examination administered by a licensed physician or physician

1124 assistant within each calendar year. The department ~~board~~ shall

1125 adopt rules to establish requirements for passing the physical

1126 examination, which rules shall establish minimum standards for

1127 the physical or mental capabilities necessary to carry out the

1128 professional duties of a licensed state pilot or a certificated

1129 deputy pilot. Such standards shall include zero tolerance for

1130 any controlled substance regulated under chapter 893 unless that

1131 individual is under the care of a physician, an advanced

1132 practice registered nurse, or a physician assistant and that

1133 controlled substance was prescribed by that physician, advanced

1134 practice registered nurse, or physician assistant. To maintain

1135 eligibility as a certificated deputy pilot or licensed state

1136 pilot, each certificated deputy pilot or licensed state pilot

1137 must annually provide documentary proof of having satisfactorily

1138 passed a complete physical examination administered by a

1139 licensed physician. The physician must know the minimum

1140 standards and certify that the certificateholder or licensee

1141 satisfactorily meets the standards. The standards for

1142 certificateholders and for licensees shall include a drug test.

1143 (c) Are subject to a substance abuse program that has been

1144 approved by the department ~~board,~~ which includes provisions for

1145 drug testing.

1146 ~~(d) Attend a board-approved seminar for continuing~~

1147 ~~education which includes radar certification.~~

1148 (d)(e) Remain in active service in the ports for which

1149 they are appointed.

1151 Upon resignation or in the case of disability permanently

1152 affecting a pilot's ability to serve, the state license or

1153 certificate issued under this chapter shall be revoked by the

1154 department. Section 16. Paragraphs (d), (g), and (h) of subsection (1)

1156 and subsections (2), (3), and (4) of section 310.101, Florida

1157 Statutes, are amended to read:

1158 310.101 Grounds for disciplinary action by the department

1159 ~~board.—~~

1160 (1) Any act of misconduct, inattention to duty,

1161 negligence, or incompetence; any willful violation of any law or

1162 rule, including the rules of the road, applicable to a licensed

1163 state pilot or certificated deputy pilot; or any failure to

1164 exercise that care which a reasonable and prudent licensed state

1165 pilot or certificated deputy pilot would exercise under the same

1166 or similar circumstances may result in disciplinary action.

1167 Examples of acts by a licensed state pilot or certificated

1168 deputy pilot which constitute grounds for disciplinary action

1169 include, but are not limited to:

1170 (d) Navigating in channels where the depth of water under

1171 the keel is less than the prescribed bottom clearance as

1172 recommended by the licensed state pilots of that port and

1173 approved by the department ~~board.~~

1174 (g) Making or filing, or inducing another person to make

1175 or file, a report which the pilot knows to be false or

1176 intentionally or negligently failing to file, or willfully

1177 impeding or obstructing the filing of, a report or record

1178 required by state law or by rule of the ~~board or the~~ department.

1179 Such reports or records include only those which are signed by

1180 the pilot in his or her capacity as a licensed state pilot or

1181 certificated deputy pilot.

1182 (h) Being unable to perform the duties of a pilot with

1183 reasonable skill and safety by reason of illness or use of

1184 alcohol, drugs, narcotics, chemicals, or any other type of

1185 material or as a result of any mental or physical condition such

1186 as, but not limited to, poor eyesight or hearing, heart disease,

1187 or diabetes. In enforcing this paragraph, the department shall

1188 have authority, upon recommendation of the probable cause panel

1189 of the department ~~board,~~ to compel a licensed state pilot or

1190 certificated deputy pilot to submit to a mental or physical

1191 examination by physicians designated by the department. The

1192 failure of a pilot to submit to such an examination when so

1193 directed constitutes an admission of the allegations against the

1194 pilot, unless the failure is due to circumstances beyond his or

1195 her control, consequent upon which an emergency suspension order

1196 may be entered by the department suspending the pilot's license

1197 until he or she complies with the order for a compulsory mental

1198 or physical examination. A licensed state pilot or certificated

1199 deputy pilot affected under this paragraph must be afforded, at

1200 reasonable intervals, an opportunity to demonstrate that he or

1201 she can resume the competent practice of piloting with

1202 reasonable skill and safety.

1203 (2) When the department ~~board~~ finds any person has

1204 committed any act set forth in subsection (1), it may enter an

1205 order imposing one or more of the following penalties:

1206 (a) Refusing to certify to the department an application

1207 for license or certification.

1208 (b) Revoking or suspending the license or certificate.

1209 (c) Restricting the practice of the violator.

1210 (d) Imposing an administrative fine not to exceed $5,000

1211 for each count or separate offense.

1212 (e) Issuing a reprimand.

1213 (f) Placing the licensed state pilot or certificated

1214 deputy pilot on probation for such period of time and subject to

1215 such conditions as the department ~~board~~ may specify, including,

1216 but not limited to, requiring the pilot to submit to treatment,

1217 submit to additional or remedial training, submit to

1218 reexamination, or undergo a complete physical examination.

1219 (3) The department ~~board~~ shall not reinstate the license

1220 or certificate of a state pilot or deputy pilot or cause a

1221 license or certificate to be issued to a person whom it has

1222 determined to be unqualified until the department ~~board~~ is

1223 satisfied that such person has complied with all the terms and

1224 conditions set forth in the final order and that such person is

1225 capable of safely engaging in the practice of piloting.

1226 (4) In any foreign vessel or foreign trading vessel

1227 movement that an individual holding a state pilot license or

1228 deputy pilot certificate is engaged in directing, whether

1229 movement of the vessel in or out of the port or movement in

1230 close proximity to a dock or any other movement undertaken in

1231 furtherance of his or her piloting duties, such individual is

1232 operating under the authority of his or her state license or

1233 certificate and is accountable to the department ~~board~~ for his

1234 or her actions.

1235 Section 17. Subsections (4) and (6) of section 310.102,

1236 Florida Statutes, are amended to read:

1237 310.102 Treatment programs for impaired pilots and deputy

1238 pilots.—

1239 (4) In any disciplinary action for a violation other than

1240 impairment, if a pilot or deputy pilot establishes that the

1241 violation for which the pilot or deputy pilot is being

1242 prosecuted was due to or connected with impairment and further

1243 establishes that the pilot or deputy pilot is satisfactorily

1244 progressing through or has successfully completed an approved

1245 treatment program pursuant to this section, such information may

1246 be considered by the department ~~board~~ as a mitigating factor in

1247 determining the appropriate penalty. This subsection does not

1248 limit mitigating factors the department ~~board~~ may consider.

1249 (6) A consultant, licensee, or approved treatment provider

1250 who makes a disclosure pursuant to this section is not subject

1251 to civil liability for such disclosure or its consequences. The

1252 provisions of s. 766.101 apply to any officer, employee, or

1253 agent of the department ~~or the board~~ and to any officer,

1254 employee, or agent of any entity with which the department has

1255 contracted pursuant to this section.

1256 Section 18. Section 310.111, Florida Statutes, is amended

1257 to read:

1258 310.111 Marine incident reports.—Each collision,

1259 grounding, stranding, or other marine peril sustained or caused

1260 by a vessel on which there was employed a licensed state pilot

1261 or certificated deputy pilot shall be reported to the department

1262 ~~office of the board~~ or the piloting consultant within 48 hours

1263 after of the occurrence. In addition, a written report shall be

1264 submitted to the department on forms and in the manner

1265 prescribed by the department within 7 days after of the

1266 occurrence. However, any marine incident involving oil spillage,

1267 pollution, physical injury, or death shall be reported to the

1268 department ~~board~~ or the piloting consultant by telephone or

1269 telegram within 24 hours after of the occurrence in addition to

1270 submission of the required written report.

1271 Section 19. Section 310.121, Florida Statutes, is amended

1272 to read:

1273 310.121 Application, examination, and biennial fees.—

1274 (1) The department shall, in accordance with rules set by

1275 the department ~~board,~~ assess and collect the following fees:

1276 (a) A fee not to exceed $300 for each application for

1277 licensure as a state pilot or certification as a deputy pilot.

1278 This fee shall be nonrefundable.

1279 (b) A fee not to exceed $300 for each examination for

1280 licensure as a state pilot or certification as a deputy pilot.

1281 (c) A fee not to exceed $300 for each examination review.

1282 (2) The department shall assess and collect biennially

1283 from each licensed state pilot and each certificated deputy

1284 pilot a fee, not to exceed $200 in the case of a licensed state

1285 pilot or $100 in the case of a certificated deputy pilot, such

1286 fees to be set by the department ~~board.~~

1287 Section 20. Section 310.131, Florida Statutes, is amended

1288 to read:

1289 310.131 Assessment of percentage of gross pilotage.—The

1290 department shall assess the licensed state pilots in the

1291 respective ports of the state a percentage of the gross amount

1292 of pilotage earned by such pilots during each year, which

1293 percentage will be established by the department ~~board~~ not to

1294 exceed 2 percent, to be paid into the Professional Regulation

1295 Trust Fund by such pilots at such time and in such manner as the

1296 department ~~board~~ prescribes or as is set forth in the General

1297 Appropriations Act. The financial records of all pilots and

1298 deputy pilots relating to pilotage are subject to audit by the

1299 department and the Auditor General. The department shall by rule

1300 set a procedure for verifying the amount of pilotage at each

1301 port and may charge costs to the appropriate port if the port

1302 does not comply with such procedure.

1303 Section 21. Section 310.142, Florida Statutes, is amended

1304 to read:

1305 310.142 Pilotage at St. Marys Entrance.—The department may

1306 exercise ~~board is authorized to enter into an agreement with the~~

1307 ~~Board of Pilotage Commissioners for the~~ corporate authority of

1308 St. Marys, Georgia, for reciprocal pilotage of vessels in the

1309 boundary waters and tributaries of St. Marys Entrance.

1310 Section 22. Subsections (1) and (7) of section 310.151,

1311 Florida Statutes, are amended to read:

1312 310.151 Rates of pilotage; Pilotage Rate Review

1313 Committee.—

1314 (1)(a) As used in this section, the term:

1315 1. "committee" means the Pilotage Rate Review Committee

1316 established under this section ~~as part of the Board of Pilot~~

1317 ~~Commissioners.~~

1318 ~~2. "Board" means the Board of Pilot Commissioners.~~

1319 (b) To carry out ~~the provisions of~~ this section, the

1320 Pilotage Rate Review Committee is established as part of the

1321 ~~Board of Pilot Commissioners within the~~ department ~~of Business~~

1322 ~~and Professional Regulation.~~ The committee shall consist of the

1323 following seven members ~~of the board:~~ two ~~board~~ members who are

1324 licensed state pilots actively practicing their profession, ~~who~~

1325 ~~shall be appointed by majority vote of the licensed state pilots~~

1326 ~~serving on the board;~~ two ~~board~~ members who are actively

1327 involved in a professional or business capacity in the maritime

1328 industry, marine shipping industry, or commercial passenger

1329 cruise industry; one ~~board~~ member who is a certified public

1330 accountant with at least 5 years of experience in financial

1331 management; and two ~~board~~ members who are citizens of the state.

1332 (c) Committee members shall comply with the disclosure

1333 requirements of s. 112.3143(4) if participating in any matter

1334 that would result in special private gain or loss as described

1335 in that subsection.

1336 (d) The committee may ~~has authority to~~ adopt rules

1337 ~~pursuant to ss. 120.536(1) and 120.54~~ to implement provisions of

1338 this section conferring duties upon it. The department shall

1339 provide the staff required by the committee to carry out its

1340 duties under this section.

1341 (e) All funds received pursuant to this section shall be

1342 placed in the account of the department ~~Board of Pilot~~

1343 ~~Commissioners,~~ and the department ~~Board of Pilot Commissioners~~

1344 shall pay for all expenses incurred pursuant to this section.

1345 (7) The decisions of the committee regarding rates are not

1346 appealable to the department ~~board.~~

1347 Section 23. Section 310.183, Florida Statutes, is amended

1348 to read:

1349 310.183 Immediate inactivation of license or certificate

1350 for certain violations.—The department shall issue an emergency

1351 order placing on inactive status, for a period not to exceed 15

1352 days, the license of any pilot or certificate of any deputy

1353 pilot who, while providing piloting services, is involved in a

1354 marine incident that results in the death of a human or, as

1355 determined by rule ~~of the board,~~ substantial physical injury to

1356 a human or significant property or environmental damage, unless

1357 the department determines that the incident is clearly not the

1358 result of the actions of the pilot or deputy pilot.

1359 Section 24. Subsection (1) of section 310.185, Florida

1360 Statutes, is amended to read:

1361 310.185 Rulemaking.—

1362 (1) The department may ~~board has authority to~~ adopt rules

1363 ~~pursuant to ss. 120.536(1) and 120.54~~ to implement ~~the~~

1364 ~~provisions of~~ this chapter. Section 25. Subsection (2) of section 326.002, Florida

1366 Statutes, is amended to read:

1367 326.002 Definitions.—As used in ss. 326.001-326.006, the

1368 term:

1369 (2) "Division" means the Division of Professions ~~Florida~~

1370 ~~Condominiums, Timeshares, and Mobile Homes~~ of the Department of

1371 Business and Professional Regulation.

1372 Section 26. Subsection (3) of section 326.006, Florida

1373 Statutes, is amended to read:

1374 326.006 Powers and duties ~~of division.—~~

1375 (3) All fees must be deposited in the Professional

1376 Regulation ~~Division of Florida Condominiums, Timeshares, and~~

1377 ~~Mobile Homes~~ Trust Fund as provided by law.

1378 Section 27. Paragraph (a) of subsection (3) of section

1379 376.303, Florida Statutes, is amended to read:

1380 376.303 Powers and duties of the Department of

1381 Environmental Protection.—

1382 (3) INSPECTION OF POLLUTANT STORAGE TANKS.—

1383 (a) The department may inspect the installation of any

1384 pollutant storage tank. Any person installing a pollutant

1385 storage tank, as defined in s. 489.105(16) ~~s. 489.105(17),~~ shall

1386 certify that such installation is in accordance with the

1387 standards adopted pursuant to this section. The department shall

1388 promulgate a form for such certification which shall at a

1389 minimum include:

1390 1. A signed statement by the certified pollutant storage

1391 systems contractor, as defined in s. 489.105(2)(p) s.

1392 ~~489.105(3)(p),~~ that such installation is in accordance with

1393 standards adopted pursuant to this section; and

1394 2. Signed statements by the onsite persons performing or

1395 supervising the installation of a pollutant storage tank, which

1396 statements shall be required of tasks that are necessary for the

1397 proper installation of such tank.

1398 Section 28. Paragraph (n) of subsection (3) of section

1399 381.0065, Florida Statutes, is amended to read:

1400 381.0065 Onsite sewage treatment and disposal systems;

1401 regulation.—

1402 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL

1403 PROTECTION.—The department shall:

1404 (n) Regulate and permit maintenance entities for

1405 performance-based treatment systems and aerobic treatment unit

1406 systems. To ensure systems are maintained and operated according

1407 to manufacturer's specifications and designs, the department

1408 shall establish by rule minimum qualifying criteria for

1409 maintenance entities. The criteria shall include training,

1410 access to approved spare parts and components, access to

1411 manufacturer's maintenance and operation manuals, and service

1412 response time. The maintenance entity shall employ a contractor

1413 licensed under s. 489.105(2)(m) ~~s. 489.105(3)(m),~~ or part III of

1414 chapter 489, or a state-licensed wastewater plant operator, who

1415 is responsible for maintenance and repair of all systems under

1416 contract.

1417 Section 29. Section 403.868, Florida Statutes, is amended

1418 to read:

1419 403.868 Requirements by a utility.—A utility may have more

1420 stringent requirements than set by law, including certification

1421 requirements for water distribution systems and domestic

1422 wastewater collection systems operations, except that a utility

1423 may not require a licensed contractor, as defined in s.

1424 489.105(2) ~~s. 489.105(3)~~ to have any additional license for work

1425 in water distribution systems or domestic wastewater collection

1426 systems.

1427 Section 30. Paragraph (e) of subsection (1) of section

1428 403.9329, Florida Statutes, is amended to read:

1429 403.9329 Professional mangrove trimmers.—

1430 (1) For purposes of ss. 403.9321-403.9333, the following

1431 persons are considered professional mangrove trimmers:

1432 (e) Persons licensed under part II of chapter 481. The

1433 Department of Business and Professional Regulation ~~Board of~~

1434 ~~Landscape Architecture~~ shall establish appropriate standards ~~and~~

1435 ~~continuing legal education requirements~~ to assure the competence

1436 of licensees to conduct the activities authorized under ss.

1437 403.9321-403.9333. Trimming by landscape architects as

1438 professional mangrove trimmers is not allowed until the

1439 establishment of standards by the department ~~board.~~ The

1440 department ~~board~~ shall also establish penalties for violating

1441 ss. 403.9321-403.9333. Only those landscape architects who are

1442 certified in the state may qualify as professional mangrove

1443 trimmers under ss. 403.9321-403.9333, notwithstanding any

1444 reciprocity agreements that may exist between this state and

1445 other states;

1446 Section 31. Paragraph (a) of subsection (19) of section

1447 440.02, Florida Statutes, is amended to read:

1448 440.02 Definitions.—When used in this chapter, unless the

1449 context clearly requires otherwise, the following terms shall

1450 have the following meanings:

1451 (19)(a) "Employer" means the state and all political

1452 subdivisions thereof, all public and quasi-public corporations

1453 therein, every person carrying on any employment, and the legal

1454 representative of a deceased person or the receiver or trustees

1455 of any person. The term also includes employee leasing

1456 companies, as defined in s. 468.520(4) ~~s. 468.520(5),~~ and

1457 employment agencies that provide their own employees to other

1458 persons. If the employer is a corporation, parties in actual

1459 control of the corporation, including, but not limited to, the

1460 president, officers who exercise broad corporate powers,

1461 directors, and all shareholders who directly or indirectly own a

1462 controlling interest in the corporation, are considered the

1463 employer for the purposes of ss. 440.105, 440.106, and 440.107.

1464 Section 32. Section 448.26, Florida Statutes, is amended to read:

1466 448.26 Application.—Nothing in this part shall exempt any

1467 client of any labor pool or temporary help arrangement entity as

1468 defined in s. 468.520(3)(a) ~~s. 468.520(4)(a)~~ or any assigned

1469 employee from any other license requirements of state, local, or

1470 federal law. Any employee assigned to a client who is licensed,

1471 registered, or certified pursuant to law shall be deemed an

1472 employee of the client for such licensure purposes but shall

1473 remain an employee of the labor pool or temporary help

1474 arrangement entity for purposes of chapters 440 and 443.

1475 Section 33. Section 455.203, Florida Statutes, is amended

1476 to read:

1477 455.203 Department; powers and duties.—Notwithstanding any

1478 other law, for each profession under the jurisdiction of the

1479 department, and for the boards under its jurisdiction, the

1480 department shall:

1481 (1) Adopt rules establishing a procedure for the ~~biennial~~

1482 renewal of licenses every 4 years; ~~however, the department may~~

1483 ~~issue up to a 4-year license to selected licensees~~

1484 ~~notwithstanding any other provisions of law to the contrary.~~

1485 Fees for such renewal shall not exceed the fee caps for

1486 individual professions on an annualized basis as authorized by

1487 law.

1488 (2) Appoint the executive director of each board, subject

1489 to the approval of the board.

1490 (3) Submit an annual budget to the Legislature at a time

1491 and in the manner provided by law.

1492 (4) Develop a training program for persons newly appointed

1493 to membership on any board. The program shall familiarize such

1494 persons with the substantive and procedural laws and rules and

1495 fiscal information relating to the regulation of the appropriate

1496 profession and with the structure of the department.

1497 (5) Adopt rules ~~pursuant to ss. 120.536(1) and 120.54~~ to

1498 implement ~~the provisions of~~ this chapter.

1499 (6) Establish by rule procedures by which the department

1500 shall use the expert or technical advice of the appropriate

1501 board for the purposes of investigation, inspection, evaluation

1502 of applications, other duties of the department, or any other

1503 areas the department may deem appropriate.

1504 (7) Require all proceedings of any board or panel thereof

1505 and all formal or informal proceedings conducted by the

1506 department, an administrative law judge, or a hearing officer

1507 with respect to licensing or discipline to be electronically

1508 recorded in a manner sufficient to assure the accurate

1509 transcription of all matters so recorded.

1510 (8) Select only those investigators, or consultants who

1511 undertake investigations, who meet criteria established with the

1512 advice of the respective boards.

1513 (9) Work cooperatively with the Department of Revenue to

1514 implement an automated method for periodically disclosing

1515 information relating to current licensees to the Department of

1516 Revenue. The purpose of this subsection is to promote the public

1517 policy of this state as established in s. 409.2551. The

1518 department shall, when directed by the court or the Department

1519 of Revenue pursuant to s. 409.2598, suspend or deny the license

1520 of any licensee found not to be in compliance with a support

1521 order, subpoena, order to show cause, or written agreement

1522 entered into by the licensee with the Department of Revenue. The

1523 department shall issue or reinstate the license without

1524 additional charge to the licensee when notified by the court or

1525 the Department of Revenue that the licensee has complied with

1526 the terms of the support order. The department shall not be held

1527 liable for any license denial or suspension resulting from the

1528 discharge of its duties under this subsection.

1529 (10) Have authority to:

1530 (a) Close and terminate deficient license application

1531 files 2 years after the board or the department notifies the

1532 applicant of the deficiency; and

1533 (b) Approve applications for professional licenses that

1534 meet all statutory and rule requirements for licensure.

1535 Section 34. Subsections (8) and (9) of section 455.271,

1536 Florida Statutes, are amended to read:

1537 455.271 Inactive and delinquent status.—

1538 (8) Each board, or the department when there is no board,

1539 shall, by rule, impose an additional fee, not to exceed the

1540 ~~biennial~~ renewal fee for an active status license, for

1541 processing a licensee's request to change licensure status at

1542 any time other than at the beginning of a licensure cycle.

1543 (9) Each board, or the department when there is no board,

1544 may, by rule, impose reasonable conditions, excluding full

1545 reexamination but including part of a national examination or a

1546 special purpose examination to assess current competency,

1547 necessary to ensure that a licensee who has been on inactive

1548 status for more than one ~~two consecutive biennial~~ licensure

1549 cycle ~~cycles~~ and who applies for active status can practice with

1550 the care and skill sufficient to protect the health, safety, and

1551 welfare of the public. Reactivation requirements may differ

1552 depending on the length of time licensees are inactive. The

1553 costs to meet reactivation requirements shall be borne by

1554 licensees requesting reactivation. Section 35. Subsection (4) of section 468.382, Florida

1556 Statutes, is amended to read:

1557 468.382 Definitions.—As used in this act, the term:

1558 ~~(4) "Board" means the Florida Board of Auctioneers.~~

1559 Section 36. Subsections (1) and (3) through (7) of section

1560 468.385, Florida Statutes, are amended to read:

1561 468.385 Licenses required; qualifications; examination.—

1562 (1) The department shall license any applicant who ~~the~~

1563 ~~board certifies~~ is qualified to practice auctioneering.

1564 (3) A No person may not ~~shall~~ be licensed as an auctioneer

1565 or apprentice if he or she:

1566 (a) Is under 18 years of age; or

1567 (b) Has committed any act or offense in this state or any

1568 other jurisdiction which would constitute a basis for

1569 disciplinary action under s. 468.389.

1570 (4) A ~~Any~~ person seeking a license as an auctioneer must

1571 pass a written examination approved by the department ~~board~~

1572 which tests his or her general knowledge of the laws of this

1573 state relating to provisions of the Uniform Commercial Code that

1574 are relevant to auctions, the laws of agency, and ~~the provisions~~

1575 of this act.

1576 (5) Each apprentice application and license shall name a

1577 licensed auctioneer who has agreed to serve as the supervisor of

1578 the apprentice. An No apprentice may not conduct, or contract to

1579 conduct, an auction without the express approval of his or her

1580 supervisor. The supervisor shall regularly review the

1581 apprentice's records, which are required by the department ~~board~~

1582 to be maintained, to determine whether if such records are

1583 accurate and current.

1584 (6) A No person may not ~~shall~~ be licensed as an auctioneer

1585 unless he or she:

1586 (a) Has held an apprentice license and has served as an

1587 apprentice for 1 year or more, or has completed a course of

1588 study, consisting of not less than 80 classroom hours of

1589 instruction, that meets standards adopted by the department

1590 ~~board;~~

1591 (b) Has passed the required examination; and

1592 (c) Is approved by the department ~~board.~~

1593 (7)(a) Any auction that is subject to ~~the provisions of~~

1594 this part must be conducted by an auctioneer who has an active

1595 license or an apprentice who has an active apprentice auctioneer

1596 license and who has received prior written sponsor consent.

1597 (b) A No business may not ~~shall~~ auction or offer to

1598 auction any property in this state unless it is licensed as an

1599 auction business by the department ~~board~~ or is exempt from

1600 licensure under this act. An ~~Each~~ application for licensure must

1601 ~~shall~~ include the names of the owner and the business, the

1602 business mailing address and location, and any other information

1603 which the department ~~board~~ may require. The owner of an auction

1604 business shall report to the department ~~board~~ within 30 days

1605 after of any change in this required information.

1606 Section 37. Subsection (2) of section 468.3851, Florida

1607 Statutes, is amended to read:

1608 468.3851 Renewal of license.—

1609 (2) The department shall adopt a procedure for the

1610 ~~biennial~~ renewal of licenses every 4 years.

1611 Section 38. Section 468.3852, Florida Statutes, is amended

1612 to read:

1613 468.3852 Reactivation of license; fee.—The department

1614 ~~board~~ shall prescribe a fee not to exceed $250 for the

1615 reactivation of an inactive license. The fee shall be in

1616 addition to the current ~~biennial~~ renewal fee.

1617 Section 39. Subsections (2) through (5) and (8) of section

1618 468.3855, Florida Statutes, are amended to read:

1619 468.3855 Apprenticeship training requirements.—

1620 (2) Any auctioneer who undertakes the sponsorship of an

1621 apprentice shall ensure that the apprentice receives training as

1622 required by department ~~board~~ rule.

1623 (3) An apprentice must actively participate in auction

1624 sales as required by department ~~board~~ rule, and a record of each

1625 auction for which participation credit is claimed must be made

1626 as required by department ~~board~~ rule.

1627 (4) Apprentices are prohibited from conducting any auction

1628 without the prior express written consent of the sponsor. The

1629 apprentice's sponsor must be present at the auction site at any

1630 time the apprentice is actively participating in the conduct of

1631 the auction. If the apprentice's sponsor cannot attend a

1632 particular auction, the sponsor may appoint a qualified

1633 auctioneer who meets the requirements of department ~~board~~ rule

1634 to attend the auction in his or her place. Prior written consent

1635 must be given by the apprentice's sponsor for each substitution.

1636 (5) Each apprentice and sponsor shall file reports as

1637 required by department ~~board~~ rule.

1638 (8) All apprentice applications shall be valid for a

1639 period of 6 months after department ~~board~~ approval. Any

1640 applicant who fails to complete the licensure process within

1641 that time shall be required to make application as a new

1642 applicant.

1643 Section 40. Subsection (1) of section 468.386, Florida

1644 Statutes, is amended to read:

1645 468.386 Fees; local licensing requirements.—

1646 (1) The department ~~board~~ by rule may establish

1647 application, examination, licensure, renewal, and other

1648 reasonable and necessary fees, based upon the department's

1649 estimate of the costs ~~to the board~~ in administering this act.

1650 Section 41. Section 468.387, Florida Statutes, is amended

1651 to read:

1652 468.387 Licensing of nonresidents; endorsement;

1653 reciprocity.—The department shall issue a license by endorsement

1654 to practice auctioneering to an applicant who, upon applying to

1655 the department and remitting the required fee, set by the

1656 department ~~board,~~ demonstrates to the department ~~board~~ that he

1657 or she satisfies the requirements of s. 468.385(3) and holds a

1658 valid license to practice auctioneering in another state,

1659 provided that the requirements for licensure in that state are

1660 substantially equivalent to or more stringent than those

1661 existing in this state. The endorsement and reciprocity

1662 provisions of this section shall apply to auctioneers only and

1663 not to professions or occupations regulated by other statutes.

1664 Section 42. Subsections (3) and (9) and paragraph (b) of subsection (10) of section 468.388, Florida Statutes, are

1666 amended to read:

1667 468.388 Conduct of an auction.—

1668 (3) Each auctioneer or auction business shall maintain a

1669 record book of all sales. The record book shall be open to

1670 inspection by the department ~~board~~ at reasonable times.

1671 (9) The auction business under which the auction is

1672 conducted is responsible for all other aspects of the auction as

1673 required by department ~~board~~ rule. The auction business may

1674 delegate in whole, or in part, different aspects of the auction

1675 only to the extent that such delegation is permitted by law and

1676 that such delegation will not impede the principal auctioneer's

1677 ability to ensure the proper conduct of his or her independent

1678 responsibility for the auction. The auction business under whose

1679 auspices the auction is conducted is responsible for ensuring

1680 compliance as required by department ~~board~~ rule.

1681 (10)

1682 (b) Each auction business shall maintain, for not less

1683 than 2 years, a separate ledger showing the funds held for

1684 another person deposited and disbursed by the auction business

1685 for each auction. The escrow or trust account must be reconciled

1686 monthly with the bank statement. A signed and dated record shall

1687 be maintained for a 2-year period and be available for

1688 inspection by the department ~~or at the request of the board.~~

1689 Section 43. Paragraph (j) of subsection (1), subsection (2), and paragraph (a) of subsection (3) of section 468.389,

1691 Florida Statutes, are amended to read:

1692 468.389 Prohibited acts; penalties.—

1693 (1) The following acts shall be grounds for the

1694 disciplinary activities provided in subsections (2) and (3):

1695 (j) Violating a statute or administrative rule regulating

1696 practice under this part or a lawful disciplinary order of the

1697 ~~board or the~~ department.

1698 (2) When the department ~~board~~ finds any person guilty of

1699 any of the prohibited acts set forth in subsection (1), it may

1700 enter an order imposing one or more of the following penalties:

1701 (a) Refusal to certify to the department an application

1702 for licensure.

1703 (b) Revocation or suspension of a license.

1704 (c) Imposition of an administrative fine not to exceed

1705 $1,000 for each count or separate offense.

1706 (d) Issuance of a reprimand.

1707 (e) Placement of the auctioneer on probation for a period

1708 of time and subject to conditions as the department ~~board~~ may

1709 specify, including requiring the auctioneer to successfully

1710 complete the licensure examination.

1711 (f) Requirement that the person in violation make

1712 restitution to each consumer affected by that violation. Proof

1713 of such restitution shall be a signed and notarized release

1714 executed by the consumer or the consumer's estate.

1715 (3)(a) Failure to pay a fine within a reasonable time, as

1716 prescribed by department ~~board~~ rule, may be grounds for

1717 disciplinary action.

1718 Section 44. Section 468.392, Florida Statutes, is amended

1719 to read:

1720 468.392 Auctioneer Recovery Fund.—There is created the

1721 Auctioneer Recovery Fund as a separate account in the

1722 Professional Regulation Trust Fund. The fund shall be

1723 administered by the department ~~Florida Board of Auctioneers.~~

1724 (1) The Chief Financial Officer shall invest the money not

1725 currently needed to meet the obligations of the fund in the same

1726 manner as other public funds may be invested. Interest that

1727 accrues from these investments shall be deposited to the credit

1728 of the Auctioneer Recovery Fund and shall be available for the

1729 same purposes as other moneys deposited in the Auctioneer

1730 Recovery Fund.

1731 (2) All payments and disbursements from the Auctioneer

1732 Recovery Fund shall be made by the Chief Financial Officer upon

1733 a voucher signed by the Secretary of Business and Professional

1734 Regulation or the secretary's designee.

1735 (3) If at any time the moneys in the Auctioneer Recovery

1736 Fund are insufficient to satisfy any valid claim or portion

1737 thereof, the department ~~board~~ shall satisfy such unpaid claim or

1738 portion thereof as soon as a sufficient amount has been

1739 deposited in or transferred to the fund. When there is more than

1740 one unsatisfied claim outstanding, such claims shall be paid in

1741 the order in which the claims were made.

1742 (4) Upon the payment of any amount from the Auctioneer

1743 Recovery Fund in settlement of a claim in satisfaction of a

1744 judgment against an auctioneer or auction business as described

1745 in s. 468.395, the license of such auctioneer or auction

1746 business shall be automatically suspended until the licensee has

1747 complied with s. 468.398. A discharge of bankruptcy does ~~shall~~

1748 not relieve a person from the penalties and disabilities

1749 provided in this section.

1750 (5) Moneys in the fund at the end of a fiscal year shall

1751 be retained in the fund and shall accrue for the benefit of

1752 auctioneers and auction businesses. When the fund exceeds the

1753 amount as set forth in s. 468.393(2), all surcharges shall be

1754 suspended until such time as the fund is reduced below the

1755 amount as set forth in s. 468.393(3).

1756 Section 45. Subsections (1), (3), and (4) of section

1757 468.393, Florida Statutes, are amended to read:

1758 468.393 Surcharge to license fee; assessments.—

1759 (1) At the time of licensure under s. 468.385, s.

1760 468.3851, or s. 468.3852, each licensee shall pay, in addition

1761 to an application and license fee, a surcharge in an amount to

1762 be determined by the department ~~board,~~ not to exceed $300, which

1763 shall be deposited in the Auctioneer Recovery Fund.

1764 (3) After October 1, 1995, if the total amount in the

1765 Auctioneer Recovery Fund, including principal and interest, is

1766 less than $200,000 at the end of the fiscal year after the

1767 payment of all claims and expenses, the department ~~board~~ shall

1768 assess, in addition to any other fees under s. 468.3852, a

1769 surcharge against a licensee at the time of initial licensure or

1770 at the time of license renewal, according to the following

1771 formula in order to maintain the fund at $500,000:

1772 (a) Determine the amount remaining in the fund at the end

1773 of the state fiscal year after all expenses and claims have been

1774 paid.

1775 (b) Subtract the amount determined under paragraph (a)

1776 from $500,000.

1777 (c) Determine the number of initial licenses and license

1778 renewals in the fiscal year that precedes the current fiscal

1779 year.

1780 (d) Divide the amount determined under paragraph (b) by

1781 the number determined under paragraph (c).

1782 (4) The department ~~board~~ shall assess the surcharge

1783 described in subsection (3) against each licensee who receives

1784 an initial license or receives a renewal license during the

1785 fiscal year that follows the year in which the amount remaining

1786 in the fund was less than $200,000.

1787 Section 46. Subsections (1) and (4) of section 468.395,

1788 Florida Statutes, are amended to read:

1789 468.395 Conditions of recovery; eligibility.—

1790 (1) Recovery from the Auctioneer Recovery Fund may be

1791 obtained as follows:

1792 (a) Any aggrieved person is eligible to receive recovery

1793 from the Auctioneer Recovery Fund if the department ~~Florida~~

1794 ~~Board of Auctioneers~~ has issued a final order directing an

1795 offending licensee to pay restitution to the claimant as the

1796 result of the licensee violating, within this state, any

1797 provision of s. 468.389 or any rule adopted by the department

1798 ~~board~~ and if the department ~~board~~ determined that the order of

1799 restitution cannot be enforced; or

1800 (b) Any aggrieved person who obtains a final judgment in

1801 any court against any licensee to recover damages for any actual

1802 loss that results from the violation, within this state, by a

1803 licensee of any provision of s. 468.389 or any rule adopted by

1804 the department ~~board~~ may, upon termination of all proceedings,

1805 including appeals and proceedings supplemental to judgment for

1806 collection purposes, file a verified application to the

1807 department ~~board~~ for an order directing payment out of the

1808 Auctioneer Recovery Fund of the amount of actual loss in the

1809 transaction that remains unpaid upon the judgment. The amount of

1810 actual loss may include court costs, but may ~~shall~~ not include

1811 attorney ~~attorney's~~ fees or punitive damages awarded.

1812 (4) The department may ~~board shall~~ not issue an order for

1813 payment of a claim from the Auctioneer Recovery Fund unless the

1814 claimant has reasonably established to the department ~~board~~ that

1815 she or he has taken proper and reasonable action to collect the

1816 amount of her or his claim from the licensee responsible for the

1817 loss and that any recovery made has been applied to reduce the

1818 amount of the claim on the Auctioneer Recovery Fund.

1819 Section 47. Subsections (2) and (3) of section 468.396,

1820 Florida Statutes, are amended to read:

1821 468.396 Claims against a single licensee in excess of

1822 dollar limitation; joinder of claims, payment; insufficient

1823 funds.—

1824 (2) Upon petition of the department ~~board,~~ the court may

1825 require all claimants and prospective claimants against one

1826 licensee to be joined in one action, to the end that the

1827 respective rights of all the claimants to the department ~~board~~

1828 may be equitably adjudicated and settled.

1829 (3) On June 30 and December 31 of each year, the

1830 department ~~board~~ shall identify each claim that the court orders

1831 to be paid during the 6-month period that ended on that day. The

1832 department ~~board~~ shall pay the part of each claim that is so

1833 identified within 15 days after the end of the 6-month period in

1834 which the claim is ordered paid. However, if the balance in the

1835 fund is insufficient to pay the full payable amount of each

1836 claim that is ordered to be paid during a 6-month period, the

1837 department ~~board~~ shall pay a prorated portion of each claim that

1838 is ordered to be paid during the period. Any part of the payable

1839 amount of a claim left unpaid due to the prorating of payments

1840 under this subsection shall be paid, subject to the $50,000

1841 limit described in s. 468.395, before the payment of claims

1842 ordered to be paid during the following 6 months.

1843 Section 48. Section 468.397, Florida Statutes, is amended

1844 to read:

1845 468.397 Payment of claim.—Upon a final order of the court

1846 directing that payment be made out of the Auctioneer Recovery

1847 Fund, the department ~~board~~ shall, subject to the provisions of

1848 this part, make the payment out of the Auctioneer Recovery Fund

1849 as provided in s. 468.395.

1850 Section 49. Section 468.398, Florida Statutes, is amended

1851 to read:

1852 468.398 Suspension of judgment debtor's license; repayment

1853 by licensee; interest.—If the department ~~board~~ is required to

1854 make any payment from the Auctioneer Recovery Fund in settlement

1855 of a claim or toward the satisfaction of a judgment under this

1856 part, the department ~~board~~ shall suspend the judgment debtor's

1857 license. The licensee is not eligible to be licensed again as

1858 either an auctioneer or auction business until the licensee has

1859 repaid in full the amount paid from the Auctioneer Recovery

1860 Fund, with interest at the current applicable rate.

1861 Section 50. Subsection (1) of section 468.404, Florida

1862 Statutes, is amended to read:

1863 468.404 License; fees; renewals.—

1864 (1) The department shall establish ~~biennial~~ fees for

1865 initial licensing, renewal of license every 4 years, and

1866 reinstatement of license, none of which fees shall exceed $400.

1867 The department may establish a delinquency fee of no more than

1868 $50. The fees shall be adequate to proportionately fund the

1869 expenses of the department which are allocated to the regulation

1870 of talent agencies and shall be based on the department's

1871 estimate of the revenue required to administer this part.

1872 Section 51. Subsection (1) of section 468.407, Florida

1873 Statutes, is amended to read:

1874 468.407 License; content; posting.—

1875 (1) The talent agency license shall be valid for the

1876 ~~biennial~~ period in which issued and shall be in such form as may

1877 be determined by the department, but shall at least specify the

1878 name under which the applicant is to operate, the address of the

1879 place of business, the expiration date of the license, the full

1880 names and titles of the owner and the operator, and the number

1881 of the license.

1882 Section 52. Subsection (5) of section 468.431, Florida

1883 Statutes, is amended to read:

1884 468.431 Definitions.—As used in this part:

1885 ~~(5) "Council" means the Regulatory Council of Community~~

1886 ~~Association Managers.~~

1887 Section 53. Paragraph (d) of subsection (2) and subsection

1888 (3) of section 468.433, Florida Statutes, are amended to read:

1889 468.433 Licensure by examination.—

1890 (2) The department shall examine each applicant who is at

1891 least 18 years of age, who has successfully completed all

1892 prelicensure education requirements, and who the department

1893 certifies is of good moral character.

1894 (d) The department ~~council~~ shall establish by rule the

1895 required amount of prelicensure education, which shall consist

1896 of not more than 24 hours of in-person instruction by a

1897 department-approved provider and which shall cover all areas of

1898 the examination specified in subsection (3). Such instruction

1899 shall be completed within 12 months before ~~prior to~~ the date of

1900 the examination. ~~Prelicensure education providers shall be~~

1901 ~~considered continuing education providers for purposes of~~

1902 ~~establishing provider approval fees. A licensee shall not be~~

1903 ~~required to comply with the continuing education requirements of~~

1904 ~~s. 468.4337 prior to the first license renewal.~~ The department

1905 shall, by rule, set standards for exceptions to the requirement

1906 of in-person instruction in cases of hardship or disability.

1907 (3) The department ~~council~~ shall approve an examination

1908 for licensure. The examination must demonstrate that the

1909 applicant has a fundamental knowledge of state and federal laws

1910 relating to the operation of all types of community associations

1911 and state laws relating to corporations and nonprofit

1912 corporations, proper preparation of community association

1913 budgets, proper procedures for noticing and conducting community

1914 association meetings, insurance matters relating to community

1915 associations, and management skills.

1916 Section 54. Subsection (1) of section 468.4336, Florida

1917 Statutes, is amended to read:

1918 468.4336 Renewal of license.—

1919 (1) The department shall renew a license upon receipt of

1920 the renewal application and fee ~~and upon proof of compliance~~

1921 ~~with the continuing education requirements of s. 468.4337.~~

1922 Section 55. Section 468.435, Florida Statutes, is amended

1923 to read:

1924 468.435 Fees; establishment; disposition.—

1925 (1) The department ~~council~~ shall establish fees for the

1926 described purposes and within the ranges specified in this

1927 section:

1928 (a) Application fee: not less than $25, or more than $50.

1929 (b) Examination fee: not less than $25, or more than $100.

1930 (c) Initial license fee: not less than $25, or more than

1931 $100.

1932 (d) Renewal of license fee: not less than $25, or more

1933 than $100.

1934 (e) Delinquent license fee: not less than $25, or more

1935 than $50.

1936 (f) Inactive license fee: not less than $10, or more than

1937 $25.

1938 (2) Until the department ~~council~~ establishes fees under

1939 subsection (1), the lower amount in each range shall apply.

1940 (3) Fees collected under this section shall be deposited

1941 to the credit of the Professional Regulation Trust Fund.

1942 (4) The department ~~council~~ shall establish fees that are

1943 adequate to fund the cost to implement the provisions of this

1944 part. Fees shall be based on the department estimates of the

1945 revenue required to implement this part and the provisions of

1946 law with respect to the regulation of community association

1947 managers.

1948 Section 56. Paragraph (b) of subsection (2) and subsection

1949 (3) of section 468.436, Florida Statutes, are amended to read:

1950 468.436 Disciplinary proceedings.—

1951 (2) The following acts constitute grounds for which the

1952 disciplinary actions in subsection (4) may be taken:

1953 (b)1. Violation of this part.

1954 2. Violation of any lawful order or rule rendered or

1955 adopted by the department ~~or the council.~~

1956 3. Being convicted of or pleading nolo contendere to a

1957 felony in any court in the United States.

1958 4. Obtaining a license or certification or any other

1959 order, ruling, or authorization by means of fraud,

1960 misrepresentation, or concealment of material facts.

1961 5. Committing acts of gross misconduct or gross negligence

1962 in connection with the profession.

1963 6. Contracting, on behalf of an association, with any

1964 entity in which the licensee has a financial interest that is

1965 not disclosed.

1966 7. Failing to disclose any conflict of interest as

1967 required by s. 468.4335.

1968 8. Violating chapter 718, chapter 719, or chapter 720

1969 during the course of performing community association management

1970 services pursuant to a contract with a community association as

1971 defined in s. 468.431(1).

1972 (3) The department ~~council~~ shall specify by rule the acts

1973 or omissions that constitute a violation of subsection (2).

1974 Section 57. Subsection (2) of section 468.520, Florida

1975 Statutes, is amended to read:

1976 468.520 Definitions.—As used in this part:

1977 ~~(2) "Board" means the Board of Employee Leasing Companies.~~

1978 Section 58. Section 468.522, Florida Statutes, is amended

1979 to read:

1980 468.522 Rules of the department ~~board.—The~~ department may

1981 ~~board has authority to~~ adopt rules ~~pursuant to ss. 120.536(1)~~

1982 ~~and 120.54~~ to implement ~~the provisions of~~ this part. Every

1983 licensee shall be governed and controlled by this part and the

1984 rules adopted by the department ~~board.~~

1985 Section 59. Subsection (2) and paragraph (b) of subsection

1986 (4) of section 468.524, Florida Statutes, are amended to read:

1987 468.524 Application for license.—

1988 (2) The department ~~board~~ may require information and

1989 certifications necessary to determine that the applicant is of

1990 good moral character and meets other licensure requirements of

1991 this part.

1992 (4) An applicant or licensee is ineligible to reapply for

1993 a license for a period of 1 year following final agency action

1994 on the denial or revocation of a license applied for or issued

1995 under this part. This time restriction does not apply to

1996 administrative denials or revocations entered because:

1997 (b) The experience documented to the department ~~board~~ was

1998 insufficient at the time of the previous application;

1999 Section 60. Section 468.5245, Florida Statutes, is amended

2000 to read:

2001 468.5245 Change of ownership.—

2002 (1) A license or registration issued to any entity under

2003 this part may not be transferred or assigned. The department

2004 ~~board~~ shall adopt rules to provide for a licensee's or

2005 registrant's change of name or location.

2006 (2) A person or entity that seeks to purchase or acquire

2007 control of an employee leasing company or group licensed or

2008 registered under this part must first apply to the department

2009 ~~board~~ for a certificate of approval for the proposed change of

2010 ownership. However, prior approval is not required if, at the

2011 time the purchase or acquisition occurs, a controlling person of

2012 the employee leasing company or group maintains a controlling

2013 person license under this part. Notification must be provided to

2014 the department ~~board~~ within 30 days after the purchase or

2015 acquisition of such company in the manner prescribed by the

2016 department ~~board.~~

2017 (3) Any application that is submitted to the department

2018 ~~board~~ under this section shall be deemed approved if the

2019 department ~~board~~ has not approved the application or rejected

2020 the application, and provided the applicant with the basis for a

2021 rejection, within 90 days after the receipt of the completed

2022 application.

2023 (4) The department ~~board~~ shall establish filing fees for a

2024 change-of-ownership application in accordance with s.

2025 468.524(1).

2026 Section 61. Subsection (2) and paragraphs (c) through (f)

2027 of subsection (3) of section 468.525, Florida Statutes, are

2028 amended to read:

2029 468.525 License requirements.—

2030 (2)(a) As used in this part, "good moral character" means

2031 a personal history of honesty, trustworthiness, fairness, a good

2032 reputation for fair dealings, and respect for the rights of

2033 others and for the laws of this state and nation. A thorough

2034 background investigation of the individual's good moral

2035 character shall be instituted by the department. Such

2036 investigation shall require:

2037 1. The submission of fingerprints, for processing through

2038 appropriate law enforcement agencies, by the applicant and the

2039 examination of police records by the department ~~board.~~

2040 2. Such other investigation of the individual as the

2041 department ~~board~~ may deem necessary.

2042 (b) The department ~~board~~ may deny an application for

2043 licensure or renewal citing lack of good moral character.

2044 Conviction of a crime within the last 7 years may ~~shall~~ not

2045 automatically bar any applicant or licensee from obtaining a

2046 license or continuing as a licensee. The department ~~board~~ shall

2047 consider the type of crime committed, the crime's relevancy to

2048 the employee leasing industry, the length of time since the

2049 conviction, and any other factors deemed relevant by the

2050 department ~~board.~~

2051 (3) Each employee leasing company licensed by the

2052 department shall have a registered agent for service of process

2053 in this state and at least one licensed controlling person. In

2054 addition, each licensed employee leasing company shall comply

2055 with the following requirements:

2056 (c) An applicant for initial or renewal license of an

2057 employee leasing company license or employee leasing company

2058 group shall have an accounting net worth or shall have

2059 guaranties, letters of credit, or other security acceptable to

2060 the department ~~board~~ in sufficient amounts to offset any

2061 deficiency. A guaranty will not be acceptable to satisfy this

2062 requirement unless the applicant submits sufficient evidence to

2063 satisfy the department ~~board~~ that the guarantor has adequate

2064 resources to satisfy the obligation of the guaranty.

2065 (d) Each employee leasing company shall maintain an

2066 accounting net worth and positive working capital, as determined

2067 in accordance with generally accepted accounting principles, or

2068 shall have guaranties, letters of credit, or other security

2069 acceptable to the department ~~board~~ in sufficient amounts to

2070 offset any deficiency. A guaranty will not be acceptable to

2071 satisfy this requirement unless the licensee submits sufficient

2072 evidence, as defined by rule, that the guarantor has adequate

2073 resources to satisfy the obligation of the guaranty. In

2074 determining the amount of working capital, a licensee shall

2075 include adequate reserves for all taxes and insurance, including

2076 plans of self-insurance or partial self-insurance for claims

2077 incurred but not paid and for claims incurred but not reported.

2078 Compliance with ~~the requirements of~~ this paragraph is subject to

2079 verification by department ~~or board~~ audit.

2080 (e) Each employee leasing company or employee leasing

2081 company group shall submit annual financial statements audited

2082 by an independent certified public accountant, with the

2083 application and within 120 days after the end of each fiscal

2084 year, in a manner and time prescribed by the department ~~board,~~

2085 provided, however, that any employee leasing company or employee

2086 leasing company group with gross Florida payroll of less than

2087 $2.5 million during any fiscal year may submit financial

2088 statements reviewed by an independent certified public

2089 accountant for that year.

2090 (f) The licensee shall notify the department ~~or board~~ in

2091 writing within 30 days after any change in the application or

2092 status of the license.

2093 Section 62. Subsections (3) and (5) of section 468.526,

2094 Florida Statutes, are amended to read:

2095 468.526 License required; fees.—

2096 (3) Each employee leasing company and employee leasing

2097 company group licensee shall pay to the department upon the

2098 initial issuance of a license and upon each renewal thereafter a

2099 license fee not to exceed $2,500 to be established by the

2100 department ~~board.~~ In addition to the license fee, the department

2101 ~~board~~ shall establish an annual assessment for each employee

2102 leasing company and each employee leasing company group

2103 sufficient to cover all costs for regulation of the profession

2104 pursuant to this chapter, chapter 455, and any other applicable

2105 provisions of law. The annual assessment shall:

2106 (a) Be due and payable upon initial licensure and

2107 subsequent renewals thereof and 1 year before the expiration of

2108 any licensure period; and

2109 (b) Be based on a fixed percentage, variable classes, or a

2110 combination of both, as determined by the department ~~board,~~ of

2111 gross Florida payroll for employees leased to clients by the

2112 applicant or licensee during the period beginning five quarters

2113 before and ending one quarter before each assessment. It is the

2114 intent of the Legislature that the greater weight of total fees

2115 for licensure and assessments should be on larger companies and

2116 groups.

2117 (5) Each controlling person licensee shall pay to the

2118 department upon the initial issuance of a license and upon each

2119 renewal thereafter a license fee to be established by the

2120 department ~~board~~ in an amount not to exceed $2,000.

2121 Section 63. Subsection (1) of section 468.527, Florida

2122 Statutes, is amended to read:

2123 468.527 Licensure and license renewal.—

2124 (1) The department shall license any applicant who the

2125 department ~~board~~ certifies is qualified to practice employee

2126 leasing as an employee leasing company, employee leasing company

2127 group, or controlling person.

2128 Section 64. Subsection (2) of section 468.5275, Florida

2129 Statutes, is amended to read:

2130 468.5275 Registration and exemption of de minimis

2131 operations.—

2132 (2) A registration is valid for 1 year. Each registrant

2133 shall pay to the department upon initial registration, and upon

2134 each renewal thereafter, a registration fee to be established by

2135 the department ~~board~~ in an amount not to exceed:

2136 (a) Two hundred and fifty dollars for an employee leasing

2137 company.

2138 (b) Five hundred dollars for an employee leasing company

2139 group. Section 65. Subsections (2), (4), and (5) of section

2141 468.529, Florida Statutes, are amended to read:

2142 468.529 Licensee's insurance; employment tax; benefit

2143 plans.—

2144 (2) An initial or renewal license may not be issued to any

2145 employee leasing company unless the employee leasing company

2146 first files with the department ~~board~~ evidence of workers'

2147 compensation coverage for all leased employees in this state.

2148 Each employee leasing company shall maintain and make available

2149 to its workers' compensation carrier the following information:

2150 (a) The correct name and federal identification number of

2151 each client company.

2152 (b) A listing of all covered employees provided to each

2153 client company, by classification code.

2154 (c) The total eligible wages by classification code and

2155 the premiums due to the carrier for the employees provided to

2156 each client company.

2157 (4) An initial or renewal license may not be issued to any

2158 employee leasing company unless the employee leasing company

2159 first provides evidence to the department ~~board,~~ as required by

2160 department ~~board~~ rule, that the employee leasing company has

2161 paid all of the employee leasing company's obligations for

2162 payroll, payroll-related taxes, workers' compensation insurance,

2163 and employee benefits. All disputed amounts must be disclosed in

2164 the application.

2165 (5) The provisions of this section are subject to

2166 verification by department ~~or board~~ audit.

2167 Section 66. Subsections (3) and (4) of section 468.530,

2168 Florida Statutes, are amended to read:

2169 468.530 License, contents; posting.—

2170 (3) A No license is not ~~shall be~~ valid for any person or

2171 entity who engages in the business under any name other than

2172 that specified in the license. A license issued under this part

2173 is ~~shall~~ not be assignable, and a no licensee may not conduct a

2174 business under a fictitious name without prior written

2175 authorization of the department ~~board~~ to do so. The department

2176 ~~board~~ may not authorize the use of a name which is so similar to

2177 that of a public officer or agency, or of that used by another

2178 licensee, that the public may be confused or misled thereby. A

2179 No licensee may not ~~shall~~ be permitted to conduct business under

2180 more than one name unless it has obtained a separate license. A

2181 licensee desiring to change its licensed name at any time except

2182 upon license renewal shall notify the department ~~board~~ and pay a

2183 fee not to exceed $50 for each authorized change of name.

2184 (4) Each employee leasing company or employee leasing

2185 company group licensed under this part shall be properly

2186 identified in all advertisements, which must include the license

2187 number, licensed business name, and other appropriate

2188 information in accordance with rules established by the

2189 department ~~board.~~ Section 67. Paragraph (e) of subsection (1) of section

2191 468.531, Florida Statutes, is amended to read:

2192 468.531 Prohibitions; penalties.—

2193 (1) No person or entity shall:

2194 (e) Knowingly give false or forged evidence to the

2195 department ~~board~~ or a member thereof; or

2196 Section 68. Section 468.532, Florida Statutes, is amended

2197 to read:

2198 468.532 Discipline.—

2199 (1) The following constitute grounds for which

2200 disciplinary action against a licensee may be taken by the

2201 department ~~board:~~

2202 (a) Being convicted or found guilty of, or entering a plea

2203 of nolo contendere to, regardless of adjudication, bribery,

2204 fraud, or willful misrepresentation in obtaining, attempting to

2205 obtain, or renewing a license.

2206 (b) Being convicted or found guilty of, or entering a plea

2207 of nolo contendere to, regardless of adjudication, a crime in

2208 any jurisdiction which relates to the operation of an employee

2209 leasing business or the ability to engage in business as an

2210 employee leasing company.

2211 (c) Being convicted or found guilty of, or entering a plea

2212 of nolo contendere to, regardless of adjudication, fraud,

2213 deceit, or misconduct in the classification of employees

2214 pursuant to chapter 440.

2215 (d) Being convicted or found guilty of, or entering a plea

2216 of nolo contendere to, regardless of adjudication, fraud,

2217 deceit, or misconduct in the establishment or maintenance of

2218 self-insurance, be it health insurance or workers' compensation

2219 insurance.

2220 (e) Being convicted or found guilty of, or entering a plea

2221 of nolo contendere to, regardless of adjudication, fraud,

2222 deceit, or misconduct in the operation of an employee leasing

2223 company.

2224 (f) Conducting business without an active license.

2225 (g) Failing to maintain workers' compensation insurance as

2226 required in s. 468.529.

2227 (h) Transferring or attempting to transfer a license

2228 issued pursuant to this part.

2229 (i) Violating any provision of this part or any lawful

2230 order or rule issued under the provisions of this part or

2231 chapter 455.

2232 (j) Failing to notify the department ~~board,~~ in writing, of

2233 any change of the primary business address or the addresses of

2234 any of the licensee's offices in the state.

2235 (k) Having been confined in any county jail,

2236 postadjudication, or being confined in any state or federal

2237 prison or mental institution, or when through mental disease or

2238 deterioration, the licensee can no longer safely be entrusted to

2239 deal with the public or in a confidential capacity.

2240 (l) Having been found guilty for a second time of any

2241 misconduct that warrants suspension or being found guilty of a

2242 course of conduct or practices which shows that the licensee is

2243 so incompetent, negligent, dishonest, or untruthful that the

2244 money, property, transactions, and rights of investors, or those

2245 with whom the licensee may sustain a confidential relationship,

2246 may not safely be entrusted to the licensee.

2247 (m) Failing to inform the department ~~board~~ in writing

2248 within 30 days after being convicted or found guilty of, or

2249 entering a plea of nolo contendere to, any felony, regardless of

2250 adjudication.

2251 (n) Failing to conform to any lawful order of the

2252 department ~~board.~~

2253 (o) Being determined liable for civil fraud by a court in

2254 any jurisdiction.

2255 (p) Having adverse material final action taken by any

2256 state or federal regulatory agency for violations within the

2257 scope of control of the licensee.

2258 (q) Failing to inform the department ~~board~~ in writing

2259 within 30 days after any adverse material final action by a

2260 state or federal regulatory agency.

2261 (r) Failing to meet or maintain the requirements for

2262 licensure as an employee leasing company or controlling person.

2263 (s) Engaging as a controlling person any person who is not

2264 licensed as a controlling person by the department ~~board.~~

2265 (t) Attempting to obtain, obtaining, or renewing a license

2266 to practice employee leasing by bribery, misrepresentation, or

2267 fraud.

2268 (2) When the department ~~board~~ finds any violation of

2269 subsection (1), it may do one or more of the following:

2270 (a) Deny an application for licensure.

2271 (b) Permanently revoke, suspend, restrict, or not renew a

2272 license.

2273 (c) Impose an administrative fine not to exceed $5,000 for

2274 every count or separate offense.

2275 (d) Issue a reprimand.

2276 (e) Place the licensee on probation for a period of time

2277 and subject to such conditions as the department ~~board~~ may

2278 specify.

2279 (f) Assess costs associated with investigation and

2280 prosecution.

2281 (3) Upon revocation or suspension of a license, the

2282 licensee must immediately return to the department the license

2283 that was revoked or suspended.

2284 (4) The department ~~board~~ shall specify the penalties for

2285 any violation of this part.

2286 Section 69. Subsection (1) of section 468.603, Florida

2287 Statutes, is amended to read:

2288 468.603 Definitions.—As used in this part:

2289 ~~(1) "Board" means the Florida Building Code Administrators~~

2290 ~~and Inspectors Board.~~

2291 Section 70. Section 468.606, Florida Statutes, is amended

2292 to read:

2293 468.606 Authority of the department ~~board.—The~~ department

2294 may ~~board is authorized to:~~

2295 (1) Adopt rules ~~pursuant to ss. 120.536(1) and 120.54~~ to

2296 implement ~~the provisions of~~ this part.

2297 (2) Certify individuals as being qualified under ~~the~~

2298 ~~provisions of~~ this part to be building code administrators,

2299 plans examiners, and building code inspectors.

2300 Section 71. Section 468.607, Florida Statutes, is amended

2301 to read:

2302 468.607 Certification of building code administration and

2303 inspection personnel.—The department ~~board~~ shall issue a

2304 certificate to any individual whom the department ~~board~~

2305 determines to be qualified, within such class and level as

2306 provided in this part and with such limitations as the

2307 department ~~board~~ may place upon it. A No person may not be

2308 employed by a state agency or local governmental authority to

2309 perform the duties of a building code administrator, plans

2310 examiner, or building code inspector after October 1, 1993,

2311 without possessing the proper valid certificate issued in

2312 accordance with ~~the provisions of~~ this part. A ~~Any~~ person who

2313 acts as an inspector and plans examiner under s. 1013.37 while

2314 conducting activities authorized by certification under that

2315 section is certified to continue to conduct inspections for a

2316 local enforcement agency until the person's UBCI certification

2317 expires, after which time such person must possess the proper

2318 valid certificate issued in accordance with this part.

2319 Section 72. Section 468.613, Florida Statutes, is amended

2320 to read:

2321 468.613 Certification by endorsement.—The department ~~board~~

2322 shall examine other certification or training programs, as

2323 applicable, upon submission to the department ~~board~~ for its

2324 consideration of an application for certification by

2325 endorsement. The department ~~board~~ shall waive its examination,

2326 qualification, education, or training requirements, to the

2327 extent that such examination, qualification, education, or

2328 training requirements of the applicant are determined by the

2329 department ~~board~~ to be comparable with those established by the

2330 department ~~board.~~ The department ~~board~~ shall waive its

2331 examination, qualification, education, or training requirements

2332 if an applicant for certification by endorsement is at least 18

2333 years of age; is of good moral character; has held a valid

2334 building administrator, inspector, plans examiner, or the

2335 equivalent, certification issued by another state or territory

2336 of the United States for at least 10 years before the date of

2337 application; and has successfully passed an applicable

2338 examination administered by the International Code Council. Such

2339 application must be made either when the license in another

2340 state or territory is active or within 2 years after such

2341 license was last active.

2342 Section 73. Subsections (5) and (7) of section 468.619,

2343 Florida Statutes, are amended to read:

2344 468.619 Building code enforcement officials' bill of

2345 rights.—

2346 (5) The enforcement official shall be considered an agent

2347 of the governmental entity employing him or her and as such

2348 shall be defended by that entity in any action brought by the

2349 department ~~or the board,~~ provided the enforcement official is

2350 working within the scope of his or her employment.

2351 (7) If any action taken against the enforcement official

2352 by the department ~~or the board~~ is found to be without merit by a

2353 court of competent jurisdiction, or if judgment in such an

2354 action is awarded to the enforcement official, the department or

2355 ~~the board,~~ or the assignee of the department ~~or board,~~ shall

2356 reimburse the enforcement official or his or her employer, as

2357 appropriate, for reasonable legal costs and reasonable attorney

2358 ~~attorney's~~ fees incurred. The amount awarded may ~~shall~~ not

2359 exceed the limit provided in s. 120.595.

2360 Section 74. Paragraph (a) of subsection (1) and

2361 subsections (2), (3), and (4) of section 468.621, Florida

2362 Statutes, are amended to read:

2363 468.621 Disciplinary proceedings.—

2364 (1) The following acts constitute grounds for which the

2365 disciplinary actions in subsection (2) may be taken:

2366 (a) Violating or failing to comply with any provision of

2367 this part, or a valid rule or lawful order of the ~~board or~~

2368 department pursuant thereto.

2369 (2) When the department ~~board~~ finds any person guilty of

2370 any of the grounds set forth in subsection (1), it may enter an

2371 order imposing one or more of the following penalties:

2372 (a) Denial of an application for certification.

2373 (b) Permanent revocation.

2374 (c) Suspension of a certificate.

2375 (d) Imposition of an administrative fine not to exceed

2376 $5,000 for each separate offense. Such fine must be rationally

2377 related to the gravity of the violation.

2378 (e) Issuance of a reprimand.

2379 (f) Placement of the certificateholder on probation for a

2380 period of time and subject to such conditions as the department

2381 ~~board~~ may impose, including alteration of performance level.

2382 (g) Satisfactory completion of continuing education.

2383 (h) Issuance of a citation.

2384 (3) Where a certificate is suspended, placed on probation,

2385 or has conditions imposed, the department ~~board~~ shall reinstate

2386 the certificate of a disciplined building code administrator,

2387 plans examiner, or building code inspector upon proof the

2388 disciplined individual has complied with all terms and

2389 conditions set forth in the final order.

2390 (4) A No person may not ~~be allowed to~~ apply for

2391 certification under this part for a minimum of 5 years after the

2392 date of revocation of any certificate issued pursuant to this

2393 part. The department ~~board~~ may by rule establish additional

2394 criteria for certification following revocation.

2395 Section 75. Subsections (1) and (5) of section 468.627,

2396 Florida Statutes, are amended to read:

2397 468.627 Application; examination; renewal; fees.—

2398 (1) The department ~~board~~ shall establish by rule fees to

2399 be paid for application, examination, reexamination,

2400 certification and certification renewal, inactive status

2401 application, and reactivation of inactive certificates. The

2402 department ~~board~~ may establish by rule a late renewal penalty.

2403 The department ~~board~~ shall establish fees which are adequate,

2404 when combined with revenue generated by the provisions of s.

2405 468.631, to ensure the continued operation of this part. Fees

2406 shall be based on department estimates of the revenue required

2407 to implement this part.

2408 ~~(5) The certificateholder shall provide proof, in a form~~

2409 ~~established by board rule, that the certificateholder has~~

2410 ~~completed at least 14 classroom hours of at least 50 minutes~~

2411 ~~each of continuing education courses during each biennium since~~

2412 ~~the issuance or renewal of the certificate, including the~~

2413 ~~specialized or advanced coursework approved by the Florida~~

2414 ~~Building Commission, as part of the building code training~~

2415 ~~program established pursuant to s. 553.841, appropriate to the~~

2416 ~~licensing category sought. A minimum of 3 of the required 14~~

2417 ~~classroom hours must be on state law, rules, and ethics relating~~

2418 ~~to professional standards of practice, duties, and~~

2419 ~~responsibilities of the certificateholder. The board shall by~~

2420 ~~rule establish criteria for approval of continuing education~~

2421 ~~courses and providers, and may by rule establish criteria for~~

2422 ~~accepting alternative nonclassroom continuing education on an~~

2423 ~~hour-for-hour basis.~~

2424 Section 76. Paragraph (d) of subsection (1) of section

2425 468.629, Florida Statutes, is amended to read:

2426 468.629 Prohibitions; penalties.—

2427 (1) No person may:

2428 (d) Give false or forged evidence to the ~~board or the~~

2429 department, or a member, an employee, or an officer thereof, for

2430 the purpose of obtaining a certificate.

2431 Section 77. Subsection (1) of section 468.631, Florida

2432 Statutes, is amended to read:

2433 468.631 Building Code Administrators and Inspectors Fund.—

2434 (1) This part shall be funded through a surcharge, to be

2435 assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of

2436 1.5 percent of all permit fees associated with enforcement of

2437 the Florida Building Code as defined by the uniform account

2438 criteria and specifically the uniform account code for building

2439 permits adopted for local government financial reporting

2440 pursuant to s. 218.32. The minimum amount collected on any

2441 permit issued shall be $2. The unit of government responsible

2442 for collecting permit fees pursuant to s. 125.56 or s. 166.201

2443 shall collect such surcharge and shall remit the funds to the

2444 department on a quarterly calendar basis beginning not later

2445 than December 31, 2010, for the preceding quarter, and

2446 continuing each third month thereafter; and such unit of

2447 government shall retain 10 percent of the surcharge collected to

2448 fund the participation of building departments in the national

2449 and state building code adoption processes and to provide

2450 education related to enforcement of the Florida Building Code.

2451 There is created within the Professional Regulation Trust Fund a

2452 separate account to be known as the Building Code Administrators

2453 and Inspectors Fund, which shall deposit and disburse funds as

2454 necessary for the implementation of this part. The proceeds from

2455 this surcharge shall be allocated equally to fund the Florida

2456 Homeowners' Construction Recovery Fund established by s. 489.140

2457 ~~and the functions of the Building Code Administrators and~~

2458 ~~Inspectors Board.~~ The department may transfer excess cash to the

2459 Florida Homeowners' Construction Recovery Fund that it

2460 determines is not required to fund the implementation of this

2461 part ~~board from the board's account within the Professional~~

2462 ~~Regulation Trust Fund.~~ However, the department may not transfer

2463 excess cash that would exceed the amount appropriated in the

2464 General Appropriations Act, and any amount approved by the

2465 Legislative Budget Commission pursuant to s. 216.181, to be used

2466 for the payment of claims from the Florida Homeowners'

2467 Construction Recovery Fund.

2468 Section 78. Subsections (4) and (7) of section 468.8312,

2469 Florida Statutes, are amended to read:

2470 468.8312 Fees.—

2471 (4) The ~~biennial~~ renewal fee shall not exceed $200.

2472 ~~(7) The fee for applications from providers of continuing~~

2473 ~~education may not exceed $500.~~

2474 Section 79. Section 468.8315, Florida Statutes, is amended

2475 to read:

2476 468.8315 Renewal of license.—

2477 (1) The department shall renew a license upon receipt of

2478 the renewal application ~~and upon certification by the department~~

2479 ~~that the licensee has satisfactorily completed the continuing~~

2480 ~~education requirements of s. 468.8316.~~

2481 (2) The department shall adopt rules establishing a

2482 procedure for the ~~biennial~~ renewal of licenses every 4 years.

2483 Section 80. Subsection (5) of section 468.8412, Florida

2484 Statutes, is amended to read:

2485 468.8412 Fees.—

2486 (5) The fee for a ~~biennial~~ license renewal shall not

2487 exceed $400.

2488 Section 81. Section 468.8415, Florida Statutes, is amended

2489 to read:

2490 468.8415 Renewal of license.—

2491 (1) The department shall renew a license upon receipt of

2492 the renewal application ~~and fee and upon certification by the~~

2493 ~~department that the licensee has satisfactorily completed the~~

2494 ~~continuing education requirements of s. 468.8416.~~

2495 (2) The department shall adopt rules establishing a

2496 procedure for the ~~biennial~~ renewal of licenses every 4 years.

2497 Section 82. Subsection (2) of section 468.8417, Florida

2498 Statutes, is amended to read:

2499 468.8417 Inactive license.—

2500 (2) A license that becomes inactive may be reactivated

2501 upon application to the department. ~~The department may prescribe~~

2502 ~~by rule continuing education requirements as a condition of~~

2503 ~~reactivating a license. The rules may not require more than one~~

2504 ~~renewal cycle of continuing education to reactivate a license.~~ Section 83. Paragraph (d) of subsection (1) and paragraph

2506 (d) of subsection (2) of section 468.8419, Florida Statutes, are

2507 amended to read:

2508 468.8419 Prohibitions; penalties.—

2509 (1) A person may not:

2510 (d) Perform or offer to perform any mold remediation to a

2511 structure on which the mold assessor or the mold assessor's

2512 company provided a mold assessment within the last 12 months.

2513 This paragraph does not apply to a certified contractor who is

2514 classified in s. 489.105(2) ~~s. 489.105(3)~~ as a Division I

2515 contractor. However, the department may adopt rules requiring

2516 that, if such contractor performs the mold assessment and offers

2517 to perform the mold remediation, the contract for mold

2518 remediation provided to the homeowner discloses that he or she

2519 has the right to request competitive bids.

2520 (2) A mold remediator, a company that employs a mold

2521 remediator, or a company that is controlled by a company that

2522 also has a financial interest in a company employing a mold

2523 remediator may not:

2524 (d) Perform or offer to perform any mold assessment to a

2525 structure on which the mold remediator or the mold remediator's

2526 company provided a mold remediation within the last 12 months.

2527 This paragraph does not apply to a certified contractor who is

2528 classified in s. 489.105(2) ~~s. 489.105(3)~~ as a Division I

2529 contractor. However, the department may adopt rules requiring

2530 that, if such contractor performs the mold remediation and

2531 offers to perform the mold assessment, the contract for mold

2532 assessment provided to the homeowner discloses that he or she

2533 has the right to request competitive bids.

2534 Section 84. Subsection (4) of section 469.004, Florida

2535 Statutes, is amended to read:

2536 469.004 License; asbestos consultant; asbestos

2537 contractor.—

2538 (4) A license issued under this chapter must be renewed

2539 every 4 2 years. ~~Before an asbestos contractor's license may be~~

2540 ~~renewed, the licensee must complete a 1-day course of continuing~~

2541 ~~education during each of the preceding 2 years. Before an~~

2542 ~~asbestos consultant's license may be renewed, the licensee must~~

2543 ~~complete a 2-day course of continuing education during each of~~

2544 ~~the preceding 2 years.~~

2545 Section 85. Subsection (5) of section 469.012, Florida

2546 Statutes, is renumbered as subsection (4), and subsection (1)

2547 and present subsection (4) of that section are amended to read:

2548 469.012 Course requirements for onsite supervisors and

2549 asbestos abatement workers.—

2550 (1) Each asbestos contractor's onsite supervisor must

2551 complete an asbestos contractor/supervisor course of not less

2552 than 5 days before ~~prior to~~ engaging in onsite supervision. Such

2553 training shall cover the nature of the health risks, the medical

2554 effects of exposure, federal and state asbestos laws and

2555 regulations, worker protection, and work area protection. ~~Each~~

2556 ~~onsite supervisor must also complete a continuing education~~

2557 ~~course of not less than 1 day in length each year.~~

2558 ~~(4) All asbestos abatement workers, including onsite~~

2559 ~~supervisors, must complete, as a condition of renewal of~~

2560 ~~accreditation, such courses of continuing education each year as~~

2561 ~~are approved and required by the department.~~

2562 Section 86. Subsection (1) of section 469.013, Florida

2563 Statutes, is amended to read:

2564 469.013 Course requirements for asbestos surveyors,

2565 management planners, project monitors, and project designers.—

2566 (1) All asbestos surveyors, management planners, and

2567 project monitors must comply with the requirements under ~~set~~

2568 ~~forth in~~ this section before ~~prior to~~ commencing such activities

2569 ~~and must also complete the continuing education necessary to~~

2570 ~~maintain accreditation each year.~~

2571 (a) Management planners must complete all requirements of

2572 s. 469.005(2)(b) and (d).

2573 (b) Asbestos surveyors must complete all requirements of

2574 s. 469.005(2)(a).

2575 (c) Project monitors must complete all requirements of s.

2576 469.005(3)(a) and must also complete an asbestos sampling course

2577 which is equivalent to NIOSH Course 582.

2578 (d) Project designers must complete all requirements of s.

2579 469.005(2)(d). Section 87. Subsection (5) of section 471.011, Florida

2581 Statutes, is amended to read:

2582 471.011 Fees.—

2583 (5) The ~~biennial~~ renewal fee shall not exceed $125.

2584 Section 88. Subsections (2) and (3) of section 471.017,

2585 Florida Statutes, are amended to read:

2586 471.017 Renewal of license.—

2587 (2) The board shall adopt rules establishing a procedure

2588 for the ~~biennial~~ renewal of licenses every 4 years.

2589 ~~(3)(a) The board shall require a demonstration of~~

2590 ~~continuing professional competency of engineers as a condition~~

2591 ~~of license renewal or relicensure. Every licensee must complete~~

2592 ~~9 continuing education hours for each year of the license~~

2593 ~~renewal period, totaling 18 continuing education hours for the~~

2594 ~~license renewal period. For each renewal period for such~~

2595 ~~continuing education:~~

2596 ~~1. One hour must relate to this chapter and the rules~~

2597 ~~adopted under this chapter.~~

2598 ~~2. One hour must relate to professional ethics.~~

2599 ~~3. Four hours must relate to the licensee's area of~~

2600 ~~practice.~~

2601 ~~4. The remaining hours may relate to any topic pertinent~~

2602 ~~to the practice of engineering.~~

2604 ~~Continuing education hours may be earned by presenting or~~

2605 ~~attending seminars, in-house or nonclassroom courses, workshops,~~

2606 ~~or professional or technical presentations made at meetings,~~

2607 ~~webinars, conventions, or conferences, including those presented~~

2608 ~~by vendors with specific knowledge related to the licensee's~~

2609 ~~area of practice. Up to 4 hours may be earned by serving as an~~

2610 ~~officer or actively participating on a committee of a board-~~

2611 ~~recognized professional or technical engineering society. The 2~~

2612 ~~required continuing education hours relating to this chapter,~~

2613 ~~the rules adopted pursuant to this chapter, and ethics may be~~

2614 ~~earned by serving as a member of the Legislature or as an~~

2615 ~~elected state or local official. The hours required pursuant to~~

2616 ~~s. 471.0195 may apply to any requirements of this section except~~

2617 ~~for those required under subparagraph 1.~~

2618 ~~(b) The board shall adopt rules that are substantially~~

2619 ~~consistent with the most recent published version of the~~

2620 ~~Continuing Professional Competency Guidelines of the National~~

2621 ~~Council of Examiners for Engineering and Surveying, and shall~~

2622 ~~allow nonclassroom hours to be credited. The board may, by rule,~~

2623 ~~exempt from continuing professional competency requirements~~

2624 ~~retired professional engineers who no longer sign and seal~~

2625 ~~engineering documents and licensees in unique circumstances that~~

2626 ~~severely limit opportunities to obtain the required continuing~~

2627 ~~education hours.~~

2628 Section 89. Section 471.019, Florida Statutes, is amended

2629 to read:

2630 471.019 Reactivation.—The board shall establish by rule a

2631 reinstatement process for void licenses. ~~The rule shall~~

2632 ~~prescribe appropriate continuing education requirements for~~

2633 ~~reactivating a license. The continuing education requirements~~

2634 ~~for reactivating a license for a licensed engineer may not~~

2635 ~~exceed the continuing education requirements prescribed pursuant~~

2636 ~~to s. 471.017 for each year the license was inactive.~~

2637 Section 90. Section 471.045, Florida Statutes, is amended

2638 to read:

2639 471.045 Professional engineers performing building code

2640 inspector duties.—Notwithstanding any other provision of law, a

2641 person who is currently licensed under this chapter to practice

2642 as a professional engineer may provide building code inspection

2643 services described in s. 468.603(4) and (7) ~~s. 468.603(5) and~~

2644 ~~(8)~~ to a local government or state agency upon its request,

2645 without being certified by the Florida Building Code

2646 Administrators and Inspectors licensing program ~~Board~~ under part

2647 XII of chapter 468. When performing these building code

2648 inspection services, the professional engineer is subject to the

2649 disciplinary guidelines of this chapter and s. 468.621(1)(c)-

2650 (h). Any complaint processing, investigation, and discipline

2651 that arise out of a professional engineer's performing building

2652 code inspection services shall be conducted by the Board of

2653 Professional Engineers rather than the Florida Building Code

2654 Administrators and Inspectors licensing program ~~Board.~~ A

2655 professional engineer may not perform plans review as an

2656 employee of a local government upon any job that the

2657 professional engineer or the professional engineer's company

2658 designed.

2659 Section 91. Subsection (4) of section 472.003, Florida

2660 Statutes, is amended to read:

2661 472.003 Persons not affected by ss. 472.001-472.037.—

2662 Sections 472.001-472.037 do not apply to:

2663 (4) Persons employed by county property appraisers, as

2664 defined at s. 192.001(3), and persons employed by the Department

2665 of Revenue, to prepare maps for property appraisal purposes

2666 only, but only to the extent that they perform mapping services

2667 which do not include any surveying activities as described in s.

2668 472.005(3)(a) and (b) ~~s. 472.005(4)(a) and (b).~~

2669 Section 92. Subsection (1) of section 472.005, Florida

2670 Statutes, is amended to read:

2671 472.005 Definitions.—As used in ss. 472.001-472.037:

2672 ~~(1) "Board" means the Board of Professional Surveyors and~~

2673 ~~Mappers.~~

2674 Section 93. Subsection (1) of section 472.006, Florida

2675 Statutes, is amended to read:

2676 472.006 Department; powers and duties.—The department

2677 shall:

2678 (1) Adopt rules establishing a procedure for the ~~biennial~~

2679 renewal of licenses every 4 years. ~~However, the department may~~

2680 ~~issue up to a 4-year license to selected licensees~~

2681 ~~notwithstanding any other law to the contrary.~~ Fees for such

2682 renewal may not exceed the fee caps for individual professions

2683 on an annualized basis as authorized by law.

2684 Section 94. Subsection (5) of section 472.011, Florida

2685 Statutes, is amended to read:

2686 472.011 Fees.—

2687 (5) The ~~biennial~~ renewal fee shall not exceed $500.

2688 Section 95. Subsections (7) through (10) of section

2689 472.0202, Florida Statutes, are amended to read:

2690 472.0202 Inactive and delinquent status.—

2691 (7) The board, by rule, shall impose an additional

2692 delinquency fee, not to exceed the ~~biennial~~ renewal fee for an

2693 active status license, on a delinquent status licensee when such

2694 licensee applies for active or inactive status.

2695 (8) The board, by rule, shall impose an additional fee,

2696 not to exceed the ~~biennial~~ renewal fee for an active status

2697 license, for processing a licensee's request to change licensure

2698 status at any time other than at the beginning of a licensure

2699 cycle.

2700 (9) The board, by rule, may impose reasonable conditions,

2701 excluding full reexamination but including part of a national

2702 examination or a special purpose examination to assess current

2703 competency, necessary to ensure that a licensee who has been on

2704 inactive status for more than one ~~two consecutive biennial~~

2705 licensure cycle ~~cycles~~ and who applies for active status can

2706 practice with the care and skill sufficient to protect the

2707 health, safety, and welfare of the public. Reactivation

2708 requirements may differ depending on the length of time

2709 licensees are inactive. The costs to meet reactivation

2710 requirements shall be borne by licensees requesting

2711 reactivation.

2712 (10) Before reactivation, an inactive or delinquent

2713 licensee shall meet the same continuing education requirements,

2714 if any, imposed on an active status licensee for all ~~biennial~~

2715 licensure periods in which the licensee was inactive or

2716 delinquent.

2717 Section 96. Subsection (2) of section 472.0203, Florida

2718 Statutes, is amended to read:

2719 472.0203 Renewal and cancellation notices.—

2720 (2) Each licensure renewal notification and each notice of

2721 pending cancellation of licensure must state conspicuously that

2722 a licensee who remains on inactive status for more than one ~~two~~

2723 ~~consecutive biennial~~ licensure cycle ~~cycles~~ and who wishes to

2724 reactivate the license may be required to demonstrate the

2725 competency to resume active practice by sitting for a special

2726 purpose examination or by completing other reactivation

2727 requirements, as defined by rule of the board.

2728 Section 97. Section 473.302, Florida Statutes, is amended

2729 to read:

2730 473.302 Definitions.—As used in this chapter, the term:

2731 ~~(1) "Board" means the Board of Accountancy.~~

2732 (1)(2) "Department" means the Department of Business and

2733 Professional Regulation.

2734 (2)(3) "Division" means the Division of Certified Public

2735 Accounting.

2736 (3)(4) "Certified public accountant" means an individual

2737 who holds a license to practice public accounting in this state

2738 or an individual who is practicing public accounting in this

2739 state pursuant to the practice privilege granted in s. 473.3141.

2740 The term "Florida certified public accountant" means an

2741 individual holding a license under the authority of this

2742 chapter.

2743 (4)(5) "Firm" means any legal entity that is engaged in

2744 the practice of public accounting.

2745 (5)(6) "Home office" means the principal headquarters of

2746 an entity. An entity may have only one principal headquarters.

2747 (6)(7) "Licensed firm" or "public accounting firm" means a

2748 sole proprietorship, partnership, corporation, limited liability

2749 company, firm, or any other legal entity licensed under s.

2750 473.3101.

2751 (7)(8) "Practice of," "practicing public accountancy," or

2752 "public accounting" means:

2753 (a) Offering to perform or performing for the public one

2754 or more types of services involving the expression of an opinion

2755 on financial statements, the attestation as an expert in

2756 accountancy to the reliability or fairness of presentation of

2757 financial information, the utilization of any form of opinion or

2758 financial statements that provide a level of assurance, the

2759 utilization of any form of disclaimer of opinion which conveys

2760 an assurance of reliability as to matters not specifically

2761 disclaimed, or the expression of an opinion on the reliability

2762 of an assertion by one party for the use by a third party;

2763 (b) Offering to perform or performing for the public one

2764 or more types of services involving the use of accounting

2765 skills, or one or more types of tax, management advisory, or

2766 consulting services, by any person who is a certified public

2767 accountant who holds an active license, issued pursuant to this

2768 chapter, or who is authorized to practice public accounting

2769 pursuant to the practice privileges granted in s. 473.3141,

2770 including the performance of such services by a certified public

2771 accountant in the employ of a person or firm;

2772 (c) Offering to perform or performing for the public one

2773 or more types of service involving the preparation of financial

2774 statements not included within paragraph (a), by a certified

2775 public accountant who holds an active license, issued pursuant

2776 to this chapter, or who is authorized to practice public

2777 accounting pursuant to the practice privileges granted in s.

2778 473.3141; by a firm of certified public accountants; or by a

2779 firm in which a certified public accountant has an ownership

2780 interest, including the performance of such services in the

2781 employ of another person. The department ~~board~~ shall adopt rules

2782 establishing standards of practice for such reports and

2783 financial statements; provided, however, that nothing in this

2784 paragraph shall be construed to permit the department ~~board~~ to

2785 adopt rules that have the result of prohibiting Florida

2786 certified public accountants employed by unlicensed firms from

2787 preparing financial statements as authorized by this paragraph;

2788 or

2789 (d) Offering to perform or performing for the public one

2790 or more types of services involving any attestation engagements

2791 in accordance with the Statements on Standards for Attestation

2792 Engagements.

2793 (8)(9) "Uniform Accountancy Act" means the Uniform

2794 Accountancy Act, Eighth Edition, dated January 2018 and

2795 published by the American Institute of Certified Public

2796 Accountants and the National Association of State Boards of

2797 Accountancy.

2799 However, these terms may ~~shall~~ not include services provided by

2800 the American Institute of Certified Public Accountants or the

2801 Florida Institute of Certified Public Accountants, or any full

2802 service association of certified public accounting firms whose

2803 plans of administration have been approved by the department

2804 ~~board,~~ to their members or services performed by these entities

2805 in reviewing the services provided to the public by members of

2806 these entities.

2807 Section 98. Section 473.3035, Florida Statutes, is amended

2808 to read:

2809 473.3035 Division of Certified Public Accounting.—

2810 (1) All services concerning this chapter, including, but

2811 not limited to, recordkeeping services, examination services,

2812 legal services, and investigative services, and those services

2813 in chapter 455 necessary to perform the duties of this chapter

2814 shall be provided by the Division of Certified Public

2815 Accounting. The department ~~board~~ may, ~~by majority vote,~~ delegate

2816 a duty or duties to the appropriate division within the

2817 department. The department ~~board~~ may, ~~by majority vote,~~ rescind

2818 any such delegation of duties at any time.

2819 (2) The Division of Certified Public Accounting shall be

2820 funded by fees and assessments of the department ~~board,~~ and

2821 funds collected by the department ~~board~~ shall be used only to

2822 fund public accounting regulation. Funding for the Division of

2823 Certified Public Accounting shall be governed by ss. 215.37 and

2824 455.219.

2825 Section 99. Section 473.304, Florida Statutes, is amended

2826 to read:

2827 473.304 Rules of department ~~board;~~ powers and duties;

2828 legal services.—

2829 (1) The department ~~board~~ shall adopt rules ~~pursuant to ss.~~

2830 ~~120.536(1) and 120.54~~ to implement ~~the provisions of~~ this act.

2831 Every certified public accountant and firm shall be governed and

2832 controlled by this act and the rules adopted by the department

2833 ~~board.~~

2834 (2) Subject to the prior approval of the Attorney General,

2835 the department ~~board~~ may retain independent legal counsel to

2836 provide legal advice to the department ~~board~~ on a specific

2837 matter.

2838 (3) An attorney employed or used by the department ~~board~~

2839 may not both prosecute a matter and provide legal services to

2840 the department ~~board~~ with respect to the same matter.

2841 Section 100. Section 473.305, Florida Statutes, is amended

2842 to read:

2843 473.305 Fees.—The department ~~board,~~ by rule, may establish

2844 fees to be paid for applications, examination, reexamination,

2845 licensing and renewal, reinstatement, and recordmaking and

2846 recordkeeping. The fee for the examination shall be established

2847 at an amount that covers the costs for the procurement or

2848 development, administration, grading, and review of the

2849 examination. The fee for the examination is refundable if the

2850 applicant is found to be ineligible to sit for the examination.

2851 The fee for initial application is nonrefundable, and the

2852 combined fees for application and examination may not exceed

2853 $250 plus the actual per applicant cost to the department for

2854 purchase of the examination from the American Institute of

2855 Certified Public Accountants or a similar national organization.

2856 The ~~biennial~~ renewal fee may not exceed $250. The department

2857 ~~board~~ may also establish, by rule, a reactivation fee, and a

2858 delinquency fee not to exceed $50 for continuing professional

2859 education reporting forms. The department ~~board~~ shall establish

2860 fees which are adequate to ensure the continued operation of the

2861 department ~~board~~ and to fund the proportionate expenses incurred

2862 by the department which are allocated to the regulation of

2863 public accountants. Fees shall be based on department estimates

2864 of the revenue required to implement this chapter and the

2865 provisions of law with respect to the regulation of certified

2866 public accountants.

2867 Section 101. Paragraph (b) of subsection (3) and

2868 subsections (4), (5), and (6) of section 473.306, Florida

2869 Statutes, are amended to read:

2870 473.306 Examinations.—

2871 (3) An applicant is entitled to take the licensure

2872 examination to practice in this state as a certified public

2873 accountant if:

2874 (b) The applicant shows that she or he has good moral

2875 character. For purposes of this paragraph, the term "good moral

2876 character" has the same meaning as provided in s. 473.308(6)(a)

2877 ~~s. 473.308(7)(a).~~ The department ~~board~~ may refuse to allow an

2878 applicant to take the licensure examination for failure to

2879 satisfy this requirement if:

2880 1. The department ~~board~~ finds a reasonable relationship

2881 between the lack of good moral character of the applicant and

2882 the professional responsibilities of a certified public

2883 accountant; and

2884 2. The finding by the department ~~board~~ of lack of good

2885 moral character is supported by competent substantial evidence.

2887 If an applicant is found pursuant to this paragraph to be

2888 unqualified to take the licensure examination because of a lack

2889 of good moral character, the department ~~board~~ shall furnish to

2890 the applicant a statement containing the findings of the

2891 department ~~board,~~ a complete record of the evidence upon which

2892 the determination was based, and a notice of the rights of the

2893 applicant to a rehearing and appeal.

2894 (4) The department ~~board~~ shall have the authority to

2895 establish the standards for determining and shall determine:

2896 (a) What constitutes a passing grade for each subject or

2897 part of the licensure examination;

2898 (b) Which educational institutions, in addition to the

2899 universities in the State University System of Florida, shall be

2900 deemed to be accredited colleges or universities;

2901 (c) What courses and number of hours constitute a major in

2902 accounting; and

2903 (d) What courses and number of hours constitute additional

2904 accounting courses acceptable under s. 473.308(4).

2905 (5) The department ~~board~~ may adopt an alternative

2906 licensure examination for persons who have been licensed to

2907 practice public accountancy or its equivalent in a foreign

2908 country so long as the International Qualifications Appraisal

2909 Board of the National Association of State Boards of Accountancy

2910 has ratified an agreement with that country for reciprocal

2911 licensure.

2912 (6) For the purposes of maintaining the proper educational

2913 qualifications for licensure under this chapter, the department

2914 ~~board~~ may appoint an Educational Advisory Committee, which shall

2915 be composed of one member of the department ~~board,~~ two persons

2916 in public practice who are licensed under this chapter, and four

2917 academicians on faculties of universities in this state.

2918 Section 102. Subsections (1), (2), and (3) of section

2919 473.309, Florida Statutes, are amended to read:

2920 473.309 Practice requirements for partnerships,

2921 corporations, and limited liability companies; business entities

2922 practicing public accounting.—

2923 (1) A partnership may not engage in the practice of public

2924 accounting, as defined in s. 473.302(7)(a) ~~s. 473.302(8)(a),~~ or

2925 meet the requirements of s. 473.3101(1)(b), unless:

2926 (a) It is a form of partnership recognized by Florida law.

2927 (b) Partners owning at least 51 percent of the financial

2928 interest and voting rights of the partnership are certified

2929 public accountants in some state. However, each partner who is a

2930 certified public accountant in another state and is domiciled in

2931 this state must be a certified public accountant of this state

2932 and hold an active license.

2933 (c) At least one general partner is a certified public

2934 accountant of this state and holds an active license or, in the

2935 case of a firm that must have a license pursuant to s.

2936 473.3101(1)(c), at least one general partner is a certified

2937 public accountant in some state and meets the requirements of s.

2938 473.3141(1) ~~s. 473.3141(1)(a) or (b).~~

2939 (d) All partners who are not certified public accountants

2940 in any state are engaged in the business of the partnership as

2941 their principal occupation.

2942 (e) It is in compliance with rules adopted by the

2943 department ~~board~~ pertaining to minimum capitalization, letters

2944 of credit, and adequate public liability insurance.

2945 (2) A corporation may not engage in the practice of public

2946 accounting, as defined in s. 473.302(7)(a) ~~s. 473.302(8)(a),~~ or

2947 meet the requirements of s. 473.3101(1)(b), unless:

2948 (a) It is a corporation duly organized in this or some

2949 other state.

2950 (b) Shareholders of the corporation owning at least 51

2951 percent of the financial interest and voting rights of the

2952 corporation are certified public accountants in some state and

2953 are principally engaged in the business of the corporation.

2954 However, each shareholder who is a certified public accountant

2955 in another state and is domiciled in this state must be a

2956 certified public accountant of this state and hold an active

2957 license.

2958 (c) The principal officer of the corporation is a

2959 certified public accountant in some state.

2960 (d) At least one shareholder of the corporation is a

2961 certified public accountant and holds an active license in this

2962 state or, in the case of a firm that must have a license

2963 pursuant to s. 473.3101(1)(c), at least one shareholder is a

2964 certified public accountant in some state and meets the

2965 requirements of s. 473.3141(1) ~~s. 473.3141(1)(a) or (b).~~

2966 (e) All shareholders who are not certified public

2967 accountants in any state are engaged in the business of the

2968 corporation as their principal occupation.

2969 (f) It is in compliance with rules adopted by the

2970 department ~~board~~ pertaining to minimum capitalization, letters

2971 of credit, and adequate public liability insurance.

2972 (3) A limited liability company may not engage in the

2973 practice of public accounting, as defined in s. 473.302(7)(a) s.

2974 ~~473.302(8)(a),~~ or meet the requirements of s. 473.3101(1)(b),

2975 unless:

2976 (a) It is a limited liability company duly organized in

2977 this or some other state.

2978 (b) Members of the limited liability company owning at

2979 least 51 percent of the financial interest and voting rights of

2980 the company are certified public accountants in some state.

2981 However, each member who is a certified public accountant in

2982 some state and is domiciled in this state must be a certified

2983 public accountant of this state and hold an active license.

2984 (c) At least one member of the limited liability company

2985 is a certified public accountant and holds an active license in

2986 this state or, in the case of a firm that must have a license

2987 pursuant to s. 473.3101(1)(c), at least one member is a

2988 certified public accountant in some state and meets the

2989 requirements of s. 473.3141(1) ~~s. 473.3141(1)(a) or (b).~~

2990 (d) All members who are not certified public accountants

2991 in any state are engaged in the business of the company as their

2992 principal occupation.

2993 (e) It is in compliance with rules adopted by the

2994 department ~~board~~ pertaining to minimum capitalization, letters

2995 of credit, and adequate public liability insurance.

2996 (f) It is currently licensed as required by s. 473.3101.

2997 Section 103. Subsections (1) and (4) of section 473.3101,

2998 Florida Statutes, are amended to read:

2999 473.3101 Licensure of firms or public accounting firms.—

3000 (1) The following must hold a license issued under this

3001 section:

3002 (a) Any firm with an office in this state which performs

3003 services as defined in s. 473.302(7)(a) ~~s. 473.302(8)(a);~~

3004 (b) Any firm with an office in this state which uses the

3005 title "CPA," "CPA firm," or any other title, designation, words,

3006 letters, abbreviations, or device tending to indicate that it is

3007 a CPA firm. The department ~~board~~ shall define by rule what

3008 constitutes a CPA firm; or

3009 (c)1. Any firm that does not have an office in this state

3010 but performs the services described in s. 473.3141(4) for a

3011 client having its home office in this state, unless it:

3012 a. Complies with the qualifications described in s.

3013 473.309.

3014 b. Is enrolled in a peer review program pursuant to s.

3015 473.3125(4).

3016 c. Performs services through an individual with practice

3017 privileges under s. 473.3141.

3018 d. Lawfully performs services in a state where an

3019 individual with practice privileges granted under s. 473.3141

3020 has his or her principal place of business.

3021 2. The department ~~board~~ shall define by rule what

3022 constitutes an office.

3023 (4) The department ~~board~~ shall determine whether the firm

3024 or public accounting firm meets the requirements for practice

3025 and, pending that determination, may certify ~~to the department~~

3026 the firm or public accounting firm for provisional licensure.

3027 Section 104. Subsection (2) of section 473.311, Florida

3028 Statutes, is amended to read:

3029 473.311 Renewal of license.—

3030 (2) The department shall adopt rules establishing a

3031 procedure for the ~~biennial~~ renewal of licenses issued pursuant

3032 to this section every 4 years.

3033 Section 105. Paragraph (a) of subsection (1) and

3034 subsections (2), (3), and (4) of section 473.3125, Florida

3035 Statutes, are amended to read:

3036 473.3125 Peer review.—

3037 (1) As used in this section, the term:

3038 (a) "Licensee" means a licensed firm or public accounting

3039 firm as defined in s. 473.302 ~~s. 473.302(7)~~ and engaged in the

3040 practice of public accounting as defined in s. 473.302(7)(a) s.

3041 ~~473.302(8)(a)~~ that is required to be licensed under s. 473.3101.

3042 (2) The department ~~board~~ shall adopt rules establishing

3043 minimum standards for peer review programs, including, but not

3044 limited to, standards for administering, performing, and

3045 reporting peer reviews. The department ~~board~~ shall also adopt

3046 rules establishing minimum criteria for the department's ~~board's~~

3047 approval of one or more organizations that facilitate and

3048 administer peer review programs.

3049 (3) For the purposes of maintaining oversight of the

3050 license renewal requirements of s. 473.311(2), the department

3051 ~~board~~ may establish a peer review oversight committee, which

3052 shall be composed of at least three, but no more than five,

3053 members who are licensed under this chapter and whose firms are

3054 subject to s. 473.311(2) and have received a review rating of

3055 "pass" on the most recent peer review.

3056 (4) Effective January 1, 2015, a licensed firm or public

3057 accounting firm as defined in s. 473.302 ~~s. 473.302(7)~~ and

3058 licensed under s. 473.3101 and engaged in the practice of public

3059 accounting as defined in s. 473.302(7)(a) ~~s. 473.302(8)(a),~~

3060 except for the performance of compilations and reviews as those

3061 terms are defined by the department ~~board,~~ must be enrolled in a

3062 peer review program.

3063 Section 106. Section 473.313, Florida Statutes, is amended

3064 to read:

3065 473.313 Inactive status; retired status.—

3066 (1) A Florida certified public accountant may request that

3067 her or his license be placed in an inactive status by making

3068 application to the department. The department ~~board~~ may

3069 prescribe by rule fees for placing a license on inactive status,

3070 renewal of inactive status, and reactivation of an inactive

3071 license.

3072 (a) A license that has become inactive under this

3073 subsection or for failure to complete the requirements in s.

3074 473.312 may be reactivated under s. 473.311 upon application to

3075 the department. The department ~~board~~ may prescribe by rule

3076 continuing education requirements as a condition of reactivating

3077 a license. The maximum continuing education requirements for

3078 reactivating a license are 120 hours, including at least 30

3079 hours in accounting-related and auditing-related subjects, not

3080 more than 30 hours in behavioral subjects, and a minimum of 8

3081 hours in ethics subjects approved by the department ~~board,~~ for

3082 the reactivation of a license that is inactive or delinquent.

3083 (b) A license that is delinquent for failure to report

3084 completion of the requirements in s. 473.312 may be reactivated

3085 under s. 473.311 upon application to the department.

3086 Reactivation requires the payment of an application fee as

3087 determined by the department ~~board~~ and certification by the

3088 Florida certified public accountant that the applicant

3089 satisfactorily completed the continuing education requirements

3090 set forth under s. 473.311. If the license is delinquent on

3091 January 1 because of failure to report completed continuing

3092 education requirements, the applicant must submit a complete

3093 application to the department ~~board~~ by March 15 immediately

3094 after the delinquent period.

3095 (c) Any Florida certified public accountant holding an

3096 inactive license may be permitted to reactivate such license in

3097 a conditional manner. The conditions of reactivation shall

3098 require the payment of fees and the completion of required

3099 continuing education.

3100 (d) Notwithstanding ~~the provisions of~~ s. 455.271, the

3101 department ~~board~~ may, at its discretion, reinstate the license

3102 of an individual whose license has become null and void if the

3103 individual has made a good faith effort to comply with this

3104 section but has failed to comply because of illness or unusual

3105 hardship. The individual shall apply to the department ~~board~~ for

3106 reinstatement in a manner prescribed by rules of the department

3107 ~~board~~ and shall pay an application fee in an amount determined

3108 by rule of the department ~~board.~~ The department ~~board~~ shall

3109 require that the individual meet all continuing education

3110 requirements as provided in paragraph (a), pay appropriate

3111 licensing fees, and otherwise be eligible for renewal of

3112 licensure under this chapter.

3113 (2) A Florida certified public accountant who is at least

3114 65 years of age, currently holds an active or inactive license

3115 in good standing under this chapter, and is not the subject of

3116 any sanction or disciplinary action may request that her or his

3117 license be placed on retired status by making application to the

3118 department. The department ~~board~~ may prescribe by rule the

3119 application for placing a license on retired status, which must

3120 state that the applicant has no association with accounting or

3121 any of the services described in s. 473.302 ~~s. 473.302(8).~~ If a

3122 licensee who has been granted retired status reenters the

3123 workforce in a position that has an association with accounting

3124 or any of the services described in s. 473.302 ~~s. 473.302(8),~~

3125 the licensee automatically loses her or his retired status.

3126 (a) A retired licensee may, without losing her or his

3127 retired status, ~~serve without compensation on a board of~~

3128 ~~directors or board of trustees,~~ provide volunteer tax

3129 preparation services, participate in a government-sponsored

3130 business mentoring program such as the Internal Revenue

3131 Service's Volunteer Income Tax Assistance program or the Small

3132 Business Administration's SCORE program, or participate in an

3133 advisory role for a similar charitable, civic, or other

3134 nonprofit ~~non-profit~~ organization.

3135 (b) The department ~~board~~ shall require a retired licensee

3136 to affirm in writing her or his understanding of the limited

3137 types of activities in which she or he may engage while in

3138 retired status and that she or he has a professional duty to

3139 ensure that she or he holds the professional competencies

3140 necessary to participate in such activities.

3141 (c) A retired licensee may accept routine reimbursement

3142 for actual costs of travel and meals associated with volunteer

3143 services or de minimis per diem amounts paid to the licensee to

3144 cover such expenses as allowed by law.

3145 (d) A retired licensee may use the title of "retired CPA"

3146 on any business card or letterhead or any other printed or

3147 electronic document. However, such title must not be applied in

3148 such a manner that could confuse the public as to the current

3149 status of the licensee. The licensee is not required to have a

3150 certificate issued with the word "retired" on the certificate.

3151 (e) A retired licensee is not required to maintain the

3152 continuing education requirements under s. 473.312.

3153 (f) A retired licensee may not offer or render

3154 professional services that require her or his signature and the

3155 use of the CPA title, regardless of whether "retired" is

3156 attached to such title.

3157 (g) A retired licensee may be permitted to reactivate her

3158 or his license in a conditional manner as determined by the

3159 department ~~board.~~ The conditions of reactivation must require

3160 the payment of fees and the completion of required continuing

3161 education. The department ~~board~~ may prescribe by rule an

3162 application for reactivating a license placed on retired status

3163 and continuing education requirements as a condition of

3164 reactivating a license placed on retired status. The minimum

3165 continuing education requirements for reactivating a license

3166 placed on retired status are those of the most recent biennium

3167 plus one-half of the requirements in s. 473.312 for each

3168 biennium or part thereof during which the license was on retired

3169 status.

3171 For the purposes of this subsection, the term "retired licensee"

3172 means a licensee whose license has been placed in retired status

3173 by the department.

3174 Section 107. Subsections (1), (2), and (4) of section

3175 473.314, Florida Statutes, are amended to read:

3176 473.314 Temporary license.—

3177 (1) The department ~~board~~ shall adopt rules providing for

3178 the issuance of temporary licenses to certified public

3179 accountants or firms of other states who do not meet the

3180 requirements of s. 473.3141, for the purpose of enabling them or

3181 their employees to perform specific engagements involving the

3182 practice of public accountancy in this state. No temporary

3183 license shall be valid for more than 90 days after its issuance,

3184 and no license shall cover more than one engagement. After the

3185 expiration of 90 days, a new license shall be required.

3186 (2) Each application for a temporary license shall state

3187 the names of all persons who are to enter this state and shall

3188 be accompanied by a fee in an amount established by the

3189 department ~~board~~ not to exceed $400.

3190 (4) Upon certification of the applicant ~~by the board,~~ the

3191 department shall issue a temporary license to the applicant.

3192 Section 108. Subsections (3) and (4) of section 473.315,

3193 Florida Statutes, are amended to read:

3194 473.315 Independence, technical standards.—

3195 (3) The department ~~board~~ shall adopt rules establishing

3196 the standards of practice of public accounting, including, but

3197 not limited to, independence, competence, and technical

3198 standards.

3199 (4) Attorneys who are admitted to practice law by the

3200 Supreme Court of Florida are exempt from the standards of

3201 practice of public accounting as defined in s. 473.302(7)(b) and

3202 (c) ~~s. 473.302(8)(b) and (c)~~ when such standards conflict with

3203 the rules of The Florida Bar or orders of the Florida Supreme

3204 Court. Section 109. Subsections (5) and (6) of section 473.316,

3206 Florida Statutes, are amended to read:

3207 473.316 Communications between the accountant and client

3208 privileged.—

3209 (5) Communications are not privileged from disclosure in

3210 any disciplinary investigation or proceeding conducted pursuant

3211 to this act by the department or before the department ~~board~~ or

3212 in any judicial review of such a proceeding. In any such

3213 proceeding, a certified public accountant or public accountant,

3214 without the consent of her or his client, may testify with

3215 respect to any communication between the accountant and the

3216 accountant's client or be compelled, pursuant to a subpoena of

3217 the department ~~or the board,~~ to testify or produce records,

3218 books, or papers. Such a communication disclosed to the

3219 department ~~board~~ and records of the department ~~board~~ relating to

3220 the communication shall for all other purposes and proceedings

3221 be a privileged communication in all of the courts of this

3222 state.

3223 (6) The proceedings, records, and workpapers of a review

3224 committee are privileged and are not subject to discovery,

3225 subpoena, or other means of legal process or to introduction

3226 into evidence in a civil action or arbitration or an,

3227 administrative proceeding, ~~or state accountancy board~~

3228 ~~proceeding.~~ A member of a review committee or person who was

3229 involved in a quality review may not testify in a civil action

3230 or arbitration or an, administrative proceeding, ~~or state~~

3231 ~~accountancy board proceeding~~ as to any matter produced or

3232 disclosed during the quality review or as to any findings,

3233 recommendations, evaluations, opinions, or other actions of the

3234 review committee or any members thereof. Public records and

3235 materials prepared for a particular engagement are not

3236 privileged merely because they were presented during the quality

3237 review. This privilege does not apply to disputes between a

3238 review committee and a person subject to a quality review.

3239 Section 110. Section 473.319, Florida Statutes, is amended to read:

3241 473.319 Contingent fees.—Public accounting services as

3242 defined in s. 473.302(7)(a) and (c) ~~s. 473.302(8)(a) and (c),~~

3243 and those that include tax filings with federal, state, or local

3244 government, may ~~shall~~ not be offered or rendered for a fee

3245 contingent upon the findings or results of such service. This

3246 section does not apply to services involving federal, state, or

3247 other taxes in which the findings are those of the tax

3248 authorities and not those of the certified public accountant or

3249 firm. Fees to be fixed by courts or other public authorities,

3250 which are of an indeterminate amount at the time a public

3251 accounting service is undertaken, may ~~shall~~ not be regarded as

3252 contingent fees for purposes of this section.

3253 Section 111. Section 473.3205, Florida Statutes, is

3254 amended to read:

3255 473.3205 Commissions or referral fees.—A certified public

3256 accountant or firm may not accept or pay a commission or

3257 referral fee in connection with the sale or referral of public

3258 accounting services as defined in s. 473.302(7)(a) and (c) s.

3259 ~~473.302(8)(a) and (c).~~ Any certified public accountant or firm

3260 that is engaged in the practice of public accounting and that

3261 accepts a commission for the sale of a product or service to a

3262 client must disclose that fact to the client in writing in

3263 accordance with rules adopted by the department ~~board.~~ However,

3264 this section may ~~shall~~ not prohibit:

3265 (1) Payments for the purchase of an accounting practice;

3266 (2) Retirement payments to individuals formerly engaged in

3267 the practice of public accounting or payments to their heirs or

3268 estates; or

3269 (3) Payment of fees to a referring certified public

3270 accountant or firm for public accounting services to the

3271 successor certified public accountant or firm or the client in

3272 connection with an engagement.

3273 Section 112. Subsection (3) of section 473.321, Florida

3274 Statutes, is amended to read:

3275 473.321 Fictitious names.—

3276 (3) The department ~~board~~ shall adopt rules for

3277 interpretation of this section.

3278 Section 113. Paragraphs (c) and (e) of subsection (1) of

3279 section 473.322, Florida Statutes, are amended to read:

3280 473.322 Prohibitions; penalties.—

3281 (1) A person may not knowingly:

3282 (c) Perform or offer to perform any services described in

3283 s. 473.302(7)(a) or (d) ~~s. 473.302(8)(a) or (d)~~ unless such

3284 person holds an active license under this chapter and is a

3285 licensed firm, provides such services through a licensed firm,

3286 or complies with ss. 473.3101 and 473.3141. This paragraph does

3287 not prohibit the performance by persons other than certified

3288 public accountants of other services involving the use of

3289 accounting skills, including the preparation of tax returns and

3290 the preparation of financial statements without expression of

3291 opinion thereon;

3292 (e) Give false or forged evidence to the department ~~board~~

3293 ~~or a member thereof;~~

3294 Section 114. Paragraph (m) of subsection (1) and

3295 subsections (2), (3), and (4) of section 473.323, Florida

3296 Statutes, are amended to read:

3297 473.323 Disciplinary proceedings.—

3298 (1) The following acts constitute grounds for which the

3299 disciplinary actions in subsection (3) may be taken:

3300 (m) Failing to provide any written disclosure to a client

3301 or the public which is required by this chapter or rule of the

3302 department ~~board.~~

3303 (2) The department ~~board~~ shall specify, by rule, what acts

3304 or omissions constitute a violation of subsection (1).

3305 (3) When the department ~~board~~ finds any certified public

3306 accountant or firm guilty of any of the grounds set forth in

3307 subsection (1), it may enter an order imposing one or more of

3308 the following penalties:

3309 (a) Denial of an application for licensure.

3310 (b) Revocation or suspension of the certified public

3311 accountant or firm's license or practice privileges in this

3312 state.

3313 (c) Imposition of an administrative fine not to exceed

3314 $5,000 for each count or separate offense.

3315 (d) Issuance of a reprimand.

3316 (e) Placement of the certified public accountant on

3317 probation for a period of time and subject to such conditions as

3318 the department ~~board~~ may specify, including requiring the

3319 certified public accountant to attend continuing education

3320 courses or to work under the supervision of another licensee.

3321 (f) Restriction of the authorized scope of practice by the

3322 certified public accountant.

3323 (4) The department shall reissue the license of a

3324 disciplined licensee upon certification ~~by the board~~ that the

3325 disciplined licensee has complied with all of the terms and

3326 conditions set forth in the final order.

3327 Section 115. Subsection (2) of section 474.202, Florida

3328 Statutes, is amended to read:

3329 474.202 Definitions.—As used in this chapter:

3330 ~~(2) "Board" means the Board of Veterinary Medicine.~~

3331 Section 116. Section 474.2065, Florida Statutes, is

3332 amended to read:

3333 474.2065 Fees.—The department ~~board,~~ by rule, shall

3334 establish fees for application and examination, reexamination,

3335 license renewal, inactive status, renewal of inactive status,

3336 license reactivation, periodic inspection of veterinary

3337 establishments, and duplicate copies of licenses, certificates,

3338 and permits. The fee for the initial application and examination

3339 may not exceed $650 plus the actual per applicant cost to the

3340 department for purchase of portions of the examination from the

3341 Professional Examination Service for the American Veterinary

3342 Medical Association or a similar national organization. The fee

3343 for licensure by endorsement may not exceed $500. The fee for

3344 temporary licensure may not exceed $200. The department ~~board~~

3345 shall establish fees that are adequate to ensure its continued

3346 operation and to fund the proportionate expenses incurred by the

3347 department which are allocated to the regulation of

3348 veterinarians. Fees shall be based on departmental estimates of

3349 the revenue required to administer this chapter and the

3350 provisions relating to the regulation of veterinarians.

3351 Section 117. Subsections (1) through (4) of section

3352 474.207, Florida Statutes, are amended to read:

3353 474.207 Licensure by examination.—

3354 (1) Any person desiring to be licensed as a veterinarian

3355 shall apply to the department to take a licensure examination.

3356 The department ~~board~~ may by rule adopt use of a national

3357 examination in lieu of part or all of the examination required

3358 by this section, with a reasonable passing score to be set by

3359 rule of the department ~~board.~~

3360 (2) The department shall license each applicant who the

3361 department ~~board~~ certifies has:

3362 (a) Completed the application form and remitted an

3363 examination fee set by the department ~~board.~~

3364 (b)1. Graduated from a college of veterinary medicine

3365 accredited by the American Veterinary Medical Association

3366 Council on Education; or

3367 2. Graduated from a college of veterinary medicine listed

3368 in the American Veterinary Medical Association Roster of

3369 Veterinary Colleges of the World and obtained a certificate from

3370 the Education Commission for Foreign Veterinary Graduates or the

3371 Program for the Assessment of Veterinary Education Equivalence.

3372 (c) Successfully completed the examination provided by the

3373 department for this purpose, or an examination determined by the

3374 department ~~board~~ to be equivalent.

3375 (d) Demonstrated knowledge of the laws and rules governing

3376 the practice of veterinary medicine in Florida in a manner

3377 designated by rules of the department ~~board.~~

3379 The department may ~~shall~~ not issue a license to any applicant

3380 who is under investigation in any state or territory of the

3381 United States or in the District of Columbia for an act which

3382 would constitute a violation of this chapter until the

3383 investigation is complete and disciplinary proceedings have been

3384 terminated, at which time the provisions of s. 474.214 shall

3385 apply.

3386 (3) Notwithstanding ~~the provisions of~~ paragraph (2)(b), an

3387 applicant shall be deemed to have met the education requirements

3388 for licensure upon submission of evidence that the applicant

3389 meets one of the following:

3390 (a) The applicant was certified for examination before by

3391 ~~the board prior to~~ October 1, 1989; or

3392 (b) The applicant immigrated to the United States after

3393 leaving her or his home country because of political reasons,

3394 provided such country is located in the Western Hemisphere and

3395 lacks diplomatic relations with the United States; and

3396 1. Was a Florida resident immediately preceding her or his

3397 application for licensure;

3398 2. Demonstrates to the department ~~board,~~ through

3399 submission of documentation verified by the applicant's

3400 respective professional association in exile, that she or he

3401 received a professional degree in veterinary medicine from a

3402 college or university located in the country from which she or

3403 he emigrated. However, the department ~~board~~ may not require

3404 receipt transcripts from the Republic of Cuba as a condition of

3405 eligibility under this section; and

3406 3. Lawfully practiced her or his profession for at least 3

3407 years.

3408 (4) Applicants certified for examination or reexamination

3409 under subsection (3) who fail the examination three times

3410 subsequent to October 1, 1989, shall be required to demonstrate

3411 to the department ~~board~~ that they meet the requirements of

3412 paragraph (2)(b) before ~~prior to~~ any further reexamination or

3413 certification for licensure.

3414 Section 118. Section 474.211, Florida Statutes, is amended to read:

3416 474.211 Renewal of license.—

3417 (1) The department shall renew a license upon receipt of

3418 the renewal application and fee ~~and an affidavit of compliance~~

3419 ~~with continuing education requirements set by rule of the board.~~

3420 (2) The department shall adopt rules establishing a

3421 procedure for the ~~biennial~~ renewal of licenses every 4 years.

3422 ~~(3) The board may by rule prescribe continuing education,~~

3423 ~~not to exceed 30 hours biennially, as a condition for renewal of~~

3424 ~~a license or certificate. The criteria for such programs,~~

3425 ~~providers, and courses shall be approved by the board.~~

3426 Section 119. Subsections (1), (2), and (3) of section

3427 474.2125, Florida Statutes, are amended to read:

3428 474.2125 Temporary license.—

3429 (1) The department ~~board~~ shall adopt rules providing for

3430 the issuance of a temporary license to a licensed veterinarian

3431 of another state for the purpose of enabling her or him to

3432 provide veterinary medical services in this state for the

3433 animals of a specific owner or, as may be needed in an emergency

3434 as defined in s. 252.34(4), for the animals of multiple owners,

3435 provided the applicant would qualify for licensure by

3436 endorsement under s. 474.217. No temporary license shall be

3437 valid for more than 30 days after its issuance, and no license

3438 shall cover more than the treatment of the animals of one owner

3439 except in an emergency as defined in s. 252.34(4). After the

3440 expiration of 30 days, a new license is required.

3441 (2) Each application for a temporary license shall state

3442 the names of all persons who are to enter this state and shall

3443 be accompanied by a fee in an amount established by the

3444 department ~~board.~~

3445 (3) Upon certification of the applicant ~~by the board,~~ the

3446 department shall issue a temporary license to the applicant.

3447 Section 120. Paragraph (d) of subsection (1) of section

3448 474.213, Florida Statutes, is amended to read:

3449 474.213 Prohibitions; penalties.—

3450 (1) No person shall:

3451 (d) Give false or forged evidence to the department ~~board~~

3452 or a member thereof for the purpose of obtaining a license;

3453 Section 121. Paragraphs (a), (f), (h), (j), (v), (aa),

3454 (ee), (jj), and (nn) of subsection (1) and subsections (2) and (3) of section 474.214, Florida Statutes, are amended to read:

3456 474.214 Disciplinary proceedings.—

3457 (1) The following acts shall constitute grounds for which

3458 the disciplinary actions in subsection (2) may be taken:

3459 (a) Attempting to procure a license to practice veterinary

3460 medicine by bribery, by fraudulent representations, or through

3461 an error of the department ~~or the board.~~

3462 (f) Violating any provision of this chapter or chapter

3463 455, a rule of the ~~board or~~ department, or a lawful order of the

3464 ~~board or~~ department previously entered in a disciplinary

3465 hearing, or failing to comply with a lawfully issued subpoena of

3466 the department.

3467 (h) Being unable to practice veterinary medicine with

3468 reasonable skill or safety to patients by reason of illness,

3469 drunkenness, use of drugs, narcotics, chemicals, or any other

3470 material or substance or as a result of any mental or physical

3471 condition. In enforcing this paragraph, upon a finding by the

3472 secretary, the secretary's designee, or the probable cause panel

3473 of the department ~~board~~ that probable cause exists to believe

3474 that the licensee is unable to practice the profession because

3475 of the reasons stated in this paragraph, the department may

3476 ~~shall have the authority to~~ compel a licensee to submit to a

3477 mental or physical examination by a physician designated by the

3478 department. If the licensee refuses to comply with the

3479 department's order, the department may file a petition for

3480 enforcement in the circuit court of the circuit in which the

3481 licensee resides or does business. The licensee may ~~shall~~ not be

3482 named or identified by initials in any other public court

3483 records or documents and the enforcement proceedings shall be

3484 closed to the public. The department shall be entitled to the

3485 summary procedure provided in s. 51.011. A licensee affected

3486 under this paragraph shall be afforded an opportunity at

3487 reasonable intervals to demonstrate that she or he can resume

3488 the competent practice for which she or he is licensed with

3489 reasonable skill and safety to patients. Neither the record of

3490 proceedings nor the orders entered by the department ~~board~~ in

3491 any proceedings under this paragraph shall be used against a

3492 licensee in any other proceedings.

3493 (j) Knowingly maintaining a professional connection or

3494 association with any person who is in violation of the

3495 provisions of this chapter or the rules of the ~~board or~~

3496 department. However, if the licensee verifies that the person is

3497 actively participating in a department-approved ~~board-approved~~

3498 program for the treatment of a physical or mental condition, the

3499 licensee is required only to report such person to the

3500 consultant.

3501 (v) Failing to keep the equipment and premises of the

3502 business establishment in a clean and sanitary condition, having

3503 a premises permit suspended or revoked pursuant to s. 474.215,

3504 or operating or managing premises that do not comply with

3505 requirements established by rule of the department ~~board.~~

3506 (aa) Failing to report to the department any person the

3507 licensee knows to be in violation of this chapter or of the

3508 rules of the department ~~or board.~~ However, if the licensee

3509 verifies that the person is actively participating in a

3510 department-approved ~~board-approved~~ program for the treatment of

3511 a physical or mental condition, the licensee is required only to

3512 report such person to the consultant.

3513 (ee) Failing to keep contemporaneously written medical

3514 records as required by rule of the department ~~board.~~

3515 (jj) Failing to report to the department ~~board~~ within 30

3516 days, in writing, any action set forth in paragraph (b) that has

3517 been taken against the practitioner's license to practice

3518 veterinary medicine by any jurisdiction, including any agency or

3519 subdivision thereof.

3520 (nn) Failing to report a change of address to the

3521 department ~~board~~ within 60 days thereafter ~~thereof.~~

3522 (2) When the department ~~board~~ finds any applicant or

3523 veterinarian guilty of any of the grounds set forth in

3524 subsection (1), regardless of whether the violation occurred

3525 before ~~prior to~~ licensure, it may enter an order imposing one or

3526 more of the following penalties:

3527 (a) Denial of certification for examination or licensure.

3528 (b) Revocation or suspension of a license.

3529 (c) Imposition of an administrative fine not to exceed

3530 $5,000 for each count or separate offense.

3531 (d) Issuance of a reprimand.

3532 (e) Placement of the veterinarian on probation for a

3533 period of time and subject to such conditions as the department

3534 ~~board~~ may specify, including requiring the veterinarian to

3535 attend continuing education courses or to work under the

3536 supervision of another veterinarian.

3537 (f) Restricting the authorized scope of practice.

3538 (g) Imposition of costs of the investigation and

3539 prosecution.

3540 (h) Requiring the veterinarian to undergo remedial

3541 education.

3543 In determining appropriate action, the department ~~board~~ must

3544 first consider those sanctions necessary to protect the public.

3545 Only after those sanctions have been imposed may the

3546 disciplining authority consider and include in its order

3547 requirements designed to rehabilitate the veterinarian. All

3548 costs associated with compliance with any order issued under

3549 this subsection are the obligation of the veterinarian.

3550 (3) The department shall reissue the license of a

3551 disciplined veterinarian upon certification ~~by the board~~ that

3552 the disciplined veterinarian has complied with all of the terms

3553 and conditions set forth in the final order and is capable of

3554 competently and safely engaging in the practice of veterinary

3555 medicine.

3556 Section 122. Subsections (1), (5), (7), (8), and (9) of

3557 section 474.215, Florida Statutes, are amended to read:

3558 474.215 Premises permits.—

3559 (1) Any establishment, permanent or mobile, where a

3560 licensed veterinarian practices must have a premises permit

3561 issued by the department. Upon application and payment of a fee

3562 not to exceed $250, as set by rule of the department ~~board,~~ the

3563 department shall cause such establishment to be inspected. A

3564 premises permit shall be issued if the establishment meets

3565 minimum standards, to be adopted by rule of the department

3566 ~~board,~~ as to sanitary conditions, recordkeeping, equipment,

3567 radiation monitoring, services required, and physical plant.

3568 (5) The department may issue a temporary premises permit

3569 to a responsible veterinarian who has submitted the application

3570 fee and a completed application form affirming compliance with

3571 the standards set by rule of the department ~~board.~~ If the

3572 department inspects the establishment and discovers that it is

3573 not in compliance with the department's standards, the

3574 department shall notify the veterinarian in writing of the

3575 deficiencies and shall provide 30 days for correction of the

3576 deficiencies and reinspection. Such temporary permit shall

3577 become void upon notification by the department that the

3578 establishment has failed, after reinspection, to meet those

3579 standards. Upon receipt of such notice, the responsible

3580 veterinarian shall close the establishment until completion of a

3581 subsequent inspection affirming that the required standards have

3582 been met and until another permit has been issued by the

3583 department.

3584 (7) The department ~~board~~ by rule shall establish minimum

3585 standards for the operation of limited service veterinary

3586 medical practices. Such rules may ~~shall~~ not restrict limited

3587 service veterinary medical practices and shall be consistent

3588 with the type of limited veterinary medical service provided.

3589 (a) Any person that offers or provides limited service

3590 veterinary medical practice shall obtain a biennial permit from

3591 the department ~~board~~ the cost of which may ~~shall~~ not exceed

3592 $250. The limited service permittee shall register each location

3593 where a limited service clinic is held and shall pay a fee set

3594 by rule not to exceed $25 to register each such location.

3595 (b) All permits issued under this subsection are subject

3596 to ~~the provisions of~~ ss. 474.213 and 474.214.

3597 (c) Notwithstanding any provision of this subsection to

3598 the contrary, any temporary rabies vaccination effort operated

3599 by a county health department in response to a public health

3600 threat, as declared by the State Health Officer in consultation

3601 with the State Veterinarian, is not subject to any

3602 preregistration, time limitation, or fee requirements, but must

3603 adhere to all other requirements for limited service veterinary

3604 medical practice as prescribed by rule. The fee charged to the

3605 public for a rabies vaccination administered during such

3606 temporary rabies vaccination effort may not exceed the actual

3607 cost of administering the rabies vaccine. Such rabies

3608 vaccination efforts may not be used for any purpose other than

3609 to address the public health consequences of the rabies

3610 outbreak. The department ~~board~~ shall be immediately notified in

3611 writing of any temporary rabies vaccination effort operated

3612 under this paragraph.

3613 (8) Any person who is not a veterinarian licensed under

3614 this chapter but who desires to own and operate a veterinary

3615 medical establishment or limited service clinic shall apply to

3616 the department ~~board~~ for a premises permit. If the department

3617 ~~board~~ certifies that the applicant complies with the applicable

3618 laws and rules of the department ~~board,~~ the department shall

3619 issue a premises permit. No permit shall be issued unless a

3620 licensed veterinarian is designated to undertake the

3621 professional supervision of the veterinary medical practice and

3622 the minimum standards set by rule of the department ~~board~~ for

3623 premises where veterinary medicine is practiced. Upon

3624 application, the department shall submit the permittee's name

3625 for a statewide criminal records correspondence check through

3626 the Department of Law Enforcement. The permittee shall notify

3627 the department ~~board~~ within 10 days after any designation of a

3628 new licensed veterinarian responsible for such duties. A

3629 permittee under this subsection is subject to the provisions of

3630 subsection (9) and s. 474.214.

3631 (9)(a) The department ~~or the board~~ may deny, revoke, or

3632 suspend the permit of any permittee under this section and may

3633 fine, place on probation, or otherwise discipline any such

3634 permittee who has:

3635 1. Obtained a permit by misrepresentation or fraud or

3636 through an error of the department ~~or board;~~

3637 2. Attempted to procure, or has procured, a permit for any

3638 other person by making, or causing to be made, any false

3639 representation;

3640 3. Violated any of the requirements of this chapter or any

3641 rule of the department ~~board;~~ or

3642 4. Been convicted or found guilty of, or entered a plea of

3643 nolo contendere to, regardless of adjudication, a felony in any

3644 court of this state, of any other state, or of the United

3645 States.

3646 (b) If the permit is revoked or suspended, the owner,

3647 manager, or proprietor shall cease to operate the premises as a

3648 veterinary medical practice as of the effective date of the

3649 suspension or revocation. In the event of such revocation or

3650 suspension, the owner, manager, or proprietor shall remove from

3651 the premises all signs and symbols identifying the premises as a

3652 veterinary medical practice. The period of any such suspension

3653 shall be prescribed by rule of the department ~~board,~~ but may not

3654 exceed 1 year. If the permit is revoked, the person owning or

3655 operating the establishment may not apply for a permit to

3656 operate a premises for a period of 1 year after the effective

3657 date of such revocation. Upon the effective date of such

3658 revocation, the permittee must advise the department ~~board~~ of

3659 the disposition of all medicinal drugs and must provide for

3660 ensuring the security, confidentiality, and availability to

3661 clients of all patient medical records.

3662 Section 123. Section 474.216, Florida Statutes, is amended

3663 to read:

3664 474.216 License and premises permit to be displayed.—Each

3665 person to whom a license or premises permit is issued shall keep

3666 such document conspicuously displayed in her or his office,

3667 place of business, or place of employment, whether a permanent

3668 or mobile veterinary establishment or clinic, and shall,

3669 whenever required, exhibit said document to any member or

3670 authorized representative of the department ~~board.~~

3671 Section 124. Subsections (6), (8), (10), and (11) of

3672 section 474.2165, Florida Statutes, are amended to read:

3673 474.2165 Ownership and control of veterinary medical

3674 patient records; report or copies of records to be furnished.—

3675 (6) The department may obtain patient records pursuant to

3676 a subpoena without written authorization from the client if the

3677 department finds ~~and the probable cause panel of the board find~~

3678 reasonable cause to believe that a veterinarian has excessively

3679 or inappropriately prescribed any controlled substance specified

3680 in chapter 893 in violation of this chapter or that a

3681 veterinarian has practiced his or her profession below that

3682 level of care, skill, and treatment required as defined by this

3683 chapter.

3684 (8) Notwithstanding ~~the provisions of~~ s. 455.242, records

3685 owners shall notify the department ~~board office~~ when they are

3686 terminating practice, retiring, or relocating and are no longer

3687 available to patients, specifying who the new records owner is

3688 and where the medical records can be found.

3689 (10) Veterinarians in violation of ~~the provisions of~~ this

3690 section shall be disciplined by the department ~~board.~~

3691 (11) A records owner furnishing copies of reports or

3692 records pursuant to this section shall charge no more than the

3693 actual cost of copying, including reasonable staff time, or the

3694 amount specified in administrative rule by the department ~~board.~~

3695 Section 125. Subsection (1) of section 474.217, Florida

3696 Statutes, is amended to read:

3697 474.217 Licensure by endorsement.—

3698 (1) The department shall issue a license by endorsement to

3699 any applicant who, upon applying to the department and remitting

3700 a fee set by the department ~~board,~~ demonstrates to the

3701 department ~~board~~ that she or he:

3702 (a) Has demonstrated, in a manner designated by rule of

3703 the department ~~board,~~ knowledge of the laws and rules governing

3704 the practice of veterinary medicine in this state; and

3705 (b)1. Holds, and has held for the 3 years immediately

3706 preceding the application for licensure, a valid, active license

3707 to practice veterinary medicine in another state of the United

3708 States, the District of Columbia, or a territory of the United

3709 States, provided that the applicant has successfully completed a

3710 state, regional, national, or other examination that is

3711 equivalent to or more stringent than the examination required by

3712 the department ~~board;~~ or

3713 2. Meets the qualifications of s. 474.207(2)(b) and has

3714 successfully completed a state, regional, national, or other

3715 examination which is equivalent to or more stringent than the

3716 examination given by the department and has passed the

3717 department's ~~board's~~ clinical competency examination or another

3718 clinical competency examination specified by rule of the

3719 department ~~board.~~

3720 Section 126. Section 474.221, Florida Statutes, is amended

3721 to read:

3722 474.221 Impaired practitioner provisions; applicability.—

3723 Notwithstanding the transfer of the Division of Medical Quality

3724 Assurance to the Department of Health or any other provision of

3725 law to the contrary, veterinarians licensed under this chapter

3726 shall be governed by the impaired practitioner program

3727 provisions of s. 456.076 as if they were under the jurisdiction

3728 of the Division of Medical Quality Assurance, except that for

3729 veterinarians the Department of Business and Professional

3730 Regulation shall, at its option, exercise any of the powers

3731 granted to the Department of Health by that section, ~~and "board"~~

3732 ~~shall mean board as defined in this chapter.~~

3733 Section 127. Subsection (6) of section 475.451, Florida

3734 Statutes, is amended to read:

3735 475.451 Schools teaching real estate practice.—

3736 (6) Any course prescribed by the commission as a condition

3737 precedent to a person's becoming initially licensed as a sales

3738 associate or broker may be taught by a real estate school in a

3739 classroom or via distance learning pursuant to s. 475.17(2) by a

3740 currently permitted instructor from any such school. All other

3741 prescribed courses, ~~except the continuing education course~~

3742 ~~required by s. 475.182,~~ shall be taught by a currently permitted

3743 school instructor personally in attendance at such course or by

3744 distance learning pursuant to s. 475.17. ~~The continuing~~

3745 ~~education course required by s. 475.182 may be taught by~~

3746 ~~distance learning pursuant to s. 475.17 or by an equivalent~~

3747 ~~correspondence course; however, any such correspondence course~~

3748 ~~shall be required to have a final examination, prepared and~~

3749 ~~administered by the school or course provider issuing the~~

3750 ~~correspondence course.~~ The continuing education requirements

3751 provided in this chapter do not apply to an attorney who is

3752 otherwise qualified under this chapter and who is a member in

3753 good standing of The Florida Bar.

3754 Section 128. Subsection (4) of section 476.034, Florida Statutes, is amended to read:

3756 476.034 Definitions.—As used in this act:

3757 ~~(4) "Board" means the Barbers' Board.~~

3758 Section 129. Subsection (2) of section 476.074, Florida

3759 Statutes, is amended to read:

3760 476.074 Legal, investigative, and inspection services.—

3761 (2) The department shall provide all investigative

3762 services required by the ~~board or the~~ department in carrying out

3763 ~~the provisions of~~ this act.

3764 Section 130. Paragraph (c) of subsection (2) and subsection (3) of section 476.114, Florida Statutes, are amended

3766 to read:

3767 476.114 Examination; prerequisites.—

3768 (2) An applicant is eligible for licensure by examination

3769 to practice barbering if the applicant:

3770 (c) Has received a minimum of 900 hours of training in

3771 sanitation, safety, and laws and rules, as established by the

3772 department ~~board,~~ which must include, but is not limited to, the

3773 equivalent of completion of services directly related to the

3774 practice of barbering at one of the following:

3775 1. A school of barbering licensed pursuant to chapter

3776 1005;

3777 2. A barbering program within the public school system; or

3778 3. A government-operated barbering program in this state.

3780 The department ~~board~~ shall establish by rule procedures whereby

3781 the school or program may certify that a person is qualified to

3782 take the required examination after the completion of a minimum

3783 of 600 actual school hours. If the person passes the

3784 examination, she or he has satisfied this requirement,; but if

3785 the person fails the examination, she or he may not be qualified

3786 to take the examination again until the completion of the full

3787 requirements provided by this section.

3788 (3) An applicant who meets the requirements set forth in

3789 paragraph (2)(c) who fails to pass the examination may take

3790 subsequent examinations as many times as necessary to pass,

3791 except that the department ~~board~~ may specify by rule reasonable

3792 timeframes for rescheduling the examination and additional

3793 training requirements for applicants who, after the third

3794 attempt, fail to pass the examination. Before ~~Prior to~~

3795 reexamination, the applicant must file the appropriate form and

3796 pay the reexamination fee as required by rule.

3797 Section 131. Subsections (1) and (2) of section 476.134,

3798 Florida Statutes, are amended to read:

3799 476.134 Examinations.—

3800 (1) Examinations of applicants for licenses as barbers

3801 shall be offered not less than four times each year. The

3802 examination of applicants for licenses as barbers shall include

3803 a written test. The department may ~~board shall have the~~

3804 ~~authority to~~ adopt rules with respect to the examination of

3805 applicants for licensure. The department ~~board~~ may provide rules

3806 with respect to written examinations in such manner as the

3807 department ~~board~~ may deem fit.

3808 (2) The department ~~board~~ shall adopt rules specifying the

3809 areas of competency to be covered by the examination. Such rules

3810 shall include the relative weight assigned in grading each area.

3811 All areas tested shall be reasonably related to the protection

3812 of the public and the applicant's competency to practice

3813 barbering in a manner which will not endanger the public.

3814 Section 132. Subsections (1), (2), (5), and (6) of section 476.144, Florida Statutes, are amended to read:

3816 476.144 Licensure.—

3817 (1) The department shall license any applicant who the

3818 department ~~board~~ certifies is qualified to practice barbering in

3819 this state.

3820 (2) The department ~~board~~ shall certify for licensure any

3821 applicant who satisfies the requirements of s. 476.114, and who

3822 passes the required examination, achieving a passing grade as

3823 established by department ~~board~~ rule.

3824 (5) The department ~~board~~ shall certify as qualified for

3825 licensure by endorsement as a barber in this state an applicant

3826 who holds a current active license to practice barbering in

3827 another state. The department ~~board~~ shall adopt rules specifying

3828 procedures for the licensure by endorsement of practitioners

3829 desiring to be licensed in this state who hold a current active

3830 license in another country and who have met qualifications

3831 substantially similar to, equivalent to, or greater than the

3832 qualifications required of applicants from this state.

3833 (6) A person may apply for a restricted license to

3834 practice barbering. The department ~~board~~ shall adopt rules

3835 specifying procedures for an applicant to obtain a restricted

3836 license if the applicant:

3837 (a)1. Has successfully completed a restricted barber

3838 course, as established by rule of the department ~~board,~~ at a

3839 school of barbering licensed pursuant to chapter 1005, a

3840 barbering program within the public school system, or a

3841 government-operated barbering program in this state; or

3842 2.a. Holds or has within the previous 5 years held an

3843 active valid license to practice barbering in another state or

3844 country or has held a Florida barbering license which has been

3845 declared null and void for failure to renew the license, and the

3846 applicant fulfilled the requirements of s. 476.114(2)(c) for

3847 initial licensure; and

3848 b. Has not been disciplined relating to the practice of

3849 barbering in the previous 5 years; and

3850 (b) Passes a written examination on the laws and rules

3851 governing the practice of barbering in Florida, as established

3852 by the department ~~board.~~

3854 The restricted license shall limit the licensee's practice to

3855 those specific areas in which the applicant has demonstrated

3856 competence pursuant to rules adopted by the department ~~board.~~

3857 Section 133. Section 476.154, Florida Statutes, is amended

3858 to read:

3859 476.154 ~~Biennial~~ Renewal of licenses.—

3860 (1) Each licensed barber who continues in active practice

3861 or service shall renew her or his license every 4 years

3862 ~~biennially~~ and pay the required fee.

3863 (2) Any license or certificate of registration issued

3864 pursuant to this act for a period less than the established

3865 ~~biennial~~ issuance period may be issued for that lesser period of

3866 time, and the department shall adjust the required fee

3867 accordingly. The department ~~board~~ shall adopt rules providing

3868 for such partial period fee adjustments.

3869 (3)(a) The department shall renew a license upon receipt

3870 of the renewal application and fee.

3871 (b) The department shall adopt rules establishing a

3872 procedure for the ~~biennial~~ renewal of licenses.

3873 Section 134. Subsection (2) of section 476.155, Florida

3874 Statutes, is amended to read:

3875 476.155 Inactive status; reactivation of inactive

3876 license.—

3877 (2) The department ~~board~~ shall adopt ~~promulgate~~ rules

3878 relating to licenses which have become inactive and for the

3879 renewal of inactive licenses. The department ~~board~~ shall

3880 prescribe by rule a fee not to exceed $100 for the reactivation

3881 of an inactive license and a fee not to exceed $50 for the

3882 renewal of an inactive license.

3883 Section 135. Subsection (1) of section 476.192, Florida

3884 Statutes, is amended to read:

3885 476.192 Fees; disposition.—

3886 (1) The department ~~board~~ shall set by rule fees according

3887 to the following schedule:

3888 (a) For barbers, fees for original licensing, license

3889 renewal, and delinquent renewal may ~~shall~~ not exceed $100.

3890 (b) For barbers, fees for endorsement application,

3891 examination, and reexamination may ~~shall~~ not exceed $150.

3892 (c) For barbershops, fees for license application,

3893 original licensing, license renewal, and delinquent renewal may

3894 ~~shall~~ not exceed $150.

3895 (d) For duplicate licenses and certificates, fees may

3896 ~~shall~~ not exceed $25.

3897 Section 136. Paragraph (i) of subsection (1) and

3898 subsection (2) of section 476.204, Florida Statutes, are amended

3899 to read:

3900 476.204 Penalties.—

3901 (1) It is unlawful for any person to:

3902 (i) Violate or refuse to comply with any provision of this

3903 chapter or chapter 455 or a rule or final order of the

3904 department ~~board.~~

3905 (2) Any person who violates any provision of this section

3906 shall be subject to one or more of the following penalties, as

3907 determined by the department ~~board:~~

3908 (a) Revocation or suspension of any license or

3909 registration issued pursuant to this chapter.

3910 (b) Issuance of a reprimand or censure.

3911 (c) Imposition of an administrative fine not to exceed

3912 $500 for each count or separate offense.

3913 (d) Placement on probation for a period of time and

3914 subject to such reasonable conditions as the department ~~board~~

3915 may specify.

3916 (e) Refusal to certify ~~to the department~~ an applicant for

3917 licensure.

3918 Section 137. Section 476.214, Florida Statutes, is amended

3919 to read:

3920 476.214 Grounds for suspending, revoking, or refusing to

3921 grant license or certificate.—

3922 (1) The department may ~~board shall have the power to~~

3923 revoke or suspend any license, registration card, or certificate

3924 of registration issued pursuant to this act, or to reprimand,

3925 censure, deny subsequent licensure of, or otherwise discipline

3926 any holder of a license, registration card, or certificate of

3927 registration issued pursuant to this act, for any of the

3928 following causes:

3929 (a) Gross malpractice or gross incompetency in the

3930 practice of barbering;

3931 (b) Practice by a person knowingly having an infectious or

3932 contagious disease; or

3933 (c) Commission of any of the offenses described in s.

3934 476.194.

3935 (2) The department ~~board~~ shall keep a record of its

3936 disciplinary proceedings against holders of licenses or

3937 certificates of registration issued pursuant to this act.

3938 (3) The department may ~~shall~~ not issue or renew a license

3939 or certificate of registration under this chapter to any person

3940 against whom or barbershop against which the department ~~board~~

3941 has assessed a fine, interest, or costs associated with

3942 investigation and prosecution until the person or barbershop has

3943 paid in full such fine, interest, or costs associated with

3944 investigation and prosecution or until the person or barbershop

3945 complies with or satisfies all terms and conditions of the final

3946 order.

3947 Section 138. Section 476.234, Florida Statutes, is amended

3948 to read:

3949 476.234 Civil proceedings.—In addition to any other

3950 remedy, the department may file a proceeding in the name of the

3951 state seeking issuance of a restraining order, injunction, or

3952 writ of mandamus against any person who is or has been violating

3953 any of the provisions of this act or the lawful rules or orders

3954 of the ~~board,~~ commission, or department. Section 139. Subsections (2) through (13) of section

3956 477.013, Florida Statutes, are renumbered as subsections (1)

3957 through (12), respectively, and present subsections (1) and (8)

3958 of that section are amended to read:

3959 477.013 Definitions.—As used in this chapter:

3960 ~~(1) "Board" means the Board of Cosmetology.~~

3961 (7)(8) "Specialty salon" means any place of business

3962 wherein the practice of one or all of the specialties as defined

3963 in subsection (5) ~~(6)~~ are engaged in or carried on.

3964 Section 140. Subsections (7), (8), and (9) of section 477.0135, Florida Statutes, are amended to read:

3966 477.0135 Exemptions.—

3967 (7) A license or registration is not required for a person

3968 whose occupation or practice is confined solely to hair braiding

3969 as defined in s. 477.013(8) ~~s. 477.013(9).~~

3970 (8) A license or registration is not required for a person

3971 whose occupation or practice is confined solely to hair wrapping

3972 as defined in s. 477.013(9) ~~s. 477.013(10).~~

3973 (9) A license or registration is not required for a person

3974 whose occupation or practice is confined solely to body wrapping

3975 as defined in s. 477.013(11) ~~s. 477.013(12).~~

3976 Section 141. Section 477.016, Florida Statutes, is amended

3977 to read:

3978 477.016 Rulemaking.—

3979 (1) The department ~~board~~ may adopt rules ~~pursuant to ss.~~

3980 ~~120.536(1) and 120.54~~ to implement the provisions of this

3981 chapter conferring duties upon it.

3982 (2) The department ~~board~~ may by rule adopt any restriction

3983 established by a regulation of the United States Food and Drug

3984 Administration related to the use of a cosmetic product or any

3985 substance used in the practice of cosmetology if the department

3986 ~~board~~ finds that the product or substance poses a risk to the

3987 health, safety, and welfare of clients or persons providing

3988 cosmetology services.

3989 Section 142. Section 477.018, Florida Statutes, is amended to read:

3991 477.018 Investigative services.—The department shall

3992 provide all investigative services required by the ~~board or the~~

3993 department in carrying out ~~the provisions of~~ this act.

3994 Section 143. Subsections (2), (3), (5), (6), and (7) of

3995 section 477.019, Florida Statutes, are amended to read:

3996 477.019 Cosmetologists; qualifications; licensure;

3997 supervised practice; license renewal; endorsement; ~~continuing~~

3998 ~~education.—~~

3999 (2) An applicant is eligible for licensure by examination

4000 to practice cosmetology if the applicant:

4001 (a) Is at least 16 years of age or has received a high

4002 school diploma;

4003 (b) Pays the required application fee, which is not

4004 refundable, and the required examination fee, which is

4005 refundable if the applicant is determined to not be eligible for

4006 licensure for any reason other than failure to successfully

4007 complete the licensure examination; and

4008 (c) Has received a minimum of 1,200 hours of training as

4009 established by the department ~~board,~~ which must include, but is

4010 not limited to, the equivalent of completion of services

4011 directly related to the practice of cosmetology at one of the

4012 following:

4013 1. A school of cosmetology licensed pursuant to chapter

4014 1005.

4015 2. A cosmetology program within the public school system.

4016 3. The Cosmetology Division of the Florida School for the

4017 Deaf and the Blind, provided the division meets the standards of

4018 this chapter.

4019 4. A government-operated cosmetology program in this

4020 state.

4022 The department ~~board~~ shall establish by rule procedures whereby

4023 the school or program may certify that a person is qualified to

4024 take the required examination after the completion of a minimum

4025 of 1,000 actual school hours. If the person then passes the

4026 examination, he or she has satisfied this requirement,; but if

4027 the person fails the examination, he or she may not be qualified

4028 to take the examination again until the completion of the full

4029 requirements provided by this section.

4030 (3) Upon an applicant receiving a passing grade, as

4031 established by department ~~board~~ rule, on the examination and

4032 paying the initial licensing fee, the department shall issue a

4033 license to practice cosmetology.

4034 (5) Renewal of license registration shall be accomplished

4035 pursuant to rules adopted by the department ~~board.~~

4036 (6) The department ~~board~~ shall certify as qualified for

4037 licensure by endorsement as a cosmetologist in this state an

4038 applicant who holds a current active license to practice

4039 cosmetology in another state.

4040 ~~(7)(a) The board shall prescribe by rule continuing~~

4041 ~~education requirements intended to ensure protection of the~~

4042 ~~public through updated training of licensees and registered~~

4043 ~~specialists, not to exceed 10 hours biennially, as a condition~~

4044 ~~for renewal of a license or registration as a specialist under~~

4045 ~~this chapter. Continuing education courses shall include, but~~

4046 ~~not be limited to, the following subjects as they relate to the~~

4047 ~~practice of cosmetology: human immunodeficiency virus and~~

4048 ~~acquired immune deficiency syndrome; Occupational Safety and~~

4049 ~~Health Administration regulations; workers' compensation issues;~~

4050 ~~state and federal laws and rules as they pertain to~~

4051 ~~cosmetologists, cosmetology, salons, specialists, specialty~~

4052 ~~salons, and booth renters; chemical makeup as it pertains to~~

4053 ~~hair, skin, and nails; and environmental issues. Courses given~~

4054 ~~at cosmetology conferences may be counted toward the number of~~

4055 ~~continuing education hours required if approved by the board.~~

4056 ~~(b) The board may, by rule, require any licensee in~~

4057 ~~violation of a continuing education requirement to take a~~

4058 ~~refresher course or refresher course and examination in addition~~

4059 ~~to any other penalty. The number of hours for the refresher~~

4060 ~~course may not exceed 48 hours.~~

4061 Section 144. Paragraphs (b) and (c) of subsection (1) and

4062 subsections (4) and (5) of section 477.0201, Florida Statutes,

4063 are amended to read:

4064 477.0201 Specialty registration; qualifications;

4065 registration renewal; endorsement.—

4066 (1) Any person is qualified for registration as a

4067 specialist in any specialty practice within the practice of

4068 cosmetology under this chapter who:

4069 (b) Has received a certificate of completion for:

4070 1. One hundred and eighty hours of training, as

4071 established by the department ~~board,~~ which shall focus primarily

4072 on sanitation and safety, to practice specialties as defined in

4073 s. 477.013(5)(a) and (b) ~~s. 477.013(6)(a) and (b);~~

4074 2. Two hundred and twenty hours of training, as

4075 established by the department ~~board,~~ which shall focus primarily

4076 on sanitation and safety, to practice the specialty as defined

4077 in s. 477.013(5)(c) ~~s. 477.013(6)(c);~~ or

4078 3. Four hundred hours of training or the number of hours

4079 of training required to maintain minimum Pell Grant

4080 requirements, as established by the department ~~board,~~ which

4081 shall focus primarily on sanitation and safety, to practice the

4082 specialties as defined in s. 477.013(5)(a)-(c) ~~s. 477.013(6)(a)-~~

4083 ~~(c).~~

4084 (c) The certificate of completion specified in paragraph

4085 (b) must be from one of the following:

4086 1. A school licensed pursuant to s. 477.023.

4087 2. A school licensed pursuant to chapter 1005 or the

4088 equivalent licensing authority of another state.

4089 3. A specialty program within the public school system.

4090 4. A specialty division within the Cosmetology Division of

4091 the Florida School for the Deaf and the Blind, provided the

4092 training programs comply with minimum curriculum requirements

4093 established by the department ~~board.~~

4094 (4) Renewal of registration shall be accomplished pursuant

4095 to rules adopted by the department ~~board.~~

4096 (5) The department ~~board~~ shall adopt rules specifying

4097 procedures for the registration of specialty practitioners

4098 desiring to be registered in this state who have been registered

4099 or licensed and are practicing in states which have registering

4100 or licensing standards substantially similar to, equivalent to,

4101 or more stringent than the standards of this state.

4102 Section 145. Subsection (2) of section 477.0212, Florida

4103 Statutes, is amended to read:

4104 477.0212 Inactive status.—

4105 (2) The department ~~board~~ shall adopt rules relating to

4106 licenses that become inactive and for the renewal of inactive

4107 licenses. ~~The rules may not require more than one renewal cycle~~

4108 ~~of continuing education to reactivate a license.~~ The department

4109 ~~board~~ shall prescribe by rule a fee not to exceed $50 for the

4110 reactivation of an inactive license and a fee not to exceed $50

4111 for the renewal of an inactive license.

4112 Section 146. Subsections (1) and (2) of section 477.022,

4113 Florida Statutes, are amended to read:

4114 477.022 Examinations.—

4115 (1) The department ~~board~~ shall ensure that examinations

4116 adequately measure both an applicant's competency and her or his

4117 knowledge of related statutory requirements. Professional

4118 testing services may be utilized to formulate the examinations.

4119 The department ~~board~~ may offer a written clinical examination or

4120 a performance examination, or both, in addition to a written

4121 theory examination.

4122 (2) The department ~~board~~ shall ensure that examinations

4123 comply with state and federal equal employment opportunity

4124 guidelines.

4125 Section 147. Subsections (2), (8), (9), and (10) of

4126 section 477.025, Florida Statutes, are amended to read:

4127 477.025 Cosmetology salons; specialty salons; requisites;

4128 licensure; inspection; mobile cosmetology salons.—

4129 (2) The department ~~board~~ shall adopt rules governing the

4130 licensure and operation of salons and specialty salons and their

4131 facilities, personnel, safety and sanitary requirements, and the

4132 license application and granting process.

4133 (8) Renewal of license registration for cosmetology salons

4134 or specialty salons shall be accomplished pursuant to rules

4135 adopted by the department ~~board.~~ The department ~~board~~ is further

4136 authorized to adopt rules governing delinquent renewal of

4137 licenses and may impose penalty fees for delinquent renewal.

4138 (9) The department may ~~board is authorized to~~ adopt rules

4139 governing the periodic inspection of cosmetology salons and

4140 specialty salons licensed under this chapter.

4141 (10)(a) The department ~~board~~ shall adopt rules governing

4142 the licensure, operation, and inspection of mobile cosmetology

4143 salons, including their facilities, personnel, and safety and

4144 sanitary requirements.

4145 (b) Each mobile salon must comply with all licensure and

4146 operating requirements specified in this chapter or chapter 455

4147 or rules of the ~~board or~~ department that apply to cosmetology

4148 salons at fixed locations, except to the extent that such

4149 requirements conflict with this subsection or rules adopted

4150 pursuant to this subsection.

4151 (c) A mobile cosmetology salon must maintain a permanent

4152 business address, located in the inspection area of the local

4153 department office, at which records of appointments,

4154 itineraries, license numbers of employees, and vehicle

4155 identification numbers of the licenseholder's mobile salon shall

4156 be kept and made available for verification purposes by

4157 department personnel, and at which correspondence from the

4158 department can be received.

4159 (d) To facilitate periodic inspections of mobile

4160 cosmetology salons, before ~~prior to~~ the beginning of each month

4161 each mobile salon licenseholder must file with the department

4162 ~~board~~ a written monthly itinerary listing the locations where

4163 and the dates and hours when the mobile salon will be operating.

4164 (e) The department ~~board~~ shall establish fees for mobile

4165 cosmetology salons, not to exceed the fees for cosmetology

4166 salons at fixed locations.

4167 (f) The operation of mobile cosmetology salons must be in

4168 compliance with all local laws and ordinances regulating

4169 business establishments, with all applicable requirements of the

4170 Americans with Disabilities Act relating to accommodations for

4171 persons with disabilities, and with all applicable OSHA

4172 requirements.

4173 Section 148. Section 477.026, Florida Statutes, is amended

4174 to read:

4175 477.026 Fees; disposition.—

4176 (1) The department ~~board~~ shall set fees according to the

4177 following schedule:

4178 (a) For cosmetologists, fees for original licensing,

4179 license renewal, and delinquent renewal may ~~shall~~ not exceed

4180 $50.

4181 (b) For cosmetologists, fees for endorsement application,

4182 examination, and reexamination may ~~shall~~ not exceed $50.

4183 (c) For cosmetology and specialty salons, fees for license

4184 application, original licensing, license renewal, and delinquent

4185 renewal may ~~shall~~ not exceed $50.

4186 (d) For specialists, fees for application and endorsement

4187 registration may ~~shall~~ not exceed $30.

4188 (e) For specialists, fees for initial registration,

4189 registration renewal, and delinquent renewal may ~~shall~~ not

4190 exceed $50.

4191 (2) All moneys collected by the department from fees

4192 authorized by this chapter shall be paid into the Professional

4193 Regulation Trust Fund, which fund is created in the department,

4194 and shall be applied in accordance with ss. 215.37 and 455.219.

4195 The Legislature may appropriate any excess moneys from this fund

4196 to the General Revenue Fund.

4197 (3) The department, ~~with the advice of the board,~~ shall

4198 prepare and submit a proposed budget in accordance with law.

4199 Section 149. Subsections (2) and (4) of section 477.0263,

4200 Florida Statutes, are amended to read:

4201 477.0263 Cosmetology services to be performed in licensed

4202 salon; exceptions.—

4203 (2) Pursuant to rules established by the department ~~board,~~

4204 cosmetology services may be performed by a licensed

4205 cosmetologist in a location other than a licensed salon,

4206 including, but not limited to, a nursing home, hospital, or

4207 residence, when a client for reasons of ill health is unable to

4208 go to a licensed salon. Arrangements for the performance of such

4209 cosmetology services in a location other than a licensed salon

4210 shall be made only through a licensed salon.

4211 (4) Pursuant to rules adopted by the department ~~board,~~ any

4212 cosmetology or specialty service may be performed in a location

4213 other than a licensed salon when the service is performed in

4214 connection with a special event and is performed by a person who

4215 holds the proper license or specialty registration.

4216 Section 150. Section 477.028, Florida Statutes, is amended

4217 to read:

4218 477.028 Disciplinary proceedings.—

4219 (1) The department may ~~board shall have the power to~~

4220 revoke or suspend the license of a cosmetologist licensed under

4221 this chapter, or the registration of a specialist registered

4222 under this chapter, and to reprimand, censure, deny subsequent

4223 licensure or registration of, or otherwise discipline a

4224 cosmetologist or a specialist licensed or registered under this

4225 chapter in any of the following cases:

4226 (a) Upon proof that a license or registration has been

4227 obtained by fraud or misrepresentation.

4228 (b) Upon proof that the holder of a license or

4229 registration is guilty of fraud or deceit or of gross

4230 negligence, incompetency, or misconduct in the practice or

4231 instruction of cosmetology or a specialty.

4232 (c) Upon proof that the holder of a license or

4233 registration is guilty of aiding, assisting, procuring, or

4234 advising any unlicensed person to practice as a cosmetologist.

4235 (2) The department may ~~board shall have the power to~~

4236 revoke or suspend the license of a cosmetology salon or a

4237 specialty salon licensed under this chapter, to deny subsequent

4238 licensure of such salon, or to reprimand, censure, or otherwise

4239 discipline the owner of such salon in either of the following

4240 cases:

4241 (a) Upon proof that a license has been obtained by fraud

4242 or misrepresentation.

4243 (b) Upon proof that the holder of a license is guilty of

4244 fraud or deceit or of gross negligence, incompetency, or

4245 misconduct in the operation of the salon so licensed.

4246 (3) Disciplinary proceedings shall be conducted pursuant

4247 to ~~the provisions of~~ chapter 120.

4248 (4) The department may ~~shall~~ not issue or renew a license

4249 or certificate of registration under this chapter to any person

4250 against whom or salon against which the department ~~board~~ has

4251 assessed a fine, interest, or costs associated with

4252 investigation and prosecution until the person or salon has paid

4253 in full such fine, interest, or costs associated with

4254 investigation and prosecution or until the person or salon

4255 complies with or satisfies all terms and conditions of the final

4256 order.

4257 Section 151. Paragraph (i) of subsection (1) and

4258 subsection (2) of section 477.029, Florida Statutes, are amended

4259 to read:

4260 477.029 Penalty.—

4261 (1) It is unlawful for any person to:

4262 (i) Violate or refuse to comply with any provision of this

4263 chapter or chapter 455 or a rule or final order of the ~~board or~~

4264 ~~the~~ department.

4265 (2) Any person who violates the provisions of this section

4266 shall be subject to one or more of the following penalties, as

4267 determined by the department ~~board:~~

4268 (a) Revocation or suspension of any license or

4269 registration issued pursuant to this chapter.

4270 (b) Issuance of a reprimand or censure.

4271 (c) Imposition of an administrative fine not to exceed

4272 $500 for each count or separate offense.

4273 (d) Placement on probation for a period of time and

4274 subject to such reasonable conditions as the department ~~board~~

4275 may specify.

4276 (e) Refusal to certify ~~to the department~~ an applicant for

4277 licensure.

4278 Section 152. Subsections (4) through (16) of section

4279 481.203, Florida Statutes, are renumbered as subsections (3) through (15), respectively, and subsection (3) and present

4281 subsection (8) of that section are amended to read:

4282 481.203 Definitions.—As used in this part, the term:

4283 ~~(3) "Board" means the Board of Architecture and Interior~~

4284 ~~Design.~~

4285 (7)(8) "Diversified interior design experience" means

4286 experience which substantially encompasses the various elements

4287 of interior design services set forth under the definition of

4288 "interior design" in subsection (9) ~~(10).~~

4289 Section 153. Section 481.207, Florida Statutes, is amended to read:

4291 481.207 Fees.—The department ~~board,~~ by rule, may establish

4292 fees for architects and registered interior designers, to be

4293 paid for applications, examination, reexamination, licensing and

4294 renewal, delinquency, reinstatement, and recordmaking and

4295 recordkeeping. The examination fee shall be in an amount that

4296 covers the cost of obtaining and administering the examination

4297 and shall be refunded if the applicant is found ineligible to

4298 sit for the examination. The application fee is nonrefundable.

4299 The fee for initial application and examination for architects

4300 may not exceed $775 plus the actual per applicant cost to the

4301 department for purchase of the examination from the National

4302 Council of Architectural Registration Boards or similar national

4303 organizations. The initial nonrefundable fee for registered

4304 interior designers may not exceed $75. The ~~biennial~~ renewal fee

4305 for architects may not exceed $200. The ~~biennial~~ renewal fee for

4306 registered interior designers may not exceed $75. The

4307 delinquency fee may not exceed the ~~biennial~~ renewal fee

4308 established by the department ~~board~~ for an active license. The

4309 department ~~board~~ shall establish fees that are adequate to

4310 ensure the continued operation of the department ~~board~~ and to

4311 fund the proportionate expenses incurred by the department which

4312 are allocated to the regulation of architects and registered

4313 interior designers. Fees shall be based on department estimates

4314 of the revenue required to implement this part and the

4315 provisions of law with respect to the regulation of architects

4316 and interior designers.

4317 Section 154. Subsection (1) of section 481.209, Florida

4318 Statutes, is amended to read:

4319 481.209 Examinations.—

4320 (1) A person desiring to be licensed as a registered

4321 architect by initial examination shall apply to the department,

4322 complete the application form, and remit a nonrefundable

4323 application fee. The department shall license any applicant who

4324 the department ~~board~~ certifies has passed the licensure

4325 examination prescribed by department ~~board~~ rule and is a

4326 graduate of a school or college of architecture with a program

4327 accredited by the National Architectural Accreditation Board.

4328 Section 155. Section 481.211, Florida Statutes, is amended

4329 to read:

4330 481.211 Architecture internship required.—An applicant for

4331 licensure as a registered architect shall complete, before

4332 licensure, an internship of diversified architectural experience

4333 approved by the department ~~board,~~ which meets the requirements

4334 set forth by rule.

4335 Section 156. Section 481.215, Florida Statutes, is amended

4336 to read:

4337 481.215 Renewal of license or certificate of

4338 registration.—

4339 (1) ~~Subject to the requirement of subsection (3),~~ The

4340 department shall renew a license or certificate of registration

4341 upon receipt of the renewal application and renewal fee.

4342 (2) The department shall adopt rules establishing a

4343 procedure for the ~~biennial~~ renewal of licenses and certificates

4344 of registration every 4 years.

4345 ~~(3) A license or certificate of registration renewal may~~

4346 ~~not be issued to an architect or a registered interior designer~~

4347 ~~by the department until the licensee or registrant submits proof~~

4348 ~~satisfactory to the department that, during the 2 years before~~

4349 ~~application for renewal, the licensee or registrant participated~~

4350 ~~per biennium in not less than 20 hours of at least 50 minutes~~

4351 ~~each per biennium of continuing education approved by the board.~~

4352 ~~The board shall approve only continuing education that builds~~

4353 ~~upon the basic knowledge of architecture or interior design. The~~

4354 ~~board may make exception from the requirements of continuing~~

4355 ~~education in emergency or hardship cases.~~

4356 ~~(4) The board shall by rule establish criteria for the~~

4357 ~~approval of continuing education courses and providers and shall~~

4358 ~~by rule establish criteria for accepting alternative~~

4359 ~~nonclassroom continuing education on an hour-for-hour basis.~~

4360 ~~(5) For a license or certificate of registration, the~~

4361 ~~board shall require, by rule adopted pursuant to ss. 120.536(1)~~

4362 ~~and 120.54, 2 hours in specialized or advanced courses on any~~

4363 ~~portion of the Florida Building Code, adopted pursuant to part~~

4364 ~~IV of chapter 553, relating to the licensee's respective area of~~

4365 ~~practice. Such hours count toward the continuing education hours~~

4366 ~~required under subsection (3). A licensee may complete the~~

4367 ~~courses required under this subsection online.~~

4368 Section 157. Section 481.217, Florida Statutes, is amended

4369 to read:

4370 481.217 Inactive status.—

4371 ~~(1) The board may prescribe by rule continuing education~~

4372 ~~requirements as a condition of reactivating a license. The rules~~

4373 ~~may not require more than one renewal cycle of continuing~~

4374 ~~education to reactivate a license or registration for a~~

4375 ~~registered architect or registered interior designer.~~

4376 ~~(2)~~ The department ~~board~~ shall adopt rules relating to

4377 application procedures for inactive status and for the

4378 reactivation of inactive licenses and registrations.

4379 Section 158. Subsection (2), paragraph (b) of subsection (3), and subsection (5) of section 481.219, Florida Statutes,

4381 are amended to read:

4382 481.219 Qualification of business organizations.—

4383 (2) If a licensee or an applicant proposes to engage in

4384 the practice of architecture as a business organization, the

4385 licensee or applicant shall qualify the business organization

4386 upon approval of the department ~~board.~~

4387 (3)

4388 (b) In the event a qualifying agent ceases employment with

4389 a qualified business organization, the department ~~executive~~

4390 ~~director or the chair of the board~~ may authorize another

4391 registered architect employed by the business organization to

4392 temporarily serve as its qualifying agent for a period of no

4393 more than 60 days. The business organization may is not

4394 ~~authorized to~~ operate beyond such period under this chapter

4395 absent replacement of the qualifying agent who has ceased

4396 employment.

4397 (5) The department ~~board~~ shall allow a licensee or an

4398 applicant to qualify one or more business organizations to offer

4399 architectural services, or to use a fictitious name to offer

4400 such services, if one or more of the principal officers of the

4401 corporation or limited liability company, or one or more

4402 partners of the partnership, and all personnel of the

4403 corporation, limited liability company, or partnership who act

4404 in its behalf in this state as architects, are registered as

4405 provided by this part.

4406 Section 159. Subsections (1), (2), (6), (11), and (12) of

4407 section 481.221, Florida Statutes, are amended to read:

4408 481.221 Seals; display of certificate number.—

4409 (1) The department ~~board~~ shall prescribe, by rule, one or

4410 more forms of seals to be used by registered architects holding

4411 valid certificates of registration.

4412 (2) Each registered architect shall obtain one seal in a

4413 form approved by rule of the department ~~board~~ and may, in

4414 addition, register her or his seal electronically in accordance

4415 with ss. 668.001-668.006. All final construction documents and

4416 instruments of service which include drawings, plans,

4417 specifications, or reports prepared or issued by the registered

4418 architect and being filed for public record shall bear the

4419 signature and seal of the registered architect who prepared or

4420 approved the document and the date on which they were sealed.

4421 The signature, date, and seal shall be evidence of the

4422 authenticity of that to which they are affixed. Final plans,

4423 specifications, or reports prepared or issued by a registered

4424 architect may be transmitted electronically and may be signed by

4425 the registered architect, dated, and sealed electronically with

4426 the seal in accordance with ss. 668.001-668.006.

4427 (6) A No registered architect may not ~~shall~~ affix her or

4428 his signature or seal to any final construction document or

4429 instrument of service which includes drawings, plans,

4430 specifications, or architectural documents which were not

4431 prepared by her or him or under her or his responsible

4432 supervising control or by another registered architect and

4433 reviewed, approved, or modified and adopted by her or him as her

4434 or his own work according to rules adopted by the department

4435 ~~board.~~

4436 (11) When the certificate of registration of a registered

4437 architect or interior designer has been revoked or suspended by

4438 the department ~~board,~~ the registered architect or interior

4439 designer shall surrender her or his seal to the secretary of the

4440 department ~~board~~ within ~~a period of~~ 30 days after the revocation

4441 or suspension has become effective. If the certificate of the

4442 registered architect or interior designer has been suspended for

4443 a period of time, her or his seal shall be returned to her or

4444 him upon expiration of the suspension period.

4445 (12) A person may not sign and seal by any means any final

4446 plan, specification, or report after her or his certificate of

4447 registration has expired or is suspended or revoked. A

4448 registered architect or interior designer whose certificate of

4449 registration is suspended or revoked shall, within 30 days after

4450 the effective date of the suspension or revocation, surrender

4451 her or his seal to the secretary of the department ~~executive~~

4452 ~~director of the board~~ and confirm in writing to the secretary

4453 ~~executive director~~ the cancellation of the registered

4454 architect's or interior designer's electronic signature in

4455 accordance with ss. 668.001-668.006. When a registered

4456 architect's or interior designer's certificate of registration

4457 is suspended for a period of time, her or his seal shall be

4458 returned upon expiration of the period of suspension.

4459 Section 160. Section 481.222, Florida Statutes, is amended

4460 to read:

4461 481.222 Architects performing building code inspection

4462 services.—Notwithstanding any other provision of law, a person

4463 who is currently licensed to practice as an architect under this

4464 part may provide building code inspection services described in

4465 s. 468.603(4) and (7) ~~s. 468.603(5) and (8)~~ to a local

4466 government or state agency upon its request, without being

4467 certified by the Florida Building Code Administrators and

4468 Inspectors licensing program ~~Board~~ under part XII of chapter

4469 468. With respect to the performance of such building code

4470 inspection services, the architect is subject to the

4471 disciplinary guidelines of this part and s. 468.621(1)(c)-(h).

4472 Any complaint processing, investigation, and discipline that

4473 arise out of an architect's performance of building code

4474 inspection services shall be conducted by the department ~~Board~~

4475 ~~of Architecture and Interior Design rather than the Florida~~

4476 ~~Building Code Administrators and Inspectors Board.~~ An architect

4477 may not perform plans review as an employee of a local

4478 government upon any job that the architect or the architect's

4479 company designed. Section 161. Paragraphs (a) and (d) of subsection (1) of

4481 section 481.223, Florida Statutes, are amended to read:

4482 481.223 Prohibitions; penalties; injunctive relief.—

4483 (1) A person may not knowingly:

4484 (a) Practice architecture unless the person is an

4485 architect or a registered architect; however, a licensed

4486 architect who has been licensed by the department ~~board~~ and who

4487 chooses to relinquish or not to renew his or her license may use

4488 the title "Architect, Retired" but may not otherwise render any

4489 architectural services.

4490 (d) Give false or forged evidence to the department ~~board~~

4491 ~~or a member thereof.~~

4492 Section 162. Paragraphs (a), (g), and (i) of subsection

4493 (1) and subsections (2), (3), and (4) of section 481.225,

4494 Florida Statutes, are amended to read:

4495 481.225 Disciplinary proceedings against registered

4496 architects.—

4497 (1) The following acts constitute grounds for which the

4498 disciplinary actions in subsection (3) may be taken:

4499 (a) Violating any provision of s. 455.227(1), s. 481.221,

4500 or s. 481.223, or any rule of the ~~board or~~ department lawfully

4501 adopted pursuant to this part or chapter 455.

4502 (g) Committing an act of fraud or deceit, or of

4503 negligence, incompetency, or misconduct, in the practice of

4504 architecture, including, but not limited to, allowing the

4505 preparation of any architectural studies, plans, or other

4506 instruments of service in an office that does not have a full-

4507 time Florida-registered architect assigned to such office or

4508 failing to ensure the responsible supervising control of

4509 services or projects, as required by department ~~board~~ rule.

4510 (i) Aiding, assisting, procuring, or advising any

4511 unlicensed person to practice architecture contrary to this part

4512 or to a rule of the department ~~or the board.~~

4513 (2) The department ~~board~~ shall specify, by rule, what acts

4514 or omissions constitute a violation of subsection (1).

4515 (3) When the department ~~board~~ finds any registered

4516 architect guilty of any of the grounds set forth in subsection

4517 (1), it may enter an order imposing one or more of the following

4518 penalties:

4519 (a) Denial of an application for licensure.

4520 (b) Revocation or suspension of a license.

4521 (c) Imposition of an administrative fine not to exceed

4522 $1,000 for each count or separate offense and a fine of up to

4523 $5,000 for matters pertaining to a material violation of the

4524 Florida Building Code as reported by a local jurisdiction.

4525 (d) Issuance of a reprimand.

4526 (e) Placement of the registered architect on probation for

4527 a period of time and subject to such conditions as the

4528 department ~~board~~ may specify, including requiring the registered

4529 architect to attend continuing education courses or to work

4530 under the supervision of another registered architect.

4531 (f) Restriction of the authorized scope of practice by the

4532 registered architect.

4533 (4) The department shall reissue the license of a

4534 disciplined registered architect upon certification ~~by the board~~

4535 that he or she has complied with all of the terms and conditions

4536 set forth in the final order.

4537 Section 163. Paragraph (a) of subsection (1) and

4538 subsection (2) of section 481.2251, Florida Statutes, are

4539 amended to read:

4540 481.2251 Disciplinary proceedings against registered

4541 interior designers.—

4542 (1) The following acts constitute grounds for which the

4543 disciplinary actions specified in subsection (2) may be taken:

4544 (a) Attempting to register or renewing registration by

4545 bribery, by fraudulent misrepresentation, or through an error of

4546 the department ~~board;~~

4547 (2) When the department ~~board~~ finds any person guilty of

4548 any of the grounds set forth in subsection (1), it may enter an

4549 order taking the following action or imposing one or more of the

4550 following penalties:

4551 (a) Refusal to register the applicant;

4552 (b) Refusal to renew an existing registration;

4553 (c) Removal from the state registry; or

4554 (d) Imposition of an administrative fine not to exceed

4555 $500 for each violation or separate offense and a fine of up to

4556 $2,500 for matters pertaining to a material violation of the

4557 Florida Building Code as reported by a local jurisdiction.

4558 Section 164. Subsection (1) of section 481.303, Florida

4559 Statutes, is amended to read:

4560 481.303 Definitions.—As used in this chapter, the term:

4561 ~~(1) "Board" means the Board of Landscape Architecture.~~

4562 Section 165. Section 481.306, Florida Statutes, is amended

4563 to read:

4564 481.306 Authority to make rules.—The department may ~~board~~

4565 ~~has authority to~~ adopt rules ~~pursuant to ss. 120.536(1) and~~

4566 ~~120.54~~ to implement the provisions of this chapter and chapter

4567 455 conferring duties upon it.

4568 Section 166. Section 481.307, Florida Statutes, is amended

4569 to read:

4570 481.307 Fees.—The department ~~board,~~ by rule, may establish

4571 fees to be paid for applications, examination, reexamination,

4572 licensing and renewal, delinquency, reinstatement, and

4573 recordmaking and recordkeeping. The examination fee shall be in

4574 an amount that covers the costs of obtaining and administering

4575 the examination and shall be refunded if the applicant is found

4576 ineligible to sit for the examination. The application fee is

4577 nonrefundable. The combined fees for initial application and

4578 examination may not exceed $800 plus the actual per applicant

4579 cost to the department for purchase of portions of the

4580 examination from the Council of Landscape Architectural

4581 Registration Boards or a similar national organization. The

4582 ~~biennial~~ renewal fee may not exceed $600. The delinquency fee

4583 may not exceed the ~~biennial~~ renewal fee established by the

4584 department ~~board~~ for an active license. The department ~~board~~

4585 shall establish fees that are adequate to ensure the continued

4586 operation of the department ~~board~~ and to fund the proportionate

4587 expenses incurred by the department which are allocated to the

4588 regulation of landscape architects. Fees shall be based on

4589 department estimates of the revenue required to implement this

4590 part and the provisions of law with respect to the regulation of

4591 landscape architects.

4592 Section 167. Subsection (1) of section 481.309, Florida

4593 Statutes, is amended to read:

4594 481.309 Examinations.—

4595 (1) A person desiring to be licensed as a registered

4596 landscape architect shall apply to the department to take the

4597 licensure examination. The department shall examine each

4598 applicant who the department ~~board~~ certifies:

4599 (a) Has completed the application form and remitted a

4600 nonrefundable application fee and an examination fee which is

4601 refundable if the applicant is found to be ineligible to take

4602 the examination; and

4603 (b)1. Has completed a professional degree program in

4604 landscape architecture as approved by the department ~~Landscape~~

4605 ~~Architectural Accreditation Board;~~ or

4606 2. Presents evidence of not less than 6 years of actual

4607 practical experience in landscape architectural work of a grade

4608 and character satisfactory to the department ~~board.~~ Each year of

4609 education completed in a recognized school shall be considered

4610 to be equivalent to 1 year of experience, with a maximum credit

4611 of 4 years.

4612 Section 168. Section 481.310, Florida Statutes, is amended

4613 to read:

4614 481.310 Practical experience requirement.—Beginning

4615 October 1, 1990, every applicant for licensure as a registered

4616 landscape architect shall demonstrate, before ~~prior to~~

4617 licensure, 1 year of practical experience in landscape

4618 architectural work. An applicant who holds a master of landscape

4619 architecture degree and a bachelor's degree in a related field

4620 is not required to demonstrate 1 year of practical experience in

4621 landscape architectural work to obtain licensure. The department

4622 ~~board~~ shall adopt rules providing standards for the required

4623 experience. An applicant who qualifies for examination pursuant

4624 to s. 481.309(1)(b)1. may obtain the practical experience after

4625 completing the required professional degree. Experience used to

4626 qualify for examination pursuant to s. 481.309(1)(b)2. may not

4627 be used to satisfy the practical experience requirement under

4628 this section.

4629 Section 169. Section 481.311, Florida Statutes, is amended to read:

4631 481.311 Licensure.—

4632 (1) The department shall license any applicant who the

4633 department ~~board~~ certifies is qualified to practice landscape

4634 architecture and who has paid the initial licensure fee.

4635 (2) The department ~~board~~ shall certify for licensure any

4636 applicant who:

4637 (a) Passes the examination required by s. 481.309; and

4638 (b) Satisfies the experience requirement of s. 481.310.

4639 (3) The department ~~board~~ shall certify as qualified for a

4640 license by endorsement an applicant who:

4641 (a) Qualifies to take the examination as set forth in s.

4642 481.309; and has passed a national, regional, state, or

4643 territorial licensing examination which is substantially

4644 equivalent to the examination required by s. 481.309;

4645 (b) Holds a valid license to practice landscape

4646 architecture issued by another state or territory of the United

4647 States, if the criteria for issuance of such license were

4648 substantially identical to the licensure criteria which existed

4649 in this state at the time the license was issued; or

4650 (c) Has held a valid license to practice landscape

4651 architecture in another state or territory of the United States

4652 for at least 10 years before the date of application and has

4653 successfully completed a state, regional, national, or other

4654 examination that is equivalent to or more stringent than the

4655 examination required by the department ~~board,~~ subject to

4656 subsection (5). An applicant who has met the requirements to be

4657 qualified for a license by endorsement, except for successful

4658 completion of an examination that is equivalent to or more

4659 stringent than the examination required by the department ~~board,~~

4660 may take the examination required by the department ~~board~~

4661 without completing additional education requirements. Such

4662 application must be submitted to the department ~~board~~ while the

4663 applicant holds a valid license in another state or territory or

4664 within 2 years after the expiration of such license.

4665 (4) The department ~~board~~ may refuse to certify any

4666 applicant who is under investigation in any jurisdiction for any

4667 act which would constitute a violation of this act or of chapter

4668 455, until the investigation is complete and disciplinary

4669 proceedings have been terminated.

4670 (5) The department ~~board~~ may refuse to certify any

4671 applicant who has violated any of the provisions of s. 481.325.

4672 Section 170. Subsections (2) through (5) of section

4673 481.313, Florida Statutes, are amended to read:

4674 481.313 Renewal of license.—

4675 (2) The department shall adopt rules establishing a

4676 procedure for the ~~biennial~~ renewal of licenses every 4 years.

4677 ~~(3) No license renewal shall be issued to a landscape~~

4678 ~~architect by the department until the licensee submits proof,~~

4679 ~~satisfactory to the department, that during the 2-year period~~

4680 ~~prior to application for renewal, the licensee participated in~~

4681 ~~such continuing education courses required by the board. The~~

4682 ~~board shall approve only continuing education courses that~~

4683 ~~relate to and increase the basic knowledge of landscape~~

4684 ~~architecture. The board may make an exception from the~~

4685 ~~requirements of continuing education in emergency or hardship~~

4686 ~~cases.~~

4687 ~~(4) The board, by rule adopted pursuant to ss. 120.536(1)~~

4688 ~~and 120.54, shall establish criteria for the approval of~~

4689 ~~continuing education courses and providers, and shall by rule~~

4690 ~~establish criteria for accepting alternative nonclassroom~~

4691 ~~continuing education on an hour-for-hour basis. A landscape~~

4692 ~~architect shall receive hour-for-hour credit for attending~~

4693 ~~continuing education courses approved by the Landscape~~

4694 ~~Architecture Continuing Education System or another nationally~~

4695 ~~recognized clearinghouse for continuing education that relate to~~

4696 ~~and increase his or her basic knowledge of landscape~~

4697 ~~architecture, as determined by the board, if the landscape~~

4698 ~~architect submits proof satisfactory to the board that such~~

4699 ~~course was approved by the Landscape Architecture Continuing~~

4700 ~~Education System or another nationally recognized clearinghouse~~

4701 ~~for continuing education, along with the syllabus or outline for~~

4702 ~~such course and proof of course attendance.~~

4703 ~~(5) The board shall require, by rule adopted pursuant to~~

4704 ~~ss. 120.536(1) and 120.54, a specified number of hours in~~

4705 ~~specialized or advanced courses, approved by the Florida~~

4706 ~~Building Commission, on any portion of the Florida Building~~

4707 ~~Code, adopted pursuant to part IV of chapter 553, relating to~~

4708 ~~the licensee's respective area of practice.~~

4709 Section 171. Section 481.315, Florida Statutes, is amended

4710 to read:

4711 481.315 Inactive status.—

4712 (1) A license that has become inactive or delinquent may

4713 be reactivated under this section upon application to the

4714 department and payment of any applicable ~~biennial~~ renewal or

4715 delinquency fee, or both, and a reactivation fee. ~~The board may~~

4716 ~~not require a licensee to complete more than one renewal cycle~~

4717 ~~of continuing education requirements.~~

4718 (2) The department ~~board~~ shall adopt rules relating to

4719 application procedures for inactive status and for the

4720 reactivation of inactive licenses.

4721 Section 172. Subsection (1) of section 481.317, Florida

4722 Statutes, is amended to read:

4723 481.317 Temporary certificates.—

4724 (1) Upon the approval by the department ~~board~~ and payment

4725 of the fee set in s. 481.307, the department shall grant a

4726 temporary certificate of registration for work on a specified

4727 project in this state for a period not to exceed 1 year to an

4728 applicant who is licensed in another state or territory to

4729 practice landscape architecture. Section 173. Paragraph (d) of subsection (1) of section

4731 481.323, Florida Statutes, is amended to read:

4732 481.323 Prohibitions; penalties.—

4733 (1) A person may not knowingly:

4734 (d) Give false or forged evidence to the department ~~board~~

4735 ~~or a member thereof;~~

4736 Section 174. Subsections (2), (3), and (4) of section

4737 481.325, Florida Statutes, are amended to read:

4738 481.325 Disciplinary proceedings.—

4739 (2) The department ~~board~~ shall specify, by rule, what acts

4740 or omissions constitute a violation of subsection (1).

4741 (3) When the department ~~board~~ finds any registered

4742 landscape architect guilty of any of the grounds set forth in

4743 subsection (1), it may enter an order imposing one or more of

4744 the following penalties:

4745 (a) Denial of an application for licensure.

4746 (b) Revocation or suspension of a license.

4747 (c) Imposition of an administrative fine not to exceed

4748 $1,000 for each count or separate offense and a fine of up to

4749 $5,000 for matters pertaining to a material violation of the

4750 Florida Building Code as reported by a local jurisdiction.

4751 (d) Issuance of a reprimand.

4752 (e) Placement of the registered landscape architect on

4753 probation for a period of time and subject to such conditions as

4754 the department ~~board~~ may specify, including requiring the

4755 registered landscape architect to ~~attend continuing education~~

4756 ~~courses or to~~ work under the supervision of another registered

4757 landscape architect.

4758 (f) Restriction of the authorized scope of practice by the

4759 registered landscape architect.

4760 (4) The department shall reissue the license of a

4761 disciplined registered landscape architect upon certification by

4762 ~~the board~~ that she or he has complied with all of the terms and

4763 conditions set forth in the final order.

4764 Section 175. Paragraph (c) of subsection (7) of section 489.103, Florida Statutes, is amended to read:

4766 489.103 Exemptions.—This part does not apply to:

4767 (7)

4768 (c) To qualify for exemption under this subsection, an

4769 owner must personally appear and sign the building permit

4770 application and must satisfy local permitting agency

4771 requirements, if any, proving that the owner has a complete

4772 understanding of the owner's obligations under the law as

4773 specified in the disclosure statement in this section. However,

4774 for purposes of implementing a "United States Department of

4775 Energy SunShot Initiative: Rooftop Solar Challenge" grant and

4776 the participation of county and municipal governments, including

4777 local permitting agencies under the jurisdiction of such county

4778 and municipal governments, an owner's notarized signature or

4779 personal appearance to sign the permit application is not

4780 required for a solar project, as described in subparagraph

4781 (a)3., if the building permit application is submitted

4782 electronically to the permitting agency and the owner certifies

4783 the application and disclosure statement using the permitting

4784 agency's electronic confirmation system. If any person violates

4785 the requirements of this subsection, the local permitting agency

4786 shall withhold final approval, revoke the permit, or pursue any

4787 action or remedy for unlicensed activity against the owner and

4788 any person performing work that requires licensure under the

4789 permit issued. The local permitting agency shall provide the

4790 person with a disclosure statement in substantially the

4791 following form:

4792 DISCLOSURE STATEMENT

4793 1. I understand that state law requires construction to be done

4794 by a licensed contractor and have applied for an owner-builder

4795 permit under an exemption from the law. The exemption specifies

4796 that I, as the owner of the property listed, may act as my own

4797 contractor with certain restrictions even though I do not have a

4798 license.

4799 2. I understand that building permits are not required to be

4800 signed by a property owner unless he or she is responsible for

4801 the construction and is not hiring a licensed contractor to

4802 assume responsibility.

4803 3. I understand that, as an owner-builder, I am the responsible

4804 party of record on a permit. I understand that I may protect

4805 myself from potential financial risk by hiring a licensed

4806 contractor and having the permit filed in his or her name

4807 instead of my own name. I also understand that a contractor is

4808 required by law to be licensed in Florida and to list his or her

4809 license numbers on permits and contracts.

4810 4. I understand that I may build or improve a one-family or

4811 two-family residence or a farm outbuilding. I may also build or

4812 improve a commercial building if the costs do not exceed

4813 $75,000. The building or residence must be for my own use or

4814 occupancy. It may not be built or substantially improved for

4815 sale or lease, unless I am completing the requirements of a

4816 building permit where the contractor listed on the permit

4817 substantially completed the project. If a building or residence

4818 that I have built or substantially improved myself is sold or

4819 leased within 1 year after the construction is complete, the law

4820 will presume that I built or substantially improved it for sale

4821 or lease, which violates the exemption.

4822 5. I understand that, as the owner-builder, I must provide

4823 direct, onsite supervision of the construction.

4824 6. I understand that I may not hire an unlicensed person to act

4825 as my contractor or to supervise persons working on my building

4826 or residence. It is my responsibility to ensure that the persons

4827 whom I employ have the licenses required by law and by county or

4828 municipal ordinance.

4829 7. I understand that it is a frequent practice of unlicensed

4830 persons to have the property owner obtain an owner-builder

4831 permit that erroneously implies that the property owner is

4832 providing his or her own labor and materials. I, as an owner-

4833 builder, may be held liable and subjected to serious financial

4834 risk for any injuries sustained by an unlicensed person or his

4835 or her employees while working on my property. My homeowner's

4836 insurance may not provide coverage for those injuries. I am

4837 willfully acting as an owner-builder and am aware of the limits

4838 of my insurance coverage for injuries to workers on my property.

4839 8. I understand that I may not delegate the responsibility for

4840 supervising work to a licensed contractor who is not licensed to

4841 perform the work being done. Any person working on my building

4842 who is not licensed must work under my direct supervision and

4843 must be employed by me, which means that I must comply with laws

4844 requiring the withholding of federal income tax and social

4845 security contributions under the Federal Insurance Contributions

4846 Act (FICA) and must provide workers' compensation for the

4847 employee. I understand that my failure to follow these laws may

4848 subject me to serious financial risk.

4849 9. I agree that, as the party legally and financially

4850 responsible for this proposed construction activity, I will

4851 abide by all applicable laws and requirements that govern owner-

4852 builders as well as employers. I also understand that the

4853 construction must comply with all applicable laws, ordinances,

4854 building codes, and zoning regulations.

4855 10. I understand that I may obtain more information regarding

4856 my obligations as an employer from the Internal Revenue Service,

4857 the United States Small Business Administration, the Florida

4858 Department of Financial Services, and the Florida Department of

4859 Revenue. I also understand that I may contact the Florida

4860 Department of Business and Professional Regulation ~~Construction~~

4861 ~~Industry Licensing Board~~ at ...(telephone number)... or

4862 ...(Internet website address)... for more information about

4863 licensed contractors.

4864 11. I am aware of, and consent to, an owner-builder building

4865 permit applied for in my name and understand that I am the party

4866 legally and financially responsible for the proposed

4867 construction activity at the following address: ...(address of

4868 property)....

4869 12. I agree to notify ...(issuer of disclosure statements)...

4870 immediately of any additions, deletions, or changes to any of

4871 the information that I have provided on this disclosure.

4872 Licensed contractors are regulated by laws designed to protect

4873 the public. If you contract with a person who does not have a

4874 license, the ~~Construction Industry Licensing Board and~~

4875 Department of Business and Professional Regulation may be unable

4876 to assist you with any financial loss that you sustain as a

4877 result of a complaint. Your only remedy against an unlicensed

4878 contractor may be in civil court. It is also important for you

4879 to understand that, if an unlicensed contractor or employee of

4880 an individual or firm is injured while working on your property,

4881 you may be held liable for damages. If you obtain an owner-

4882 builder permit and wish to hire a licensed contractor, you will

4883 be responsible for verifying whether the contractor is properly

4884 licensed and the status of the contractor's workers'

4885 compensation coverage.

4886 Before a building permit can be issued, this disclosure

4887 statement must be completed and signed by the property owner and

4888 returned to the local permitting agency responsible for issuing

4889 the permit. A copy of the property owner's driver license, the

4890 notarized signature of the property owner, or other type of

4891 verification acceptable to the local permitting agency is

4892 required when the permit is issued.

4893 Signature: ...(signature of property owner)....

4894 Date: ...(date)....

4895 Section 176. Subsections (2) through (19) of section

4896 489.105, Florida Statutes, are renumbered as subsections (1)

4897 through (18), respectively, and subsection (1) and present

4898 subsection (6) of that section are amended to read:

4899 489.105 Definitions.—As used in this part:

4900 ~~(1) "Board" means the Construction Industry Licensing~~

4901 ~~Board.~~

4902 (5)(6) "Contracting" means, except as exempted in this

4903 part, engaging in business as a contractor and includes, but is

4904 not limited to, performance of any of the acts as set forth in

4905 subsection (2) ~~(3)~~ which define types of contractors. The

4906 attempted sale of contracting services and the negotiation or

4907 bid for a contract on these services also constitutes

4908 contracting. If the services offered require licensure or agent

4909 qualification, the offering, negotiation for a bid, or attempted

4910 sale of these services requires the corresponding licensure.

4911 However, the term "contracting" does ~~shall~~ not extend to an

4912 individual, partnership, corporation, trust, or other legal

4913 entity that offers to sell or sells completed residences on

4914 property on which the individual or business entity has any

4915 legal or equitable interest, or to the individual or business

4916 entity that offers to sell or sells manufactured or factory-

4917 built buildings that will be completed on site on property on

4918 which either party to a contract has any legal or equitable

4919 interest, if the services of a qualified contractor certified or

4920 registered pursuant to the requirements of this chapter have

4921 been or will be retained for the purpose of constructing or

4922 completing such residences.

4923 Section 177. Section 489.108, Florida Statutes, is amended

4924 to read:

4925 489.108 Rulemaking authority.—The department may ~~board has~~

4926 ~~authority to~~ adopt rules ~~pursuant to ss. 120.536(1) and 120.54~~

4927 to implement the provisions of this chapter conferring duties

4928 upon it.

4929 Section 178. Subsections (1) and (2) of section 489.109, Florida Statutes, are amended to read:

4931 489.109 Fees.—

4932 (1) The department ~~board,~~ by rule, shall establish

4933 reasonable fees to be paid for applications, certification and

4934 renewal, registration and renewal, and recordmaking and

4935 recordkeeping. The fees shall be established as follows:

4936 (a) With respect to an applicant for a certificate, the

4937 initial application fee may not exceed $150, and, if an

4938 examination cost is included in the application fee, the

4939 combined amount may not exceed $350. The initial certification

4940 fee and the renewal fee may not exceed $250. However, any

4941 applicant who seeks certification under this part by taking a

4942 practical examination must pay as an examination fee the actual

4943 cost incurred by the department in developing, preparing,

4944 administering, scoring, score reporting, and evaluating the

4945 examination, if the examination is conducted by the department.

4946 (b) With respect to an applicant for registration, the

4947 initial application fee may not exceed $100, and the initial

4948 registration fee and the renewal fee may not exceed $200.

4949 (c) The department ~~board,~~ by rule, may establish

4950 delinquency fees, not to exceed the applicable renewal fee for

4951 renewal applications made after the expiration date of the

4952 certificate or registration.

4953 (d) With respect to an application for registration or

4954 certification to qualify a business organization, the initial

4955 application fee and the renewal fee shall be $50.

4956 (e) The department ~~board,~~ by rule, shall impose a renewal

4957 fee for an inactive status certificate or registration, not to

4958 exceed the renewal fee for an active status certificate or

4959 registration. Neither the inactive certification fee nor the

4960 inactive registration fee may exceed $50. The department ~~board,~~

4961 by rule, may provide for a different fee for inactive status

4962 where such status is sought by a building code administrator,

4963 plans examiner, or inspector certified pursuant to part XII of

4964 chapter 468 who is employed by a local government and is not

4965 allowed by the terms of such employment to maintain a

4966 certificate on active status issued pursuant to this part.

4967 (f) The department ~~board,~~ by rule, shall impose an

4968 additional late fee on a delinquent status certificateholder or

4969 registrant when such certificateholder or registrant applies for

4970 active or inactive status.

4971 (g) The department ~~board,~~ by rule, shall impose an

4972 additional fee, not to exceed the applicable renewal fee, which

4973 reasonably reflects the costs of processing a

4974 certificateholder's or registrant's request to change licensure

4975 status at any time other than at the beginning of a licensure

4976 cycle.

4977 (2) ~~The board shall establish fees that are adequate to~~

4978 ~~ensure the continued operation of the board.~~ Fees shall be based

4979 on department estimates of the revenue required to implement

4980 this part and the provisions of law with respect to the

4981 regulation of the construction industry.

4982 Section 179. Paragraph (c) of subsection (2) and

4983 subsection (3) of section 489.111, Florida Statutes, are amended

4984 to read:

4985 489.111 Licensure by examination.—

4986 (2) A person shall be eligible for licensure by

4987 examination if the person:

4988 (c) Meets eligibility requirements according to one of the

4989 following criteria:

4990 1. Has received a baccalaureate degree from an accredited

4991 4-year college in the appropriate field of engineering,

4992 architecture, or building construction and has 1 year of proven

4993 experience in the category in which the person seeks to qualify.

4994 For the purpose of this part, a minimum of 2,000 person-hours

4995 shall be used in determining full-time equivalency. An applicant

4996 who is exempt from passing an examination under s. 489.113(1) is

4997 eligible for a license under this section.

4998 2. Has a total of at least 4 years of active experience as

4999 a worker who has learned the trade by serving an apprenticeship

5000 as a skilled worker who is able to command the rate of a

5001 mechanic in the particular trade or as a foreman who is in

5002 charge of a group of workers and usually is responsible to a

5003 superintendent or a contractor or his or her equivalent;

5004 provided, however, that at least 1 year of active experience

5005 shall be as a foreman.

5006 3. Has a combination of not less than 1 year of experience

5007 as a foreman and not less than 3 years of credits for any

5008 accredited college-level courses; has a combination of not less

5009 than 1 year of experience as a skilled worker, 1 year of

5010 experience as a foreman, and not less than 2 years of credits

5011 for any accredited college-level courses; or has a combination

5012 of not less than 2 years of experience as a skilled worker, 1

5013 year of experience as a foreman, and not less than 1 year of

5014 credits for any accredited college-level courses. All junior

5015 college or community college-level courses shall be considered

5016 accredited college-level courses.

5017 4.a. An active certified residential contractor is

5018 eligible to receive a certified building contractor license

5019 after passing or having previously passed the building

5020 contractors' examination if he or she possesses a minimum of 3

5021 years of proven experience in the classification in which he or

5022 she is certified.

5023 b. An active certified residential contractor is eligible

5024 to receive a certified general contractor license after passing

5025 or having previously passed the general contractors' examination

5026 if he or she possesses a minimum of 4 years of proven experience

5027 in the classification in which he or she is certified.

5028 c. An active certified building contractor is eligible to

5029 receive a certified general contractor license after passing or

5030 having previously passed the general contractors' examination if

5031 he or she possesses a minimum of 4 years of proven experience in

5032 the classification in which he or she is certified.

5033 5.a. An active certified air-conditioning Class C

5034 contractor is eligible to receive a certified air-conditioning

5035 Class B contractor license after passing or having previously

5036 passed the air-conditioning Class B contractors' examination if

5037 he or she possesses a minimum of 3 years of proven experience in

5038 the classification in which he or she is certified.

5039 b. An active certified air-conditioning Class C contractor

5040 is eligible to receive a certified air-conditioning Class A

5041 contractor license after passing or having previously passed the

5042 air-conditioning Class A contractors' examination if he or she

5043 possesses a minimum of 4 years of proven experience in the

5044 classification in which he or she is certified.

5045 c. An active certified air-conditioning Class B contractor

5046 is eligible to receive a certified air-conditioning Class A

5047 contractor license after passing or having previously passed the

5048 air-conditioning Class A contractors' examination if he or she

5049 possesses a minimum of 1 year of proven experience in the

5050 classification in which he or she is certified.

5051 6.a. An active certified swimming pool servicing

5052 contractor is eligible to receive a certified residential

5053 swimming pool contractor license after passing or having

5054 previously passed the residential swimming pool contractors'

5055 examination if he or she possesses a minimum of 3 years of

5056 proven experience in the classification in which he or she is

5057 certified.

5058 b. An active certified swimming pool servicing contractor

5059 is eligible to receive a certified commercial swimming pool

5060 contractor license after passing or having previously passed the

5061 swimming pool commercial contractors' examination if he or she

5062 possesses a minimum of 4 years of proven experience in the

5063 classification in which he or she is certified.

5064 c. An active certified residential swimming pool

5065 contractor is eligible to receive a certified commercial

5066 swimming pool contractor license after passing or having

5067 previously passed the commercial swimming pool contractors'

5068 examination if he or she possesses a minimum of 1 year of proven

5069 experience in the classification in which he or she is

5070 certified.

5071 d. An applicant is eligible to receive a certified

5072 swimming pool/spa servicing contractor license after passing or

5073 having previously passed the swimming pool/spa servicing

5074 contractors' examination if he or she has satisfactorily

5075 completed 60 hours of instruction in courses related to the

5076 scope of work covered by that license and approved by the

5077 department ~~Construction Industry Licensing Board~~ by rule and has

5078 at least 1 year of proven experience related to the scope of

5079 work of such a contractor.

5080 (3)(a) The department ~~board~~ may refuse to certify an

5081 applicant for failure to satisfy the requirement of good moral

5082 character only if:

5083 1. There is a substantial connection between the lack of

5084 good moral character of the applicant and the professional

5085 responsibilities of a certified contractor; and

5086 2. The finding by the department ~~board~~ of lack of good

5087 moral character is supported by clear and convincing evidence.

5088 (b) When an applicant is found to be unqualified for a

5089 certificate because of a lack of good moral character, the

5090 department ~~board~~ shall furnish the applicant a statement

5091 containing the findings of the department ~~board,~~ a complete

5092 record of the evidence upon which the determination was based,

5093 and a notice of the rights of the applicant to a rehearing and

5094 appeal.

5095 Section 180. Subsections (1) and (2), paragraph (f) of

5096 subsection (3), and subsections (6), (7), and (8) of section

5097 489.113, Florida Statutes, are amended to read:

5098 489.113 Qualifications for practice; restrictions.—

5099 (1) Any person who desires to engage in contracting on a

5100 statewide basis shall, as a prerequisite thereto, establish his

5101 or her competency and qualifications to be certified pursuant to

5102 this part. To establish competency, a person shall pass the

5103 appropriate examination approved ~~by the board~~ and certified by

5104 the department. If an applicant has received a baccalaureate

5105 degree in building construction from an accredited 4-year

5106 college, or a related degree as approved by the department ~~board~~

5107 by rule, and has a grade point average of 3.0 or higher, such

5108 applicant is only required to take and pass the business and

5109 finance portion of the examination. Any person who desires to

5110 engage in contracting on other than a statewide basis shall, as

5111 a prerequisite thereto, be registered pursuant to this part,

5112 unless exempted by this part.

5113 (2) A person must be certified or registered in order to

5114 engage in the business of contracting in this state. However,

5115 for purposes of complying with ~~the provisions of~~ this chapter, a

5116 subcontractor who is not certified or registered may perform

5117 construction work under the supervision of a person who is

5118 certified or registered, provided that the work is within the

5119 scope of the supervising contractor's license, the supervising

5120 contractor is responsible for the work, and the subcontractor

5121 being supervised is not engaged in construction work that would

5122 require a license as a contractor under any of the categories

5123 listed in s. 489.105(2)(d)-(o) ~~s. 489.105(3)(d)-(o).~~ This

5124 subsection does not affect the application of any local

5125 construction licensing ordinances. To enforce this subsection:

5126 (a) The department shall issue a cease and desist order to

5127 prohibit any person from engaging in the business of contracting

5128 who does not hold the required certification or registration for

5129 the work being performed under this part. For the purpose of

5130 enforcing a cease and desist order, the department may file a

5131 proceeding in the name of the state seeking issuance of an

5132 injunction or a writ of mandamus against any person who violates

5133 any provision of such order.

5134 (b) A county, municipality, or local licensing board

5135 created by special act may issue a cease and desist order to

5136 prohibit any person from engaging in the business of contracting

5137 who does not hold the required certification or registration for

5138 the work being performed under this part.

5139 (3) A contractor shall subcontract all electrical,

5140 mechanical, plumbing, roofing, sheet metal, swimming pool, and

5141 air-conditioning work, unless such contractor holds a state

5142 certificate or registration in the respective trade category,

5143 however:

5144 (f) A solar contractor may ~~shall~~ not be required to

5145 subcontract minor, as defined by department ~~board~~ rule,

5146 electrical, mechanical, plumbing, or roofing work so long as

5147 that work is within the scope of the license held by the solar

5148 contractor and where such work exclusively pertains to the

5149 installation of residential solar energy equipment as defined by

5150 rules of the department ~~board adopted in conjunction with the~~

5151 ~~Electrical Contracting Licensing Board.~~

5152 (6)(a) The department ~~board~~ shall, by rule, designate

5153 those types of specialty contractors which may be certified

5154 under this part. The limit of the scope of work and

5155 responsibility of a specialty contractor shall be established by

5156 the department ~~board~~ by rule. However, a certified specialty

5157 contractor category established by department ~~board~~ rule exists

5158 as a voluntary statewide licensing category and does not create

5159 a mandatory licensing requirement. Any mandatory statewide

5160 construction contracting licensure requirement may only be

5161 established through specific statutory provision.

5162 (b) By July 1, 2025, the department ~~board~~ shall, by rule,

5163 establish certified specialty contractor categories for

5164 voluntary licensure for all of the following:

5165 1. Structural aluminum or screen enclosures.

5166 2. Marine seawall work.

5167 3. Marine bulkhead work.

5168 4. Marine dock work.

5169 5. Marine pile driving.

5170 6. Structural masonry.

5171 7. Structural prestressed, precast concrete work.

5172 8. Rooftop solar heating installation.

5173 9. Structural steel.

5174 10. Window and door installation, including garage door

5175 installation and hurricane or windstorm protection.

5176 11. Plaster and lath.

5177 12. Structural carpentry.

5178 (7) If an eligible applicant fails any contractor's

5179 written examination, except the general and building

5180 contractors' examination, and provides the department ~~board~~ with

5181 acceptable proof of lack of comprehension of written

5182 examinations, the applicant may petition the department ~~board~~ to

5183 be administered a uniform oral examination, subject to the

5184 following conditions:

5185 (a) The applicant documents 10 years of experience in the

5186 appropriate construction craft.

5187 (b) The applicant files written recommendations concerning

5188 his or her competency in the appropriate construction craft.

5189 (c) The applicant is administered only one oral

5190 examination within a period of 1 year.

5191 (8) Any public record of the department ~~board,~~ when

5192 certified by the department ~~executive director of the board or~~

5193 ~~the executive director's representative,~~ may be received as

5194 prima facie evidence in any administrative or judicial

5195 proceeding.

5196 Section 181. Subsection (1) of section 489.1131, Florida

5197 Statutes, is amended to read:

5198 489.1131 Credit for relevant military training and

5199 education.—

5200 (1) The department shall provide a method by which

5201 honorably discharged veterans may apply for licensure. The

5202 method must include a veteran-specific application and provide:

5203 (a) To the fullest extent possible, credit toward the

5204 requirements for licensure for military experience, training,

5205 and education received and completed during service in the

5206 United States Armed Forces if the military experience, training,

5207 or education is substantially similar to the experience,

5208 training, or education required for licensure.

5209 (b) Acceptance of up to 3 years of active duty service in

5210 the United States Armed Forces, regardless of duty or training,

5211 to meet the experience requirements of s. 489.111(2)(c). At

5212 least 1 additional year of active experience as a foreman in the

5213 trade, either civilian or military, is required to fulfill the

5214 experience requirement of s. 489.111(2)(c).

5216 The department ~~board~~ may adopt rules ~~pursuant to ss. 120.536(1)~~

5217 ~~and 120.54~~ to implement this subsection.

5218 Section 182. Subsection (1) of section 489.1136, Florida

5219 Statutes, is amended to read:

5220 489.1136 Medical gas certification.—

5221 (1)(a) In addition to the certification or registration

5222 required to engage in business as a plumbing contractor, any

5223 plumbing contractor who wishes to engage in the business of

5224 installation, improvement, repair, or maintenance of any tubing,

5225 pipe, or similar conduit used to transport gaseous or partly

5226 gaseous substances for medical purposes shall take, ~~as part of~~

5227 ~~the contractor's continuing education requirement, at least once~~

5228 ~~during the holding of such license,~~ a course of at least 6 hours

5229 before the licensee's initial installation, improvement, repair,

5230 or maintenance of any tubing, pipe, or similar conduit used to

5231 transport gaseous or partly gaseous substances for medical

5232 purposes. Such course shall be given by an instructional

5233 facility or teaching entity that has been approved by the

5234 department ~~board.~~ In order for a course to be approved, the

5235 department ~~board~~ must find that the course is designed to teach

5236 familiarity with the National Fire Prevention Association

5237 Standard 99C (Standard on Gas and Vacuum Systems, latest

5238 edition) and also designed to teach familiarity and practical

5239 ability in performing and inspecting brazing duties required of

5240 medical gas installation, improvement, repair, or maintenance

5241 work. Such course shall issue a certificate of completion to the

5242 taker of the course, which certificate shall be available for

5243 inspection by any entity or person seeking to have such

5244 contractor engage in the business of installation, improvement,

5245 repair, or maintenance of a medical gas system.

5246 (b) Any other natural person who is employed by a licensed

5247 plumbing contractor to provide work on the installation,

5248 improvement, repair, or maintenance of a medical gas system,

5249 except as noted in paragraph (c), shall, as a prerequisite to

5250 his or her ability to provide such service, take a course

5251 approved by the department ~~board.~~ Such course shall be at least

5252 8 hours and consist of both classroom and practical work

5253 designed to teach familiarity with the National Fire Prevention

5254 Association Standard 99C (Standard on Gas and Vacuum Systems,

5255 latest edition) and also designed to teach familiarity and

5256 practical ability in performing and inspecting brazing duties

5257 required of medical gas installation, improvement, repair, or

5258 maintenance work. Such course shall also include the

5259 administration of a practical examination in the skills required

5260 to perform work as outlined above, including brazing, and each

5261 examination shall be reasonably constructed to test for

5262 knowledge of the subject matter. The person taking such course

5263 and examination must, upon successful completion of both, be

5264 issued a certificate of completion by the giver of such course,

5265 which certificate shall be made available by the holder for

5266 inspection by any person or entity seeking to have such person

5267 perform work on the installation, improvement, repair, or

5268 maintenance of a medical gas system.

5269 (c) Any other natural person who wishes to perform only

5270 brazing duties incidental to the installation, improvement,

5271 repair, or maintenance of a medical gas system shall pass an

5272 examination designed to show that person's familiarity with and

5273 practical ability in performing brazing duties required of

5274 medical gas installation, improvement, repair, or maintenance.

5275 Such examination shall be from a test approved by the department

5276 ~~board.~~ Such examination must test for knowledge of National Fire

5277 Prevention Association Standard 99C (Standard on Gas and Vacuum

5278 Systems, latest edition). The person taking such examination

5279 must, upon passing such examination, be issued a certificate of

5280 completion by the giver of such examination, and such

5281 certificate shall be made available by the holder for inspection

5282 by any person or entity seeking to have or employ such person to

5283 perform brazing duties on a medical gas system.

5284 (d) It is the responsibility of the licensed plumbing

5285 contractor to ascertain whether members of his or her workforce

5286 are in compliance with this subsection, and such contractor is

5287 subject to discipline under s. 489.129 for violation of this

5288 subsection.

5289 (e) Training programs in medical gas piping installation,

5290 improvement, repair, or maintenance shall be reviewed annually

5291 by the department ~~board~~ to ensure that programs have been

5292 provided equitably across the state.

5293 (f) Periodically, the department ~~board~~ shall review

5294 training programs in medical gas piping installation for quality

5295 in content and instruction in accordance with the National Fire

5296 Prevention Association Standard 99C (Standard on Gas and Vacuum

5297 Systems, latest edition). The department ~~board~~ shall also

5298 respond to complaints regarding approved programs.

5299 Section 183. Section 489.114, Florida Statutes, is amended

5300 to read:

5301 489.114 Evidence of workers' compensation coverage.—Except

5302 as provided in s. 489.115(5)(d), any person, business

5303 organization, or qualifying agent engaged in the business of

5304 contracting in this state and certified or registered under this

5305 part shall, as a condition precedent to the issuance or renewal

5306 of a certificate or registration of the contractor, provide to

5307 the department ~~Construction Industry Licensing Board,~~ as

5308 provided by department ~~board~~ rule, evidence of workers'

5309 compensation coverage pursuant to chapter 440. In the event that

5310 the Division of Workers' Compensation of the Department of

5311 Financial Services receives notice of the cancellation of a

5312 policy of workers' compensation insurance insuring a person or

5313 entity governed by this section, the Division of Workers'

5314 Compensation shall certify and identify all persons or entities

5315 by certification or registration license number to the

5316 department after verification is made by the Division of

5317 Workers' Compensation that persons or entities governed by this

5318 section are no longer covered by workers' compensation

5319 insurance. Such certification and verification by the Division

5320 of Workers' Compensation may result from records furnished to

5321 the Division of Workers' Compensation by the persons or entities

5322 governed by this section or an investigation completed by the

5323 Division of Workers' Compensation. The department shall notify

5324 the persons or entities governed by this section who have been

5325 determined to be in noncompliance with chapter 440, and the

5326 persons or entities notified shall provide certification of

5327 compliance with chapter 440 to the department and pay an

5328 administrative fine in the amount of $500. The failure to

5329 maintain workers' compensation coverage as required by law shall

5330 be grounds for the department ~~board~~ to revoke, suspend, or deny

5331 the issuance or renewal of a certificate or registration of the

5332 contractor under the provisions of s. 489.129.

5333 Section 184. Paragraph (c) of subsection (4) of section

5334 489.115, Florida Statutes, is redesignated as paragraph (b), and

5335 paragraph (a) of subsection (2), subsection (3), present

5336 paragraph (b) of subsection (4), and subsections (5) through (9)

5337 of that section are amended to read:

5338 489.115 Certification and registration; endorsement;

5339 reciprocity; renewals; ~~continuing education.—~~

5340 (2)(a) The department shall issue a certificate or

5341 registration to each person qualified by the department ~~board~~

5342 and upon receipt of the original license fee.

5343 (3) The department ~~board~~ shall certify as qualified for

5344 certification by endorsement any applicant who:

5345 (a) Meets the requirements for certification as set forth

5346 in this section; has passed a national, regional, state, or

5347 United States territorial licensing examination that is

5348 substantially equivalent to the examination required by this

5349 part; and has satisfied the requirements set forth in s.

5350 489.111;

5351 (b) Holds a valid license to practice contracting issued

5352 by another state or territory of the United States, if the

5353 criteria for issuance of such license were substantially

5354 equivalent to Florida's current certification criteria;

5355 (c) Holds a valid, current license to practice contracting

5356 issued by another state or territory of the United States, if

5357 the state or territory has entered into a reciprocal agreement

5358 with the department ~~board~~ for the recognition of contractor

5359 licenses issued in that state, based on criteria for the

5360 issuance of such licenses that are substantially equivalent to

5361 the criteria for certification in this state; or

5362 (d) Has held a valid, current license to practice

5363 contracting issued by another state or territory of the United

5364 States for at least 10 years before the date of application and

5365 is applying for the same or similar license in this state,

5366 subject to subsections (5)-(8) ~~(5)-(9).~~ The department ~~board~~ may

5367 consider an applicant's technical competence to ensure the

5368 applicant is able to meet the requirements of this state's codes

5369 and standards for wind mitigation and water intrusion. The

5370 department ~~board~~ may also consider whether such applicant has

5371 had a license to practice contracting revoked, suspended, or

5372 otherwise acted against by the licensing authority of another

5373 state, territory, or country. Such application must be made

5374 either when the license in another state or territory is active

5375 or within 2 years after such license was last active. Division I

5376 contractors and roofing contractors must complete a 2-hour

5377 course on the Florida Building Code which includes information

5378 on wind mitigation techniques. The required courses may be

5379 completed online.

5380 (4)

5381 ~~(b)1. Each certificateholder or registrant shall provide~~

5382 ~~proof, in a form established by rule of the board, that the~~

5383 ~~certificateholder or registrant has completed at least 14~~

5384 ~~classroom hours of at least 50 minutes each of continuing~~

5385 ~~education courses during each biennium since the issuance or~~

5386 ~~renewal of the certificate or registration. The board shall~~

5387 ~~establish by rule that a portion of the required 14 hours must~~

5388 ~~deal with the subject of workers' compensation, business~~

5389 ~~practices, workplace safety, and, for applicable licensure~~

5390 ~~categories, wind mitigation methodologies, and 1 hour of which~~

5391 ~~must deal with laws and rules. The board shall by rule establish~~

5392 ~~criteria for the approval of continuing education courses and~~

5393 ~~providers, including requirements relating to the content of~~

5394 ~~courses and standards for approval of providers, and may by rule~~

5395 ~~establish criteria for accepting alternative nonclassroom~~

5396 ~~continuing education on an hour-for-hour basis. The board shall~~

5397 ~~prescribe by rule the continuing education, if any, which is~~

5398 ~~required during the first biennium of initial licensure. A~~

5399 ~~person who has been licensed for less than an entire biennium~~

5400 ~~must not be required to complete the full 14 hours of continuing~~

5401 ~~education.~~

5402 ~~2. In addition, the board may approve specialized~~

5403 ~~continuing education courses on compliance with the wind~~

5404 ~~resistance provisions for one and two family dwellings contained~~

5405 ~~in the Florida Building Code and any alternate methodologies for~~

5406 ~~providing such wind resistance which have been approved for use~~

5407 ~~by the Florida Building Commission. Division I~~

5408 ~~certificateholders or registrants who demonstrate proficiency~~

5409 ~~upon completion of such specialized courses may certify plans~~

5410 ~~and specifications for one and two family dwellings to be in~~

5411 ~~compliance with the code or alternate methodologies, as~~

5412 ~~appropriate, except for dwellings located in floodways or~~

5413 ~~coastal hazard areas as defined in ss. 60.3D and E of the~~

5414 ~~National Flood Insurance Program.~~

5415 ~~3. The board shall require, by rule adopted pursuant to~~

5416 ~~ss. 120.536(1) and 120.54, a specified number of hours in~~

5417 ~~specialized or advanced module courses, approved by the Florida~~

5418 ~~Building Commission, on any portion of the Florida Building~~

5419 ~~Code, adopted pursuant to part IV of chapter 553, relating to~~

5420 ~~the contractor's respective discipline.~~

5421 (5)(a) As a prerequisite to the initial issuance or the

5422 renewal of a certificate or registration, the applicant shall

5423 submit an affidavit on a form provided by the department ~~board~~

5424 attesting to the fact that the applicant has obtained workers'

5425 compensation insurance as required by chapter 440, public

5426 liability insurance, and property damage insurance for the

5427 safety and welfare of the public, in amounts determined by rule

5428 of the department ~~board.~~ The department ~~board~~ shall by rule

5429 establish a procedure to verify the accuracy of such affidavits

5430 based upon a random sample method.

5431 (b) In addition to the affidavit of insurance, as a

5432 prerequisite to the initial issuance of a certificate, the

5433 applicant shall furnish a credit report from a nationally

5434 recognized credit agency that reflects the financial

5435 responsibility of the applicant and evidence of financial

5436 responsibility, credit, and business reputation of either

5437 himself or herself or the business organization he or she

5438 desires to qualify. The department ~~board~~ shall adopt rules

5439 defining financial responsibility based upon the applicant's

5440 credit history, ability to be bonded, and any history of

5441 bankruptcy or assignment of receivers. The department ~~board~~ may

5442 also adopt rules that would allow applicants to demonstrate

5443 financial responsibility, as an alternative to the foregoing, by

5444 providing minimum credit scores or bonds payable as prescribed

5445 for financially responsible officers. Such rules shall specify

5446 the financial responsibility grounds on which the department

5447 ~~board~~ may refuse to qualify an applicant for certification.

5448 (c) If, within 60 days from the date the applicant is

5449 notified that he or she has qualified, he or she does not

5450 provide the evidence required, he or she shall apply to the

5451 department for an extension of time which shall be granted upon

5452 a showing of just cause.

5453 (d) An applicant for initial issuance of a certificate or

5454 registration shall submit as a prerequisite to qualifying for an

5455 exemption from workers' compensation coverage requirements under

5456 s. 440.05 an affidavit attesting to the fact that the applicant

5457 will obtain an exemption within 30 days after the date the

5458 initial certificate or registration is issued by the department

5459 ~~board.~~

5460 (6) An applicant for initial issuance of a certificate or

5461 registration shall submit to a statewide criminal history

5462 records check through the Department of Law Enforcement. The

5463 Department of Business and Professional Regulation shall submit

5464 the requests for the criminal history records check to the

5465 Department of Law Enforcement for state processing, and the

5466 Department of Law Enforcement shall return the results to the

5467 department to determine if the applicant meets certification or

5468 registration requirements. If the applicant has been convicted

5469 of a felony, the Department of Business and Professional

5470 Regulation ~~board~~ may deny licensure to the applicant based upon

5471 the severity of the crime, the relationship of the crime to

5472 contracting, or the potential for public harm. The department

5473 ~~board~~ shall also, in denying or approving licensure, consider

5474 the length of time since the commission of the crime and the

5475 rehabilitation of the applicant. The department ~~board~~ may not

5476 deny licensure to an applicant based solely upon a felony

5477 conviction or the applicant's failure to provide proof of

5478 restoration of civil rights.

5479 (7) An initial applicant shall, along with the

5480 application, and a certificateholder or registrant shall, upon

5481 requesting a change of status, submit to the department ~~board~~ a

5482 credit report from a nationally recognized credit agency that

5483 reflects the financial responsibility of the applicant or

5484 certificateholder or registrant. The credit report required for

5485 the initial applicant shall be considered the minimum evidence

5486 necessary to satisfy the department ~~board~~ that he or she is

5487 financially responsible to be certified, has the necessary

5488 credit and business reputation to engage in contracting in the

5489 state, and has the minimum financial stability necessary to

5490 avoid the problem of financial mismanagement or misconduct. The

5491 department ~~board~~ shall, by rule, adopt guidelines for

5492 determination of financial stability, which may include minimum

5493 requirements for net worth, cash, and bonding for Division I

5494 certificateholders of no more than $20,000 and for Division II

5495 certificateholders of no more than $10,000. Fifty percent of the

5496 financial requirements may be met by completing a 14-hour

5497 financial responsibility course approved by the department

5498 ~~board.~~

5499 ~~(8) If a certificateholder or registrant holds a license~~

5500 ~~under both this part and part II and is required to have~~

5501 ~~continuing education courses under s. 489.517(3), the~~

5502 ~~certificateholder or registrant may apply those course hours for~~

5503 ~~workers' compensation, workplace safety, and business practices~~

5504 ~~obtained under part II to the requirements under this part.~~

5505 (8)(9) An initial applicant shall submit, along with the

5506 application, a complete set of fingerprints to the department.

5507 The fingerprints shall be submitted to the Department of Law

5508 Enforcement for state processing, and the Department of Law

5509 Enforcement shall forward them to the Federal Bureau of

5510 Investigation for national processing for the purpose of

5511 determining if the applicant has a criminal history record. The

5512 Department of Business and Professional Regulation shall ~~and the~~

5513 ~~board may~~ review the background results to determine if an

5514 applicant meets licensure requirements. The cost for the

5515 fingerprint processing shall be borne by the person subject to

5516 the background screening. These fees are to be collected by the

5517 authorized agencies or vendors. The authorized agencies or

5518 vendors are responsible for paying the processing costs to the

5519 Department of Law Enforcement.

5520 Section 185. Subsections (7) and (8) of section 489.116,

5521 Florida Statutes, are renumbered as subsections (6) and (7),

5522 respectively, and subsections (2) through (6) and present

5523 subsection (7) of that section are amended, to read:

5524 489.116 Inactive and delinquent status; renewal and

5525 cancellation notices.—

5526 (2) The department ~~board~~ shall permit a certificateholder

5527 or registrant to elect, at the time of licensure renewal, an

5528 active or inactive status.

5529 (3) An inactive status certificateholder or registrant may

5530 change to active status at any time, if the certificateholder or

5531 registrant meets all requirements for active status, pays any

5532 additional licensure fees necessary to equal those imposed on an

5533 active status certificateholder or registrant, pays any

5534 applicable late fees, and meets all ~~continuing education~~

5535 requirements prescribed by the department ~~board.~~

5536 (4) A certificateholder or registrant shall apply with a

5537 completed application, as determined by department ~~board~~ rule,

5538 to renew an active or inactive status certificate or

5539 registration before the certificate or registration expires.

5540 Failure of a certificateholder or registrant to so apply shall

5541 cause the certificate or registration to become a delinquent

5542 certificate or registration. Further, any delinquent

5543 certificateholder or registrant who fails to apply to renew

5544 licensure on either active or inactive status before expiration

5545 of the current licensure cycle must reapply in the same manner

5546 as an applicant for initial certification or registration.

5547 (5) A delinquent status certificateholder or registrant

5548 must apply with a completed application, as determined by

5549 department ~~board~~ rule, for active or inactive status during the

5550 current licensure cycle. Failure by a delinquent status

5551 certificateholder or registrant to become active or inactive

5552 before the expiration of the current licensure cycle renders the

5553 certificate or registration void, and any subsequent licensure

5554 shall be subject to all procedures and requirements imposed on

5555 an applicant for initial licensure.

5556 ~~(6) The board may not require an inactive~~

5557 ~~certificateholder or registrant to complete more than one~~

5558 ~~renewal cycle of continuing education for reactivating a~~

5559 ~~certificate or registration.~~

5560 (6)(7) The status or any change in status of a

5561 certificateholder or registrant may ~~shall~~ not alter in any way

5562 the department's ~~board's~~ right to impose discipline or to

5563 enforce discipline previously imposed on a certificateholder or

5564 registrant for acts or omissions committed by the

5565 certificateholder or registrant while holding a certificate or

5566 registration.

5567 Section 186. Paragraphs (a) and (c) of subsection (1),

5568 subsection (2), paragraph (a) of subsection (3), and subsection

5569 (4) of section 489.117, Florida Statutes, are amended to read:

5570 489.117 Registration; specialty contractors.—

5571 (1)(a) A person engaged in the business of a contractor as

5572 defined in s. 489.105(2)(a)-(o) ~~s. 489.105(3)(a)-(o)~~ must be

5573 registered before engaging in business as a contractor in this

5574 state, unless he or she is certified. Except as provided in

5575 paragraph (2)(b), to be initially registered, the applicant must

5576 submit the required fee and file evidence of successful

5577 compliance with the local examination and licensing

5578 requirements, if any, in the area for which registration is

5579 desired. An examination is not required for registration.

5580 (c) Each registrant shall report to the department ~~board~~

5581 each local jurisdiction and each category of registration in

5582 which the registrant holds a certificate of competency or

5583 license, or where the registrant has been granted a certificate

5584 of competency or license by reciprocal agreement, for which

5585 registration is required by this part, within 30 days after

5586 obtaining such certificate or license.

5587 (2)(a) Except as provided in paragraph (b), the department

5588 ~~board~~ may not issue a new registration after July 1, 1993, based

5589 on any certificate of competency or license for a category of

5590 contractor defined in s. 489.105(2)(a)-(o) ~~s. 489.105(3)(a)-(o)~~

5591 which is issued by a municipal or county government that does

5592 not exercise disciplinary control and oversight over such

5593 locally licensed contractors, including forwarding a recommended

5594 order in each action to the department ~~board~~ as provided in s.

5595 489.131(7). For purposes of this subsection and s. 489.131(10),

5596 the department ~~board~~ shall determine the adequacy of such

5597 disciplinary control by reviewing the local government's ability

5598 to process and investigate complaints and to take disciplinary

5599 action against locally licensed contractors.

5600 (b) The department ~~board~~ shall issue a registration to an

5601 eligible applicant to engage in the business of a contractor in

5602 a specified local jurisdiction, provided each of the following

5603 conditions are satisfied:

5604 1. The applicant held, in any local jurisdiction in this

5605 state during 2021, 2022, or 2023, a certificate of registration

5606 issued by the state or a local license issued by a local

5607 jurisdiction to perform work in a category of contractor defined

5608 in s. 489.105(2)(a)-(o) ~~s. 489.105(3)(a)-(o).~~

5609 2. The applicant submits all of the following to the

5610 department ~~board:~~

5611 a. Evidence of the certificate of registration or local

5612 license held by the applicant as required by subparagraph 1.

5613 b. Evidence that the specified local jurisdiction does not

5614 have a license type available for the category of work for which

5615 the applicant was issued a certificate of registration or local

5616 license during 2021, 2022, or 2023, such as a notification on

5617 the website of the local jurisdiction or an e-mail or letter

5618 from the office of the local building official or local building

5619 department stating that such license type is not available in

5620 that local jurisdiction.

5621 c. Evidence that the applicant has submitted the required

5622 fee.

5623 d. Evidence of compliance with the insurance and financial

5624 responsibility requirements of s. 489.115(5).

5626 An examination is not required for an applicant seeking a

5627 registration under this paragraph.

5628 (c) The department ~~board~~ is responsible for disciplining

5629 licensees issued a registration under paragraph (b). The

5630 department ~~board~~ shall make such licensure and disciplinary

5631 information available through the automated information system

5632 provided pursuant to s. 455.2286.

5633 (d) The fees for an applicant seeking a registration under

5634 paragraph (b) and renewal of such registration every 2 years are

5635 the same as the fees established by the department ~~board~~ for

5636 applications, registration and renewal, and record making and

5637 recordkeeping, as set forth in s. 489.109. The department shall

5638 provide license, renewal, and cancellation notices pursuant to

5639 ss. 455.273 and 455.275.

5640 (3)(a) Upon findings of fact supporting the need therefor,

5641 the department ~~board~~ may grant a limited nonrenewable

5642 registration to a contractor not domiciled in the state, for one

5643 project. During the period of such registration the department

5644 ~~board~~ may require compliance with this and any other statute of

5645 the state.

5646 (4)(a)1. A person whose job scope does not substantially

5647 correspond to either the job scope of one of the contractor

5648 categories defined in s. 489.105(2)(a)-(o) ~~s. 489.105(3)(a)-(o),~~

5649 or the job scope of one of the certified specialty contractor

5650 categories established by department ~~board~~ rule, is not required

5651 to register with the department ~~board.~~ A local government, as

5652 defined in s. 163.211, may not require a person to obtain a

5653 license, issued by the local government or the state, for a job

5654 scope which does not substantially correspond to the job scope

5655 of one of the contractor categories defined in s. 489.105(2)(a)-

5656 (o) and (q) ~~s. 489.105(3)(a)-(o) and (q)~~ or authorized in s.

5657 489.1455(1), or the job scope of one of the certified specialty

5658 contractor categories established pursuant to s. 489.113(6). A

5659 local government may not require a state or local license to

5660 obtain a permit for such job scopes. For purposes of this

5661 section, job scopes for which a local government may not require

5662 a license include, but are not limited to, painting; flooring;

5663 cabinetry; interior remodeling when the scope of the project

5664 does not include a task for which a state license is required;

5665 driveway or tennis court installation; handyman services;

5666 decorative stone, tile, marble, granite, or terrazzo

5667 installation; plastering; pressure washing; stuccoing; caulking;

5668 and canvas awning and ornamental iron installation.

5669 2. A county that includes an area designated as an area of

5670 critical state concern under s. 380.05 may offer a license for

5671 any job scope which requires a contractor license under this

5672 part if the county imposed such a licensing requirement before

5673 January 1, 2021.

5674 3. A local government may continue to offer a license for

5675 veneer, including aluminum or vinyl gutters, siding, soffit, or

5676 fascia; rooftop painting, coating, and cleaning above three

5677 stories in height; or fence installation and erection if the

5678 local government imposed such a licensing requirement before

5679 January 1, 2021.

5680 4. A local government may not require a license as a

5681 prerequisite to submit a bid for public works projects if the

5682 work to be performed does not require a license under general

5683 law.

5684 (b) The local jurisdictions are responsible for providing

5685 the following information to the department ~~board~~ within 30 days

5686 after licensure of, or any disciplinary action against, a

5687 locally licensed contractor who is registered under this part:

5688 1. Licensure information.

5689 2. Code violation information pursuant to s. 553.781.

5690 3. Disciplinary information.

5692 The department ~~board~~ shall maintain such licensure and

5693 disciplinary information as it is provided to the department

5694 ~~board~~ and shall make the information available through the

5695 automated information system provided pursuant to s. 455.2286.

5696 (c) Providing discipline to such locally licensed

5697 contractors is the responsibility of the local jurisdiction.

5698 (d) Any person who is not required to obtain registration

5699 or certification pursuant to s. 489.105(2)(d)-(o) s.

5700 ~~489.105(3)(d)-(o)~~ may perform contracting services for the

5701 construction, remodeling, repair, or improvement of single-

5702 family residences, including a townhouse as defined in the

5703 Florida Building Code, without obtaining a local license if such

5704 person is under the supervision of a certified or registered

5705 general, building, or residential contractor. As used in this

5706 paragraph, supervision may ~~shall~~ not be deemed to require the

5707 existence of a direct contract between the certified or

5708 registered general, building, or residential contractor and the

5709 person performing specialty contracting services.

5710 (e) Any person who is not certified or registered may

5711 perform the work of a specialty contractor whose scope of

5712 practice is limited to the type of work specified under s.

5713 489.105(2)(j), (k), or (l) ~~s. 489.105(3)(j), (k), or (l)~~ for the

5714 construction, remodeling, repair, or improvement of commercial

5715 or residential swimming pools, interactive water features as

5716 defined in the Florida Building Code, hot tubs, and spas without

5717 obtaining a local license or certification as a specialty

5718 contractor if he or she is supervised by a contractor who is

5719 certified or registered under s. 489.105(2)(j), (k), or (l) s.

5720 ~~489.105(3)(j), (k), or (l);~~ the work is within the scope of the

5721 supervising contractor's license; the supervising contractor is

5722 responsible for the work; and the work does not require

5723 certification or registration under s. 489.105(2)(d)-(i), (m)-

5724 (o) ~~s. 489.105(3)(d)-(i), (m)-(o), or s. 489.505.~~ Such

5725 supervision does not require a direct contract between the

5726 contractor certified or registered under s. 489.105(2)(j), (k),

5727 or (l) ~~s. 489.105(3)(j), (k), or (l)~~ and the person performing

5728 the work, or for the person performing the work to be an

5729 employee of the contractor certified or registered under s.

5730 489.105(2)(j), (k), or (l) ~~s. 489.105(3)(j), (k), or (l).~~ This

5731 paragraph does not limit the exemptions provided in s. 489.103

5732 and may not be construed to expand the scope of a contractor

5733 certified or registered under s. 489.105(2)(j), (k), or (l) s.

5734 ~~489.105(3)(j), (k), or (l)~~ to provide plumbing or electrical

5735 services for which certification or registration is required by

5736 this part or part II.

5737 Section 187. Section 489.118, Florida Statutes, is amended

5738 to read:

5739 489.118 Certification of registered contractors;

5740 grandfathering provisions.—The department ~~board~~ shall, upon

5741 receipt of a completed application and appropriate fee, issue a

5742 certificate in the appropriate category to any contractor

5743 registered under this part who makes application to the

5744 department ~~board~~ and can show that he or she meets each of the

5745 following requirements:

5746 (1) Currently holds a valid registered local license in

5747 one of the contractor categories defined in s. 489.105(3)(a)-(p)

5748 ~~s. 489.105(3)(a)-(p).~~

5749 (2) Has, for that category, passed a written examination

5750 that the department ~~board~~ finds to be substantially similar to

5751 the examination required to be licensed as a certified

5752 contractor under this part. For purposes of this subsection, a

5753 written, proctored examination such as that produced by the

5754 National Assessment Institute, Block and Associates, NAI/Block,

5755 Experior Assessments, Professional Testing, Inc., or Assessment

5756 Systems, Inc., shall be considered to be substantially similar

5757 to the examination required to be licensed as a certified

5758 contractor. The department ~~board~~ may not impose or make any

5759 requirements regarding the nature or content of these cited

5760 examinations.

5761 (3) Has at least 5 years of experience as a contractor in

5762 that contracting category, or as an inspector or building

5763 administrator with oversight over that category, at the time of

5764 application. For contractors, only time periods in which the

5765 contractor license is active and the contractor is not on

5766 probation shall count toward the 5 years required by this

5767 subsection.

5768 (4) Has not had his or her contractor's license revoked at

5769 any time, had his or her contractor's license suspended within

5770 the last 5 years, or been assessed a fine in excess of $500

5771 within the last 5 years.

5772 (5) Is in compliance with the insurance and financial

5773 responsibility requirements in s. 489.115(5).

5774 Section 188. Paragraphs (b), (c), and (e) of subsection

5775 (2), paragraph (a) of subsection (3), paragraphs (a), (b), and

5776 (e) of subsection (5), subsection (6), and paragraph (b) of

5777 subsection (7) of section 489.119, Florida Statutes, are amended

5778 to read:

5779 489.119 Business organizations; qualifying agents.—

5780 (2) If the applicant proposes to engage in contracting as

5781 a business organization, including any partnership, corporation,

5782 business trust, or other legal entity, or in any name other than

5783 the applicant's legal name or a fictitious name where the

5784 applicant is doing business as a sole proprietorship, the

5785 applicant must apply for registration or certification as the

5786 qualifying agent of the business organization.

5787 (b)1. An application for registration or certification to

5788 qualify a business organization must include an affidavit on a

5789 form provided by the department ~~board~~ attesting that the

5790 applicant has final approval authority for all construction work

5791 performed by the business organization and that the applicant

5792 has final approval authority on all business matters, including

5793 contracts, specifications, checks, drafts, or payments,

5794 regardless of the form of payment, made by the business

5795 organization, except where a financially responsible officer is

5796 approved.

5797 2. The application for financially responsible officer

5798 must include an affidavit on a form provided by the department

5799 ~~board~~ attesting that the applicant's approval is required for

5800 all checks, drafts, or payments, regardless of the form of

5801 payment, made by the business organization and that the

5802 applicant has authority to act for the business organization in

5803 all financial matters.

5804 3. The application for secondary qualifying agent must

5805 include an affidavit on a form provided by the department ~~board~~

5806 attesting that the applicant has authority to supervise all

5807 construction work performed by the business organization as

5808 provided in s. 489.1195(2).

5809 (c) The department ~~board~~ may deny an application for

5810 registration or certification to qualify a business organization

5811 if the applicant, or any person listed in paragraph (a), has

5812 been involved in past disciplinary actions or on any grounds for

5813 which an individual registration or certification may be denied.

5814 (e) A joint venture, including a joint venture composed of

5815 qualified business organizations, is itself a separate and

5816 distinct organization that must be qualified in accordance with

5817 department ~~board~~ rules.

5818 (3)(a) A qualifying agent must be certified or registered

5819 under this part in order for the business organization to

5820 operate in the category of contracting in which the qualifying

5821 agent is certified or registered. If any qualifying agent ceases

5822 to be affiliated with a business organization, he or she shall

5823 inform the department. In addition, if the qualifying agent is

5824 the only certified or registered contractor affiliated with the

5825 business organization, the business organization shall notify

5826 the department of the termination of the qualifying agent and

5827 shall have 60 days from the termination of the qualifying

5828 agent's affiliation with the business organization in which to

5829 employ another qualifying agent. The business organization may

5830 not engage in contracting until a qualifying agent is employed,

5831 unless the department ~~executive director or chair of the board~~

5832 has granted a temporary nonrenewable certificate or registration

5833 to the financially responsible officer, the president, a

5834 partner, or, in the case of a limited partnership, the general

5835 partner, who assumes all responsibilities of a primary

5836 qualifying agent for the business organization. This temporary

5837 certificate or registration shall only allow the business

5838 organization to proceed with incomplete contracts. For the

5839 purposes of this paragraph, an incomplete contract is one which

5840 has been awarded to, or entered into by, the business

5841 organization before ~~prior to~~ the cessation of affiliation of the

5842 qualifying agent with the business organization or one on which

5843 the business organization was the low bidder and the contract is

5844 subsequently awarded, regardless of whether any actual work has

5845 commenced under the contract before ~~prior to~~ the qualifying

5846 agent ceasing to be affiliated with the business organization.

5847 (5)(a) Each registered or certified contractor shall affix

5848 the number of his or her registration or certification to each

5849 application for a building permit and on each building permit

5850 issued and recorded. Each city or county building department

5851 shall require, as a precondition for the issuance of the

5852 building permit, that the contractor taking out the permit must

5853 provide verification giving his or her department ~~Construction~~

5854 ~~Industry Licensing Board~~ registration or certification number.

5855 (b) The registration or certification number of each

5856 contractor shall appear in each offer of services, business

5857 proposal, bid, contract, or advertisement, regardless of medium,

5858 as defined by department ~~board~~ rule, used by that contractor or

5859 business organization in the practice of contracting.

5860 (e) The department ~~board~~ shall issue a notice of

5861 noncompliance for the first offense, and may assess a fine or

5862 issue a citation for failure to correct the offense within 30

5863 days or for any subsequent offense, to any contractor or

5864 business organization that fails to include the certification or

5865 registration number as required by this part when submitting an

5866 advertisement for publication, broadcast, or printing or fails

5867 to display the certification or registration number as required

5868 by this part.

5869 (6) Each qualifying agent shall pay the department an

5870 amount equal to the original fee for registration or

5871 certification to qualify a new business organization. If the

5872 qualifying agent for a business organization desires to qualify

5873 additional business organizations, the department ~~board~~ shall

5874 require the qualifying agent to present evidence of his or her

5875 ability to supervise the construction activities of each such

5876 organization. Approval of each business organization is

5877 discretionary with the department ~~board.~~

5878 (7)

5879 (b) Any business organization engaging in contracting

5880 under this subsection shall provide the department ~~board~~ with

5881 the name and license number of each registered or certified

5882 contractor employed by the business organization to supervise

5883 its contracting activities. The business organization is not

5884 required to post a bond or otherwise evidence any financial or

5885 credit information except as necessary to demonstrate compliance

5886 with paragraph (a).

5887 Section 189. Paragraphs (b) and (d) of subsection (1),

5888 paragraphs (a) and (b) of subsection (2), and paragraphs (a) and

5889 (b) of subsection (3) of section 489.1195, Florida Statutes, are amended to read:

5891 489.1195 Responsibilities.—

5892 (1) A qualifying agent is a primary qualifying agent

5893 unless he or she is a secondary qualifying agent under this

5894 section.

5895 (b) Upon approval by the department ~~board,~~ a business

5896 entity may designate a financially responsible officer for

5897 purposes of certification or registration. A financially

5898 responsible officer shall be responsible for all financial

5899 aspects of the business organization and may not be designated

5900 as the primary qualifying agent. The designated financially

5901 responsible officer shall furnish evidence of the financial

5902 responsibility, credit, and business reputation of either

5903 himself or herself, or the business organization he or she

5904 desires to qualify, as determined appropriate by the department

5905 ~~board.~~

5906 (d) The department ~~board~~ shall adopt rules prescribing the

5907 qualifications for financially responsible officers, including

5908 net worth, cash, and bonding requirements. These qualifications

5909 must be at least as extensive as the requirements for the

5910 financial responsibility of qualifying agents.

5911 (2)(a) One of the qualifying agents for a business

5912 organization that has more than one qualifying agent may be

5913 designated as the sole primary qualifying agent for the business

5914 organization by a joint agreement that is executed, on a form

5915 provided by the department ~~board,~~ by all qualifying agents for

5916 the business organization.

5917 (b) The joint agreement must be submitted to the

5918 department ~~board~~ for approval. If the department ~~board~~

5919 determines that the joint agreement is in good order, it shall

5920 approve the designation and immediately notify the qualifying

5921 agents of such approval. The designation made by the joint

5922 agreement is effective upon receipt of the notice by the

5923 qualifying agents.

5924 (3)(a) A qualifying agent who has been designated by a

5925 joint agreement as the sole primary qualifying agent for a

5926 business organization may terminate this status as such by

5927 giving actual notice to the business organization, to the

5928 department ~~board,~~ and to all secondary qualifying agents of his

5929 or her intention to terminate this status. The notice to the

5930 department ~~board~~ must include proof satisfactory to the

5931 department ~~board~~ that he or she has given the notice required in

5932 this paragraph.

5933 (b) The status of the qualifying agent shall cease upon

5934 the designation of a new primary qualifying agent or 60 days

5935 after satisfactory notice of termination has been provided to

5936 the department ~~board,~~ whichever first occurs.

5937 Section 190. Section 489.121, Florida Statutes, is amended

5938 to read:

5939 489.121 Emergency registration upon death of contractor.—

5940 If an incomplete contract exists at the time of death of a

5941 contractor, the contract may be completed by any person even

5942 though not certified or registered. Such person shall notify the

5943 department ~~board,~~ within 30 days after the death of the

5944 contractor, of his or her name and address, knowledge of the

5945 contract, and ability to complete it. If the department ~~board~~

5946 approves, he or she may proceed with the contract. For purposes

5947 of this section, an incomplete contract is one which has been

5948 awarded to, or entered into by, the contractor before his or her

5949 death, or on which he or she was the low bidder and the contract

5950 is subsequently awarded to him or her, regardless of whether any

5951 actual work has commenced under the contract before the

5952 contractor's death.

5953 Section 191. Subsection (1) of section 489.126, Florida

5954 Statutes, is amended to read:

5955 489.126 Moneys received by contractors.—

5956 (1) For purposes of this section, the term "contractor"

5957 includes all definitions as set forth in s. 489.105(2) s.

5958 ~~489.105(3),~~ and any person performing or contracting or

5959 promising to perform work described therein, without regard to

5960 the licensure of the person.

5961 Section 192. Subsection (6) of section 489.127, Florida

5962 Statutes, is amended to read:

5963 489.127 Prohibitions; penalties.—

5964 (6) Local building departments may collect outstanding

5965 fines against registered or certified contractors issued by the

5966 department ~~Construction Industry Licensing Board~~ and may retain

5967 75 percent of the fines they are able to collect, provided that

5968 they transmit 25 percent of the fines they are able to collect

5969 to the department according to a procedure to be determined by

5970 the department.

5971 Section 193. Section 489.129, Florida Statutes, is amended

5972 to read:

5973 489.129 Disciplinary proceedings.—

5974 (1) The department ~~board~~ may take any of the following

5975 actions against any certificateholder or registrant: place on

5976 probation or reprimand the licensee, revoke, suspend, or deny

5977 the issuance or renewal of the certificate or registration,

5978 require financial restitution to a consumer for financial harm

5979 directly related to a violation of a provision of this part,

5980 impose an administrative fine not to exceed $10,000 per

5981 violation, require continuing education, or assess costs

5982 associated with investigation and prosecution, if the

5983 contractor, financially responsible officer, or business

5984 organization for which the contractor is a primary qualifying

5985 agent, a financially responsible officer, or a secondary

5986 qualifying agent responsible under s. 489.1195 is found guilty

5987 of any of the following acts:

5988 (a) Obtaining a certificate or registration by fraud or

5989 misrepresentation.

5990 (b) Being convicted or found guilty of, or entering a plea

5991 of nolo contendere to, regardless of adjudication, a crime in

5992 any jurisdiction which directly relates to the practice of

5993 contracting or the ability to practice contracting.

5994 (c) Violating any provision of chapter 455.

5995 (d) Performing any act which assists a person or entity in

5996 engaging in the prohibited uncertified and unregistered practice

5997 of contracting, if the certificateholder or registrant knows or

5998 has reasonable grounds to know that the person or entity was

5999 uncertified and unregistered.

6000 (e) Knowingly combining or conspiring with an uncertified

6001 or unregistered person by allowing his or her certificate or

6002 registration to be used by the uncertified or unregistered

6003 person with intent to evade the provisions of this part. When a

6004 certificateholder or registrant allows his or her certificate or

6005 registration to be used by one or more business organizations

6006 without having any active participation in the operations,

6007 management, or control of such business organizations, such act

6008 constitutes prima facie evidence of an intent to evade the

6009 provisions of this part.

6010 (f) Acting in the capacity of a contractor under any

6011 certificate or registration issued hereunder except in the name

6012 of the certificateholder or registrant as set forth on the

6013 issued certificate or registration, or in accordance with the

6014 personnel of the certificateholder or registrant as set forth in

6015 the application for the certificate or registration, or as later

6016 changed as provided in this part.

6017 (g) Committing mismanagement or misconduct in the practice

6018 of contracting that causes financial harm to a customer.

6019 Financial mismanagement or misconduct occurs when:

6020 1. Valid liens have been recorded against the property of

6021 a contractor's customer for supplies or services ordered by the

6022 contractor for the customer's job; the contractor has received

6023 funds from the customer to pay for the supplies or services; and

6024 the contractor has not had the liens removed from the property,

6025 by payment or by bond, within 75 days after the date of such

6026 liens;

6027 2. The contractor has abandoned a customer's job and the

6028 percentage of completion is less than the percentage of the

6029 total contract price paid to the contractor as of the time of

6030 abandonment, unless the contractor is entitled to retain such

6031 funds under the terms of the contract or refunds the excess

6032 funds within 30 days after the date the job is abandoned; or

6033 3. The contractor's job has been completed, and it is

6034 shown that the customer has had to pay more for the contracted

6035 job than the original contract price, as adjusted for subsequent

6036 change orders, unless such increase in cost was the result of

6037 circumstances beyond the control of the contractor, was the

6038 result of circumstances caused by the customer, or was otherwise

6039 permitted by the terms of the contract between the contractor

6040 and the customer.

6041 (h) Being disciplined by any municipality or county for an

6042 act or violation of this part.

6043 (i) Failing in any material respect to comply with the

6044 provisions of this part or violating a rule or lawful order of

6045 the department ~~board.~~

6046 (j) Abandoning a construction project in which the

6047 contractor is engaged or under contract as a contractor. A

6048 project may be presumed abandoned after 90 days if the

6049 contractor terminates the project without just cause or without

6050 proper notification to the owner, including the reason for

6051 termination, or fails to perform work without just cause for 90

6052 consecutive days.

6053 (k) Signing a statement with respect to a project or

6054 contract falsely indicating that the work is bonded; falsely

6055 indicating that payment has been made for all subcontracted

6056 work, labor, and materials which results in a financial loss to

6057 the owner, purchaser, or contractor; or falsely indicating that

6058 workers' compensation and public liability insurance are

6059 provided.

6060 (l) Committing fraud or deceit in the practice of

6061 contracting.

6062 (m) Committing incompetency or misconduct in the practice

6063 of contracting.

6064 (n) Committing gross negligence, repeated negligence, or

6065 negligence resulting in a significant danger to life or

6066 property.

6067 (o) Proceeding on any job without obtaining applicable

6068 local building department permits and inspections.

6069 (p) Intimidating, threatening, coercing, or otherwise

6070 discouraging the service of a notice to owner under part I of

6071 chapter 713 or a notice to contractor under chapter 255 or part

6072 I of chapter 713.

6073 (q) Failing to satisfy within a reasonable time, the terms

6074 of a civil judgment obtained against the licensee, or the

6075 business organization qualified by the licensee, relating to the

6076 practice of the licensee's profession.

6077 (r) Committing misapplication of construction funds in

6078 violation of s. 713.345. If a contractor, subcontractor, sub-

6079 subcontractor, or other person licensed by the department ~~board~~

6080 under this chapter is convicted of misapplication of

6081 construction funds, the department ~~board~~ must suspend all

6082 licenses issued to such licensee under this chapter for a

6083 minimum of 1 year from the date of conviction. The suspension

6084 required under this paragraph is not exclusive, and the

6085 department ~~board~~ may impose any additional penalties set forth

6086 in this subsection.

6088 For the purposes of this subsection, construction is considered

6089 to be commenced when the contract is executed and the contractor

6090 has accepted funds from the customer or lender. A contractor

6091 does not commit a violation of this subsection when the

6092 contractor relies on a building code interpretation rendered by

6093 a building official or person authorized by s. 553.80 to enforce

6094 the building code, absent a finding of fraud or deceit in the

6095 practice of contracting, or gross negligence, repeated

6096 negligence, or negligence resulting in a significant danger to

6097 life or property on the part of the building official, in a

6098 proceeding under chapter 120.

6099 (2) If a registrant or certificateholder disciplined under

6100 subsection (1) is a qualifying agent or financially responsible

6101 officer for a business organization and the violation was

6102 performed in connection with a construction project undertaken

6103 by that business organization, the department ~~board~~ may impose

6104 an additional administrative fine not to exceed $5,000 per

6105 violation against the business organization or against any

6106 partner, officer, director, trustee, or member if such person

6107 participated in the violation or knew or should have known of

6108 the violation and failed to take reasonable corrective action.

6109 (3) The department ~~board~~ may specify by rule the acts or

6110 omissions which constitute violations of this section.

6111 (4) In recommending penalties in any proposed recommended

6112 final order, the department shall follow the penalty guidelines

6113 established by the department ~~board~~ by rule. The department

6114 shall advise the administrative law judge of the appropriate

6115 penalty, including mitigating and aggravating circumstances, and

6116 the specific rule citation.

6117 (5) The department ~~board~~ may not reinstate the

6118 certification or registration of, or cause a certificate or

6119 registration to be issued to, a person who or business

6120 organization which the department ~~board~~ has determined is

6121 unqualified or whose certificate or registration the department

6122 ~~board~~ has suspended until it is satisfied that such person or

6123 business organization has complied with all the terms and

6124 conditions set forth in the final order and is capable of

6125 competently engaging in the business of contracting.

6126 (6)(a) The department ~~board~~ may assess interest or

6127 penalties on all fines imposed under this chapter against any

6128 person or business organization which has not paid the imposed

6129 fine by the due date established by rule or final order. The

6130 provisions of chapter 120 do not apply to such assessment.

6131 Interest rates to be imposed shall be established by rule and

6132 may ~~shall~~ not be usurious.

6133 (b) Venue for all actions to enforce any fine levied by

6134 the department ~~board~~ shall be in Duval County. The department

6135 ~~board~~ is authorized to enter into contracts with private

6136 businesses or attorneys to collect such fines with payment for

6137 such collections made on a contingent fee basis. All such

6138 contracts shall be publicly advertised and competitively awarded

6139 based upon responses submitted to a request for proposals

6140 developed by the department ~~board.~~

6141 (7) The department may ~~board shall~~ not issue or renew a

6142 certificate or registration to any person or business

6143 organization that has been assessed a fine, interest, or costs

6144 associated with investigation and prosecution, or has been

6145 ordered to pay restitution, until such fine, interest, or costs

6146 associated with investigation and prosecution or restitution are

6147 paid in full or until all terms and conditions of the final

6148 order have been satisfied.

6149 (8) If the department ~~board~~ finds any certified or

6150 registered contractor guilty of a violation, the department

6151 ~~board~~ may, as part of its disciplinary action, require such

6152 contractor to obtain continuing education in the areas of

6153 contracting affected by such violation.

6154 (9) Any person certified or registered pursuant to this

6155 part who has had his or her license revoked may ~~shall~~ not be

6156 eligible to be a partner, officer, director, or trustee of a

6157 business organization defined by this section or be employed in

6158 a managerial or supervisory capacity for a 5-year period. Such

6159 person shall also be ineligible to reapply for certification or

6160 registration under this part for a period of 5 years after the

6161 effective date of the revocation.

6162 (10) If a business organization or any of its partners,

6163 officers, directors, trustees, or members is or has previously

6164 been fined for violating subsection (2) or s. 489.132, the board

6165 may, on that basis alone, revoke, suspend, place on probation,

6166 or deny issuance of a certificate or registration to a

6167 qualifying agent or financially responsible officer of that

6168 business organization.

6169 (11)(a) Notwithstanding the provisions of chapters 120 and

6170 455, upon receipt of a legally sufficient consumer complaint

6171 alleging a violation of this part, the department may provide by

6172 rule for binding arbitration between the complainant and the

6173 certificateholder or registrant, provided the following

6174 conditions exist:

6175 1. There is evidence that the complainant has suffered or

6176 is likely to suffer monetary damages resulting from the

6177 violation of this part;

6178 2. The certificateholder or registrant does not have a

6179 history of repeated or similar violations;

6180 3. Reasonable grounds exist to believe that the public

6181 interest will be better served by arbitration than by

6182 disciplinary action; and

6183 4. The complainant and certificateholder or registrant

6184 have not previously entered into private arbitration, and no

6185 civil court action based on the same transaction has been filed.

6186 (b) The certificateholder or registrant and the

6187 complainant may consent in writing to binding arbitration within

6188 15 days following notification of this process by the

6189 department. The department may suspend all action in the matter

6190 for 45 days when notice of consent to binding arbitration is

6191 received by the department. If the arbitration process is

6192 successfully concluded within the 60-day period, the department

6193 may close the case file with a notation of the disposition and

6194 the licensee's record shall reflect only that a complaint was

6195 filed and resolved through arbitration.

6196 (c) Where a complaint meets the criteria for arbitration

6197 set forth in paragraph (a) and the damages at issue are less

6198 than $2,500, the department shall refer the complaint for

6199 mandatory arbitration.

6200 (d) The arbitrator's order shall become a final order of

6201 the department ~~board~~ if not challenged by the complainant or the

6202 certificateholder or registrant within 30 days after filing. The

6203 department's ~~board's~~ review of the arbitrator's order shall

6204 operate in the manner of the review of recommended orders

6205 pursuant to s. 120.57(1) and may ~~shall~~ not be a de novo review.

6206 (12) When an investigation of a contractor is undertaken,

6207 the department shall promptly furnish to the contractor or the

6208 contractor's attorney a copy of the complaint or document that

6209 resulted in the initiation of the investigation. The department

6210 shall make the complaint and supporting documents available to

6211 the contractor. The complaint or supporting documents shall

6212 contain information regarding the specific facts that serve as

6213 the basis for the complaint. The contractor may submit a written

6214 response to the information contained in such complaint or

6215 document within 20 days after service to the contractor of the

6216 complaint or document. The contractor's written response shall

6217 be considered by the probable cause panel. The right to respond

6218 does not prohibit the issuance of a summary emergency order if

6219 necessary to protect the public. However, if the department

6220 decides ~~secretary, or the secretary's designee, and the chair of~~

6221 ~~the board or the chair of the probable cause panel agree in~~

6222 ~~writing~~ that such notification would be detrimental to the

6223 investigation, the department may withhold notification. The

6224 department may conduct an investigation without notification to

6225 a contractor if the act under investigation is a criminal

6226 offense.

6227 Section 194. Paragraphs (c) and (f) of subsection (3),

6228 paragraphs (b) and (c) of subsection (6), paragraphs (c), (d),

6229 (e), and (f) of subsection (7), and subsections (10), (11), and (12) of section 489.131, Florida Statutes, are amended to read:

6231 489.131 Applicability.—

6232 (3) Nothing in this part limits the power of a

6233 municipality or county:

6234 (c) To collect business taxes, subject to s. 205.065, and

6235 inspection fees for engaging in contracting or examination fees

6236 from persons who are registered with the department ~~board~~

6237 pursuant to local examination requirements and issue business

6238 tax receipts. However, nothing in this part shall be construed

6239 to require general contractors, building contractors, or

6240 residential contractors to obtain additional business tax

6241 receipts for specialty work when such specialty work is

6242 performed by employees of such contractors on projects for which

6243 they have substantially full responsibility and such contractors

6244 do not hold themselves out to the public as being specialty

6245 contractors.

6246 (f) To refuse to issue permits or issue permits with

6247 specific conditions to a contractor who has committed multiple

6248 violations, when he or she has been disciplined for each of them

6249 by the department ~~board~~ and when each disciplinary action has

6250 involved revocation or suspension of a license, imposition of an

6251 administrative fine of at least $1,000, or probation; or to

6252 issue permits with specific conditions to a contractor who,

6253 within the previous 12 months, has had disciplinary action other

6254 than a citation or letter of guidance taken against him or her

6255 by the department or by a local board or agency which licenses

6256 contractors and has reported the action pursuant to paragraph

6257 (6)(c), for engaging in the business or acting in the capacity

6258 of a contractor without a license. However, this subsection does

6259 not supersede the provisions of s. 489.113(4), and no county or

6260 municipality may require any certificateholder to obtain a local

6261 professional license or pay a local professional license fee as

6262 a condition of performing any services within the scope of the

6263 certificateholder's statewide license as established under this

6264 part.

6265 (6)

6266 (b) To engage in contracting in the territorial area, an

6267 applicant shall also be registered with the department ~~board,~~ as

6268 required by s. 489.117.

6269 (c) Each local board or agency that licenses contractors

6270 must transmit quarterly to the department ~~board~~ a report of any

6271 disciplinary action taken against contractors and of any

6272 administrative or disciplinary action taken against unlicensed

6273 persons for engaging in the business or acting in the capacity

6274 of a contractor including any cease and desist orders issued

6275 pursuant to s. 489.113(2)(b) and any fine issued pursuant to s.

6276 489.127(5).

6277 (7)

6278 (c) In addition to any action the local jurisdiction

6279 enforcement body may take against the individual's local

6280 license, and any fine the local jurisdiction may impose, the

6281 local jurisdiction enforcement body shall issue a recommended

6282 penalty for department ~~board~~ action. This recommended penalty

6283 may include a recommendation for no further action, or a

6284 recommendation for suspension, restitution, revocation, or

6285 restriction of the registration, or a fine to be levied by the

6286 department ~~board,~~ or a combination thereof. The recommended

6287 penalty must specify the violations of this chapter upon which

6288 the recommendation is based. The local jurisdiction enforcement

6289 body shall inform the disciplined contractor and the complainant

6290 of the local license penalty imposed, the department ~~board~~

6291 penalty recommended, his or her rights to appeal, and the

6292 consequences should he or she decide not to appeal. The local

6293 jurisdiction enforcement body shall, upon having reached

6294 adjudication or having accepted a plea of nolo contendere,

6295 immediately inform the department ~~board~~ of its action and the

6296 recommended department ~~board~~ penalty.

6297 (d) The ~~department, the~~ disciplined contractor, or the

6298 complainant may challenge the local jurisdiction enforcement

6299 body's recommended penalty for department ~~board~~ action to the

6300 department ~~Construction Industry Licensing Board.~~ A challenge

6301 shall be filed within 60 days after the issuance of the

6302 recommended penalty to the department ~~board.~~ If challenged,

6303 there is a presumptive finding of probable cause and the case

6304 may proceed without the need for a probable cause hearing.

6305 (e) Failure of the department, the disciplined contractor,

6306 or the complainant to challenge the local jurisdiction's

6307 recommended penalty within the time period set forth in this

6308 subsection shall constitute a waiver of the right to a hearing

6309 before the department ~~board.~~ A waiver of the right to a hearing

6310 before the department ~~board~~ shall be deemed an admission of the

6311 violation, and the penalty recommended shall become a final

6312 order according to procedures developed by department ~~board~~ rule

6313 without further department ~~board~~ action. The disciplined

6314 contractor may appeal this department ~~board~~ action to the

6315 district court.

6316 (f)1. The department may investigate any complaint which

6317 is made with the department. However, the department may not

6318 initiate or pursue any complaint against a registered contractor

6319 who is not also a certified contractor where a local

6320 jurisdiction enforcement body has jurisdiction over the

6321 complaint, unless summary procedures are initiated by the

6322 department ~~secretary~~ pursuant to s. 455.225(8), or unless the

6323 local jurisdiction enforcement body has failed to investigate

6324 and prosecute a complaint, or make a finding of no violation,

6325 within 6 months of receiving the complaint. The department shall

6326 refer the complaint to the local jurisdiction enforcement body

6327 for investigation, and if appropriate, prosecution. However, the

6328 department may investigate such complaints to the extent

6329 necessary to determine whether summary procedures should be

6330 initiated.

6331 2. Upon a recommendation by the department, the department

6332 ~~board~~ may make conditional, suspend, or rescind its

6333 determination of the adequacy of the local government

6334 enforcement body's disciplinary procedures granted under s.

6335 489.117(2).

6336 (10) No municipal or county government may issue any

6337 certificate of competency or license for any contractor defined

6338 in s. 489.105(2)(a)-(o) ~~s. 489.105(3)(a)-(o)~~ after July 1, 1993,

6339 unless such local government exercises disciplinary control and

6340 oversight over such locally licensed contractors, including

6341 forwarding a recommended order in each action to the department

6342 ~~board~~ as provided in subsection (7). Each local board that

6343 licenses and disciplines contractors must have at least two

6344 consumer representatives on that board. If the local board has

6345 seven or more members, at least three of those members must be

6346 consumer representatives. The consumer representative may be any

6347 resident of the local jurisdiction who is not, and has never

6348 been, a contractor ~~member or practitioner of a profession~~

6349 ~~regulated by the board~~ or a member of any closely related

6350 profession.

6351 (11) Any municipal or county government which enters or

6352 has in place a reciprocal agreement which accepts a certificate

6353 of competency or license issued by another municipal or county

6354 government in lieu of its own certificate of competency or

6355 license allowing contractors defined in s. 489.105(2)(a)-(o) s.

6356 ~~489.105(3)(a)-(o),~~ shall file a certified copy of such agreement

6357 with the department ~~board~~ not later than 60 days after July 1,

6358 1993, or 30 days after the effective date of such agreement.

6359 (12) Unless specifically provided, ~~the provisions of~~ this

6360 part does ~~shall~~ not ~~be construed to~~ create a civil cause of

6361 action.

6362 Section 195. Subsection (5) of section 489.132, Florida

6363 Statutes, is amended to read:

6364 489.132 Prohibited acts by unlicensed principals;

6365 investigation; hearing; penalties.—

6366 (5) The department may suspend, revoke, or deny issuance

6367 or renewal of a certificate or registration for any individual

6368 or business organization that associates a person as an officer,

6369 director, or partner, or in a managerial or supervisory

6370 capacity, after such person has been found under a final order

6371 to have violated this section or was an officer, director,

6372 partner, trustee, or manager of a business organization

6373 disciplined by the department ~~board~~ by revocation, suspension,

6374 or fine in excess of $2,500, upon finding reasonable cause that

6375 such person knew or reasonably should have known of the conduct

6376 leading to the discipline.

6377 Section 196. Subsections (2) and (4) of section 489.133,

6378 Florida Statutes, are amended to read:

6379 489.133 Pollutant storage systems specialty contractors;

6380 definitions; certification; restrictions.—

6381 (2) The department ~~board~~ shall adopt rules providing

6382 standards for registration of precision tank testers who

6383 precision test a pollutant storage tank. The Department of

6384 Environmental Protection shall approve the methodology,

6385 procedures, and equipment used and shall approve the applicant

6386 as being eligible for registration as a registered precision

6387 tank tester. A registered precision tank tester is subject to

6388 the provisions of ss. 489.129 and 489.132 and is considered a

6389 contractor operating as a primary qualifying agent for the

6390 business entity employing him or her, which is considered a

6391 contracting firm for the purposes of ss. 489.129 and 489.132. A

6392 person who registers under this subsection is exempt from

6393 municipal, county, or development district registration under s.

6394 489.117 and may operate as a precision tank tester statewide.

6395 (4) The department ~~board~~ shall adopt rules providing

6396 standards for certification of pollutant storage systems

6397 specialty contractors, including persons who remove such

6398 systems. The department ~~board~~ shall provide the proposed rules

6399 to the Department of Environmental Protection for review and

6400 comment before ~~prior to~~ adoption. The rules shall include, but

6401 not be limited to:

6402 (a) Standards for operating as a pollutant storage systems

6403 specialty contractor.

6404 (b) Requirements for certification as a pollutant storage

6405 systems specialty contractor.

6406 (c) Requirements for certification without examination of

6407 pollutant storage systems specialty contractors for any person

6408 who has passed a local licensure examination, a licensure

6409 examination in another state, or a licensure examination of a

6410 national organization, which is at least as stringent as the

6411 examination adopted by the department ~~board.~~

6412 Section 197. Subsections (1) and (2) of section 489.1401,

6413 Florida Statutes, are amended to read:

6414 489.1401 Legislative intent.—

6415 (1) It is the intent of the Legislature that actions taken

6416 by the department ~~Construction Industry Licensing Board~~ with

6417 respect to contractor sanctions and pursuant to this chapter are

6418 an exercise of the department's regulatory power for the

6419 protection of public safety and welfare.

6420 (2) It is the intent of the Legislature that the sole

6421 purpose of the Florida Homeowners' Construction Recovery Fund is

6422 to compensate an aggrieved claimant who contracted for the

6423 construction or improvement of the homeowner's residence located

6424 within this state and who has obtained a final judgment in a

6425 court of competent jurisdiction, was awarded restitution by the

6426 department ~~Construction Industry Licensing Board,~~ or received an

6427 award in arbitration against a licensee on grounds of financial

6428 mismanagement or misconduct, abandoning a construction project,

6429 or making a false statement with respect to a project. Such

6430 grievance must arise directly out of a transaction conducted

6431 when the judgment debtor was licensed and must involve an act

6432 enumerated in s. 489.129(1)(g), (j), or (k).

6433 Section 198. Paragraphs (c) through (l) of subsection (1)

6434 of section 489.1402, Florida Statutes, are redesignated as

6435 paragraphs (b) through (k), respectively, and paragraph (b) and

6436 present paragraph (d) of that subsection are amended, to read:

6437 489.1402 Homeowners' Construction Recovery Fund;

6438 definitions.—

6439 (1) The following definitions apply to ss. 489.140-

6440 489.144:

6441 ~~(b) "Board" means the Construction Industry Licensing~~

6442 ~~Board.~~

6443 (c)(d) "Contractor" means a Division I or Division II

6444 contractor performing his or her respective services described

6445 in s. 489.105(2) ~~s. 489.105(3).~~

6446 Section 199. Paragraphs (a), (e), (f), and (g) of

6447 subsection (1), paragraph (f) of subsection (2), and subsection

6448 (3) of section 489.141, Florida Statutes, are amended to read:

6449 489.141 Conditions for recovery; eligibility.—

6450 (1) A claimant is eligible to seek recovery from the

6451 recovery fund after making a claim and exhausting the limits of

6452 any available bond, cash bond, surety, guarantee, warranty,

6453 letter of credit, or policy of insurance if each of the

6454 following conditions is satisfied:

6455 (a) The claimant has received a final judgment in a court

6456 of competent jurisdiction in this state or has received an award

6457 in arbitration or the department ~~Construction Industry Licensing~~

6458 ~~Board~~ has issued a final order directing the licensee to pay

6459 restitution to the claimant. The department ~~board~~ may waive this

6460 requirement if:

6461 1. The claimant is unable to secure a final judgment

6462 against the licensee due to the death of the licensee; or

6463 2. The claimant has sought to have assets involving the

6464 transaction that gave rise to the claim removed from the

6465 bankruptcy proceedings so that the matter might be heard in a

6466 court of competent jurisdiction in this state and, after due

6467 diligence, the claimant is precluded by action of the bankruptcy

6468 court from securing a final judgment against the licensee.

6469 (e) The contract was executed and the violation occurred

6470 on or after July 1, 1993, and provided that:

6471 1. The claimant has caused to be issued a writ of

6472 execution upon such judgment, and the officer executing the writ

6473 has made a return showing that no personal or real property of

6474 the judgment debtor or licensee liable to be levied upon in

6475 satisfaction of the judgment can be found or that the amount

6476 realized on the sale of the judgment debtor's or licensee's

6477 property pursuant to such execution was insufficient to satisfy

6478 the judgment;

6479 2. If the claimant is unable to comply with subparagraph

6480 1. for a valid reason to be determined by the department ~~board,~~

6481 the claimant has made all reasonable searches and inquiries to

6482 ascertain whether the judgment debtor or licensee is possessed

6483 of real or personal property or other assets subject to being

6484 sold or applied in satisfaction of the judgment and by his or

6485 her search has discovered no property or assets or has

6486 discovered property and assets and has taken all necessary

6487 action and proceedings for the application thereof to the

6488 judgment but the amount thereby realized was insufficient to

6489 satisfy the judgment; and

6490 3. The claimant has made a diligent attempt, as defined by

6491 department ~~board~~ rule, to collect the restitution awarded by the

6492 department ~~board.~~

6493 (f) A claim for recovery is made within 1 year after the

6494 conclusion of any civil, criminal, or administrative action or

6495 award in arbitration based on the act. This paragraph applies to

6496 any claim filed with the department ~~board~~ after October 1, 1998.

6497 (g) Any amounts recovered by the claimant from the

6498 judgment debtor or licensee, or from any other source, have been

6499 applied to the damages awarded by the court or the amount of

6500 restitution ordered by the department ~~board.~~

6501 (2) A claimant is not qualified to make a claim for

6502 recovery from the recovery fund if:

6503 (f) The claimant had entered into a contract with a

6504 licensee to perform a scope of work described in s.

6505 489.105(2)(d)-(q) ~~s. 489.105(3)(d)-(q)~~ before July 1, 2016.

6506 (3) The department ~~board~~ may determine by rule

6507 documentation that is required to complete a claim.

6508 Section 200. Section 489.142, Florida Statutes, is amended

6509 to read:

6510 489.142 Department ~~Board~~ powers relating to recovery;

6511 conduct of hearings and service.—

6512 (1) With respect to actions for recovery from the recovery

6513 fund, the department ~~board~~ may intervene, enter an appearance,

6514 file an answer, defend the action, or take any action it deems

6515 appropriate and may take recourse through any appropriate method

6516 of review on behalf of the State of Florida. The department

6517 ~~board~~ may delegate to the department by rule the authority to

6518 close any case when a claimant is not qualified to make a claim

6519 for recovery from the recovery fund under s. 489.141(2); when

6520 after notice the claimant has failed to provide documentation in

6521 support of the claim as required by the department ~~board;~~ or

6522 when the licensee has reached the aggregate limit.

6523 (2) Notwithstanding any other provision of law, the

6524 department ~~board~~ shall cause a notice of hearing to be served 14

6525 days in advance of the hearing on the claimant and on the

6526 licensee whose license is subject to suspension by s. 489.143.

6527 Each notice shall inform the recipient of any administrative

6528 hearing or judicial review that is available under s. 120.569,

6529 s. 120.57, or s. 120.68; shall indicate the procedure that must

6530 be followed to obtain the hearing or judicial review; and shall

6531 state the time limits that apply. Service of the notice on the

6532 licensee shall be made in accordance with s. 455.275. Service of

6533 the notice on the claimant shall be by regular United States

6534 mail at the address provided on the claim. The service of notice

6535 in accordance with this section is complete upon expiration of

6536 14 days after deposit in the United States mail. Proof of

6537 service of a notice shall be made by entry in the records of the

6538 department that the notice was given. The entry shall be

6539 admissible in judicial and administrative proceedings of this

6540 state and shall constitute sufficient proof that notice was

6541 given.

6542 (3) Notwithstanding any other provision of law, department

6543 ~~board~~ hearings on claims shall be conducted in accordance with

6544 ss. 120.569 and 120.57(2). All claim hearings shall be conducted

6545 at the department's ~~board's~~ regular meeting at the place, date,

6546 and time published. Orders of the department ~~board~~ denying or

6547 awarding funds to a claimant constitute final orders that may be

6548 appealed in accordance with s. 120.68. Orders awarding or

6549 denying claims shall be served in the same manner as notices of

6550 hearing in this section.

6551 Section 201. Section 489.1425, Florida Statutes, is

6552 amended to read:

6553 489.1425 Duty of contractor to notify residential property

6554 owner of recovery fund.—

6555 (1) Each agreement or contract for repair, restoration,

6556 improvement, or construction to residential real property must

6557 contain a written statement explaining the consumer's rights

6558 under the recovery fund, except where the value of all labor and

6559 materials does not exceed $2,500. The written statement must be

6560 substantially in the following form:

6561 FLORIDA HOMEOWNERS' CONSTRUCTION

6562 RECOVERY FUND

6563 PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE

6564 FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY

6565 ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS

6566 FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED

6567 CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A

6568 CLAIM, CONTACT THE FLORIDA DEPARTMENT OF BUSINESS AND

6569 PROFESSIONAL REGULATION ~~CONSTRUCTION INDUSTRY LICENSING BOARD~~ AT

6570 THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:

6571 The statement must shall be immediately followed by the

6572 department's ~~board's~~ address and telephone number as established

6573 by department ~~board~~ rule.

6574 (2)(a) Upon finding a first violation of subsection (1),

6575 the department ~~board~~ may fine the contractor up to $500, and the

6576 moneys must be deposited into the recovery fund.

6577 (b) Upon finding a second or subsequent violation of

6578 subsection (1), the department ~~board~~ shall fine the contractor

6579 $1,000 per violation, and the moneys must be deposited into the

6580 recovery fund.

6581 Section 202. Subsections (1), (2), (4), and (6) of section

6582 489.143, Florida Statutes, are amended to read:

6583 489.143 Payment from the fund.—

6584 (1) The fund shall be disbursed as provided in s. 489.141

6585 on a final order of the department ~~board.~~

6586 (2) A claimant who meets all of the conditions prescribed

6587 in s. 489.141 may apply to the department ~~board~~ to cause payment

6588 to be made to a claimant from the recovery fund in an amount

6589 equal to the judgment, award, or restitution order or $25,000,

6590 whichever is less, or an amount equal to the unsatisfied portion

6591 of such person's judgment, award, or restitution order, but only

6592 to the extent and amount of actual damages suffered by the

6593 claimant, and only up to the maximum payment allowed for each

6594 respective Division I and Division II claim. Payment from the

6595 fund for other costs related to or pursuant to civil proceedings

6596 such as postjudgment interest, attorney fees, court costs,

6597 medical damages, and punitive damages is prohibited. The

6598 recovery fund is not obligated to pay a judgment, an award, or a

6599 restitution order, or any portion thereof, which is not

6600 expressly based on one of the grounds for recovery set forth in

6601 s. 489.141.

6602 (4) Upon receipt by a claimant under subsection (2) of

6603 payment from the recovery fund, the claimant shall assign his or

6604 her additional right, title, and interest in the judgment,

6605 award, or restitution order, to the extent of such payment, to

6606 the department ~~board,~~ and thereupon the department ~~board~~ shall

6607 be subrogated to the right, title, and interest of the claimant;

6608 and any amount subsequently recovered on the judgment, award, or

6609 restitution order, to the extent of the right, title, and

6610 interest of the department ~~board~~ therein, shall be for the

6611 purpose of reimbursing the recovery fund.

6612 (6) For contracts entered into before July 1, 2004,

6613 payments for claims against any one licensee may not exceed, in

6614 the aggregate, $100,000 annually, up to a total aggregate of

6615 $250,000. For any claim approved by the department ~~board~~ which

6616 is in excess of the annual cap, the amount in excess of $100,000

6617 up to the total aggregate cap of $250,000 is eligible for

6618 payment in the next and succeeding fiscal years, but only after

6619 all claims for the then-current calendar year have been paid.

6620 Payments may not exceed the aggregate annual or per claimant

6621 limits under law. Beginning January 1, 2005, for each Division I

6622 contract entered into after July 1, 2004, payment from the

6623 recovery fund is subject only to a total aggregate cap of

6624 $500,000 for each Division I licensee. Beginning January 1,

6625 2017, for each Division II contract entered into on or after

6626 July 1, 2016, payment from the recovery fund is subject only to

6627 a total aggregate cap of $150,000 for each Division II licensee.

6628 Beginning January 1, 2025, for Division I and Division II

6629 contracts entered into on or after July 1, 2024, payment from

6630 the recovery fund is subject only to a total aggregate cap of $2

6631 million for each Division I licensee and $600,000 for each

6632 Division II licensee.

6633 Section 203. Paragraph (a) of subsection (1) of section

6634 489.1455, Florida Statutes, is amended to read:

6635 489.1455 Journeyman; reciprocity; standards.—

6636 (1) Counties and municipalities are authorized to issue

6637 journeyman licenses in the plumbing, pipe fitting, mechanical,

6638 or HVAC trades to an individual who:

6639 (a) Has scored at least 70 percent, or after October 1,

6640 1997, at least 75 percent, on a proctored journeyman Block and

6641 Associates examination or other proctored examination approved

6642 by the department ~~board~~ for the trade in which he or she is

6643 licensed;

6644 Section 204. Section 489.146, Florida Statutes, is amended

6645 to read:

6646 489.146 Privatization of services.—Notwithstanding any

6647 other provision of this part relating to the review of licensure

6648 applications, issuance of licenses and renewals, collection of

6649 revenues, fees, and fines, service of documents, publications,

6650 and printing, and other ministerial functions of the department

6651 relating to the regulation of contractors, the department shall

6652 make all reasonable efforts to contract with one or more private

6653 entities for provision of such services, when such services can

6654 be provided in a more efficient manner by private entities. The

6655 department or the department ~~board~~ shall retain final authority

6656 for licensure decisions and rulemaking, including all appeals or

6657 other legal action resulting from such licensure decisions or

6658 rulemaking.

6659 Section 205. Subsections (4) through (29) of section

6660 489.505, Florida Statutes, are renumbered as subsections (3)

6661 through (28), respectively, and subsection (3) and present

6662 subsections (14), (15), (19), and (23) of that section are

6663 amended to read:

6664 489.505 Definitions.—As used in this part:

6665 ~~(3) "Board," except "local board," means the Electrical~~

6666 ~~Contractors' Licensing Board created by this part.~~

6667 ~~(13)(14)~~ "Primary qualifying agent" means a person who

6668 possesses the requisite skill, knowledge, and experience, and

6669 has the responsibility, to supervise, direct, manage, and

6670 control the electrical or alarm system contracting activities of

6671 the business organization with which he or she is connected; and

6672 whose technical and personal qualifications have been determined

6673 by investigation and examination as provided in this part by the

6674 department, as attested to by the department ~~board;~~ and who has

6675 been issued a certificate of competency by the department.

6676 ~~(14)(15)~~ "Secondary qualifying agent" means a person who

6677 possesses the requisite skill, knowledge, and experience, and

6678 has the responsibility to supervise, direct, manage, and control

6679 the electrical or alarm system contracting activities on a job

6680 for which he or she has obtained a permit; and whose technical

6681 and personal qualifications have been determined by

6682 investigation and examination as provided in this part by the

6683 department, as attested to by the department ~~board;~~ and who has

6684 been issued a certificate of competency by the department.

6685 ~~(18)(19)~~ "Specialty contractor" means a contractor whose

6686 scope of practice is limited to a specific segment of electrical

6687 or alarm system contracting established in a category adopted by

6688 department ~~board~~ rule, including, but not limited to,

6689 residential electrical contracting, maintenance of electrical

6690 fixtures, and fabrication, erection, installation, and

6691 maintenance of electrical and nonelectrical advertising signs

6692 together with the interrelated parts and supports thereof.

6693 ~~(22)(23)~~ "Registered residential alarm system contractor"

6694 means an alarm system contractor whose business is limited to

6695 burglar alarm systems in single-family residential, quadruplex

6696 housing, and mobile homes of a residential occupancy class and

6697 who is registered with the department pursuant to s. 489.513.

6698 The department ~~board~~ shall define "residential occupancy class"

6699 by rule. A registered residential alarm system contractor may

6700 contract only in the jurisdiction for which his or her

6701 registration is issued.

6702 Section 206. Subsection (1) of section 489.509, Florida

6703 Statutes, is amended to read:

6704 489.509 Fees.—

6705 (1) The department ~~board,~~ by rule, shall establish fees to

6706 be paid for applications, examination, reexamination, transfers,

6707 licensing and renewal, reinstatement, and recordmaking and

6708 recordkeeping. The examination fee shall be in an amount that

6709 covers the cost of obtaining and administering the examination

6710 and shall be refunded if the applicant is found ineligible to

6711 sit for the examination. The application fee is nonrefundable.

6712 The fee for initial application and examination for

6713 certification of electrical contractors may not exceed $400. The

6714 initial application fee for registration may not exceed $150.

6715 The ~~biennial~~ renewal fee may not exceed $400 for

6716 certificateholders and $200 for registrants. The fee for initial

6717 application and examination for certification of alarm system

6718 contractors may not exceed $400. The ~~biennial~~ renewal fee for

6719 certified alarm system contractors may not exceed $450. The

6720 department ~~board~~ may establish a fee for a temporary certificate

6721 as an alarm system contractor not to exceed $75. The department

6722 ~~board~~ may also establish by rule a delinquency fee not to exceed

6723 $50. The fee to transfer a certificate or registration from one

6724 business organization to another may not exceed $200. The fee

6725 for reactivation of an inactive license may not exceed $50. The

6726 department ~~board~~ shall establish fees that are adequate to

6727 ensure the continued operation of the department ~~board.~~ Fees

6728 shall be based on department estimates of the revenue required

6729 to implement this part and the provisions of law with respect to

6730 the regulation of electrical contractors and alarm system

6731 contractors.

6732 Section 207. Section 489.510, Florida Statutes, is amended

6733 to read:

6734 489.510 Evidence of workers' compensation coverage.—Except

6735 as provided in s. 489.515(3)(b), any person, business

6736 organization, or qualifying agent engaged in the business of

6737 contracting in this state and certified or registered under this

6738 part shall, as a condition precedent to the issuance or renewal

6739 of a certificate or registration of the contractor, provide to

6740 the department ~~Electrical Contractors' Licensing Board,~~ as

6741 provided by department ~~board~~ rule, evidence of workers'

6742 compensation coverage pursuant to chapter 440. In the event that

6743 the Division of Workers' Compensation of the Department of

6744 Financial Services receives notice of the cancellation of a

6745 policy of workers' compensation insurance insuring a person or

6746 entity governed by this section, the Division of Workers'

6747 Compensation shall certify and identify all persons or entities

6748 by certification or registration license number to the

6749 department after verification is made by the Division of

6750 Workers' Compensation that persons or entities governed by this

6751 section are no longer covered by workers' compensation

6752 insurance. Such certification and verification by the Division

6753 of Workers' Compensation may result from records furnished to

6754 the Division of Workers' Compensation by the persons or entities

6755 governed by this section or an investigation completed by the

6756 Division of Workers' Compensation. The department shall notify

6757 the persons or entities governed by this section who have been

6758 determined to be in noncompliance with chapter 440, and the

6759 persons or entities notified shall provide certification of

6760 compliance with chapter 440 to the department and pay an

6761 administrative fine in the amount of $500. The failure to

6762 maintain workers' compensation coverage as required by law shall

6763 be grounds for the department ~~board~~ to revoke, suspend, or deny

6764 the issuance or renewal of a certificate or registration of the

6765 contractor under the provisions of s. 489.533.

6766 Section 208. Paragraph (b) of subsection (1) and

6767 subsections (2) through (5) of section 489.511, Florida

6768 Statutes, are amended to read:

6769 489.511 Certification; application; examinations;

6770 endorsement.—

6771 (1)

6772 (b) Any person desiring to be certified as a contractor

6773 shall apply to the department in writing and must meet the

6774 following criteria:

6775 1. Be of good moral character;

6776 2. Pass the certification examination, achieving a passing

6777 grade as established by department ~~board~~ rule; and

6778 3. Meet eligibility requirements according to one of the

6779 following criteria:

6780 a. Has, within the 6 years immediately preceding the

6781 filing of the application, at least 3 years of proven management

6782 experience in the trade or education equivalent thereto, or a

6783 combination thereof, but not more than one-half of such

6784 experience may be educational equivalent;

6785 b. Has, within the 8 years immediately preceding the

6786 filing of the application, at least 4 years of experience as a

6787 supervisor or contractor in the trade for which he or she is

6788 making application, or at least 4 years of experience as a

6789 supervisor in electrical or alarm system work with the United

6790 States Armed Forces;

6791 c. Has, within the 12 years immediately preceding the

6792 filing of the application, at least 6 years of comprehensive

6793 training, technical education, or supervisory experience

6794 associated with an electrical or alarm system contracting

6795 business, or at least 6 years of technical experience,

6796 education, or training in electrical or alarm system work with

6797 the United States Armed Forces or a governmental entity;

6798 d. Has, within the 12 years immediately preceding the

6799 filing of the application, been licensed for 3 years as a

6800 professional engineer who is qualified by education, training,

6801 or experience to practice electrical engineering; or

6802 e. Has any combination of qualifications under sub-

6803 subparagraphs a.-c. totaling 6 years of experience.

6804 (2) The department ~~board~~ may determine by rule the number

6805 of times per year the applicant may take the examination and

6806 after three unsuccessful attempts may require the applicant to

6807 complete additional college-level or technical education courses

6808 in the areas of deficiency, as determined by the department

6809 ~~board,~~ as a condition of future eligibility to take the

6810 examination.

6811 (3)(a) "Good moral character" means a personal history of

6812 honesty, fairness, and respect for the rights of others and for

6813 laws of this state and nation.

6814 (b) The department ~~board~~ may determine that an individual

6815 applying for certification is ineligible for failure to satisfy

6816 the requirement of good moral character only if:

6817 1. There is a substantial connection between the lack of

6818 good moral character of the individual and the professional

6819 responsibilities of a certified contractor; and

6820 2. The finding by the department ~~board~~ of lack of good

6821 moral character is supported by clear and convincing evidence.

6822 (c) When an individual is found to be unqualified for

6823 certification because of a lack of good moral character, the

6824 department ~~board~~ shall furnish such individual a statement

6825 containing the findings of the department ~~board,~~ a complete

6826 record of the evidence upon which the determination was based,

6827 and a notice of the rights of the individual to a rehearing and

6828 appeal.

6829 (4) The department ~~board~~ shall, by rule, designate those

6830 types of specialty electrical or alarm system contractors who

6831 may be certified under this part. The limit of the scope of work

6832 and responsibility of a certified specialty contractor shall be

6833 established by department ~~board~~ rule. A certified specialty

6834 contractor category exists as an optional statewide licensing

6835 category. Qualification for certification in a specialty

6836 category created by rule shall be the same as set forth in

6837 paragraph (1)(b). The existence of a specialty category created

6838 by rule does not itself create any licensing requirement;

6839 however, neither does its optional nature remove any licensure

6840 requirement established elsewhere in this part.

6841 (5) The department ~~board~~ shall certify as qualified for

6842 certification by endorsement any individual applying for

6843 certification who:

6844 (a) Meets the requirements for certification as set forth

6845 in this section; has passed a national, regional, state, or

6846 United States territorial licensing examination that is

6847 substantially equivalent to the examination required by this

6848 part; and has satisfied the requirements set forth in s.

6849 489.521;

6850 (b) Holds a valid license to practice electrical or alarm

6851 system contracting issued by another state or territory of the

6852 United States, if the criteria for issuance of such license were

6853 substantially equivalent to the certification criteria that

6854 existed in this state at the time the certificate was issued; or

6855 (c) Has held a valid, current license to practice

6856 electrical or alarm system contracting issued by another state

6857 or territory of the United States for at least 10 years before

6858 the date of application and is applying for the same or similar

6859 license in this state, subject to ss. 489.510 and 489.521(3)(a)

6860 and subparagraph (1)(b)1. Such application must be made either

6861 when the license in another state or territory is active or

6862 within 2 years after such license was last active. Electrical

6863 contractors and alarm system contractors must complete a 2-hour

6864 course on the Florida Building Code. The required courses may be

6865 completed online.

6866 Section 209. Paragraph (c) of subsection (1) and

6867 subsections (3) and (6) of section 489.513, Florida Statutes,

6868 are amended to read:

6869 489.513 Registration; application; requirements.—

6870 (1) Any person engaged in the business of contracting in

6871 the state shall be registered in the proper classification

6872 unless he or she is certified. Any person desiring to be a

6873 registered contractor shall apply to the department for

6874 registration and must:

6875 (c) Meet eligibility requirements according to the

6876 following criteria:

6877 1. As used in this subsection, the term "good moral

6878 character" means a personal history of honesty, fairness, and

6879 respect for the rights of others and for state and federal law.

6880 2. The department ~~board~~ may determine that an individual

6881 applying for registration is ineligible due to failure to

6882 satisfy the requirement of good moral character only if:

6883 a. There is a substantial connection between the lack of

6884 good moral character of the individual and the professional

6885 responsibilities of a registered contractor; and

6886 b. The finding by the department ~~board~~ of lack of good

6887 moral character is supported by clear and convincing evidence.

6888 3. When an individual is found to be unqualified because

6889 of lack of good moral character, the department ~~board~~ must

6890 furnish such individual a statement containing the findings of

6891 the department ~~board,~~ a complete record of evidence upon which

6892 the determination was based, and a notice of the rights of the

6893 individual to a rehearing and an appeal.

6894 (3) To be registered as an electrical contractor, an alarm

6895 system contractor I, an alarm system contractor II, or a

6896 residential alarm system contractor, the applicant shall file

6897 evidence of holding a current certificate of competency issued

6898 by any municipality or county of the state for the type of work

6899 for which registration is desired, on a form provided by the

6900 department, together with evidence of having passed an

6901 appropriate local examination, written or oral, designed to test

6902 skills and knowledge relevant to the technical performance of

6903 the profession, accompanied by the registration fee fixed

6904 pursuant to this part. For any person working or wishing to work

6905 in any local jurisdiction that does not require an examination

6906 for its license, the applicant may apply and shall be considered

6907 qualified to be issued a registration in the appropriate

6908 electrical or alarm system category, provided that he or she

6909 shows that he or she has scored at least 75 percent on an

6910 examination which is substantially equivalent to the examination

6911 approved by the department ~~board~~ for certification in the

6912 category and that he or she has had at least 3 years' technical

6913 experience in the trade. The requirement to take and pass an

6914 examination in order to obtain a registration does ~~shall~~ not

6915 apply to persons making application before ~~prior to~~ the

6916 effective date of this act.

6917 (6) The local jurisdictions are responsible for providing

6918 the following information to the department ~~board~~ within 30 days

6919 after licensure of, or any disciplinary action against, a

6920 locally licensed contractor who is registered under this part:

6921 (a) Licensure information.

6922 (b) Code violation information pursuant to s. 553.781.

6923 (c) Disciplinary information.

6925 The department ~~board~~ shall maintain such licensure and

6926 disciplinary information as it is provided to the department

6927 ~~board~~ and shall make the information available through the

6928 automated information system provided pursuant to s. 455.2286.

6929 Section 210. Section 489.514, Florida Statutes, is amended to read:

6931 489.514 Certification for registered contractors;

6932 grandfathering provisions.—

6933 (1) The department ~~board~~ shall, upon receipt of a

6934 completed application, appropriate fee, and proof of compliance

6935 with the provisions of this section, issue:

6936 (a) To an applying registered electrical contractor, a

6937 certificate as an electrical contractor, ~~as defined in s.~~

6938 ~~489.505(12);~~

6939 (b) To an applying registered alarm system contractor, a

6940 certificate in the matching alarm system contractor category, as

6941 ~~defined in s. 489.505(2)(a) or (b);~~ or

6942 (c) To an applying registered electrical specialty

6943 contractor, a certificate in the matching electrical specialty

6944 contractor category, ~~as defined in s. 489.505(19).~~

6945 (2) Any contractor registered under this part who makes

6946 application under this section to the department ~~board~~ shall

6947 meet each of the following requirements for certification:

6948 (a) Currently holds a valid registered local license in

6949 the category of electrical contractor, alarm system contractor,

6950 or electrical specialty contractor.

6951 (b) Has, for that category, passed a written, proctored

6952 examination that the department ~~board~~ finds to be substantially

6953 similar to the examination required to be licensed as a

6954 certified contractor under this part. For purposes of this

6955 subsection, a written, proctored examination such as that

6956 produced by the National Assessment Institute, Block and

6957 Associates, NAI/Block, Experior Assessments, Professional

6958 Testing, Inc., or Assessment Systems, Inc., shall be considered

6959 to be substantially similar to the examination required to be

6960 licensed as a certified contractor. The department ~~board~~ may not

6961 impose or make any requirements regarding the nature or content

6962 of these cited examinations.

6963 (c) Has at least 5 years of experience as a contractor in

6964 that contracting category, or as an inspector or building

6965 administrator with oversight over that category, at the time of

6966 application. For contractors, only time periods in which the

6967 contractor license is active and the contractor is not on

6968 probation shall count toward the 5 years required under this

6969 subsection.

6970 (d) Has not had his or her contractor's license revoked at

6971 any time, had his or her contractor's license suspended in the

6972 last 5 years, or been assessed a fine in excess of $500 in the

6973 last 5 years.

6974 (e) Is in compliance with the insurance and financial

6975 responsibility requirements in s. 489.515(1)(b).

6976 Section 211. Section 489.515, Florida Statutes, is amended

6977 to read:

6978 489.515 Issuance of certificates; registrations.—

6979 (1)(a) The department shall issue a certificate to a

6980 person who the department ~~board~~ certifies is qualified to become

6981 a certified contractor.

6982 (b) The department ~~board~~ shall certify as qualified for

6983 certification any person who satisfies the requirements of s.

6984 489.511 and who submits satisfactory evidence that he or she has

6985 obtained both workers' compensation insurance or an acceptable

6986 exemption certificate issued by the department and public

6987 liability and property damage insurance for the health, safety,

6988 and welfare of the public in amounts determined by rule of the

6989 department ~~board,~~ and furnishes evidence of financial

6990 responsibility, credit, and business reputation of either

6991 himself or herself or the business organization he or she

6992 desires to qualify.

6993 (c) Upon compliance with the provisions of this section

6994 and payment of the certification fee, the department shall issue

6995 the person a certificate.

6996 (2) The department shall issue a registration to a person

6997 who is in compliance with the provisions of s. 489.513 and who

6998 the department ~~board~~ certifies is qualified to be registered.

6999 (3)(a) As a prerequisite to the initial issuance or the

7000 renewal of a certificate or registration, the applicant shall

7001 submit an affidavit on a form provided by the department ~~board~~

7002 attesting to the fact that the applicant has obtained both

7003 workers' compensation insurance or an acceptable exemption

7004 certificate issued by the department and public liability and

7005 property damage insurance for the health, safety, and welfare of

7006 the public in amounts determined by rule of the department

7007 ~~board.~~ The department ~~board~~ shall by rule establish a procedure

7008 to verify the accuracy of such affidavits based upon a random

7009 audit method.

7010 (b) An applicant for initial issuance of a certificate or

7011 registration shall submit as a prerequisite to qualifying for an

7012 exemption from workers' compensation coverage requirements under

7013 s. 440.05 an affidavit attesting to the fact that the applicant

7014 will obtain an exemption within 30 days after the date the

7015 initial certificate or registration is issued by the department

7016 ~~board.~~

7017 (4) The department ~~board~~ may refuse to certify any

7018 applicant who has violated any of the provisions of s. 489.533.

7019 (5) A certificate or registration is not transferable.

7020 Section 212. Subsection (4) of section 489.516, Florida

7021 Statutes, is amended to read:

7022 489.516 Qualifications to practice; restrictions;

7023 prerequisites.—

7024 (4) A county or municipality may suspend or deny a locally

7025 issued permit when the local building official, tax collector,

7026 or other authorized person determines that the contractor has

7027 failed to obtain both workers' compensation insurance or an

7028 acceptable exemption certificate issued by the department and

7029 public liability and property damage insurance in the amounts

7030 determined by rule of the department ~~board.~~

7031 Section 213. Section 489.5161, Florida Statutes, is

7032 amended to read:

7033 489.5161 Credit for relevant military training and

7034 education.—

7035 (1) The department shall provide a method by which

7036 honorably discharged veterans may apply for licensure. The

7037 method must include a veteran-specific application and provide,

7038 to the fullest extent possible, credit toward the requirements

7039 for licensure for military experience, training, and education

7040 received and completed during service in the United States Armed

7041 Forces if the military experience, training, or education is

7042 substantially similar to the experience, training, or education

7043 required for licensure. The department ~~board~~ may adopt rules

7044 ~~pursuant to ss. 120.536(1) and 120.54~~ to implement this

7045 subsection.

7046 (2) Notwithstanding any other provision of law, beginning

7047 October 1, 2017, and annually thereafter, the department, in

7048 ~~conjunction with the board,~~ is directed to prepare and submit a

7049 report titled "Construction and Electrical Contracting Veteran

7050 Applicant Statistics" to the Governor, the President of the

7051 Senate, and the Speaker of the House of Representatives. The

7052 report shall include statistics and information relating to this

7053 section and s. 489.1131 which detail:

7054 (a) The number of applicants who identified themselves as

7055 veterans.

7056 (b) The number of veterans whose application for a license

7057 was approved.

7058 (c) The number of veterans whose application for a license

7059 was denied, including data on the reasons for denial.

7060 (d) Data on the application processing times for veterans.

7061 (e) Recommendations on ways to improve the department's

7062 ability to meet the needs of veterans which would effectively

7063 address the challenges that veterans face when separating from

7064 military service and seeking a license regulated by the

7065 department pursuant to this part.

7066 Section 214. Subsections (4), (5), and (6) of section

7067 489.517, Florida Statutes, are renumbered as subsections (3),

7068 (4), and (5), respectively, and present subsections (3), (5),

7069 and (6) of that section are amended to read:

7070 489.517 Renewal of certificate or registration; ~~continuing~~

7071 ~~education.—~~

7072 ~~(3)(a) Each certificateholder or registrant licensed as a~~

7073 ~~specialty contractor or an alarm system contractor shall provide~~

7074 ~~proof, in a form established by rule of the board, that the~~

7075 ~~certificateholder or registrant has completed at least 7~~

7076 ~~classroom hours of at least 50 minutes each of continuing~~

7077 ~~education courses during each biennium since the issuance or~~

7078 ~~renewal of the certificate or registration. The board shall by~~

7079 ~~rule establish criteria for the approval of continuing education~~

7080 ~~courses and providers and may by rule establish criteria for~~

7081 ~~accepting alternative nonclassroom continuing education on an~~

7082 ~~hour-for-hour basis.~~

7083 ~~(b) Each certificateholder or registrant licensed as an~~

7084 ~~electrical contractor shall provide proof, in a form established~~

7085 ~~by rule of the board, that the certificateholder or registrant~~

7086 ~~has completed at least 11 classroom hours of at least 50 minutes~~

7087 ~~each of continuing education courses during each biennium since~~

7088 ~~the issuance or renewal of the certificate or registration. The~~

7089 ~~board shall by rule establish criteria for the approval of~~

7090 ~~continuing education courses and providers and may by rule~~

7091 ~~establish criteria for accepting alternative nonclassroom~~

7092 ~~continuing education on an hour-for-hour basis.~~

7093 (4)(5) By applying for renewal, each certificateholder or

7094 registrant certifies that he or she has continually maintained

7095 the required amounts of public liability and property damage

7096 insurance as specified by department ~~board~~ rule. The department

7097 ~~board~~ shall establish by rule a procedure to verify the public

7098 liability and property damage insurance for a specified period,

7099 based upon a random sampling method.

7100 ~~(6) The board shall require, by rule adopted pursuant to~~

7101 ~~ss. 120.536(1) and 120.54, a specialized number of hours in~~

7102 ~~specialized or advanced module courses, approved by the Florida~~

7103 ~~Building Commission, on any portion of the Florida Building~~

7104 ~~Code, adopted pursuant to part IV of chapter 553, relating to~~

7105 ~~the contractor's respective discipline.~~

7106 Section 215. Subsection (6) of section 489.518, Florida

7107 Statutes, is renumbered as subsection (5), and paragraph (b) of

7108 subsection (1), paragraphs (b) and (d) of subsection (4), and

7109 subsection (5) of that section are amended, to read:

7110 489.518 Alarm system agents.—

7111 (1) A licensed electrical or alarm system contractor may

7112 not employ a person to perform the duties of a burglar alarm

7113 system agent unless the person:

7114 (b) Has successfully completed a minimum of 14 hours of

7115 training within 90 days after employment, to include basic alarm

7116 system electronics in addition to related training including

7117 CCTV and access control training, with at least 2 hours of

7118 training in the prevention of false alarms. Such training shall

7119 be from a department-approved ~~board-approved~~ provider, and the

7120 employee or applicant for employment shall provide proof of

7121 successful completion to the licensed employer. The department

7122 ~~board~~ shall by rule establish criteria for the approval of

7123 training courses and providers and may by rule establish

7124 criteria for accepting alternative nonclassroom education on an

7125 hour-for-hour basis. The department ~~board~~ shall approve

7126 providers that conduct training in other than the English

7127 language. The department ~~board~~ shall establish a fee for the

7128 approval of training providers or courses, not to exceed $60.

7129 Qualified employers may conduct training classes for their

7130 employees, with department ~~board~~ approval.

7131 (4)

7132 (b) The identification card shall be designed in a

7133 department-approved ~~board-approved~~ format. The card must include

7134 a picture of the agent, must specify at least the name of the

7135 holder of the card and the name and license number of the

7136 contractor, and must be signed by the contractor and by the

7137 holder of the card. Each identification card is valid for a

7138 period of 4 2 years after the date of issuance. The

7139 identification card must be in the possession of each burglar

7140 alarm system agent while engaged in burglar alarm system agent

7141 duties.

7142 (d) Each identification card must be renewed every 4 2

7143 years ~~and in a board-approved format to show compliance with the~~

7144 ~~6 hours of continuing education necessary to maintain~~

7145 ~~certification as a burglar alarm system agent.~~

7146 ~~(5) Each burglar alarm system agent must receive 6 hours~~

7147 ~~of continuing education on burglar alarm system installation and~~

7148 ~~repair and false alarm prevention every 2 years from a board-~~

7149 ~~approved sponsor of training and through a board-approved~~

7150 ~~training course.~~

7151 Section 216. Subsection (6) of section 489.5185, Florida

7152 Statutes, is renumbered as subsection (5) and paragraph (b) of

7153 subsection (1), paragraphs (a) and (f) of subsection (2),

7154 paragraphs (b) and (d) of subsection (4), and subsection (5) of that section are amended, to read:

7156 489.5185 Fire alarm system agents.—

7157 (1) A certified unlimited electrical contractor or

7158 licensed fire alarm contractor may not employ a person to

7159 perform the duties of a fire alarm system agent unless the

7160 person:

7161 (b) Has successfully completed a minimum of 14 hours of

7162 initial training, to include basic fire alarm system technology

7163 in addition to related training in National Fire Protection

7164 Association (NFPA) codes and standards and access control

7165 training, with at least 2 hours of training in the prevention of

7166 false alarms. Such training must be from a department-approved

7167 ~~board-approved~~ provider, and the employee or applicant for

7168 employment must provide proof of successful completion to the

7169 licensed employer. The department ~~board,~~ by rule, shall

7170 establish criteria for the approval of training courses and

7171 providers. The department ~~board~~ shall approve qualified

7172 providers that conduct training in other than the English

7173 language. The department ~~board~~ shall establish a fee for the

7174 approval of training providers, not to exceed $200, and a fee

7175 for the approval of courses at $25 per credit hour, not to

7176 exceed $100 per course.

7177 (2)(a) Any applicant for employment as a fire alarm system

7178 agent, or any individual employed as a fire alarm system agent

7179 on the effective date of this act, who has completed alarm

7180 system agent or burglar alarm system agent training before ~~prior~~

7181 to the effective date of this act in a department-certified

7182 ~~board-certified~~ program is not required to take additional

7183 training in order to comply with the initial training

7184 requirements of this section.

7185 (f) If a person holds a current National Institute of

7186 Certification in Engineering Technologies (NICET) Level II

7187 certification or higher in Fire Alarm Systems or Inspection and

7188 Testing of Fire Alarm Systems, a current certification as an

7189 Electronic Security Association (ESA) Certified Fire Alarm

7190 Technician, or a current certification as an ESA Certified Fire

7191 Alarm Designer, he or she is required to complete only the 2

7192 hours of training in the prevention of false alarms required by

7193 paragraph (1)(b) from a department-approved ~~board-approved~~

7194 sponsor of training and through a department-approved ~~board-~~

7195 ~~approved~~ training course.

7196 (4)

7197 (b) The card shall follow a department-approved ~~board-~~

7198 ~~approved~~ format, to include a picture of the agent; shall

7199 specify at least the name of the holder of the card and the name

7200 and license number of the certified unlimited electrical

7201 contractor or licensed fire alarm contractor; and shall be

7202 signed by both the contractor and the holder of the card. Each

7203 identification card shall be valid for a period of 4 2 years

7204 after the date of issuance. The identification card must be in

7205 the possession of the fire alarm system agent while engaged in

7206 fire alarm system agent duties.

7207 ~~(d) Each identification card must be renewed every 2 years~~

7208 ~~and in a board-approved format to show compliance with the 6~~

7209 ~~hours of continuing education necessary to maintain~~

7210 ~~certification as a fire alarm system agent.~~

7211 ~~(5)(a) Except as provided in paragraph (b), each fire~~

7212 ~~alarm system agent must receive 6 hours of continuing education~~

7213 ~~on fire alarm system installation and repair and false alarm~~

7214 ~~prevention every 2 years from a board-approved sponsor of~~

7215 ~~training and through a board-approved training course.~~

7216 ~~(b) A person holding a current NICET Level II~~

7217 ~~certification or higher in Fire Alarm Systems or Inspection and~~

7218 ~~Testing of Fire Alarm Systems, certification as an ESA Certified~~

7219 ~~Fire Alarm Technician, or certification as an ESA Certified Fire~~

7220 ~~Alarm Designer is required to complete only 2 hours of~~

7221 ~~continuing education training in the prevention of false alarms~~

7222 ~~every 2 years from a board-approved sponsor of training and~~

7223 ~~through a board-approved training course.~~

7224 Section 217. Subsection (4) of section 489.519, Florida

7225 Statutes, is renumbered as subsection (3), and subsection (1)

7226 and present subsection (3) of that section are amended to read:

7227 489.519 Inactive status.—

7228 (1) A certificate or registration that becomes inactive

7229 may be reactivated under s. 489.517 upon application to the

7230 department. ~~The board may not require a licensee to complete~~

7231 ~~more than one renewal cycle of continuing education to~~

7232 ~~reactivate a certificate or registration.~~

7233 ~~(3) The board shall impose, by rule, continuing education~~

7234 ~~requirements for inactive certificateholders, when inactive~~

7235 ~~status is sought by certificateholders who are also building~~

7236 ~~code administrators, plans examiners, or inspectors certified~~

7237 ~~pursuant to part XII of chapter 468.~~

7238 Section 218. Section 489.520, Florida Statutes, is amended

7239 to read:

7240 489.520 Automated licensure status information system.—By

7241 January 1, 1995, the department shall implement an automated

7242 licensure status information system for electrical and alarm

7243 system contracting. The system shall provide instant

7244 notification to local building departments and other interested

7245 parties, as determined by the ~~board or~~ department, regarding the

7246 status of the certification or registration of any contractor

7247 certified or registered pursuant to the provisions of this part.

7248 The provision of such information shall consist, at a minimum,

7249 of an indication of whether the certification or registration of

7250 the contractor applying for a permit is active, of any current

7251 failure of the contractor to make restitution according to the

7252 terms of any final action by the department ~~board,~~ of any

7253 ongoing disciplinary cases against the contractor that are

7254 subject to public disclosure, and whether there are any

7255 outstanding fines against the contractor.

7256 Section 219. Paragraphs (a) and (b) of subsection (2),

7257 subsections (3), (4), and (5), paragraph (c) of subsection (7),

7258 subsections (8) and (9), and paragraph (b) of subsection (10) of

7259 section 489.521, Florida Statutes, are amended to read:

7260 489.521 Business organizations; qualifying agents.—

7261 (2)(a)1. If the applicant proposing to engage in

7262 contracting is a partnership, corporation, business trust, or

7263 other legal entity, other than a sole proprietorship, the

7264 application shall state the name of the partnership and its

7265 partners; the name of the corporation and its officers and

7266 directors and the name of each of its stockholders who is also

7267 an officer or director; the name of the business trust and its

7268 trustees; or the name of such other legal entity and its

7269 members. In addition, the applicant shall furnish evidence of

7270 statutory compliance if a fictitious name is used. A joint

7271 venture, including a joint venture composed of qualified

7272 business organizations, is itself a separate and distinct

7273 organization that shall be qualified in accordance with

7274 department ~~board~~ rules. The registration or certification, when

7275 issued upon application of a business organization, shall be in

7276 the name of the qualifying agent, and the name of the business

7277 organization shall be noted thereon. If there is a change in any

7278 information that is required to be stated on the application,

7279 the business organization shall, within 45 days after such

7280 change occurs, mail the correct information to the department.

7281 2. Any person certified or registered pursuant to this

7282 part who has had his or her license revoked may ~~shall~~ not be

7283 eligible for a 5-year period to be a partner, officer, director,

7284 or trustee of a business organization as defined by this

7285 section. Such person shall also be ineligible to reapply for

7286 certification or registration under this part for a period of 5

7287 years.

7288 (b) The applicant shall also show that the proposed

7289 qualifying agent is legally qualified to act for the business

7290 organization in all matters connected with its electrical or

7291 alarm system contracting business and concerning regulations by

7292 the department ~~board~~ and that he or she has authority to

7293 supervise electrical or alarm system contracting undertaken by

7294 the business organization.

7295 (3)(a) The applicant shall furnish evidence of financial

7296 responsibility, credit, and business reputation of the business

7297 organization, as well as the name of the qualifying agent. The

7298 department ~~board~~ shall adopt rules defining financial

7299 responsibility based upon the business organization's credit

7300 history, ability to be bonded, and any history of bankruptcy or

7301 assignment of receivers. Such rules shall specify the financial

7302 responsibility grounds on which the department ~~board~~ may

7303 determine that a business organization is not qualified to

7304 engage in contracting.

7305 (b) In the event a qualifying agent must take the

7306 certification examination, the department ~~board~~ shall, within 60

7307 days from the date of the examination, inform the business

7308 organization in writing whether or not its qualifying agent has

7309 qualified.

7310 (c) If the qualifying agent of a business organization

7311 applying to engage in contracting, after having been notified to

7312 do so, does not appear for examination within 1 year from the

7313 date of filing of the application, the examination fee paid by

7314 it shall be credited as an earned fee to the department. A new

7315 application to engage in contracting shall be accompanied by

7316 another application fee fixed pursuant to this act. Forfeiture

7317 of a fee may be waived by the department ~~board~~ for good cause.

7318 (d) Once the department ~~board~~ has determined that the

7319 business organization's proposed qualifying agent has qualified,

7320 the business organization shall be authorized to engage in the

7321 contracting business. The certificate, when issued, shall be in

7322 the name of the qualifying agent, and the name of the business

7323 organization shall be noted thereon.

7324 (4) As a prerequisite to the initial issuance of a

7325 certificate, the applicant or the business organization he or

7326 she qualifies shall submit evidence that he or she or the

7327 business organization has obtained public liability and property

7328 damage insurance for the safety and welfare of the public in an

7329 amount to be determined by department ~~board~~ rule.

7330 (5) At least one officer or supervising employee of the

7331 business organization must be qualified under this act in order

7332 for the business organization to be qualified to engage in

7333 contracting in the category of the business conducted. If any

7334 individual so qualified on behalf of the business organization

7335 ceases to qualify the business organization, he or she shall

7336 notify the ~~board and the~~ department thereof within 30 days after

7337 such occurrence. In addition, if the individual is the only

7338 individual who qualifies the business organization, the business

7339 organization shall notify the ~~board and the~~ department of the

7340 individual's termination, and it shall have a period of 60 days

7341 from the termination of the individual to qualify another person

7342 under the provision of this act, failing which, the department

7343 ~~board~~ shall determine that the business organization is no

7344 longer qualified to engage in contracting. The individual shall

7345 also inform the department ~~board~~ in writing when he or she

7346 proposes to engage in contracting in his or her own name or in

7347 affiliation with another business organization, and the

7348 individual, or such new business organization, shall supply the

7349 same information to the department ~~board~~ as required for

7350 applicants under this act. After an investigation of the

7351 financial responsibility, credit, and business reputation of the

7352 individual or the new business organization and upon a favorable

7353 determination, the department ~~board~~ shall certify the business

7354 organization as qualified, and the department shall issue,

7355 without examination, a new certificate in the individual's name,

7356 which shall include the name of the new business organization,

7357 as provided in this section.

7358 (7)

7359 (c) The department ~~board~~ shall assess a fine of not less

7360 than $100 or issue a citation to any contractor who fails to

7361 include that contractor's certification or registration number

7362 when submitting an advertisement for publication, broadcast, or

7363 printing. In addition, any person who claims in any

7364 advertisement to be a certified or registered contractor, but

7365 who does not hold a valid state certification or registration,

7366 commits a misdemeanor of the second degree, punishable as

7367 provided in s. 775.082 or s. 775.083.

7368 (8) Each qualifying agent shall pay the department an

7369 amount equal to the original fee for certification or

7370 registration to qualify any additional business organizations.

7371 If the qualifying agent for a business organization desires to

7372 qualify additional business organizations, the department ~~board~~

7373 shall require him or her to present evidence of supervisory

7374 ability and financial responsibility of each such organization.

7375 Allowing a licensee to qualify more than one business

7376 organization shall be conditioned upon the licensee showing that

7377 the licensee has both the capacity and intent to adequately

7378 supervise each business organization in accordance with s.

7379 489.522(1). The department may ~~board shall~~ not limit the number

7380 of business organizations which the licensee may qualify except

7381 upon the licensee's failing to provide such information as is

7382 required under this subsection or upon a finding that such

7383 information or evidence as is supplied is incomplete or

7384 unpersuasive in showing the licensee's capacity and intent to

7385 comply with the requirements of this subsection. A qualification

7386 for an additional business organization may be revoked or

7387 suspended upon a finding by the department ~~board~~ that the

7388 licensee has failed in the licensee's responsibility to

7389 adequately supervise the operations of that business

7390 organization in accordance with s. 489.522(1). Failure of the

7391 responsibility to adequately supervise the operations of a

7392 business organization in accordance with s. 489.522(1) shall be

7393 grounds for denial to qualify additional business organizations.

7394 (9) If a business organization or any of its partners,

7395 officers, directors, trustees, or members is disciplined for

7396 violating s. 489.533(1), the department ~~board~~ may, on that basis

7397 alone, deny issuance of a certificate or registration to a

7398 qualifying agent on behalf of that business organization.

7399 (10)

7400 (b) Any business organization engaging in contracting

7401 under this subsection shall provide the department ~~board~~ with

7402 the name and license number of each registered or certified

7403 contractor employed by the business organization to supervise

7404 its contracting activities. The business organization is not

7405 required to post a bond or otherwise evidence any financial or

7406 credit information except as necessary to demonstrate compliance

7407 with paragraph (a).

7408 Section 220. Subsection (2) and paragraph (a) of

7409 subsection (3) of section 489.522, Florida Statutes, are amended

7410 to read:

7411 489.522 Qualifying agents; responsibilities.—

7412 (2) One of the qualifying agents for a business

7413 organization that has more than one qualifying agent may be

7414 designated as the sole primary qualifying agent for the business

7415 organization by a joint agreement that is executed, on a form

7416 provided by the department ~~board,~~ by all qualifying agents for

7417 the business organization. The joint agreement shall be

7418 submitted to the department ~~board~~ for approval. If the

7419 department ~~board~~ determines that the joint agreement is in good

7420 order, it shall approve the designation and immediately notify

7421 the qualifying agents of such approval. The designation made by

7422 the joint agreement is effective upon receipt of the notice by

7423 the qualifying agents. The qualifying agent designated for a

7424 business organization by a joint agreement is the sole primary

7425 qualifying agent for the business organization, and all other

7426 qualifying agents for the business organization are secondary

7427 qualifying agents.

7428 (a) A designated sole primary qualifying agent has all the

7429 responsibilities and duties of a primary qualifying agent,

7430 notwithstanding that there are secondary qualifying agents for

7431 specified jobs. The designated sole primary qualifying agent is

7432 jointly and equally responsible with secondary qualifying agents

7433 for field work supervision.

7434 (b) A secondary qualifying agent is responsible only for:

7435 1. The supervision of field work at sites where his or her

7436 license was used to obtain the building permit; and

7437 2. Any other work for which he or she accepts

7438 responsibility.

7440 A secondary qualifying agent is not responsible for supervision

7441 of financial matters.

7442 (c) A primary qualifying agent shall have approval

7443 authority for checks, payments, drafts, and contracts issued by

7444 or entered into by the business organization.

7445 (3)(a) A qualifying agent who has been designated by a

7446 joint agreement as the sole primary qualifying agent for a

7447 business organization may terminate this status as such by

7448 giving actual notice to the business organization, to the

7449 department ~~board,~~ and to all secondary qualifying agents of his

7450 or her intention to terminate this status. The notice to the

7451 department ~~board~~ shall include proof satisfactory to the

7452 department ~~board~~ that he or she has given the notice required in

7453 this paragraph. The status of the qualifying agent shall cease

7454 upon the designation of a new primary qualifying agent or 60

7455 days after satisfactory notice of termination has been provided

7456 to the department ~~board,~~ whichever first occurs. If no new

7457 primary qualifying agent has been designated within 60 days, all

7458 secondary qualifying agents for the business organization shall

7459 become primary qualifying agents, unless the joint agreement

7460 specifies that one or more of them shall become sole qualifying

7461 agents under such circumstances, in which case only they shall

7462 become sole qualifying agents.

7463 Section 221. Section 489.523, Florida Statutes, is amended

7464 to read:

7465 489.523 Emergency registration upon death of contractor.—

7466 If an incomplete contract exists at the time of death of a

7467 contractor, the contract may be completed by any person even

7468 though not certified. The person shall notify the department

7469 ~~appropriate board,~~ within 30 days after the death of the

7470 contractor, of his or her name and address, knowledge of the

7471 contract, and ability to complete it. If the department ~~board~~

7472 approves, he or she may proceed with the contract. The

7473 department ~~board~~ shall then issue an emergency registration

7474 which shall expire upon the completion of the contract. For

7475 purposes of this section, and upon written approval of the

7476 department ~~board,~~ an incomplete contract may be one which has

7477 been awarded to, or entered into by, the contractor before his

7478 or her death, or on which he or she was the low bidder and the

7479 contract is subsequently awarded to him or her, regardless of

7480 whether any actual work has commenced under the contract before

7481 the contractor's death.

7482 Section 222. Section 489.525, Florida Statutes, is amended

7483 to read:

7484 489.525 Report to local building officials.—The department

7485 may report to all building officials the contents of this part

7486 and the contents of the rules of the department ~~board.~~ Any

7487 information that is available through the Internet or other

7488 electronic means may be excluded from the report.

7489 Section 223. Subsections (2) through (6) and paragraphs (b) and (e) of subsection (7) of section 489.533, Florida

7491 Statutes, are amended to read:

7492 489.533 Disciplinary proceedings.—

7493 (2) When the department ~~board~~ finds any applicant,

7494 contractor, or business organization for which the contractor is

7495 a primary qualifying agent or secondary qualifying agent

7496 responsible under s. 489.522 guilty of any of the grounds set

7497 forth in subsection (1), it may enter an order imposing one or

7498 more of the following penalties:

7499 (a) Denial of an application for certification or

7500 registration.

7501 (b) Revocation or suspension of a certificate or

7502 registration.

7503 (c) Imposition of an administrative fine not to exceed

7504 $10,000 for each count or separate offense.

7505 (d) Issuance of a reprimand.

7506 (e) Placement of the contractor on probation for a period

7507 of time and subject to such conditions as the department ~~board~~

7508 may specify, including requiring the contractor to attend

7509 continuing education courses or to work under the supervision of

7510 another contractor.

7511 (f) Restriction of the authorized scope of practice by the

7512 contractor.

7513 (g) Require financial restitution to a consumer.

7514 (3) In recommending penalties in any proposed recommended

7515 final order, the department shall follow the penalty guidelines

7516 established by the department ~~board~~ by rule. The department

7517 shall advise the administrative law judge of the appropriate

7518 penalty, including mitigating and aggravating circumstances, and

7519 the specific rule citation.

7520 (4) The department ~~board~~ may not reinstate the certificate

7521 or registration of, or cause a certificate or registration to be

7522 issued to, a person who the department ~~board~~ has determined

7523 unqualified until it is satisfied that such person has complied

7524 with all the terms and conditions set forth in the final order

7525 and is capable of competently engaging in the business of

7526 contracting.

7527 (5) When the department ~~board~~ imposes administrative fines

7528 pursuant to subsection (2) resulting from violation of chapter

7529 633 or violation of the rules of the State Fire Marshal, 50

7530 percent of the fine shall be paid into the Insurance Regulatory

7531 Trust Fund to help defray the costs of investigating the

7532 violations and obtaining the corrective action. The State Fire

7533 Marshal may participate at its discretion, but not as a party,

7534 in any proceedings before the department ~~board~~ relating to

7535 violation of chapter 633 or the rules of the State Fire Marshal,

7536 in order to make recommendations as to the appropriate penalty

7537 in such case. However, the State Fire Marshal does ~~shall~~ not

7538 have standing to bring disciplinary proceedings regarding

7539 certification.

7540 (6) The department ~~board~~ may restrain any violation of

7541 this part by action in a court of competent jurisdiction.

7542 (7)

7543 (b) A No licensee may not avail himself or herself of the

7544 mediation process more than three times without the approval of

7545 the department ~~board.~~ The department ~~board~~ may consider the

7546 subject and the dates of the earlier complaints in rendering its

7547 decision. ~~The board's decision shall not be considered a final~~

7548 ~~agency action and is not appealable.~~

7549 (e) The department, ~~in conjunction with the board,~~ shall

7550 determine by rule the types of cases which may be included in

7551 the mediation process. The department may initiate or continue

7552 disciplinary action, pursuant to chapter 455 and this chapter

7553 against the licensee as determined by rule.

7554 Section 224. Paragraph (a) of subsection (1) of section 489.5335, Florida Statutes, is amended to read:

7556 489.5335 Journeyman; reciprocity; standards.—

7557 (1) Counties and municipalities are authorized to issue

7558 journeyman licenses in the electrical and alarm system trades to

7559 an individual who:

7560 (a) Has scored at least 70 percent, or after October 1,

7561 1997, at least 75 percent, on a proctored journeyman Block and

7562 Associates examination or other proctored examination approved

7563 by the department ~~board~~ for the trade in which he or she is

7564 licensed; Section 225. Paragraph (e) of subsection (3) and

7566 paragraphs (b) and (c) of subsection (5) of section 489.537,

7567 Florida Statutes, are amended to read:

7568 489.537 Application of this part.—

7569 (3) Nothing in this act limits the power of a municipality

7570 or county:

7571 (e)1. To refuse to issue permits or issue permits with

7572 specific conditions to a contractor who has committed multiple

7573 violations, when he or she has been disciplined for each of them

7574 by the department ~~board~~ and when each disciplinary action has

7575 involved revocation or suspension of a license, imposition of an

7576 administrative fine of at least $1,000, or probation.

7577 2. To issue permits with specific conditions to a

7578 contractor who, within the previous 12 months, has had final

7579 action taken against him or her, by the department or by a local

7580 board or agency which licenses contractors and has reported the

7581 action pursuant to paragraph (5)(c), for engaging in the

7582 business or acting in the capacity of a contractor without a

7583 license.

7584 (5)

7585 (b) To engage in contracting in the territorial area, an

7586 applicant shall also be registered with the department ~~board.~~

7587 (c) Each local board or agency which licenses contractors

7588 shall transmit monthly to the department ~~board~~ a report of any

7589 disciplinary action taken against contractors and any

7590 administrative or disciplinary action taken against unlicensed

7591 persons for engaging in the business or acting in the capacity

7592 of a contractor, including any cease and desist order issued

7593 pursuant to s. 489.516(2)(b).

7594 Section 226. Section 489.552, Florida Statutes, is amended

7595 to read:

7596 489.552 Registration required.—A person may ~~shall~~ not hold

7597 himself or herself out as a septic tank contractor or a master

7598 septic tank contractor in this state unless he or she is

7599 registered by the department in accordance with the provisions

7600 of this part. However, nothing in this part prohibits any person

7601 licensed pursuant to s. 489.105(2)(m) ~~s. 489.105(3)(m)~~ in this

7602 state from engaging in the profession for which he or she is

7603 licensed.

7604 Section 227. Subsection (1) of section 492.102, Florida Statutes, is amended to read:

7606 492.102 Definitions.—For the purposes of this chapter,

7607 unless the context clearly requires otherwise:

7608 ~~(1) "Board" means the Board of Professional Geologists.~~

7609 Section 228. Section 492.104, Florida Statutes, is amended

7610 to read:

7611 492.104 Rulemaking authority.—The department may ~~Board of~~

7612 ~~Professional Geologists has authority to~~ adopt rules ~~pursuant to~~

7613 ~~ss. 120.536(1) and 120.54~~ to implement this chapter. Every

7614 licensee shall be governed and controlled by this chapter and

7615 the rules adopted by the department ~~board.~~ The department ~~board~~

7616 is authorized to set, by rule, fees for application,

7617 examination, late renewal, initial licensure, and license

7618 renewal. These fees may not exceed the cost of implementing the

7619 application, examination, initial licensure, and license renewal

7620 or other administrative process and shall be established as

7621 follows:

7622 (1) The application fee may ~~shall~~ not exceed $150 and

7623 shall be nonrefundable.

7624 (2) The examination fee may ~~shall~~ not exceed $250, and the

7625 fee may be apportioned to each part of a multipart examination.

7626 The examination fee shall be refundable in whole or part if the

7627 applicant is found to be ineligible to take any portion of the

7628 licensure examination.

7629 (3) The initial license fee may ~~shall~~ not exceed $100.

7630 (4) The ~~biennial~~ renewal fee may ~~shall~~ not exceed $150.

7631 (5) The fee for reactivation of an inactive license may

7632 not exceed $50.

7633 (6) The fee for a provisional license may not exceed $400.

7634 (7) The fee for application, examination, and licensure

7635 for a license by endorsement is as provided in this section for

7636 licenses in general.

7637 Section 229. Subsection (1), paragraph (b) of subsection

7638 (2), and subsection (3) of section 492.105, Florida Statutes,

7639 are amended to read:

7640 492.105 Licensure by examination; requirements; fees.—

7641 (1) Any person desiring to be licensed as a professional

7642 geologist shall apply to the department to take the licensure

7643 examination. The written licensure examination shall be designed

7644 to test an applicant's qualifications to practice professional

7645 geology, and shall include such subjects as will tend to

7646 ascertain the applicant's knowledge of the fundamentals, theory,

7647 and practice of professional geology and may include such

7648 subjects as are taught in curricula of accredited colleges and

7649 universities. The written licensure examination may be a

7650 multipart examination. The department shall examine each

7651 applicant who the department ~~board~~ certifies:

7652 (a) Has completed the application form and remitted a

7653 nonrefundable application fee and an examination fee which is

7654 refundable if the applicant is found to be ineligible to take

7655 the examination.

7656 (b) Is at least 18 years of age.

7657 (c) Has not committed any act or offense in any

7658 jurisdiction which would constitute the basis for disciplining a

7659 professional geologist licensed pursuant to this chapter.

7660 (d) Has fulfilled the following educational requirements

7661 at a college or university, the geological curricula of which

7662 meet the criteria established by an accrediting agency

7663 recognized by the United States Department of Education:

7664 1. Graduation from such college or university with a major

7665 in geology or other related science acceptable to the department

7666 ~~board;~~ and

7667 2. Satisfactory completion of at least 30 semester hours

7668 or 45 quarter hours of geological coursework.

7669 (e) Has at least 5 years of verified professional

7670 geological work experience, which includes a minimum of 3 years

7671 of professional geological work under the supervision of a

7672 licensed or qualified geologist or professional engineer

7673 registered under chapter 471 as qualified in the field or

7674 discipline of professional engineering work performed; or has a

7675 minimum of 5 accumulative years of verified geological work

7676 experience in responsible charge of geological work as

7677 determined by the department ~~board.~~

7678 (2) The department shall issue a license to practice

7679 professional geology to any person who has:

7680 (b) Been certified by the department ~~board~~ as qualified to

7681 practice professional geology; and

7682 (3) The department may ~~shall~~ not issue a license to any

7683 applicant who is under investigation in any jurisdiction for an

7684 offense which would constitute a violation of this chapter. Upon

7685 completion of the investigation, the disciplinary provisions of

7686 s. 492.113 shall apply.

7687 Section 230. Subsections (1) and (2) of section 492.1051,

7688 Florida Statutes, are amended to read:

7689 492.1051 Registered geologist-in-training; requirements.—

7690 (1) A person desiring to register as a geologist-in-

7691 training shall apply to the department to take a discrete

7692 portion of the examination required for licensure as a

7693 professional geologist in this state. This discrete portion

7694 shall cover the fundamentals of geology. The department shall

7695 examine each applicant who the department ~~board~~ certifies:

7696 (a) Has completed the application form and remitted a

7697 nonrefundable application fee and an examination fee that is

7698 refundable if the applicant is found to be ineligible to take

7699 the examination.

7700 (b) Has not committed an act or offense in any

7701 jurisdiction which constitutes grounds for disciplining a

7702 professional geologist licensed under this chapter; and

7703 (c) Has successfully completed at least 30 semester hours

7704 or 45 quarter hours of geological coursework at a college or

7705 university, the geological curricula of which meet the criteria

7706 established by an accrediting agency recognized by the United

7707 States Department of Education and, if still enrolled, has

7708 provided a letter of good academic standing from the college or

7709 university.

7710 (2) The department shall register as a geologist-in-

7711 training each applicant who the department ~~board~~ certifies has

7712 passed the fundamentals of geology portion of the licensure

7713 examination.

7714 Section 231. Section 492.106, Florida Statutes, is amended to read:

7716 492.106 Provisional licenses.—The department may provide a

7717 provisional license to any person who is not a resident of and

7718 has not established a place of business in this state, and who

7719 is duly licensed in another state, territory, or possession of

7720 the United States, or in the District of Columbia, and who has

7721 qualifications which the department ~~board,~~ upon advice of a

7722 committee of the department ~~board,~~ deems comparable to those

7723 required of professional geologists in this state, upon written

7724 application accompanied by the proper application fee, offered

7725 before ~~prior to~~ the practice of professional geology in this

7726 state, under the following restrictions:

7727 (1) Satisfactory proof of licensure as required above

7728 shall include the name, residence address, business address, and

7729 certification of the license of the applicant from the issuing

7730 state, together with the name and address of the authority

7731 issuing such license.

7732 (2) The practice of professional geology under a

7733 provisional license may ~~shall~~ not exceed 1 year.

7734 (3) The practice of professional geology under a

7735 provisional license shall be confined to one specified project.

7736 Such license may not be renewed or reissued for 5 years from the

7737 date of original issuance.

7738 (4) A written statement shall be furnished to the

7739 department within 60 days of completion of the work, indicating

7740 the time engaged and the nature of the work. A person holding a

7741 provisional license shall exhibit such provisional license each

7742 time and on each occasion that an indication of licensure is

7743 required.

7744 Section 232. Subsection (1) of section 492.107, Florida

7745 Statutes, is amended to read:

7746 492.107 Seals.—

7747 (1) The department ~~board~~ shall prescribe, by rule, a form

7748 of seal, including its electronic form, to be used by persons

7749 holding valid licenses. All geological papers, reports, and

7750 documents prepared or issued by the licensee shall be signed,

7751 dated, and sealed by the licensee who performed or is

7752 responsible for the supervision, direction, or control of the

7753 work contained in the papers, reports, or documents. Such

7754 signature, date, and seal shall be evidence of the authenticity

7755 of that to which they are affixed. Geological papers, reports,

7756 and documents prepared or issued by the licensee may be

7757 transmitted electronically provided they have been signed by the

7758 licensee, dated, and electronically sealed. It is unlawful for

7759 any person to sign or seal any document as a professional

7760 geologist unless that person holds a current, active license as

7761 a professional geologist which has not expired or been revoked

7762 or suspended, unless reinstated or reissued.

7763 Section 233. Subsection (1) of section 492.108, Florida

7764 Statutes, is amended to read:

7765 492.108 Licensure by endorsement; requirements; fees.—

7766 (1) The department shall issue a license by endorsement to

7767 any applicant who, upon applying to the department and remitting

7768 an application fee, has been certified by the department ~~board~~

7769 that he or she:

7770 (a) Has met the qualifications for licensure in s.

7771 492.105(1)(b)-(e) and:

7772 1. Is the holder of an active license in good standing in

7773 a state, trust, territory, or possession of the United States.

7774 2. Was licensed through written examination in at least

7775 one state, trust, territory, or possession of the United States,

7776 the examination requirements of which have been approved by the

7777 department ~~board~~ as substantially equivalent to or more

7778 stringent than those of this state, and has received a score on

7779 such examination which is equal to or greater than the score

7780 required by this state for licensure by examination.

7781 3. Has taken and successfully passed the laws and rules

7782 portion of the examination required for licensure as a

7783 professional geologist in this state.

7784 (b) Has held a valid license to practice geology in

7785 another state, trust, territory, or possession of the United

7786 States for at least 10 years before the date of application and

7787 has successfully completed a state, regional, national, or other

7788 examination that is equivalent to or more stringent than the

7789 examination required by the department. If such applicant has

7790 met the requirements for a license by endorsement except

7791 successful completion of an examination that is equivalent to or

7792 more stringent than the examination required by the department

7793 ~~board,~~ such applicant may take the examination required by the

7794 department ~~board.~~ Such application must be submitted to the

7795 department ~~board~~ while the applicant holds a valid license in

7796 another state or territory or within 2 years after the

7797 expiration of such license.

7798 Section 234. Subsection (2) of section 492.109, Florida

7799 Statutes, is amended to read:

7800 492.109 Renewal of license; fees.—

7801 (2) The department shall adopt rules establishing a

7802 procedure for the ~~biennial~~ renewal of licenses.

7803 Section 235. Subsection (2) of section 492.1101, Florida

7804 Statutes, is amended to read:

7805 492.1101 Inactive status.—

7806 (2) The department ~~board~~ shall adopt ~~promulgate~~ rules

7807 relating to the reactivation of inactive licenses and shall

7808 prescribe by rule a fee for the reactivation of inactive

7809 licenses.

7810 Section 236. Subsection (1) of section 492.111, Florida

7811 Statutes, is amended to read:

7812 492.111 Practice of professional geology by a firm,

7813 corporation, or partnership.—The practice of, or offer to

7814 practice, professional geology by individual professional

7815 geologists licensed under the provisions of this chapter through

7816 a firm, corporation, or partnership offering geological services

7817 to the public through individually licensed professional

7818 geologists as agents, employees, officers, or partners thereof

7819 is permitted subject to the provisions of this chapter, if:

7820 (1) At all times that it offers geological services to the

7821 public, the firm, corporation, or partnership is qualified by

7822 one or more individuals who hold a current, active license as a

7823 professional geologist in the state and are serving as a

7824 geologist of record for the firm, corporation, or partnership. A

7825 geologist of record may be any principal officer or employee of

7826 such firm or corporation, or any partner or employee of such

7827 partnership, who holds a current, active license as a

7828 professional geologist in this state, or any other Florida-

7829 licensed professional geologist with whom the firm, corporation,

7830 or partnership has entered into a long-term, ongoing

7831 relationship, as defined by rule of the department ~~board,~~ to

7832 serve as one of its geologists of record. The geologist of

7833 record shall notify the department of any changes in the

7834 relationship or identity of that geologist of record within 30

7835 days after such change.

7836 Section 237. Paragraph (k) of subsection (1) and

7837 subsections (2), (3), and (4) of section 492.113, Florida

7838 Statutes, are amended to read:

7839 492.113 Disciplinary proceedings.—

7840 (1) The following acts constitute grounds for which the

7841 disciplinary actions in subsection (3) may be taken:

7842 (k) Violating a rule of the department ~~or board~~ or any

7843 order of the department ~~or board~~ previously entered in a

7844 disciplinary hearing.

7845 (2) The department ~~board~~ shall specify, by rule, what acts

7846 or omissions constitute a violation of subsection (1).

7847 (3) When the department ~~board~~ finds any person guilty of

7848 any of the grounds set forth in subsection (1), it may enter an

7849 order imposing one or more of the following penalties:

7850 (a) Denial of an application for licensure.

7851 (b) Revocation or suspension of a license.

7852 (c) Imposition of an administrative fine not to exceed

7853 $1,000 for each count or separate offense.

7854 (d) Issuance of a reprimand.

7855 (e) Placement of the licensee on probation for a period of

7856 time and subject to such conditions as the department ~~board~~ may

7857 specify.

7858 (f) Restriction of the authorized scope of practice by the

7859 licensee.

7860 (4) The department shall reissue the license of a

7861 disciplined professional geologist upon certification by the

7862 department ~~board~~ that the disciplined person has complied with

7863 the terms and conditions set forth in the final order.

7864 Section 238. Subsections (11) and (12) of section 493.6101, Florida Statutes, are amended to read:

7866 493.6101 Definitions.—

7867 (11) "Sponsor" means any Class "C," Class "MA," or Class

7868 "M" licensee who supervises and maintains under his or her

7869 direction and control a Class "CC" provisional licensee ~~intern;~~

7870 ~~or any Class "E" or Class "MR" licensee who supervises and~~

7871 ~~maintains under his or her direction and control a Class "EE"~~

7872 ~~intern.~~

7873 (12) "Provisional licensee" ~~"Intern"~~ means an individual

7874 who studies as a trainee or apprentice under the direction and

7875 control of a designated sponsoring licensee.

7876 Section 239. Subsection (7) of section 493.6105, Florida

7877 Statutes, is amended to read:

7878 493.6105 Initial application for license.—

7879 ~~(7) In addition to the application requirements for~~

7880 ~~individuals, partners, or officers outlined under subsection~~

7881 ~~(3), the application for an agency license must contain the~~

7882 ~~following information:~~

7883 ~~(a) The proposed name under which the agency intends to~~

7884 ~~operate.~~

7885 ~~(b) The street address, mailing address, and telephone~~

7886 ~~numbers of the principal location at which business is to be~~

7887 ~~conducted in this state.~~

7888 ~~(c) The street address, mailing address, and telephone~~

7889 ~~numbers of all branch offices within this state.~~

7890 ~~(d) The names and titles of all partners or, in the case~~

7891 ~~of a corporation, the names and titles of its principal~~

7892 ~~officers.~~

7893 Section 240. Subsection (2) of section 493.6106, Florida

7894 Statutes, is amended to read:

7895 493.6106 License requirements; posting.—

7896 (2) Each agency shall have a minimum of one physical

7897 location within this state from which the normal business of the

7898 agency is conducted, and this location shall be considered the

7899 primary office for that agency in this state.

7900 ~~(a)~~ If an agency or branch office desires to change the

7901 physical location of the business, as it appears on the license,

7902 the department must be notified within 10 days after the change,

7903 and, except upon renewal, the fee prescribed in s. 493.6107 must

7904 be submitted for each license requiring revision. Each license

7905 requiring revision must be returned with such notification.

7906 ~~(b) The Class "A," Class "B," or Class "R" license and any~~

7907 ~~branch office or school license shall at all times be posted in~~

7908 ~~a conspicuous place at the licensed physical location in this~~

7909 ~~state where the business is conducted.~~

7910 ~~(c) Each Class "A," Class "B," Class "R," branch office,~~

7911 ~~or school licensee shall display, in a place that is in clear~~

7912 ~~and unobstructed public view, a notice on a form prescribed by~~

7913 ~~the department stating that the business operating at this~~

7914 ~~location is licensed and regulated by the Department of~~

7915 ~~Agriculture and Consumer Services and that any questions or~~

7916 ~~complaints should be directed to the department.~~

7917 ~~(d) A minimum of one properly licensed manager shall be~~

7918 ~~designated for each agency and branch office location.~~

7919 Section 241. Subsections (4), (5), and (6) of section

7920 493.6111, Florida Statutes, are renumbered as subsections (3),

7921 (4), and (5), respectively, and subsection (2) and present

7922 subsection (3) of that section are amended to read:

7923 493.6111 License; contents; identification card.—

7924 (2) Licenses shall be valid for a period of 4 2 years,

7925 ~~except for Class "A," Class "B," Class "AB," Class "K," Class~~

7926 ~~"R," and branch agency licenses, which shall be valid for a~~

7927 ~~period of 3 years.~~

7928 ~~(3) The department shall, upon complete application and~~

7929 ~~payment of the appropriate fees, issue a separate license to~~

7930 ~~each branch office for which application is made.~~

7931 Section 242. Subsection (1) and paragraph (b) of

7932 subsection (3) of section 493.6113, Florida Statutes, are

7933 amended to read:

7934 493.6113 Renewal application for licensure.—

7935 (1) A license granted under the provisions of this chapter

7936 shall be renewed every 4 years ~~biennially~~ by the department,

7937 ~~except for Class "A," Class "B," Class "AB," Class "K," Class~~

7938 ~~"R," and branch agency licenses, which shall be renewed every 3~~

7939 ~~years.~~

7940 (3) Each licensee is responsible for renewing his or her

7941 license on or before its expiration by filing with the

7942 department an application for renewal accompanied by payment of

7943 the renewal fee and the fingerprint retention fee to cover the

7944 cost of ongoing retention in the statewide automated biometric

7945 identification system established in s. 943.05(2)(b). Upon the

7946 first renewal of a license issued under this chapter before

7947 January 1, 2017, the licensee shall submit a full set of

7948 fingerprints and fingerprint processing fees to cover the cost

7949 of entering the fingerprints into the statewide automated

7950 biometric identification system pursuant to s. 493.6108(4)(a)

7951 and the cost of enrollment in the Federal Bureau of

7952 Investigation's national retained print arrest notification

7953 program. Subsequent renewals may be completed without submission

7954 of a new set of fingerprints.

7955 (b) Each Class "G" licensee shall additionally submit

7956 proof that he or she has received during each year of the

7957 license period a minimum of 4 hours of firearms requalification

7958 training taught by a Class "K" licensee and has complied with

7959 such other health and training requirements that the department

7960 shall adopt by rule. Proof of completion of firearms

7961 requalification training shall be submitted to the department

7962 upon completion of the training. A Class "G" licensee must

7963 successfully complete this requalification training for each

7964 type and caliber of firearm carried in the course of performing

7965 his or her regulated duties. At the discretion of a Class "K"

7966 instructor, a Class "G" licensee may qualify for up to two

7967 calibers of firearms in one 4-hour firearm requalification class

7968 if the licensee successfully completes training for each

7969 firearm, including a separate course of fire for each caliber of

7970 firearm. If the licensee fails to complete the required 4 hours

7971 of annual training during the first year of the 2-year term of

7972 the license, the license is automatically suspended. The

7973 licensee must complete the minimum number of hours of range and

7974 classroom training required at the time of initial licensure and

7975 submit proof of completion of such training to the department

7976 before the license may be reinstated. If the licensee fails to

7977 complete the required 4 hours of annual training during the

7978 second year of the 4-year ~~2-year~~ term of the license, the

7979 licensee must complete the minimum number of hours of range and

7980 classroom training required at the time of initial licensure and

7981 submit proof of completion of such training to the department

7982 before the license may be renewed. The department may waive the

7983 firearms training requirement if:

7984 1. The applicant provides proof that he or she is

7985 currently certified as a law enforcement officer or correctional

7986 officer under the Criminal Justice Standards and Training

7987 Commission and has completed law enforcement firearms

7988 requalification training annually during the previous 4 years 2

7989 ~~years~~ of the licensure period;

7990 2. The applicant provides proof that he or she is

7991 currently certified as a federal law enforcement officer and has

7992 received law enforcement firearms training administered by a

7993 federal law enforcement agency annually during the previous 4

7994 years ~~2 years~~ of the licensure period;

7995 3. The applicant submits a valid firearm certificate among

7996 those specified in s. 493.6105(6)(a) and provides proof of

7997 having completed requalification training during the previous 4

7998 years ~~2 years~~ of the licensure period; or

7999 4. The applicant provides proof that he or she has

8000 completed annual firearms training in accordance with the

8001 requirements of the federal Law Enforcement Officers Safety Act

8002 under 18 U.S.C. ss. 926B-926C.

8003 Section 243. Section 493.6116, Florida Statutes, is

8004 amended to read:

8005 493.6116 Sponsorship of provisional licensees ~~interns.—~~

8006 (1) Only licensees may sponsor provisional licensees

8007 ~~interns.~~ A Class "C," Class "M," or Class "MA" licensee may

8008 sponsor a Class "CC" provisional licensees ~~private investigator~~

8009 ~~intern; a Class "E" or Class "MR" licensee may sponsor a Class~~

8010 ~~"EE" recovery agent intern.~~

8011 (2) Provisional licensure ~~An internship~~ may not commence

8012 until the sponsor has submitted to the department the notice of

8013 intent to sponsor. Such notice shall be on a form provided by

8014 the department.

8015 (3) Provisional licensure ~~Internship is~~ intended to serve

8016 as a learning process. Sponsors shall assume a training status

8017 by providing direction and control of provisional licensees

8018 ~~interns.~~ Sponsors shall not allow provisional licensees ~~interns~~

8019 to operate independently of such direction and control or

8020 require provisional licensees ~~interns~~ to perform activities that

8021 do not enhance the provisional licensee's ~~intern's~~ qualification

8022 for licensure. Provisional licensees ~~Interns~~ must perform

8023 regulated duties within the boundaries of this state during the

8024 period of provisional licensure ~~internship.~~

8025 (4) No sponsor may sponsor more than six provisional

8026 licensees ~~interns~~ at the same time.

8027 (5) A sponsor ~~shall certify a biannual progress report on~~

8028 ~~each intern and~~ shall certify completion or termination of

8029 provisional licensure ~~an internship~~ to the department within 15

8030 days after such completion or termination. The report must be

8031 made on a form provided by the department and must include at a

8032 minimum:

8033 (a) The inclusive dates of the provisional licensure

8034 ~~internship.~~

8035 (b) A narrative part explaining the primary duties, types

8036 of experiences gained, and the scope of training received.

8037 (c) An evaluation of the performance of the provisional

8038 licensee ~~intern~~ and a recommendation regarding future licensure.

8039 Section 244. Paragraphs (r) and (x) of subsection (1) of section 493.6118, Florida Statutes, are amended to read:

8041 493.6118 Grounds for disciplinary action.—

8042 (1) The following constitute grounds for which

8043 disciplinary action specified in subsection (2) may be taken by

8044 the department against any licensee, agency, or applicant

8045 regulated by this chapter, or any unlicensed person engaged in

8046 activities regulated under this chapter:

8047 (r) Failure or refusal by a sponsor to certify a ~~biannual~~

8048 written report on an provisional private investigator ~~intern~~ or

8049 to certify completion or termination of an provisional private

8050 investigator ~~internship~~ to the department within 15 working

8051 days.

8052 (x) In addition to the grounds for disciplinary action

8053 prescribed in paragraphs (a)-(t) and, ~~Class "R" recovery~~

8054 ~~agencies ,~~ Class "E" recovery agents, ~~and Class "EE" recovery~~

8055 ~~agent interns~~ are prohibited from committing the following acts:

8056 1. Recovering a motor vehicle, mobile home, motorboat,

8057 aircraft, personal watercraft, all-terrain vehicle, farm

8058 equipment, or industrial equipment that has been sold under a

8059 conditional sales agreement or under the terms of a chattel

8060 mortgage before authorization has been received from the legal

8061 owner or mortgagee.

8062 2. Charging for expenses not actually incurred in

8063 connection with the recovery, transportation, storage, or

8064 disposal of repossessed property or personal property obtained

8065 in a repossession.

8066 3. Using any repossessed property or personal property

8067 obtained in a repossession for the personal benefit of a

8068 licensee or an officer, director, partner, manager, or employee

8069 of a licensee.

8070 4. Selling property recovered under ~~the provisions of~~ this

8071 chapter, except with written authorization from the legal owner

8072 or the mortgagee thereof.

8073 5. Failing to notify the police or sheriff's department of

8074 the jurisdiction in which the repossessed property is recovered

8075 within 2 hours after recovery.

8076 6. Failing to remit moneys collected in lieu of recovery

8077 of a motor vehicle, mobile home, motorboat, aircraft, personal

8078 watercraft, all-terrain vehicle, farm equipment, or industrial

8079 equipment to the client within 10 working days.

8080 7. Failing to deliver to the client a negotiable

8081 instrument that is payable to the client, within 10 working days

8082 after receipt of such instrument.

8083 8. Falsifying, altering, or failing to maintain any

8084 required inventory or records regarding disposal of personal

8085 property contained in or on repossessed property pursuant to s.

8086 493.6404(1).

8087 9. Carrying any weapon or firearm when he or she is on

8088 private property and performing duties under his or her license

8089 whether or not he or she is licensed pursuant to s. 790.06.

8090 10. Soliciting from the legal owner the recovery of

8091 property subject to repossession after such property has been

8092 seen or located on public or private property if the amount

8093 charged or requested for such recovery is more than the amount

8094 normally charged for such a recovery.

8095 11. Wearing, presenting, or displaying a badge in the

8096 course of performing a repossession regulated by this chapter.

8097 Section 245. Subsection (6) of section 493.6120, Florida

8098 Statutes, is amended to read:

8099 493.6120 Violations; penalty.—

8100 (6) A person who was an owner, officer, partner, or

8101 manager of an ~~a licensed~~ agency or a Class "DS" or "RS" school

8102 or training facility ~~at the time of any activity that is the~~

8103 ~~basis for revocation of the agency or branch office license or~~

8104 ~~the school or training facility license and~~ who knew or should

8105 have known of unlawful ~~the~~ activity shall have his or her

8106 personal licenses or approval suspended for 3 years and may not

8107 have any financial interest in or be employed in any capacity by

8108 an ~~a licensed~~ agency or a school or training facility during the

8109 period of suspension.

8110 Section 246. Subsection (2) of section 493.6123, Florida

8111 Statutes, is amended to read:

8112 493.6123 Publication to industry.—

8113 (2) The department shall develop and make available to

8114 each Class "C," Class "D," and Class "E" licensee and all

8115 provisional private investigators ~~interns~~ a pamphlet detailing

8116 in plain language the legal authority, rights, and obligations

8117 of his or her class of licensure. Within the pamphlet, the

8118 department should endeavor to present situations that the

8119 licensee may be expected to commonly encounter in the course of

8120 doing business pursuant to his or her specific license, and

8121 provide to the licensee information on his or her legal options,

8122 authority, limits to authority, and obligations. The department

8123 shall supplement this with citations to statutes and legal

8124 decisions, as well as a selected bibliography that would direct

8125 the licensee to materials the study of which would enhance his

8126 or her professionalism. The department shall provide a single

8127 copy of the appropriate pamphlet without charge to each

8128 individual to whom a license is issued, but may charge for

8129 additional copies to recover its publication costs. The pamphlet

8130 shall be updated every 2 years as necessary to reflect rule or

8131 statutory changes, or court decisions. Intervening changes to

8132 the regulatory situation shall be noticed in the industry

8133 newsletter issued pursuant to subsection (1).

8134 Section 247. Section 493.6201, Florida Statutes, is

8135 amended to read:

8136 493.6201 Classes of licenses.—

8137 (1) Any person, firm, company, partnership, or corporation

8138 which engages in business as a private investigative agency

8139 shall have a Class "A" license. A Class "A" license is valid for

8140 all locations ~~only one location.~~

8141 ~~(2) Each branch office of a Class "A" agency shall have a~~

8142 ~~Class "AA" license. Where a person, firm, company, partnership,~~

8143 ~~or corporation holds both a Class "A" and Class "B" license,~~

8144 ~~each additional or branch office shall have a Class "AB"~~

8145 ~~license.~~

8146 ~~(3) Any individual who performs the services of a manager~~

8147 ~~for a:~~

8148 ~~(a) Class "A" private investigative agency or Class "AA"~~

8149 ~~branch office shall have a Class "MA" license. A Class "C" or~~

8150 ~~Class "M" licensee may be designated as the manager, in which~~

8151 ~~case the Class "MA" license is not required.~~

8152 ~~(b) Class "A" and "B" agency or a Class "AB" branch office~~

8153 ~~shall have a Class "M" license.~~

8154 ~~(4) Class "C" or Class "CC" licensees shall own or be an~~

8155 ~~employee of a Class "A" agency, a Class "A" and Class "B"~~

8156 ~~agency, or a branch office. This does not include those who are~~

8157 ~~exempt under s. 493.6102, but who possess a Class "C" license~~

8158 ~~solely for the purpose of holding a Class "G" license.~~

8159 (2)(5) Any individual who performs the services of a

8160 private investigator shall have a Class "C" license.

8161 (3)(6) Any individual who performs private investigative

8162 work as an provisional private investigator ~~intern~~ under the

8163 direction and control of a designated, sponsoring Class "C"

8164 licensee ~~or a designated, sponsoring Class "MA" or Class "M"~~

8165 ~~licensee~~ must have a Class "CC" license.

8166 (4)(7) Only ~~Class "M," Class "MA,"~~ Class "C," or Class

8167 "CC" licensees are permitted to bear a firearm, and any such

8168 licensee who bears a firearm shall also have a Class "G"

8169 license.

8170 (5)(8) A Class "C" or Class "CC" licensee may perform

8171 bodyguard services without obtaining a Class "D" license.

8172 Section 248. Section 493.6202, Florida Statutes, is

8173 amended to read:

8174 493.6202 Fees.—

8175 (1) The department shall establish by rule examination and

8176 license fees, not to exceed a ~~the following:~~

8177 (a) Class "A" license—private investigative agency: $450.

8178 ~~(b) Class "AA" or "AB" license—branch office: $125.~~

8179 ~~(c) Class "MA" license—private investigative agency~~

8180 ~~manager: $75.~~

8181 (b)(d) Class "C" license—private investigator: $75.

8182 (c)(e) Class "CC" license—provisional private investigator

8183 ~~intern:~~ $60.

8184 (2) The department may establish by rule a fee for the

8185 replacement or revision of a license, which fee shall not exceed

8186 $30.

8187 (3) The fees set forth in this section must be paid by

8188 check or money order or, at the discretion of the department, by

8189 electronic funds transfer at the time the application is

8190 approved, except that the applicant for a Class "G," Class "C,"

8191 or Class "CC," ~~Class "M," or Class "MA"~~ license must pay the

8192 license fee at the time the application is made. If a license is

8193 revoked or denied or if the application is withdrawn, the

8194 license fee is nonrefundable.

8195 (4) The initial license fee for a veteran, as defined in

8196 s. 1.01, shall be waived if he or she applies for a Class "C,"

8197 or Class "CC," ~~or Class "MA"~~ license within 24 months after

8198 being discharged from any branch of the United States Armed

8199 Forces. An eligible veteran must include a copy of his or her DD

8200 Form 214, as issued by the United States Department of Defense,

8201 or another acceptable form of identification as specified by the

8202 Department of Veterans' Affairs with his or her application in

8203 order to obtain a waiver.

8204 Section 249. Section 493.6203, Florida Statutes, is amended to read:

8206 493.6203 License requirements.—In addition to the license

8207 requirements set forth elsewhere in this chapter, each

8208 individual or agency shall comply with the following additional

8209 requirements:

8210 (1) Each agency or branch office shall designate a minimum

8211 of one appropriately licensed individual to act as manager,

8212 directing the activities of the Class "C" or Class "CC"

8213 employees.

8214 ~~(2) An applicant for a Class "MA" license must have 2~~

8215 ~~years of lawfully gained, verifiable, full-time experience, or~~

8216 ~~training in:~~

8217 ~~(a) Private investigative work or related fields of work~~

8218 ~~that provided equivalent experience or training;~~

8219 ~~(b) Work as a Class "CC" licensed intern;~~

8220 ~~(c) Any combination of paragraphs (a) and (b);~~

8221 ~~(d) Experience described in paragraph (a) for 1 year and~~

8222 ~~experience described in paragraph (e) for 1 year;~~

8223 ~~(e) No more than 1 year using:~~

8224 ~~1. College coursework related to criminal justice,~~

8225 ~~criminology, or law enforcement administration; or~~

8226 ~~2. Successfully completed law enforcement-related training~~

8227 ~~received from any federal, state, county, or municipal agency;~~

8228 or

8229 ~~(f) Experience described in paragraph (a) for 1 year and~~

8230 ~~work in a managerial or supervisory capacity for 1 year.~~

8232 ~~However, experience in performing bodyguard services is not~~

8233 ~~creditable toward the requirements of this subsection.~~

8234 ~~(3) An applicant for a Class "M" license shall qualify for~~

8235 ~~licensure as a Class "MA" manager as outlined under subsection~~

8236 ~~(2) and as a Class "MB" manager as outlined under s.~~

8237 ~~493.6303(2).~~

8238 (2)(4) An applicant for a Class "C" license shall have 6

8239 months ~~2 years~~ of lawfully gained, verifiable, full-time

8240 experience, or training in one, or a combination of more than

8241 one, of the following:

8242 (a) Private investigative work or related fields of work

8243 that provided equivalent experience or training.

8244 (b) College coursework related to criminal justice,

8245 criminology, or law enforcement administration, or successful

8246 completion of any law enforcement-related training received from

8247 any federal, state, county, or municipal agency, ~~except that no~~

8248 ~~more than 1 year may be used from this category.~~

8249 (c) Work as a Class "CC" licensed provisional private

8250 investigator ~~intern.~~

8252 However, experience in performing bodyguard services is not

8253 creditable toward the requirements of this subsection.

8254 (3)(5) An applicant for a ~~Class "MA," Class "M," or~~ Class

8255 "C" license must pass an examination that covers the provisions

8256 of this chapter and is administered by the department or by a

8257 provider approved by the department. The applicant must pass the

8258 examination before applying for licensure and must submit proof

8259 with the license application on a form approved by rule of the

8260 department that he or she has passed the examination. The

8261 administrator of the examination shall verify the identity of

8262 each applicant taking the examination.

8263 (a) The examination requirement in this subsection does

8264 not apply to an individual who holds a valid Class "CC," or

8265 Class "C," ~~Class "MA," or Class "M"~~ license.

8266 (b) Notwithstanding the exemption provided in paragraph

8267 (a), if the license of an applicant for relicensure has been

8268 invalid for more than 1 year, the applicant must take and pass

8269 the examination.

8270 (c) The department shall establish by rule the content of

8271 the examination, the manner and procedure of its administration,

8272 and an examination fee that may not exceed $100.

8273 ~~(4)(a)(6)(a)~~ A Class "CC" licensee must serve an

8274 internship under the direction and control of a designated

8275 sponsor, who is a Class "C," ~~Class "MA," or Class "M"~~ licensee.

8276 (b) Before submission of an application to the department,

8277 the applicant for a Class "CC" license must have completed a

8278 minimum of 40 hours of professional training pertaining to

8279 general investigative techniques and this chapter, which course

8280 is offered by a state university or by a school, community

8281 college, college, or university under the purview of the

8282 Department of Education, and the applicant must pass an

8283 examination. The certificate evidencing satisfactory completion

8284 of the 40 hours of professional training must be submitted with

8285 the application for a Class "CC" license. The training specified

8286 in this paragraph may be provided by face-to-face presentation,

8287 online technology, or a home study course in accordance with

8288 rules and procedures of the Department of Education. The

8289 administrator of the examination must verify the identity of

8290 each applicant taking the examination.

8291 1. Upon an applicant's successful completion of each part

8292 of the approved training and passage of any required

8293 examination, the school, community college, college, or

8294 university shall issue a certificate of completion to the

8295 applicant. The certificates must be on a form established by

8296 rule of the department.

8297 2. The department shall establish by rule the general

8298 content of the professional training and the examination

8299 criteria.

8300 3. If the license of an applicant for relicensure is

8301 invalid for more than 1 year, the applicant must complete the

8302 required training and pass any required examination.

8303 (c) An individual licensed on or before August 31, 2008,

8304 is not required to complete additional training hours in order

8305 to renew an active license beyond the total required hours, and

8306 the timeframe for completion in effect at the time he or she was

8307 licensed applies.

8308 (5)(7) In addition to any other requirement, an applicant

8309 for a Class "G" license shall satisfy the firearms training set

8310 forth in s. 493.6115.

8311 Section 250. Section 493.6301, Florida Statutes, is

8312 amended to read:

8313 493.6301 Classes of licenses.—

8314 (1) Any person, firm, company, partnership, or corporation

8315 which engages in business as a security agency shall have a

8316 Class "B" license. A Class "B" license is valid for only one

8317 location.

8318 ~~(2) Each branch office of a Class "B" agency shall have a~~

8319 ~~Class "BB" license. Where a person, firm, company, partnership,~~

8320 ~~or corporation holds both a Class "A" and Class "B" license,~~

8321 ~~each branch office shall have a Class "AB" license.~~

8322 ~~(3) Any individual who performs the services of a manager~~

8323 ~~for a:~~

8324 ~~(a) Class "B" security agency or Class "BB" branch office~~

8325 ~~shall have a Class "MB" license. A Class "M" licensee, or a~~

8326 ~~Class "D" licensee who has been so licensed for a minimum of 2~~

8327 ~~years, may be designated as the manager, in which case the Class~~

8328 ~~"MB" license is not required.~~

8329 ~~(b) Class "A" and Class "B" agency or a Class "AB" branch~~

8330 ~~office shall have a Class "M" license.~~

8331 ~~(4) A Class "D" licensee shall own or be an employee of a~~

8332 ~~Class "B" security agency or branch office. This does not~~

8333 ~~include those individuals who are exempt under s. 493.6102(4)~~

8334 ~~but who possess a Class "D" license solely for the purpose of~~

8335 ~~holding a Class "G" license.~~

8336 (2)(5) Any individual who performs the services of a

8337 security officer shall have a Class "D" license. However, a

8338 Class "C" licensee ~~or a Class "CC" licensee~~ may perform

8339 bodyguard services without a Class "D" license.

8340 (3)(6) Only ~~Class "M," Class "MB," or~~ Class "D" licensees

8341 are permitted to bear a firearm, and any such licensee who bears

8342 a firearm shall also have a Class "G" license.

8343 (4)(7) Any person who operates a security officer school

8344 or training facility must have a Class "DS" license.

8345 (5)(8) Any individual who teaches or instructs at a Class

8346 "DS" security officer school or training facility must have a

8347 Class "DI" license.

8348 Section 251. Section 493.6302, Florida Statutes, is

8349 amended to read:

8350 493.6302 Fees.—

8351 (1) The department shall establish by rule license fees,

8352 not to exceed the following:

8353 ~~(a) Class "B" license—security agency: $450.~~

8354 ~~(b) Class "BB" or Class "AB" license—branch office: $125.~~

8355 ~~(c) Class "MB" license—security agency manager: $75.~~

8356 (a)(d) Class "D" license—security officer: $45.

8357 (b)(e) Class "DS" license—security officer school or

8358 training facility: $60.

8359 (c)(f) Class "DI" license—security officer school or

8360 training facility instructor: $60.

8361 (2) The department may establish by rule a fee for the

8362 replacement or revision of a license, which fee shall not exceed

8363 $30.

8364 (3) The fees set forth in this section must be paid by

8365 check or money order or, at the discretion of the department, by

8366 electronic funds transfer at the time the application is

8367 approved, except that the applicant for a Class "D," or Class

8368 "G," ~~Class "M," or Class "MB"~~ license must pay the license fee

8369 at the time the application is made. If a license is revoked or

8370 denied or if the application is withdrawn, the license fee is

8371 nonrefundable.

8372 (4) The initial license fee for a veteran, as defined in

8373 s. 1.01, shall be waived if he or she applies for a Class "D,"

8374 or Class "DI," ~~or Class "MB"~~ license within 24 months after

8375 being discharged from any branch of the United States Armed

8376 Forces. An eligible veteran must include a copy of his or her DD

8377 Form 214, as issued by the United States Department of Defense,

8378 or another acceptable form of identification as specified by the

8379 Department of Veterans' Affairs with his or her application in

8380 order to obtain a waiver.

8381 Section 252. Subsections (2) and (3) of section 493.6303,

8382 Florida Statutes, are amended to read:

8383 493.6303 License requirements.—In addition to the license

8384 requirements set forth elsewhere in this chapter, each

8385 individual or agency must comply with the following additional

8386 requirements:

8388 ~~(2) An applicant for a Class "MB" license shall have 2~~

8389 ~~years of lawfully gained, verifiable, full-time experience, or~~

8390 ~~training in:~~

8391 ~~(a) Security work or related fields of work that provided~~

8392 ~~equivalent experience or training;~~

8393 ~~(b) Experience described in paragraph (a) for 1 year and~~

8394 ~~experience described in paragraph (c) for 1 year;~~

8395 ~~(c) No more than 1 year using:~~

8396 ~~1. Either college coursework related to criminal justice,~~

8397 ~~criminology, or law enforcement administration; or~~

8398 ~~2. Successfully completed law enforcement-related training~~

8399 ~~received from any federal, state, county, or municipal agency;~~

8400 or

8401 ~~(d) Experience described in paragraph (a) for 1 year and~~

8402 ~~work in a managerial or supervisory capacity for 1 year.~~

8403 ~~(3) An applicant for a Class "M" license shall qualify for~~

8404 ~~licensure as a Class "MA" manager as outlined under s.~~

8405 ~~493.6203(2) and as a Class "MB" manager as outlined under~~

8406 ~~subsection (2).~~

8407 Section 253. Subsection (1) of section 493.6304, Florida

8408 Statutes, is amended to read:

8409 493.6304 Security officer school or training facility.—

8410 (1) Any school, training facility, or instructor who

8411 offers the training specified in s. 493.6303(2) ~~s. 493.6303(4)~~

8412 for Class "D" applicants shall, before licensure of such school,

8413 training facility, or instructor, file with the department an

8414 application accompanied by an application fee in an amount to be

8415 determined by rule, not to exceed $60. The fee is not

8416 refundable.

8417 Section 254. Subsection (2) of section 493.631, Florida

8418 Statutes, is amended to read:

8419 493.631 Temporary detention by a licensed security officer

8420 or licensed security agency manager at critical infrastructure

8421 facilities.—

8422 (2) As used in this section, the terms "security officer"

8423 and "security agency manager" mean a security officer or

8424 security agency manager who possess a valid Class "D" ~~or Class~~

8425 ~~"MB"~~ license pursuant to s. 493.6301 and a valid Class "G"

8426 license pursuant to s. 493.6115.

8427 Section 255. Section 493.6401, Florida Statutes, is

8428 amended to read:

8429 493.6401 Classes of licenses.—

8430 (1) Any person, firm, company, partnership, or corporation

8431 which engages in business as a recovery agency shall have a

8432 Class "R" license. A Class "R" license is valid for any ~~only one~~

8433 location.

8434 ~~(2) Each branch office of a Class "R" agency shall have a~~

8435 ~~Class "RR" license.~~

8436 ~~(3) Any individual who performs the services of a manager~~

8437 ~~for a Class "R" recovery agency or a Class "RR" branch office~~

8438 ~~must have a Class "MR" license. A Class "E" licensee may be~~

8439 ~~designated as the manager, in which case the Class "MR" license~~

8440 ~~is not required.~~

8441 (2)(4) Any individual who performs the services of a

8442 recovery agent must have a Class "E" license.

8443 ~~(5) Any individual who performs repossession as an intern~~

8444 ~~under the direction and control of a designated, sponsoring~~

8445 ~~Class "E" licensee or a designated, sponsoring Class "MR"~~

8446 ~~licensee shall have a Class "EE" license.~~

8447 (3)(6) Class "E" ~~or Class "EE"~~ licensees shall own or be

8448 an employee of a Class "R" agency ~~or branch office.~~

8449 (4)(7) Any person who operates a recovery agent school or

8450 training facility or who conducts an Internet-based training

8451 course or a correspondence training course must have a Class

8452 "RS" license.

8453 (5)(8) Any individual who teaches or instructs at a Class

8454 "RS" recovery agent school or training facility shall have a

8455 Class "RI" license.

8456 Section 256. Section 493.6402, Florida Statutes, is

8457 amended to read:

8458 493.6402 Fees.—

8459 (1) The department shall establish by rule license fees

8460 not to exceed the following:

8461 (a) Class "R" license—recovery agency: $450.

8462 ~~(b) Class "RR" license—branch office: $125.~~

8463 ~~(c) Class "MR" license—recovery agency manager: $75.~~

8464 (b)(d) Class "E" license—recovery agent: $75.

8465 ~~(e) Class "EE" license—recovery agent intern: $60.~~

8466 (c)(f) Class "RS" license—recovery agent school or

8467 training facility: $60.

8468 (d)(g) Class "RI" license—recovery agent school or

8469 training facility instructor: $60.

8470 (2) The department may establish by rule a fee for the

8471 replacement or revision of a license, which fee shall not exceed

8472 $30.

8473 (3) The fees set forth in this section must be paid by

8474 check or money order, or, at the discretion of the department,

8475 by electronic funds transfer at the time the application is

8476 approved, except that the applicant for a Class "E," ~~Class "EE,"~~

8477 ~~or Class "MR"~~ license must pay the license fee at the time the

8478 application is made. If a license is revoked or denied, or if an

8479 application is withdrawn, the license fee is nonrefundable.

8480 (4) The initial license fee for a veteran, as defined in

8481 s. 1.01, shall be waived if he or she applies for a Class "E,"

8482 ~~Class "EE," Class "MR,"~~ or Class "RI" license within 24 months

8483 after being discharged from any branch of the United States

8484 Armed Forces. An eligible veteran must include a copy of his or

8485 her DD Form 214, as issued by the United States Department of

8486 Defense, or another acceptable form of identification as

8487 specified by the Department of Veterans' Affairs with his or her

8488 application in order to obtain a waiver.

8489 Section 257. Section 493.6403, Florida Statutes, is amended to read:

8491 493.6403 License requirements.—

8492 (1) In addition to the license requirements set forth in

8493 this chapter, ~~each individual or agency shall comply with the~~

8494 ~~following additional requirements:~~

8495 (a) Each agency ~~or branch office~~ must designate a minimum

8496 of one appropriately licensed individual to act as manager,

8497 directing the activities of the Class "E" ~~or Class "EE"~~

8498 employees. A Class "E" licensee may be designated to act as

8499 manager of a Class "R" agency or branch office in which case the

8500 Class "MR" license is not required.

8501 ~~(b) An applicant for Class "MR" license shall have at~~

8502 ~~least 1 year of lawfully gained, verifiable, full-time~~

8503 ~~experience as a Class "E" licensee performing repossessions of~~

8504 ~~motor vehicles, mobile homes, motorboats, aircraft, personal~~

8505 ~~watercraft, all-terrain vehicles, farm equipment, or industrial~~

8506 ~~equipment.~~

8507 (b)(c) An applicant for a Class "E" license shall have at

8508 least 1 year of lawfully gained, verifiable, full-time

8509 experience in ~~one, or a combination of more than one, of the~~

8510 ~~following:~~

8511 1. repossession of motor vehicles as defined in s.

8512 320.01(1), mobile homes as defined in s. 320.01(2), motorboats

8513 as defined in s. 327.02, aircraft as defined in s. 330.27,

8514 personal watercraft as defined in s. 327.02, all-terrain

8515 vehicles as defined in s. 316.2074, farm equipment as defined

8516 under s. 686.402, or industrial equipment as defined in s.

8517 493.6101(22).

8518 ~~2. Work as a Class "EE" licensed intern.~~

8519 (2) An applicant for a Class "E" ~~or a Class "EE"~~ license

8520 must submit proof of successful completion of 40 hours of

8521 professional training at a school or training facility licensed

8522 by the department. The department shall by rule establish the

8523 general content for the training.

8524 Section 258. Subsection (1) of section 493.6406, Florida

8525 Statutes, is amended to read:

8526 493.6406 Recovery agent school or training facility.—

8527 (1) Any school, training facility, or instructor who

8528 offers the training outlined in s. 493.6403(2) for Class "E" or

8529 ~~Class "EE"~~ applicants shall, before licensure of such school,

8530 training facility, or instructor, file with the department an

8531 application accompanied by an application fee in an amount to be

8532 determined by rule, not to exceed $60. The fee shall not be

8533 refundable. This training may be offered as face-to-face

8534 training, Internet-based training, or correspondence training.

8535 Section 259. Paragraph (b) of subsection (1) of section

8536 499.067, Florida Statutes, is amended to read:

8537 499.067 Denial, suspension, or revocation of permit,

8538 certification, or registration.—

8539 (1)

8540 (b) The department may deny an application for a permit or

8541 certification, or suspend or revoke a permit or certification,

8542 if the department finds that:

8543 1. The applicant is not of good moral character or that it

8544 would be a danger or not in the best interest of the public

8545 health, safety, and welfare if the applicant were issued a

8546 permit or certification.

8547 2. The applicant has not met the requirements for the

8548 permit or certification.

8549 3. The applicant is not eligible for a permit or

8550 certification for any of the reasons enumerated in s. 499.012.

8551 4. The applicant, or permittee, ~~or person certified under~~

8552 ~~s. 499.012(15)~~ demonstrates any of the conditions enumerated in

8553 s. 499.012.

8554 5. The applicant, or permittee, ~~or person certified under~~

8555 ~~s. 499.012(15)~~ has committed any violation of this chapter.

8556 Section 260. Subsection (2) of section 501.015, Florida

8557 Statutes, is amended to read:

8558 501.015 Health studios; registration requirements and

8559 fees.—Each health studio shall:

8560 (2) Remit a ~~an annual~~ registration fee every 4 years of

8561 $300 to the department at the time of registration for each of

8562 the health studio's business locations.

8563 (a) The department shall waive the initial registration

8564 fee for an honorably discharged veteran of the United States

8565 Armed Forces, the spouse or surviving spouse of such a veteran,

8566 a current member of the United States Armed Forces who has

8567 served on active duty, the spouse of such a member, the

8568 surviving spouse of a member of the United States Armed Forces

8569 if the member died while serving on active duty, or a business

8570 entity that has a majority ownership held by such a veteran or

8571 spouse or surviving spouse if the department receives an

8572 application, in a format prescribed by the department. The

8573 application format must include the applicant's signature, under

8574 penalty of perjury, and supporting documentation. To qualify for

8575 the waiver:

8576 1. A veteran must provide to the department a copy of his

8577 or her DD Form 214, as issued by the United States Department of

8578 Defense, or another acceptable form of identification as

8579 specified by the Department of Veterans' Affairs;

8580 2. The spouse or surviving spouse of a veteran must

8581 provide to the department a copy of the veteran's DD Form 214,

8582 as issued by the United States Department of Defense, or another

8583 acceptable form of identification as specified by the Department

8584 of Veterans' Affairs, and a copy of a valid marriage license or

8585 certificate verifying that he or she was lawfully married to the

8586 veteran at the time of discharge; or

8587 3. A business entity must provide to the department proof

8588 that a veteran or the spouse or surviving spouse of a veteran

8589 holds a majority ownership in the business, a copy of the

8590 veteran's DD Form 214, as issued by the United States Department

8591 of Defense, or another acceptable form of identification as

8592 specified by the Department of Veterans' Affairs, and, if

8593 applicable, a copy of a valid marriage license or certificate

8594 verifying that the spouse or surviving spouse of the veteran was

8595 lawfully married to the veteran at the time of discharge.

8596 (b) The department shall waive the registration renewal

8597 fee for a registrant who:

8598 1. Is an active duty member of the United States Armed

8599 Forces or the spouse of such member;

8600 2. Is or was a member of the United States Armed Forces

8601 and served on active duty within the 2 years preceding the

8602 renewal date. To qualify for the fee waiver, a registrant who is

8603 a former member of the United States Armed Forces who served on

8604 active duty within the 2 years preceding the expiration date of

8605 the registration must have received an honorable discharge upon

8606 separation or discharge from the United States Armed Forces; or

8607 3. Is the surviving spouse of a member of the United

8608 States Armed Forces if the member was serving on active duty at

8609 the time of death and died within the 2 years preceding the date

8610 of renewal.

8612 A registrant seeking such waiver must apply in a format

8613 prescribed by the department, including the applicant's

8614 signature, under penalty of perjury, and supporting

8615 documentation.

8616 Section 261. Subsections (1) and (5) of section 501.609,

8617 Florida Statutes, are amended to read:

8618 501.609 License renewal.—

8619 (1) Each person licensed under the provisions of this part

8620 must renew his or her license every 4 years ~~annually~~ by paying

8621 the fee for licensing and submitting to the department the

8622 application required by this part.

8623 (5) The department shall waive the ~~annual~~ fee to renew for

8624 a licensee who:

8625 (a) Is an active duty member of the United States Armed

8626 Forces or the spouse of such member;

8627 (b) Is or was a member of the United States Armed Forces,

8628 and served on active duty within the 2 years preceding the

8629 renewal date. To qualify for the fee waiver, a licensee who is a

8630 former member of the United States Armed Forces who served on

8631 active duty within the 2 years preceding the expiration date of

8632 the registration must have received an honorable discharge upon

8633 separation or discharge from the United States Armed Forces; or

8634 (c) Is the surviving spouse of a member of the United

8635 States Armed Forces if the member was serving on active duty at

8636 the time of death and died within the 2 years preceding the

8637 renewal.

8639 A licensee seeking such waiver must apply in a format prescribed

8640 by the department, including the applicant's signature, under

8641 penalty of perjury, and supporting documentation.

8642 Section 262. Subsection (4) of section 507.03, Florida

8643 Statutes, is amended to read:

8644 507.03 Registration.—

8645 (4) A registration must be renewed every 4 years

8646 ~~biennially~~ on or before its expiration date. In order to

8647 establish staggered expiration dates, the department may extend

8648 the expiration date of a registration for a period not to exceed

8649 12 months.

8650 Section 263. Subsection (3) of section 514.0315, Florida

8651 Statutes, is amended to read:

8652 514.0315 Required safety features for public swimming

8653 pools and spas.—

8654 (3) The determination and selection of a feature under

8655 subsection (2) for a public swimming pool or spa constructed

8656 before January 1, 1993, is at the sole discretion of the owner

8657 or operator of the public swimming pool or spa. A licensed

8658 contractor described in s. 489.105(2)(j), (k), or (l) s.

8659 ~~489.105(3)(j), (k), or (l)~~ must install the feature.

8660 Section 264. Section 514.075, Florida Statutes, is amended

8661 to read:

8662 514.075 Public pool service technician; certification.—The

8663 department may require that a public pool, as defined in s.

8664 514.011, be serviced by a person certified as a pool service

8665 technician. To be certified, an individual must demonstrate

8666 knowledge of public pools which includes, but is not limited to:

8667 pool cleaning; general pool maintenance; source of the water

8668 supply; bacteriological, chemical, and physical quality of

8669 water; and water purification, testing, treatment, and

8670 disinfection procedures. The department may, by rule, establish

8671 the requirement for the certification course and course

8672 approval. The department shall deem certified any individual who

8673 is certified by a course of national recognition or any person

8674 licensed under s. 489.105(2)(j), (k), or (l) ~~s. 489.105(3)(j),~~

8675 ~~(k), or (l).~~ This requirement does not apply to a person, or the

8676 direct employee of a person, permitted as a public pool operator

8677 under s. 514.031.

8678 Section 265. Section 527.03, Florida Statutes, is amended

8679 to read:

8680 527.03 Renewal of license.—All licenses required under

8681 this chapter shall be renewed every 4 years ~~annually,~~

8682 ~~biennially, or triennially, as elected by the licensee,~~ subject

8683 to the license fees prescribed in s. 527.02. All renewals must

8684 meet the same requirements and conditions as an annual license

8685 for each licensed year. Any license allowed to expire will

8686 become inoperative because of failure to renew. The fee for

8687 restoration of a license is equal to the original license fee

8688 and must be paid before the licensee may resume operations.

8689 Section 266. Paragraph (c) of subsection (3) of section 539.001, Florida Statutes, is amended to read:

8691 539.001 The Florida Pawnbroking Act.—

8692 (3) LICENSE REQUIRED.—

8693 (c) Each license is valid for a period of 4 years ~~1 year~~

8694 unless it is earlier relinquished, suspended, or revoked. Each

8695 license shall be renewed every 4 years ~~annually,~~ and each

8696 licensee shall, initially ~~and annually thereafter,~~ pay to the

8697 agency a license fee of $300 for each license held. The agency

8698 shall waive the initial license fee for an honorably discharged

8699 veteran of the United States Armed Forces, the spouse or

8700 surviving spouse of such a veteran, a current member of the

8701 United States Armed Forces who has served on active duty, the

8702 spouse of such a member, the surviving spouse of a member of the

8703 United States Armed Forces if the member died while serving on

8704 active duty, or a business entity that has a majority ownership

8705 held by such a veteran or spouse or surviving spouse if the

8706 agency receives an application, in a format prescribed by the

8707 agency. The application format must include the applicant's

8708 signature, under penalty of perjury, and supporting

8709 documentation. To qualify for the waiver:

8710 1. A veteran must provide to the agency a copy of his or

8711 her DD Form 214, as issued by the United States Department of

8712 Defense, or another acceptable form of identification as

8713 specified by the Department of Veterans' Affairs;

8714 2. The spouse or surviving spouse of a veteran must

8715 provide to the agency a copy of the veteran's DD Form 214, as

8716 issued by the United States Department of Defense, or another

8717 acceptable form of identification as specified by the Department

8718 of Veterans' Affairs, and a copy of a valid marriage license or

8719 certificate verifying that he or she was lawfully married to the

8720 veteran at the time of discharge; or

8721 3. A business entity must provide to the agency proof that

8722 a veteran or the spouse or surviving spouse of a veteran holds a

8723 majority ownership in the business, a copy of the veteran's DD

8724 Form 214, as issued by the United States Department of Defense,

8725 or another acceptable form of identification as specified by the

8726 Department of Veterans' Affairs, and, if applicable, a copy of a

8727 valid marriage license or certificate verifying that the spouse

8728 or surviving spouse of the veteran was lawfully married to the

8729 veteran at the time of discharge. Section 267. Subsection (10) of section 553.79, Florida

8731 Statutes, is amended to read:

8732 553.79 Permits; applications; issuance; inspections.—

8733 (10) No enforcing agency may issue a building permit for

8734 construction of any threshold building except to a licensed

8735 general contractor, as defined in s. 489.105(2)(a) s.

8736 ~~489.105(3)(a),~~ or to a licensed building contractor, as defined

8737 in s. 489.105(2)(b) ~~s. 489.105(3)(b),~~ within the scope of her or

8738 his license. The named contractor to whom the building permit is

8739 issued shall have the responsibility for supervision, direction,

8740 management, and control of the construction activities on the

8741 project for which the building permit was issued.

8742 Section 268. Paragraph (d) of subsection (1) of section

8743 553.791, Florida Statutes, is amended to read:

8744 553.791 Alternative plans review and inspection.—

8745 (1) As used in this section, the term:

8746 (d) "Building code inspection services" means those

8747 services described in s. 468.603 (4) and (7) ~~s. 468.603(5) and~~

8748 ~~(8)~~ involving the review of building plans as well as those

8749 services involving the review of site plans and site work

8750 engineering plans or their functional equivalent, to determine

8751 compliance with applicable codes and those inspections required

8752 by law, conducted either in person or virtually, of each phase

8753 of construction for which permitting by a local enforcement

8754 agency is required to determine compliance with applicable

8755 codes.

8756 Section 269. Section 553.998, Florida Statutes, is amended

8757 to read:

8758 553.998 Compliance.—All ratings must be determined using

8759 tools and procedures developed by the systems recognized under

8760 this part and must be certified by the rater as accurate and

8761 correct and in compliance with procedures of the system under

8762 which the rater is certified. The local enforcement agency shall

8763 accept duct and air infiltration tests conducted in accordance

8764 with the Florida Building Code, 5th Edition (2014) Energy

8765 Conservation, by individuals as defined in s. 553.993(5) or (7)

8766 or individuals licensed as set forth in s. 489.105(2)(f), (g),

8767 or (i) ~~s. 489.105(3)(f), (g), or (i).~~ The local enforcement

8768 agency may accept inspections in whole or in part by individuals

8769 as defined in s. 553.993(5) or (7).

8770 Section 270. Subsections (2), (5), and (8) of section

8771 559.904, Florida Statutes, are amended to read:

8772 559.904 Motor vehicle repair shop registration;

8773 application; exemption.—

8774 (2) Any motor vehicle repair shop maintaining more than

8775 one place of business may file a single application every 4

8776 years ~~biennially,~~ which, along with the other information

8777 required by this part, clearly indicates the location of and the

8778 individual in charge of each facility or in the case of a mobile

8779 motor vehicle repair shop, the home address of the owner, if

8780 different from the business address. In such case, fees shall be

8781 paid for each place of business.

8782 (5) No ~~biennial~~ registration fee is required for any motor

8783 vehicle repair shop which has a local municipal or county

8784 license issued pursuant to an ordinance containing standards

8785 which the department determines are at least equal to the

8786 requirements of this part, or for any motor vehicle dealer

8787 licensed pursuant to chapter 320.

8788 (8) Each registration must be renewed ~~biennially~~ on or

8789 before the expiration date of the current registration. A late

8790 fee of $25 shall be paid, in addition to the registration fee or

8791 any other penalty, for any registration renewal application that

8792 is received by the department after the expiration date of the

8793 current registration. The department may not issue the

8794 registration until all fees are paid.

8795 Section 271. Subsection (3) of section 559.928, Florida

8796 Statutes, is amended to read:

8797 559.928 Registration.—

8798 (3) Each independent agent shall ~~annually~~ file an

8799 application with the department every 4 years before engaging in

8800 business in this state. This application must include the

8801 independent agent's full name, legal business or trade name,

8802 mailing address, business address, telephone number, and the

8803 name and address of each seller of travel represented by the

8804 independent agent. A letter evidencing proof of filing must be

8805 issued by the department and must be prominently displayed in

8806 the independent agent's primary place of business. Each

8807 independent agent must also submit a ~~an annual~~ registration fee

8808 of $50. All moneys collected pursuant to the imposition of the

8809 fee shall be deposited by the Chief Financial Officer into the

8810 General Inspection Trust Fund of the Department of Agriculture

8811 and Consumer Services for the sole purpose of administrating

8812 this part. As used in this subsection, the term "independent

8813 agent" means a person who represents a seller of travel by

8814 soliciting persons on its behalf; who has a written contract

8815 with a seller of travel which is operating in compliance with

8816 this part and any rules adopted thereunder; who does not receive

8817 a fee, commission, or other valuable consideration directly from

8818 the purchaser for the seller of travel; who does not at any time

8819 have any unissued ticket stock or travel documents in his or her

8820 possession; and who does not have the ability to issue tickets,

8821 vacation certificates, or any other travel document. The term

8822 "independent agent" does not include an affiliate of the seller

8823 of travel, as that term is used in s. 559.935(3), or the

8824 employees of the seller of travel or of such affiliates.

8825 Section 272. Paragraph (a) of subsection (2) of section

8826 627.192, Florida Statutes, is amended to read:

8827 627.192 Workers' compensation insurance; employee leasing

8828 arrangements.—

8829 (2) For purposes of the Florida Insurance Code:

8830 (a) "Employee leasing" shall have the same meaning as

8831 provided in s. 468.520(3) ~~set forth in s. 468.520(4).~~

8832 Section 273. Subsection (6) of section 633.216, Florida

8833 Statutes, is amended to read:

8834 633.216 Inspection of buildings and equipment; orders;

8835 firesafety inspection training requirements; certification;

8836 disciplinary action.—The State Fire Marshal and her or his

8837 agents or persons authorized to enforce laws and rules of the

8838 State Fire Marshal shall, at any reasonable hour, when the State

8839 Fire Marshal has reasonable cause to believe that a violation of

8840 this chapter or s. 509.215, or a rule adopted thereunder, or a

8841 minimum firesafety code adopted by the State Fire Marshal or a

8842 local authority, may exist, inspect any and all buildings and

8843 structures which are subject to the requirements of this chapter

8844 or s. 509.215 and rules adopted thereunder. The authority to

8845 inspect shall extend to all equipment, vehicles, and chemicals

8846 which are located on or within the premises of any such building

8847 or structure.

8848 ~~(6) The division and the Florida Building Code~~

8849 ~~Administrators and Inspectors Board, established pursuant to s.~~

8850 ~~468.605, shall enter into a reciprocity agreement to facilitate~~

8851 ~~joint recognition of continuing education recertification hours~~

8852 ~~for certificateholders licensed under s. 468.609 and firesafety~~

8853 ~~inspectors certified under subsection (2).~~

8854 Section 274. Subsection (8) of section 713.01, Florida Statutes, is amended to read:

8856 713.01 Definitions.—As used in this part, the term:

8857 (8) "Contractor" means a person other than a materialman

8858 or laborer who enters into a contract with the owner of real

8859 property for improving it or who takes over from a contractor as

8860 so defined the entire remaining work under such contract. The

8861 term "contractor" includes an architect, landscape architect, or

8862 engineer who improves real property pursuant to a design-build

8863 contract authorized by s. 489.103(16). The term also includes a

8864 licensed general contractor or building contractor, as those

8865 terms are defined in s. 489.105(2)(a) and (b) ~~s. 489.105(3)(a)~~

8866 ~~and (b),~~ respectively, who provides construction management

8867 services, which include scheduling and coordinating

8868 preconstruction and construction phases for the construction

8869 project, or who provides program management services, which

8870 include schedule control, cost control, and coordinating the

8871 provision or procurement of planning, design, and construction

8872 for the construction project.

8873 Section 275. Subsection (4) of section 259.1053, Florida

8874 Statutes, is amended, to read:

8875 259.1053 Babcock Ranch Preserve; ~~Babcock Ranch Advisory~~

8876 ~~Group.—~~

8877 ~~(4) BABCOCK RANCH ADVISORY GROUP.—~~

8878 ~~(a) The purpose of the Babcock Ranch Advisory Group is to~~

8879 ~~assist the department by providing guidance and advice~~

8880 ~~concerning the management and stewardship of the Babcock Ranch~~

8881 ~~Preserve.~~

8882 ~~(b) The Babcock Ranch Advisory Group shall be comprised of~~

8883 ~~nine members appointed to 5-year terms. Based on recommendations~~

8884 ~~from the Governor and Cabinet, the commission, and the governing~~

8885 ~~boards of Charlotte County and Lee County, the commissioner~~

8886 ~~shall appoint members as follows:~~

8887 ~~1. One member with experience in sustainable management of~~

8888 ~~forest lands for commodity purposes.~~

8889 ~~2. One member with experience in financial management,~~

8890 ~~budget and program analysis, and small business operations.~~

8891 ~~3. One member with experience in management of game and~~

8892 ~~nongame wildlife and fish populations, including hunting,~~

8893 ~~fishing, and other recreational activities.~~

8894 ~~4. One member with experience in domesticated livestock~~

8895 ~~management, production, and marketing, including range~~

8896 ~~management and livestock business management.~~

8897 ~~5. One member with experience in agriculture operations or~~

8898 ~~forestry management.~~

8899 ~~6. One member with experience in hunting, fishing, nongame~~

8900 ~~species management, or wildlife habitat management, restoration,~~

8901 ~~and conservation.~~

8902 ~~7. One member with experience in public outreach and~~

8903 ~~education.~~

8904 ~~8. One member who is a resident of Lee County, to be~~

8905 ~~designated by the Board of County Commissioners of Lee County.~~

8906 ~~9. One member who is a resident of Charlotte County, to be~~

8907 ~~designated by the Board of County Commissioners of Charlotte~~

8908 ~~County.~~

8910 ~~Vacancies will be filled in the same manner in which the~~

8911 ~~original appointment was made. A member appointed to fill a~~

8912 ~~vacancy shall serve for the remainder of that term.~~

8913 ~~(c) Members of the Babcock Ranch Advisory Group shall:~~

8914 ~~1. Elect a chair and vice chair from among the group~~

8915 ~~members.~~

8916 ~~2. Meet regularly as determined by the chair.~~

8917 ~~3. Serve without compensation but shall receive~~

8918 ~~reimbursement for travel and per diem expenses as provided in s.~~

8919 ~~112.061.~~

8920 Section 276. Subsection (2) of section 399.035, Florida

8921 Statutes, is amended to read:

8922 399.035 Elevator accessibility requirements for the

8923 physically handicapped.—

8924 (2) Any building that is more than three stories high or

8925 in which the vertical distance between the bottom terminal

8926 landing and the top terminal landing exceeds 25 feet must be

8927 constructed to contain at least one passenger elevator that is

8928 operational and will accommodate an ambulance stretcher size

8929 specified in the edition of the Florida Building Code that was

8930 in effect at the time of receipt of an application for

8931 construction permit for the elevator ~~76 inches long and 24~~

8932 ~~inches wide in the horizontal position.~~

8933 Section 277. Paragraph (a) of subsection (3) of section

8934 455.02, Florida Statutes, is amended to read:

8935 455.02 Licensure of members of the Armed Forces in good

8936 standing and their spouses or surviving spouses with

8937 administrative boards or programs.—

8938 (3)(a) The department shall issue a professional license

8939 to an applicant who is or was an active duty member of the Armed

8940 Forces of the United States, or who is a spouse or surviving

8941 spouse of such member, upon application to the department in a

8942 format prescribed by the department. An application must include

8943 proof that:

8944 1. The applicant is or was an active duty member of the

8945 Armed Forces of the United States or is married to a member of

8946 the Armed Forces of the United States and was married to the

8947 member during any period of active duty or was married to such a

8948 member who at the time of the member's death was serving on

8949 active duty. An applicant who was an active duty member of the

8950 Armed Forces of the United States must have received an

8951 honorable discharge upon separation or discharge from the Armed

8952 Forces of the United States.

8953 2. The applicant holds a valid license for the profession

8954 issued by another state, the District of Columbia, any

8955 possession or territory of the United States, or any foreign

8956 jurisdiction.

8957 3. The applicant, where required by the specific practice

8958 act, has complied with insurance or bonding requirements.

8959 4.a. A complete set of the applicant's fingerprints is

8960 submitted to the Department of Law Enforcement for a statewide

8961 criminal history check for those professions that require

8962 fingerprints for initial licensure.

8963 b. The Department of Law Enforcement shall forward the

8964 fingerprints submitted pursuant to sub-subparagraph a. to the

8965 Federal Bureau of Investigation for a national criminal history

8966 check. The department shall, and the board may, review the

8967 results of the criminal history checks according to the level 2

8968 screening standards in s. 435.04 and determine whether the

8969 applicant meets the licensure requirements. The costs of

8970 fingerprint processing shall be borne by the applicant. If the

8971 applicant's fingerprints are submitted through an authorized

8972 agency or vendor, the agency or vendor must ~~shall~~ collect the

8973 required processing fees and remit the fees to the Department of

8974 Law Enforcement.

8975 Section 278. Subsection (1), paragraph (c) of subsection

8976 (2), subsections (4) and (5), paragraphs (b) and (e) of

8977 subsection (6), paragraphs (a) and (c) of subsection (7), and

8978 subsections (8) and (10) of section 468.609, Florida Statutes,

8979 are amended to read:

8980 468.609 Administration of this part; standards for

8981 certification; additional categories of certification.—

8982 (1) Except as provided in this part, any person who

8983 desires to be certified shall apply to the department ~~board,~~ in

8984 writing upon forms approved and furnished by the department

8985 ~~board,~~ to take the certification examination.

8986 (2) A person may take the examination for certification as

8987 a building code inspector or plans examiner pursuant to this

8988 part if the person:

8989 (c) Meets eligibility requirements according to one of the

8990 following criteria:

8991 1. Demonstrates 4 years' combined experience in the field

8992 of construction or a related field, building code inspection, or

8993 plans review corresponding to the certification category sought;

8994 2. Demonstrates a combination of postsecondary education

8995 in the field of construction or a related field and experience

8996 which totals 3 years, with at least 1 year of such total being

8997 experience in construction, building code inspection, or plans

8998 review;

8999 3. Demonstrates a combination of technical education in

9000 the field of construction or a related field and experience

9001 which totals 3 years, with at least 1 year of such total being

9002 experience in construction, building code inspection, or plans

9003 review;

9004 4. Currently holds a standard certificate issued by the

9005 department ~~board~~ or a firesafety inspector license issued under

9006 chapter 633, with a minimum of 3 years' verifiable full-time

9007 experience in firesafety inspection or firesafety plan review,

9008 and has satisfactorily completed a building code inspector or

9009 plans examiner training program that provides at least 100 hours

9010 but not more than 200 hours of cross-training in the

9011 certification category sought. The department ~~board~~ shall

9012 establish by rule criteria for the development and

9013 implementation of the training programs. The department ~~board~~

9014 must accept all classroom training offered by an approved

9015 provider if the content substantially meets the intent of the

9016 classroom component of the training program;

9017 5. Demonstrates a combination of the completion of an

9018 approved training program in the field of building code

9019 inspection or plan review and a minimum of 2 years' experience

9020 in the field of building code inspection, plan review, fire code

9021 inspections and fire plans review of new buildings as a

9022 firesafety inspector certified under s. 633.216, or

9023 construction. The approved training portion of this requirement

9024 must include proof of satisfactory completion of a training

9025 program that provides at least 200 hours but not more than 300

9026 hours of cross-training that is approved by the department ~~board~~

9027 in the chosen category of building code inspection or plan

9028 review in the certification category sought with at least 20

9029 hours but not more than 30 hours of instruction in state laws,

9030 rules, and ethics relating to professional standards of

9031 practice, duties, and responsibilities of a certificateholder.

9032 The department ~~board~~ shall coordinate with the Building

9033 Officials Association of Florida, Inc., to establish by rule the

9034 development and implementation of the training program. However,

9035 the department ~~board~~ must accept all classroom training offered

9036 by an approved provider if the content substantially meets the

9037 intent of the classroom component of the training program;

9038 6. Currently holds a standard certificate issued by the

9039 department ~~board~~ or a firesafety inspector license issued under

9040 chapter 633 and:

9041 a. Has at least 4 years' verifiable full-time experience

9042 as an inspector or plans examiner in a standard certification

9043 category currently held or has a minimum of 4 years' verifiable

9044 full-time experience as a firesafety inspector licensed under

9045 chapter 633.

9046 b. Has satisfactorily completed a building code inspector

9047 or plans examiner classroom training course or program that

9048 provides at least 200 but not more than 300 hours in the

9049 certification category sought, except for residential training

9050 programs, which must provide at least 500 but not more than 800

9051 hours of training as prescribed by the department ~~board.~~ The

9052 department ~~board~~ shall establish by rule criteria for the

9053 development and implementation of classroom training courses and

9054 programs in each certification category; or

9055 7.a. Has completed a 4-year internship certification

9056 program as a building code inspector or plans examiner,

9057 including an internship program for residential inspectors,

9058 while also employed full time by a municipality, county, or

9059 other governmental jurisdiction, under the direct supervision of

9060 a certified building official. A person may also complete the

9061 internship certification program, including an internship

9062 program for residential inspectors, while employed full time by

9063 a private provider or a private provider's firm that performs

9064 the services of a building code inspector or plans examiner,

9065 while under the direct supervision of a certified building

9066 official. Proof of graduation with a related vocational degree

9067 or college degree ~~or of verifiable work experience~~ may be

9068 exchanged for the internship experience requirement year-for-

9069 year, but may reduce the requirement to no less than 1 year.

9070 Proof of verifiable work experience as an inspector or plans

9071 examiner of any other type may be exchanged for the internship

9072 experience requirement year-for-year, but may reduce the

9073 requirement to no less than 1 year.

9074 b. Has passed an examination administered by the

9075 International Code Council in the certification category sought.

9076 Such examination must be passed before beginning the internship

9077 certification program.

9078 c. Has passed the principles and practice examination

9079 before completing the internship certification program.

9080 d. Has passed a department-approved ~~board-approved~~ 40-hour

9081 code training course in the certification category sought before

9082 completing the internship certification program.

9083 e. Has obtained a favorable recommendation from the

9084 supervising building official after completion of the internship

9085 certification program.

9086 (4) No person may engage in the duties of a building code

9087 administrator, plans examiner, or building code inspector

9088 pursuant to this part after October 1, 1993, unless such person

9089 possesses one of the following types of certificates, currently

9090 valid, issued by the department ~~board~~ attesting to the person's

9091 qualifications to hold such position:

9092 (a) A standard certificate.

9093 (b) A limited certificate.

9094 (c) A provisional certificate.

9095 (5)(a) To obtain a standard certificate, an individual

9096 must pass an examination approved by the department ~~board~~ which

9097 demonstrates that the applicant has fundamental knowledge of the

9098 state laws and codes relating to the construction of buildings

9099 for which the applicant has building code administration, plans

9100 examination, or building code inspection responsibilities. It is

9101 the intent of the Legislature that the examination approved for

9102 certification pursuant to this part be substantially equivalent

9103 to the examinations administered by the International Code

9104 Council.

9105 (b) A standard certificate shall be issued to each

9106 applicant who successfully completes the examination, which

9107 certificate authorizes the individual named thereon to practice

9108 throughout the state as a building code administrator, plans

9109 examiner, or building code inspector within such class and level

9110 as is specified by the department ~~board.~~

9111 (c) The department ~~board~~ may accept proof that the

9112 applicant has passed an examination which is substantially

9113 equivalent to the department-approved ~~board-approved~~ examination

9114 set forth in this section.

9115 (6)

9116 (b) By October 1, 1993, individuals who were employed on

9117 July 1, 1993, as building code administrators, plans examiners,

9118 or building code inspectors, who are not eligible for a standard

9119 certificate, but who wish to continue in such employment, shall

9120 submit to the department ~~board~~ the appropriate application and

9121 certification fees and shall receive a limited certificate

9122 qualifying them to engage in building code administration, plans

9123 examination, or building code inspection in the class, at the

9124 performance level, and within the governmental jurisdiction in

9125 which such person is employed.

9126 (e) By March 1, 2003, or 1 year after the Florida Building

9127 Code is implemented, whichever is later, individuals who were

9128 employed by an educational board, the Department of Education,

9129 or the State University System as building code administrators,

9130 plans examiners, or inspectors, who do not wish to apply for a

9131 standard certificate but who wish to continue in such

9132 employment, shall submit to the department ~~board~~ the appropriate

9133 application and certification fees and shall receive a limited

9134 certificate qualifying such individuals to engage in building

9135 code administration, plans examination, or inspection in the

9136 class, at the performance level, and within the governmental

9137 jurisdiction in which such person is employed.

9138 (7)(a) The department ~~board~~ shall provide for the issuance

9139 of provisional certificates valid for 2 years, as specified by

9140 department ~~board~~ rule, to any building code inspector or plans

9141 examiner who meets the eligibility requirements described in

9142 subsection (2) and any newly employed or promoted building code

9143 administrator who meets the eligibility requirements described

9144 in subsection (3). The provisional license may be renewed by the

9145 department ~~board~~ for just cause; however, a provisional license

9146 is not valid for longer than 3 years.

9147 (c) The department ~~board~~ shall provide for appropriate

9148 levels of provisional certificates and may issue these

9149 certificates with such special conditions or requirements as the

9150 department ~~board~~ deems necessary to protect the public safety

9151 and health. The department ~~board~~ may not place a special

9152 condition or requirement on a provisional certificate with

9153 respect to the requirement of employment by a municipality,

9154 county, or other local governmental agency.

9155 (8) Any individual applying to the department ~~board~~ may be

9156 issued a certificate valid for multiple building code inspection

9157 classes, as deemed appropriate by the department ~~board.~~

9158 (10)(a) The department ~~board~~ may by rule create categories

9159 of certification in addition to those defined in s. 468.603(4)

9160 and (7) ~~s. 468.603(5) and (8).~~ Such certification categories may

9161 ~~shall~~ not be mandatory and may ~~shall~~ not act to diminish the

9162 scope of any certificate created by statute.

9163 (b) The department ~~board~~ shall by rule establish:

9164 1. Reciprocity of certification with any other state that

9165 requires an examination administered by the International Code

9166 Council.

9167 2. That an applicant for certification as a building code

9168 inspector or plans examiner may apply for a provisional

9169 certificate valid for the duration of the internship period.

9170 3. That partial completion of an internship program is

9171 transferable among jurisdictions, private providers, and firms

9172 of private providers on a form prescribed by the department

9173 ~~board.~~

9174 4. That an applicant may apply for a standard certificate

9175 on a form prescribed by the department ~~board~~ upon successful

9176 completion of an internship certification program.

9177 5. That an applicant may apply for a standard certificate

9178 at least 30 days but no more than 60 days before completing the

9179 internship certification program.

9180 6. That a building code inspector or plans examiner who

9181 has standard certification may seek an additional certification

9182 in another category by completing an additional nonconcurrent 1-

9183 year internship program in the certification category sought and

9184 passing an examination administered by the International Code

9185 Council and a department-approved ~~board-approved~~ 40-hour code

9186 training course.

9187 Section 279. Subsection (4) is added to section 471.007,

9188 Florida Statutes, to read:

9189 471.007 Board of Professional Engineers.—

9190 (4) The board is abolished July 1, 2033.

9191 Section 280. Subsection (3) of section 471.015, Florida

9192 Statutes, is amended to read:

9193 471.015 Licensure.—

9194 (3) The board shall certify as qualified for a license by

9195 endorsement an applicant who:

9196 (a) Qualifies to take the fundamentals examination and the

9197 principles and practice examination as set forth in s. 471.013,

9198 has passed a United States national, regional, state, or

9199 territorial licensing examination that is substantially

9200 equivalent to the fundamentals examination and principles and

9201 practice examination required by s. 471.013, and has satisfied

9202 the experience requirements set forth in paragraph (2)(a) and s.

9203 471.013; or

9204 (b) Holds a valid license to practice engineering issued

9205 by another state or territory of the United States, or a foreign

9206 jurisdiction if the criteria for issuance of the license were

9207 substantially the same as the licensure criteria that existed in

9208 this state at the time the license was issued; or

9209 (c) Holds a valid license to practice engineering issued

9210 by a foreign jurisdiction approved by the department and holds

9211 an active Council Record with the National Council of Examiners

9212 for Engineering and Surveying.

9213 Section 281. Effective January 1, 2027, section 473.308,

9214 Florida Statutes, is amended to read:

9215 473.308 Licensure.—

9216 (1) A person desiring to be licensed as a Florida

9217 certified public accountant in this state shall apply to the

9218 department for licensure, and the department shall license any

9219 applicant who the department ~~board~~ certifies is qualified to

9220 practice public accounting.

9221 (2) The department ~~board~~ shall certify for licensure any

9222 applicant who successfully passes the licensure examination and

9223 satisfies the requirements of subsections (4), (5), and (6), and

9224 shall certify for licensure any firm that satisfies the

9225 requirements of ss. 473.309 and 473.3101. The department ~~board~~

9226 may refuse to certify any applicant or firm that has violated

9227 any of the provisions of s. 473.322.

9228 (3) A person desiring to be licensed as a Florida

9229 certified public accountant or a firm desiring to engage in the

9230 practice of public accounting must create and maintain an online

9231 account with the department and provide an e-mail address to

9232 function as the primary means of contact for all communication

9233 from the department. Certified public accountants and firms are

9234 responsible for maintaining accurate contact information on file

9235 with the department and must submit any change in an e-mail

9236 address or street address within 30 days after the change. All

9237 changes must be submitted through the department's online

9238 system.

9239 (4)(a) An applicant for licensure must:

9240 1. Complete ~~have~~ at least 150 semester hours of college

9241 education, including a baccalaureate or higher degree conferred

9242 by an accredited college or university, with a concentration in

9243 accounting and business as prescribed by the department; ~~in the~~

9244 ~~total educational program to the extent specified by the board.~~

9245 2. Hold a master's degree in accounting or finance

9246 conferred by an accredited college or university with a

9247 concentration in accounting and business as prescribed by the

9248 department;

9249 3. Hold a baccalaureate degree in accounting or finance

9250 conferred by an accredited college or university with a

9251 concentration in accounting and business as prescribed by the

9252 department; or

9253 4. Hold a baccalaureate degree in any major course of

9254 study conferred by an accredited college or university and have

9255 completed coursework required for a concentration in accounting

9256 and business as prescribed by the department.

9257 (b) The department shall prescribe the coursework required

9258 for a concentration in accounting and business. The department

9259 may deem that an applicant has satisfied requirements for such

9260 coursework if the applicant receives a baccalaureate or higher

9261 degree in accounting or finance conferred by an accredited

9262 college or university in a state or territory of the United

9263 States. An applicant receiving a baccalaureate or higher degree

9264 with a major course of study other than accounting or finance

9265 must complete the coursework required for a concentration in

9266 accounting and business as prescribed by the department.

9267 (5)(a) An applicant for licensure who completes the

9268 education requirements under subparagraph (4)(a)1. or

9269 subparagraph (4)(a)2. ~~after December 31, 2008,~~ must show ~~that he~~

9270 ~~or she has had~~ 1 year of work experience. An applicant who

9271 completes the education requirements under subparagraph (4)(a)3.

9272 or subparagraph (4)(a)4. must show 2 years of work experience.

9273 (b) The work experience under paragraph (a) ~~This~~

9274 ~~experience~~ shall include providing any type of service or advice

9275 involving the use of accounting, attest, compilation, management

9276 advisory, financial advisory, tax, or consulting skills, all of

9277 which must be verified by a certified public accountant who is

9278 licensed by a state or territory of the United States. This

9279 experience is acceptable if it was gained through employment in

9280 government, industry, academia, or public practice; constituted

9281 a substantial part of the applicant's duties; and was verified

9282 by a certified public accountant licensed by a state or

9283 territory of the United States.

9284 (c) The department ~~board~~ shall adopt rules specifying

9285 standards and providing for the review and approval of the work

9286 experience required by this subsection ~~section.~~

9287 (d)(b) However, an applicant who completed the

9288 requirements of subsection (4) on or before December 31, 2008,

9289 and who passes the licensure examination on or before June 30,

9290 2010, is exempt from the requirements of this subsection.

9291 (6)(a) An applicant for licensure must ~~shall~~ show that she

9292 or he ~~the applicant~~ has good moral character. For purposes of

9293 this paragraph, the term

9294 ~~(7)(a)~~ "good moral character" means a personal history of

9295 honesty, fairness, and respect for the rights of others and for

9296 the laws of this state and nation.

9297 (b) The department ~~board~~ may refuse to certify an

9298 applicant for failure to satisfy this requirement if:

9299 1. The department ~~board~~ finds a reasonable relationship

9300 between the lack of good moral character of the applicant and

9301 the professional responsibilities of a certified public

9302 accountant; and

9303 2. The finding by the department ~~board~~ of lack of good

9304 moral character is supported by competent substantial evidence.

9305 (c) When an applicant is found to be unqualified for a

9306 license because of a lack of good moral character, the

9307 department ~~board~~ shall furnish to the applicant a statement

9308 containing the findings of the department ~~board,~~ a complete

9309 record of the evidence upon which the determination was based,

9310 and a notice of the rights of the applicant to a rehearing and

9311 appeal.

9312 (7)(8) The department ~~board~~ shall certify as qualified for

9313 a license by endorsement an applicant who:

9314 (a) Is not licensed and has not been licensed in any state

9315 or territory and who has met the requirements of this section

9316 for education, work experience, and good moral character and has

9317 passed a national, regional, state, or territorial licensing

9318 examination that is substantially equivalent to the examination

9319 required by s. 473.306; or

9320 (b)1. Holds an active ~~a valid~~ license as a certified

9321 public accountant ~~to practice public accounting~~ issued by

9322 another state or a territory of the United States, if the

9323 applicant has maintained good moral character and, at the time

9324 of licensure by such other state or territory, the applicant was

9325 required to show evidence of having obtained at least a

9326 baccalaureate degree from an accredited college or university

9327 and having passed the Uniform CPA Examination. ~~criteria for~~

9328 ~~issuance of such license were substantially equivalent to the~~

9329 ~~licensure criteria that existed in this state at the time the~~

9330 ~~license was issued;~~

9331 ~~2. Holds a valid license to practice public accounting~~

9332 ~~issued by another state or territory of the United States but~~

9333 ~~the criteria for issuance of such license did not meet the~~

9334 ~~requirements of subparagraph 1.; has met the requirements of~~

9335 ~~this section for education, work experience, and good moral~~

9336 ~~character; and has passed a national, regional, state, or~~

9337 ~~territorial licensing examination that is substantially~~

9338 ~~equivalent to the examination required by s. 473.306; or~~

9339 ~~3. Holds a valid license to practice public accounting~~

9340 ~~issued by another state or territory of the United States for at~~

9341 ~~least 10 years before the date of application; has passed a~~

9342 ~~national, regional, state, or territorial licensing examination~~

9343 ~~that is substantially equivalent to the examination required by~~

9344 ~~s. 473.306; and has met the requirements of this section for~~

9345 ~~good moral character.~~

9346 ~~(9) If the applicant has at least 5 years of experience in~~

9347 ~~the practice of public accountancy in the United States or in~~

9348 ~~the practice of public accountancy or its equivalent in a~~

9349 ~~foreign country that the International Qualifications Appraisal~~

9350 ~~Board of the National Association of State Boards of Accountancy~~

9351 ~~has determined has licensure standards that are substantially~~

9352 ~~equivalent to those in the United States, or has at least 5~~

9353 ~~years of work experience that meets the requirements of~~

9354 ~~subsection (5), the board must waive the requirements of~~

9355 ~~subsection (4) which are in excess of a baccalaureate degree.~~

9356 ~~All experience that is used as a basis for waiving the~~

9357 ~~requirements of subsection (4) must be while licensed as a~~

9358 ~~certified public accountant by another state or territory of the~~

9359 ~~United States or while licensed in the practice of public~~

9360 ~~accountancy or its equivalent in a foreign country that the~~

9361 ~~International Qualifications Appraisal Board of the National~~

9362 ~~Association of State Boards of Accountancy has determined has~~

9363 ~~licensure standards that are substantially equivalent to those~~

9364 ~~in the United States. The board shall have the authority to~~

9365 ~~establish the standards for experience that meet this~~

9366 ~~requirement.~~

9367 ~~(8)(10)~~ The department ~~board~~ may refuse to certify for

9368 licensure any applicant who is under investigation in another

9369 state for any act that would constitute a violation of this act

9370 or chapter 455, until such time as the investigation is complete

9371 and disciplinary proceedings are ~~have been~~ terminated.

9372 Section 282. Section 473.3085, Florida Statutes, is

9373 created to read:

9374 473.3085 Licensure of international applicants.—

9375 (1) An international applicant who seeks licensure as a

9376 certified public accountant in this state must meet the

9377 requirements for education, work experience, and good moral

9378 character under s. 473.308.

9379 (2) An applicant must apply to the department for

9380 licensure.

9381 (3) An international applicant must create and maintain an

9382 online account with the department and provide an e-mail address

9383 to function as the primary means of contact for all

9384 communication from the department. An applicant must submit any

9385 change in e-mail address within 30 days after the change. All

9386 changes must be submitted through the department's online

9387 system.

9388 (4) The department shall certify for licensure any

9389 applicant who satisfies the requirements of subsections (1) and

9390 (2), except the department may refuse to certify an applicant

9391 who has violated s. 473.322.

9392 (5) The department shall adopt rules to implement this

9393 section.

9394 Section 283. Section 473.312, Florida Statutes, is amended

9395 to read:

9396 473.312 Continuing education.—

9397 (1)(a) As part of the license renewal procedure, the

9398 department ~~board~~ shall by rule require Florida certified public

9399 accountants to submit proof satisfactory to the department ~~board~~

9400 that during the 2 years before ~~prior to~~ application for renewal,

9401 they have successfully completed not less than 48 or more than

9402 80 hours of continuing professional education programs in public

9403 accounting subjects approved by the department ~~board.~~ The

9404 department ~~board~~ may prescribe by rule additional continuing

9405 professional education hours, not to exceed 25 percent of the

9406 total hours required, for failure to complete the hours required

9407 for renewal by the end of the reestablishment period.

9408 (b) Not less than 10 percent of the total hours required

9409 by the department ~~board~~ shall be in accounting-related and

9410 auditing-related subjects, as distinguished from federal and

9411 local taxation matters and management services.

9412 (c) Not less than 5 percent of the total hours required by

9413 the department ~~board~~ shall be in ethics applicable to the

9414 practice of public accounting. This requirement shall be

9415 administered by providers approved by the department ~~board,~~ and

9416 a majority of the hours shall include a review of ~~the provisions~~

9417 of chapter 455 and this chapter and the related administrative

9418 rules.

9419 (2) Programs of continuing professional education approved

9420 by the department ~~board~~ shall be formal programs of learning

9421 which contribute directly to the professional competency of an

9422 individual following licensure to practice public accounting and

9423 may be any of the following:

9424 (a) Professional development programs of the American

9425 Institute of Certified Public Accountants, state societies of

9426 certified public accountants, or other organizations.

9427 (b) Technical sessions at meetings of the American

9428 Institute of Certified Public Accountants, state societies,

9429 chapters, or other organizations.

9430 (c) University and college courses.

9431 (d) Formal organized in-firm education programs.

9432 (3) The department ~~board~~ shall adopt rules establishing

9433 the continuing education requirements for Florida certified

9434 public accountants who are engaged in the audit of a

9435 governmental entity. The department ~~board~~ shall approve subjects

9436 directly related to the governmental environment and to

9437 governmental auditing for purposes of satisfying the requirement

9438 of this subsection.

9439 (4) For the purposes of maintaining proper continuing

9440 education requirements for renewal of licensure under this

9441 chapter, the department ~~board~~ may appoint a Continuing

9442 Professional Education Advisory Committee, which shall be

9443 composed of one member of the department ~~board,~~ one academician

9444 on the faculty of a university in this state, and six certified

9445 public accountants.

9446 Section 284. Effective January 1, 2027, subsections (1),

9447 (3), and (4) of section 473.3141, Florida Statutes, are amended

9448 to read:

9449 473.3141 Certified public accountants licensed in other

9450 states.—

9451 (1) ~~Except as otherwise provided in this chapter,~~ An

9452 individual who holds an active license in good standing as a

9453 certified public accountant in another state or a territory of

9454 the United States and who does not have an office in this state

9455 has the privileges of Florida certified public accountants and

9456 may provide public accounting services in this state without

9457 obtaining a license under this chapter or notifying or

9458 registering with the department ~~board~~ or paying a fee if, at the

9459 time of licensure by such other state or territory, the

9460 individual was required to show evidence of having obtained at

9461 least a baccalaureate degree and having passed the Uniform CPA

9462 Examination:

9463 ~~(a) Holds a valid license as a certified public accountant~~

9464 ~~from a state that the board or its designee has determined by~~

9465 ~~rule to have adopted standards that are substantially equivalent~~

9466 ~~to the certificate requirements in s. 5 of the Uniform~~

9467 ~~Accountancy Act in the issuance of licenses; or~~

9468 ~~(b) Holds a valid license as a certified public accountant~~

9469 ~~from a state that has not been approved by the board as having~~

9470 ~~adopted standards in substantial equivalence with s. 5 of the~~

9471 ~~Uniform Accountancy Act, but obtains verification from the~~

9472 ~~board, or its designee, as determined by rule, that the~~

9473 ~~individual's certified public accountant qualifications are~~

9474 ~~substantially equivalent to the certificate requirements in s. 5~~

9475 ~~of the Uniform Accountancy Act.~~

9477 The department ~~board~~ shall define by rule what constitutes an

9478 office.

9479 (3) An individual certified public accountant from another

9480 state or a territory of the United States who practices pursuant

9481 to this section, and the firm that employs that individual,

9482 shall both consent, as a condition of the privilege of

9483 practicing in this state:

9484 (a) To the ~~personal and subject matter~~ jurisdiction and

9485 disciplinary authority of the department ~~board;~~

9486 (b) To comply with this chapter and the applicable

9487 department ~~board~~ rules;

9488 (c) That if the individual's license as a certified public

9489 accountant from another ~~the~~ state or a territory of the United

9490 States becomes invalid ~~of the individual's principal place of~~

9491 ~~business is no longer valid,~~ the individual must ~~will~~ cease

9492 offering or rendering public accounting services in this state,

9493 individually and on behalf of a firm; and

9494 (d) To the appointment of the department ~~state board~~ that

9495 issued the individual's license as the agent upon whom process

9496 may be served in any action or proceeding by the ~~board or~~

9497 department against the individual or firm.

9498 (4) An individual who qualifies to practice under this

9499 section may perform the services identified in s. 473.302(7)(a)

9500 ~~s. 473.302(8)(a)~~ only through a firm that has obtained a license

9501 issued under s. 473.3101 or is authorized by s. 473.3101 to

9502 provide such services.

9503 Section 285. Subsection (3) and paragraph (e) of

9504 subsection (4) of section 474.2021, Florida Statutes, are amended to read:

9506 474.2021 Veterinary telehealth.—

9507 (3) The department ~~board~~ has jurisdiction over a

9508 veterinarian practicing veterinary telehealth, regardless of

9509 where the veterinarian's physical office is located. The

9510 practice of veterinary medicine is deemed to occur when the

9511 veterinarian, the patient, or both are located within this state

9512 at the time the veterinarian practices veterinary telehealth.

9513 (4) A veterinarian practicing veterinary telehealth:

9514 (e) Shall prescribe all drugs and medications in

9515 accordance with all federal and state laws and the following

9516 requirements:

9517 1. A veterinarian practicing veterinary telehealth may

9518 order, prescribe, or make available medicinal drugs or drugs

9519 specifically approved for use in animals by the United States

9520 Food and Drug Administration, the use of which conforms to the

9521 approved labeling. Prescriptions based solely on a telehealth

9522 evaluation may be issued for up to 1 year ~~month~~ for products

9523 labeled solely for flea and tick control and up to 14 days of

9524 treatment for other animal drugs. Prescriptions based solely on

9525 a telehealth evaluation may not be renewed without an in-person

9526 examination.

9527 2. A veterinarian practicing veterinary telehealth may not

9528 order, prescribe, or make available medicinal drugs or drugs as

9529 defined in s. 465.003 approved by the United States Food and

9530 Drug Administration for human use or compounded antibacterial,

9531 antifungal, antiviral, or antiparasitic medications, unless the

9532 veterinarian has conducted an in-person physical examination of

9533 the animal or made medically appropriate and timely visits to

9534 the premises where the animal is kept.

9535 3. A veterinarian may not use veterinary telehealth to

9536 prescribe a controlled substance as defined in chapter 893

9537 unless the veterinarian has conducted an in-person physical

9538 examination of the animal or made medically appropriate and

9539 timely visits within the past year to the premises where the

9540 animal is kept.

9541 4. A veterinarian practicing veterinary telehealth may not

9542 prescribe a drug or other medication for use on a horse engaged

9543 in racing or training at a facility under the jurisdiction of

9544 the Florida Gaming Control Commission or on a horse that is a

9545 covered horse as defined in the federal Horseracing Integrity

9546 and Safety Act, 15 U.S.C. ss. 3051 et seq.;

9547 Section 286. Subsections (3) through (7) of section

9548 475.17, Florida Statutes, are amended to read:

9549 475.17 Qualifications for practice.—

9550 ~~(3)(a) The commission may prescribe a postlicensure~~

9551 ~~education requirement in order for a person to maintain a valid~~

9552 ~~sales associate's license, which shall not exceed 45 classroom~~

9553 ~~hours of 50 minutes each, inclusive of examination, prior to the~~

9554 ~~first renewal following initial licensure. If prescribed, this~~

9555 ~~shall consist of one or more commission-approved courses which~~

9556 ~~total at least 45 classroom hours on one or more subjects which~~

9557 ~~include, but are not limited to, property management, appraisal,~~

9558 ~~real estate finance, the economics of real estate management,~~

9559 ~~marketing, technology, sales and listing of properties, business~~

9560 ~~office management, courses teaching practical real estate~~

9561 ~~application skills, development of business plans, marketing of~~

9562 ~~property, and time management. Required postlicensure education~~

9563 ~~courses must be provided by an accredited college, university,~~

9564 ~~or community college, by a career center, by a registered real~~

9565 ~~estate school, or by a commission-approved sponsor.~~

9566 ~~(b) Satisfactory completion of the postlicensure education~~

9567 ~~requirement is demonstrated by successfully meeting all~~

9568 ~~standards established for the commission-prescribed or~~

9569 ~~commission-approved institution or school. However, notice of~~

9570 ~~satisfactory completion shall not be issued if the student has~~

9571 ~~absences in excess of 10 percent of the required classroom hours~~

9572 ~~or has not satisfactorily completed a timed distance learning~~

9573 ~~course examination.~~

9574 ~~(c) The license of any sales associate who does not~~

9575 ~~complete the postlicensure education requirement prior to the~~

9576 ~~first renewal following initial licensure shall be considered~~

9577 ~~null and void. Such person wishing to again operate as a real~~

9578 ~~estate sales associate must requalify by satisfactorily~~

9579 ~~completing the sales associate's prelicensure course and passing~~

9580 ~~the state examination for licensure as a sales associate.~~

9581 ~~(d) A sales associate who is required to complete any~~

9582 ~~postlicensure education requirement must complete any~~

9583 ~~postlicensure education requirement and hold a current and valid~~

9584 ~~license in order to be eligible for licensure as a broker.~~

9585 ~~(4)(a) The commission may prescribe a postlicensure~~

9586 ~~education requirement in order for a person to maintain a valid~~

9587 ~~broker's license, which shall not exceed 60 classroom hours of~~

9588 ~~50 minutes each, inclusive of examination, prior to the first~~

9589 ~~renewal following initial licensure. If prescribed, this shall~~

9590 ~~consist of one or more commission-approved courses which total~~

9591 ~~at least 60 classroom hours on one or more subjects which~~

9592 ~~include, but are not limited to, advanced appraisal, advanced~~

9593 ~~property management, real estate marketing, business law,~~

9594 ~~advanced real estate investment analyses, advanced legal~~

9595 ~~aspects, general accounting, real estate economics,~~

9596 ~~syndications, commercial brokerage, feasibility analyses,~~

9597 ~~advanced real estate finance, residential brokerage, advanced~~

9598 ~~marketing, technology, advanced business planning, time~~

9599 ~~management, or real estate brokerage office operations. Required~~

9600 ~~postlicensure education courses must be provided by an~~

9601 ~~accredited college, university, or community college, by a~~

9602 ~~career center, by a registered real estate school, or by a~~

9603 ~~commission-approved sponsor.~~

9604 ~~(b) Satisfactory completion of the postlicensure education~~

9605 ~~requirement is demonstrated by successfully meeting all~~

9606 ~~standards established for the commission-prescribed or~~

9607 ~~commission-approved institution or school. However, notice of~~

9608 ~~satisfactory completion shall not be issued if the student has~~

9609 ~~absences in excess of 10 percent of the required classroom hours~~

9610 ~~or has not satisfactorily completed a timed distance learning~~

9611 ~~course examination.~~

9612 ~~(c) The license of any broker who does not complete the~~

9613 ~~postlicensure education requirement prior to the first renewal~~

9614 ~~following initial licensure shall be considered null and void.~~

9615 ~~If the licensee wishes to operate as a sales associate, she or~~

9616 ~~he may be issued a sales associate's license after providing~~

9617 ~~proof that she or he has satisfactorily completed the 14-hour~~

9618 ~~continuing education course within the 6 months following~~

9619 ~~expiration of her or his broker's license. To operate as a~~

9620 ~~broker, the licensee must requalify by satisfactorily completing~~

9621 ~~the broker's prelicensure course and passing the state~~

9622 ~~examination for licensure as a broker.~~

9623 ~~(5)(a) The commission may allow an additional 6-month~~

9624 ~~period after the first renewal following initial licensure for~~

9625 ~~completing the postlicensure education courses for sales~~

9626 ~~associates and brokers who cannot, due to individual physical~~

9627 ~~hardship, as defined by rule, complete the courses within the~~

9628 ~~required time.~~

9629 ~~(b) Except as provided in subsection (4), sales associates~~

9630 ~~and brokers are not required to meet the 14-hour continuing~~

9631 ~~education requirement prior to the first renewal following~~

9632 ~~initial licensure.~~

9633 ~~(c)1. A distance learning course or courses shall be~~

9634 ~~approved by the commission as an option to classroom hours as~~

9635 ~~satisfactory completion of the postlicensure education course or~~

9636 ~~courses as required by this section. The schools or sponsors~~

9637 ~~authorized by this section have the option of providing~~

9638 ~~classroom courses, distance learning courses, or both. However,~~

9639 ~~satisfactory completion of a distance learning postlicensure~~

9640 ~~education course or courses requires the satisfactory completion~~

9641 ~~of a timed distance learning course examination. Such~~

9642 ~~examination shall not be required to be monitored or given at a~~

9643 ~~centralized location.~~

9644 ~~2. The commission shall provide for postlicensure~~

9645 ~~education courses to be made available by correspondence or~~

9646 ~~other suitable means to any person who, by reason of hardship,~~

9647 ~~as defined by rule, cannot attend the place or places where~~

9648 ~~courses are regularly conducted or does not have access to the~~

9649 ~~distance learning courses.~~

9650 (3)(6) The postlicensure education requirements of this

9651 section, and the education course requirements for one to become

9652 initially licensed, do not apply to any applicant or licensee

9653 who has received a 4-year degree, or higher, in real estate from

9654 an accredited institution of higher education.

9655 (4)(7) The commission may not approve prelicensure or

9656 postlicensure distance learning courses for brokers, broker

9657 associates, and sales associates by correspondence methods,

9658 except in instances of hardship pursuant to subparagraphs

9659 (2)(a)3. and (5)(c)2.

9660 Section 287. Subsection (2) of section 475.175, Florida

9661 Statutes, is amended to read:

9662 475.175 Examinations.—

9663 (2) Each accredited college, university, community

9664 college, or registered real estate school shall notify the

9665 department ~~commission~~ of the names of all persons who have

9666 satisfactorily completed the educational requirements provided

9667 for in s. 475.17(2), ~~(3), and (4)~~ in a manner prescribed by the

9668 department ~~commission.~~ Furthermore, each such educational

9669 institution shall provide to each person satisfactorily

9670 completing the educational requirements provided for in s.

9671 475.17(2), ~~(3), and (4)~~ a certificate as proof of such

9672 satisfactory completion.

9673 Section 288. Subsection (1) of section 475.180, Florida

9674 Statutes, is amended to read:

9675 475.180 Nonresident licenses.—

9676 (1) Notwithstanding the prelicensure requirements set

9677 forth under ss. 475.17(2) and (3) ~~(6)~~ and 475.175, the

9678 department ~~commission~~ in its discretion may enter into written

9679 agreements with similar licensing authorities of other states,

9680 territories, or jurisdictions of the United States or foreign

9681 national jurisdictions to ensure for Florida licensees

9682 nonresident licensure opportunities comparable to those afforded

9683 to nonresidents by this section. Whenever the department

9684 ~~commission~~ determines that another jurisdiction does not offer

9685 nonresident licensure to Florida licensees substantially

9686 comparable to those afforded to licensees of that jurisdiction

9687 by this section, the department ~~commission~~ shall require

9688 licensees of that jurisdiction who apply for nonresident

9689 licensure to meet education, experience, and examination

9690 requirements substantially comparable to those required by that

9691 jurisdiction with respect to Florida licensees who seek

9692 nonresident licensure, not to exceed such requirements as

9693 prescribed in ss. 475.17(2) and (3) ~~(6)~~ and 475.175.

9694 Section 289. Subsection (1) of section 475.182, Florida

9695 Statutes, is amended to read:

9696 475.182 Renewal of license; ~~continuing education.—~~

9697 ~~(1)(a)~~ The department shall renew a license upon receipt

9698 of the renewal application and fee. ~~The renewal application for~~

9699 ~~an active license as broker, broker associate, or sales~~

9700 ~~associate shall include proof satisfactory to the commission~~

9701 ~~that the licensee has, since the issuance or renewal of her or~~

9702 ~~his current license, satisfactorily completed at least 14~~

9703 ~~classroom hours of 50 minutes each of a continuing education~~

9704 ~~course during each biennium of a license period, as prescribed~~

9705 ~~by the commission. Approval or denial of a specialty course must~~

9706 ~~be based on the extent to which the course content focuses on~~

9707 ~~real estate issues relevant to the modern practice of real~~

9708 ~~estate by a real estate licensee, including technology used in~~

9709 ~~the real estate industry. The commission may accept as a~~

9710 ~~substitute for such continuing education course, on a classroom-~~

9711 ~~hour-for-classroom-hour basis, any satisfactorily completed~~

9712 ~~education course that the commission finds is adequate to~~

9713 ~~educate licensees within the intent of this section, including~~

9714 ~~an approved distance learning course. However, the commission~~

9715 ~~may not require, for the purpose of satisfactorily completing an~~

9716 ~~approved correspondence or distance learning course, a written~~

9717 ~~examination that is to be taken at a centralized location and is~~

9718 ~~to be monitored.~~

9719 ~~(b) The commission may accept as a substitute for 3~~

9720 ~~classroom hours, one time per renewal cycle, attendance at one~~

9721 ~~legal agenda session of the commission. In order to obtain~~

9722 ~~credit, the licensee must notify the division at least 7 days in~~

9723 ~~advance of his or her intent to attend. A licensee may not earn~~

9724 ~~any continuing education credit for attending a legal agenda~~

9725 ~~session of the commission as a party to a disciplinary action.~~

9726 Section 290. Subsections (1), (2), and (4) of section

9727 475.183, Florida Statutes, are amended to read:

9728 475.183 Inactive status.—

9729 (1) A license which has become voluntarily inactive may be

9730 renewed pursuant to s. 475.182 upon application to the

9731 department. ~~The commission shall prescribe by rule continuing~~

9732 ~~education requirements, not to exceed 12 classroom hours for~~

9733 ~~each year the license was inactive, as a condition of renewing a~~

9734 ~~voluntarily inactive license. The commission shall substitute~~

9735 ~~for such continuing education requirements, on a classroom-hour-~~

9736 ~~for-classroom-hour basis, any satisfactorily completed education~~

9737 ~~course approved in the manner specified in s. 475.182(1).~~ A

9738 person whose license is voluntarily inactive and who renews the

9739 license may elect to continue her or his voluntarily inactive

9740 status.

9741 ~~(2)(a) A licensee may reactivate a license that has been~~

9742 ~~involuntarily inactive for 12 months or less by satisfactorily~~

9743 ~~completing at least 14 hours of a commission-prescribed~~

9744 ~~continuing education course. Notwithstanding the provisions of~~

9745 ~~s. 455.271, a licensee may reactivate a license that has been~~

9746 ~~involuntarily inactive for more than 12 months but fewer than 24~~

9747 ~~months by satisfactorily completing 28 hours of a commission-~~

9748 ~~prescribed education course.~~

9749 ~~(b)~~ Any license that has been involuntarily inactive for

9750 more than 2 years shall automatically expire. Once a license

9751 expires, it becomes null and void without any further action by

9752 the ~~commission or~~ department. Ninety days prior to expiration of

9753 the license, the department shall give notice to the licensee.

9754 The department ~~commission~~ shall prescribe by rule a fee not to

9755 exceed $100 for the late renewal of an involuntarily inactive

9756 license. The department shall collect the current renewal fee

9757 for each renewal period in which the license was involuntarily

9758 inactive in addition to any applicable late renewal fee.

9759 (4) The department ~~commission~~ may reinstate the license of

9760 an individual whose license has become void if the department

9761 ~~commission~~ determines that the individual failed to comply

9762 because of illness or economic hardship, as defined by rule. The

9763 individual must apply to the department ~~commission~~ for

9764 reinstatement within 6 months after the date that the license

9765 becomes void. Such individual must ~~meet all continuing education~~

9766 ~~requirements prescribed by law,~~ pay appropriate licensing fees,

9767 and otherwise be eligible for renewal of licensure under this

9768 section.

9769 Section 291. Paragraph (t) of subsection (1) of section

9770 475.25, Florida Statutes, is amended to read:

9771 475.25 Discipline.—

9772 (1) The commission may deny an application for licensure,

9773 registration, or permit, or renewal thereof; may place a

9774 licensee, registrant, or permittee on probation; may suspend a

9775 license, registration, or permit for a period not exceeding 10

9776 years; may revoke a license, registration, or permit; may impose

9777 an administrative fine not to exceed $5,000 for each count or

9778 separate offense; and may issue a reprimand, and any or all of

9779 the foregoing, if it finds that the licensee, registrant,

9780 permittee, or applicant:

9781 (t) Has violated any standard of professional practice

9782 adopted by rule of the department ~~Florida Real Estate Appraisal~~

9783 ~~Board,~~ including standards for the development or communication

9784 of a real estate appraisal, as approved and adopted by the

9785 Appraisal Standards Board of the Appraisal Foundation, as

9786 defined in s. 475.611. This paragraph does not apply to a real

9787 estate broker or sales associate who, in the ordinary course of

9788 business, performs a comparative market analysis, gives a broker

9789 price opinion, or gives an opinion of value of real estate.

9790 However, in no event may this comparative market analysis,

9791 broker price opinion, or opinion of value of real estate be

9792 referred to as an appraisal, as defined in s. 475.611.

9793 Section 292. Paragraphs (k) through (dd) of subsection (1)

9794 are redesignated as paragraphs (j) through (cc), respectively,

9795 and present paragraphs (j), (p), (q), (z), and (aa) of

9796 subsection (1) and subsection (2) of section 475.611, Florida

9797 Statutes, are amended to read:

9798 475.611 Definitions.—

9799 (1) As used in this part, the term:

9800 ~~(j) "Board" means the Florida Real Estate Appraisal Board~~

9801 ~~established under s. 475.613.~~

9802 (o)(p) "Direct supervision" means the degree of

9803 supervision required of a supervisory appraiser overseeing the

9804 work of a registered trainee appraiser by which the supervisory

9805 appraiser has control over and detailed professional knowledge

9806 of the work being done. Direct supervision is achieved when a

9807 registered trainee appraiser has regular direction, guidance,

9808 and support from a supervisory appraiser who has the

9809 competencies as determined by rule of the department ~~board.~~

9810 (p)(q) "Evaluation" means a valuation permitted by any

9811 federal financial institutions regulatory agency appraisal

9812 regulations for transactions that do not require an appraisal,

9813 as such valuations qualify for an applicable exemption under

9814 federal law. The department ~~board~~ shall adopt rules, as

9815 necessary, to define the term "evaluation" and the applicable

9816 exemptions under federal law.

9817 (y)(z) "Supervisory appraiser" means a certified

9818 residential appraiser or a certified general appraiser

9819 responsible for the direct supervision of one or more registered

9820 trainee appraisers and fully responsible for appraisals and

9821 appraisal reports prepared by those registered trainee

9822 appraisers. The department ~~board,~~ by rule, shall determine the

9823 responsibilities of a supervisory appraiser, the geographic

9824 proximity required, the minimum qualifications and standards

9825 required of a certified appraiser before she or he may act in

9826 the capacity of a supervisory appraiser, and the maximum number

9827 of registered trainee appraisers to be supervised by an

9828 individual supervisory appraiser.

9829 ~~(z)(aa)~~ "Training" means the process of providing for and

9830 making available to a registered trainee appraiser, under direct

9831 supervision, a planned, prepared, and coordinated program, or

9832 routine of instruction and education, in appraisal professional

9833 and technical appraisal skills as determined by rule of the

9834 department ~~board.~~

9835 (2) Wherever the word "operate" or "operating" appears in

9836 this part with respect to a registered trainee appraiser,

9837 registered appraisal management company, licensed appraiser, or

9838 certified appraiser; in any order, rule, or regulation of the

9839 department ~~board;~~ in any pleading, indictment, or information

9840 under this part; in any court action or proceeding; or in any

9841 order or judgment of a court, it shall be deemed to mean the

9842 commission of one or more acts described in this part as

9843 constituting or defining a registered trainee appraiser,

9844 registered appraisal management company, licensed appraiser, or

9845 certified appraiser, not including, however, any of the

9846 exceptions stated therein. A single act is sufficient to bring a

9847 person within the meaning of this subsection, and each act, if

9848 prohibited herein, constitutes a separate offense.

9849 Section 293. Subsection (7) of section 475.612, Florida

9850 Statutes, is amended to read:

9851 475.612 Certification, licensure, or registration

9852 required.—

9853 (7) Notwithstanding any other provision of law, an

9854 appraiser may perform an evaluation of real property in

9855 connection with a real estate-related financial transaction, as

9856 defined by rule of the department ~~board,~~ which is regulated by a

9857 federal financial institutions regulatory agency. The appraiser

9858 shall comply with the standards for evaluations imposed by the

9859 federal financial institutions regulatory agency and other

9860 standards as prescribed by the department ~~board.~~ However, an

9861 evaluation may not be referred to or construed as an appraisal.

9862 Section 294. Section 475.614, Florida Statutes, is amended

9863 to read:

9864 475.614 Power of department ~~board~~ to adopt rules and

9865 decide questions of practice; requirements for protection of

9866 appraiser's signature.—

9867 (1) The department may ~~board has authority to~~ adopt rules

9868 ~~pursuant to ss. 120.536(1) and 120.54~~ to implement provisions of

9869 law conferring duties upon it. The board may decide questions of

9870 practice arising in the proceedings before it, having regard to

9871 this section and the rules then in force.

9872 (2) The department ~~board~~ shall adopt rules specifying the

9873 means by which an appraiser's signature may be affixed to an

9874 appraisal report or other work performed by the appraiser. The

9875 rules shall include requirements for protecting the security of

9876 an appraiser's signature and prohibiting practices that may

9877 discredit the use of an appraiser's signature to authenticate

9878 the work performed by the appraiser.

9879 Section 295. Section 475.6145, Florida Statutes, is amended to read:

9881 475.6145 Seal.—The department ~~board~~ shall adopt a seal by

9882 which it shall authenticate its proceedings, records, and acts.

9883 Copies of the proceedings, records, and acts of the board, and

9884 certificates purporting to relate the facts concerning such

9885 proceedings, records, and acts, which are signed by the board

9886 chair, the custodian of such records, or any other person

9887 authorized to make such certification and which are

9888 authenticated by such seal, shall be prima facie evidence of

9889 such proceedings, records, and acts in all courts of this state. Section 296. Section 475.6147, Florida Statutes, is

9891 amended to read:

9892 475.6147 Fees.—

9893 (1)(a) The department ~~board~~ by rule may establish fees to

9894 be paid for application, licensing and renewal, certification

9895 and recertification, registration and reregistration,

9896 reinstatement, and recordmaking and recordkeeping.

9897 (b) The fee for initial application of an appraiser may

9898 not exceed $150, and the combined cost of the application and

9899 examination may not exceed $300. The initial certification,

9900 registration, or license fee and the certification,

9901 registration, or license renewal fee may not exceed $150 for

9902 each year of the duration of the certification, registration, or

9903 license.

9904 (c) The fee for initial application of an appraisal

9905 management company may not exceed $150. The initial registration

9906 and registration renewal fee may not exceed $150 for each year

9907 of the duration of the registration.

9908 (d) The department ~~board~~ may also establish by rule a late

9909 renewal penalty.

9910 (e) The department ~~board~~ shall establish fees which are

9911 adequate to ensure its continued operation. Fees shall be based

9912 on estimates made by the department of the revenue required to

9913 implement this part and other provisions of law relating to the

9914 regulation of real estate appraisers.

9915 (2) Application and certification, registration, and

9916 license fees shall be refunded upon a determination by the

9917 department ~~board~~ that the state is not entitled to the fees or

9918 that only a portion of the resources have been expended in the

9919 processing of the application or shall be refunded if for any

9920 other reason the application is not completely processed. The

9921 department ~~board~~ shall implement this subsection by rule.

9922 Section 297. Section 475.615, Florida Statutes, is amended

9923 to read:

9924 475.615 Qualifications for registration or certification.—

9925 (1) Any person desiring to act as a registered trainee

9926 appraiser or as a certified appraiser must make application in

9927 writing to the department in such form and detail as the

9928 department ~~board~~ shall prescribe. Each applicant must be at

9929 least 18 years of age and hold a high school diploma or its

9930 equivalent.

9931 (2) The department ~~board~~ is authorized to waive or modify

9932 any education, experience, or examination requirements

9933 established in this part in order to conform with any such

9934 requirements established by the Appraiser Qualifications Board

9935 of the Appraisal Foundation or any successor body recognized by

9936 federal law, including any requirements adopted on December 9,

9937 2011. The department ~~board~~ shall implement this section by rule.

9938 (3) Appropriate fees, as set forth in the rules of the

9939 department ~~board~~ pursuant to s. 475.6147, and a set of

9940 fingerprints must accompany all applications for registration or

9941 certification. The fingerprints shall be forwarded to the

9942 Division of Criminal Justice Information Systems within the

9943 Department of Law Enforcement for processing to determine

9944 whether the applicant has a criminal history record. The

9945 fingerprints shall also be forwarded to the Federal Bureau of

9946 Investigation to determine whether the applicant has a criminal

9947 history record. The information obtained by the processing of

9948 the fingerprints by the Department of Law Enforcement and the

9949 Federal Bureau of Investigation shall be sent to the department

9950 to determine whether the applicant is statutorily qualified for

9951 registration or certification.

9952 (4) In the event that the applicant is currently a

9953 registered trainee appraiser or a licensed or certified

9954 appraiser and is making application to obtain a different status

9955 of appraisal credential, should such application be received by

9956 the department within 180 days prior to through 180 days after

9957 the applicant's scheduled renewal, the charge for the

9958 application shall be established by the rules of the department

9959 ~~board~~ pursuant to s. 475.6147.

9960 (5) At the time of filing an application for registration

9961 or certification, the applicant must sign a pledge indicating

9962 that upon becoming registered or certified, she or he will

9963 comply with the standards of professional practice established

9964 by rule of the department ~~board,~~ including standards for the

9965 development or communication of a real estate appraisal, and

9966 must indicate in writing that she or he understands the types of

9967 misconduct for which disciplinary proceedings may be initiated.

9968 The application expires 1 year after the date received by the

9969 department.

9970 (6) All applicants must be competent and qualified to make

9971 real estate appraisals with safety to those with whom they may

9972 undertake a relationship of trust and confidence and the general

9973 public. If any applicant has been denied registration,

9974 licensure, or certification, or has been disbarred, or the

9975 applicant's registration, license, or certificate to practice or

9976 conduct any regulated profession, business, or vocation has been

9977 revoked or suspended by this or any other state, any nation, or

9978 any possession or district of the United States, or any court or

9979 lawful agency thereof, because of any conduct or practices which

9980 would have warranted a like result under this part, or if the

9981 applicant has been guilty of conduct or practices in this state

9982 or elsewhere which would have been grounds for disciplining her

9983 or his registration, license, or certification under this part

9984 had the applicant then been a registered trainee appraiser or a

9985 licensed or certified appraiser, the applicant is deemed not to

9986 be qualified unless the applicant has met the conditions adopted

9987 by the Appraiser Qualifications Board of the Appraisal

9988 Foundation on December 9, 2011, as prescribed by rule of the

9989 department ~~board~~ and it appears to the department ~~board~~ that the

9990 interest of the public is not likely to be endangered by the

9991 granting of registration or certification.

9992 (7) No applicant seeking to become registered or certified

9993 under this part may be rejected solely by virtue of membership

9994 or lack of membership in any particular appraisal organization.

9995 Section 298. Section 475.617, Florida Statutes, is amended

9996 to read:

9997 475.617 Education and experience requirements.—

9998 (1) To be registered as a trainee appraiser, an applicant

9999 must present evidence satisfactory to the department ~~board~~ that

10000 she or he has successfully completed at least 100 hours of

10001 approved qualifying education courses in subjects related to

10002 real estate appraisal, which must include coverage of the

10003 Uniform Standards of Professional Appraisal Practice, or its

10004 equivalent, as established by rule of the department ~~board,~~ from

10005 a nationally recognized or state-recognized appraisal

10006 organization, career center, accredited community college,

10007 college, or university, state or federal agency or commission,

10008 or proprietary real estate school that holds a permit pursuant

10009 to s. 475.451. The department ~~board~~ may increase the required

10010 number of hours to not more than 125 hours. All qualifying

10011 education courses may be completed through in-person classroom

10012 instruction or distance learning. A classroom hour is defined as

10013 50 minutes out of each 60-minute segment. Past courses may be

10014 approved on an hour-for-hour basis.

10015 (2) To be certified as a residential appraiser, an

10016 applicant must present satisfactory evidence to the department

10017 ~~board~~ that she or he has met the minimum education and

10018 experience requirements prescribed by rule of the department

10019 ~~board.~~ The department ~~board~~ shall prescribe by rule education

10020 and experience requirements that meet or exceed the following

10021 real property appraiser qualification criteria adopted on

10022 December 9, 2011, by the Appraiser Qualifications Board of the

10023 Appraisal Foundation:

10024 (a) Has at least 2,500 hours of experience obtained over a

10025 24-month period in real property appraisal as defined by rule.

10026 (b) Has successfully completed at least 200 classroom

10027 hours, inclusive of examination, of approved qualifying

10028 education courses in subjects related to real estate appraisal,

10029 which must include a 15-hour National Uniform Standards of

10030 Professional Appraisal Practice course, or its equivalent, as

10031 established by rule of the department ~~board,~~ from a nationally

10032 recognized or state-recognized appraisal organization, career

10033 center, accredited community college, college, or university,

10034 state or federal agency or commission, or proprietary real

10035 estate school that holds a permit pursuant to s. 475.451. All

10036 qualifying education courses may be completed through in-person

10037 classroom instruction or distance learning. A classroom hour is

10038 defined as 50 minutes out of each 60-minute segment. Past

10039 courses may be approved by the department ~~board~~ and substituted

10040 on an hour-for-hour basis.

10041 (3) To be certified as a general appraiser, an applicant

10042 must present evidence satisfactory to the department ~~board~~ that

10043 she or he has met the minimum education and experience

10044 requirements prescribed by rule of the department ~~board.~~ The

10045 department ~~board~~ shall prescribe education and experience

10046 requirements that meet or exceed the following real property

10047 appraiser qualification criteria adopted on December 9, 2011, by

10048 the Appraiser Qualifications Board of the Appraisal Foundation:

10049 (a) Has at least 3,000 hours of experience obtained over a

10050 30-month period in real property appraisal as defined by rule.

10051 (b) Has successfully completed at least 300 classroom

10052 hours, inclusive of examination, of approved qualifying

10053 education courses in subjects related to real estate appraisal,

10054 which must include a 15-hour National Uniform Standards of

10055 Professional Appraisal Practice course, or its equivalent, as

10056 established by rule of the department ~~board,~~ from a nationally

10057 recognized or state-recognized appraisal organization, career

10058 center, accredited community college, college, or university,

10059 state or federal agency or commission, or proprietary real

10060 estate school that holds a permit pursuant to s. 475.451. All

10061 qualifying education courses may be completed through in-person

10062 classroom instruction or distance learning. A classroom hour is

10063 defined as 50 minutes out of each 60-minute segment. Past

10064 courses may be approved by the department ~~board~~ and substituted

10065 on an hour-for-hour basis.

10066 (4) A distance learning course may be approved by the

10067 department ~~board~~ as an option to classroom hours for

10068 satisfactory completion of the academic courses required under

10069 this section. The schools authorized by this section have the

10070 option of providing classroom courses, distance learning

10071 courses, or both.

10072 (a) A distance learning course must use a delivery method

10073 that is certified or approved by a department-authorized ~~board-~~

10074 ~~authorized~~ independent certifying organization.

10075 (b) A distance learning course intended for use as

10076 academic education must include a written, closed-book final

10077 examination. As used in this paragraph, the term "written"

10078 refers to an exam that might be written on paper or administered

10079 electronically on a computer workstation or other device. Oral

10080 exams are not acceptable.

10081 (5) Each applicant must furnish, under oath, a detailed

10082 statement of the experience for each year of experience she or

10083 he claims. Upon request, the applicant shall furnish to the

10084 department ~~board,~~ for its examination, copies of appraisal

10085 reports or file memoranda to support the claim for experience.

10086 Any appraisal report or file memoranda used to support a claim

10087 for experience must be maintained by the applicant for no less

10088 than 5 years after the date of certification.

10089 (6) The department ~~board~~ may implement the provisions of

10090 this section by rule.

10091 Section 299. Section 475.6171, Florida Statutes, is

10092 amended to read:

10093 475.6171 Issuance of registration or certification.—The

10094 registration or certification of an applicant may be issued upon

10095 receipt by the department ~~board~~ of the following:

10096 (1) A complete application indicating compliance with

10097 qualifications as specified in s. 475.615.

10098 (2) Proof of successful course completion as specified in

10099 s. 475.617.

10100 (3) Proof of experience for certification as specified in

10101 s. 475.617.

10102 (4) If required, proof of passing a written examination as

10103 specified in s. 475.616.

10104 (5) The department ~~board~~ shall implement this section by

10105 rule.

10106 Section 300. Subsection (1) of section 475.618, Florida

10107 Statutes, is amended to read:

10108 475.618 Renewal of registration, license, certification,

10109 or instructor permit; continuing education.—

10110 (1)(a) The department shall renew a registration, license,

10111 certification, or instructor permit upon receipt of the renewal

10112 application and proper fee. Such application shall include proof

10113 satisfactory to the department ~~board~~ that the individual has

10114 satisfactorily completed any continuing education that has been

10115 prescribed by the department ~~board.~~

10116 (b) A distance learning course or courses shall be

10117 approved by the department ~~board~~ as an option to classroom hours

10118 as satisfactory completion of the course or courses as required

10119 by this section. The schools authorized by this section have the

10120 option of providing classroom courses, distance learning

10121 courses, or both.

10122 (c) The department ~~board~~ may authorize independent

10123 certification organizations to certify or approve the delivery

10124 method of distance learning courses. Certification from such

10125 authorized organizations must be provided at the time a distance

10126 learning course is submitted to the department ~~board~~ by an

10127 accredited college, university, community college, career

10128 center, proprietary real estate school, or department-approved

10129 ~~board-approved~~ sponsor for content approval. Section 301. Section 475.619, Florida Statutes, is amended

10131 to read:

10132 475.619 Inactive status.—

10133 (1) A registration, license, or certification which has

10134 become inactive may be renewed upon application to the

10135 department. The department ~~board~~ shall prescribe by rule

10136 continuing education requirements for each year the

10137 registration, license, or certification was inactive, as a

10138 condition of renewing an inactive registration, license, or

10139 certification.

10140 (2) Any registration, license, or certification which has

10141 been inactive for more than 4 years shall automatically expire.

10142 Once a registration, license, or certification expires, it

10143 becomes null and void without any further action by the ~~board or~~

10144 department. Two years prior to the expiration of the

10145 registration, license, or certification, the department shall

10146 give notice by mail to the registered trainee, licensee, or

10147 certificateholder at her or his last known address. The

10148 department ~~board~~ shall prescribe by rule a fee not to exceed

10149 $100 for the late renewal of an inactive registration, license,

10150 or certification. The department shall collect the current

10151 renewal fee for each renewal period in which the registration,

10152 license, or certification was inactive, in addition to any

10153 applicable late renewal fee.

10154 (3) The department ~~board~~ shall adopt rules relating to

10155 inactive registrations, licenses, and certifications and for the

10156 renewal of such registrations, licenses, and certifications.

10157 Section 302. Subsections (2) and (3) of section 475.621,

10158 Florida Statutes, are amended to read:

10159 475.621 Registry of licensed and certified appraisers;

10160 registry of appraisal management companies.—

10161 (2) The department shall collect from such individuals who

10162 perform or seek to perform appraisals in federally related

10163 transactions an annual fee as set by rule of, and transmitted

10164 to, the appraisal subcommittee. The department shall collect

10165 from such appraisal management companies that perform or seek to

10166 perform appraisal management services in covered transactions an

10167 annual fee set by rule of the department ~~board~~ and transmitted

10168 to the appraisal subcommittee.

10169 (3) Notwithstanding the prohibition against requiring

10170 registration of a federally regulated appraisal management

10171 company as provided in s. 475.6235(8)(b), the department ~~board~~

10172 shall establish a procedure to collect from a federally

10173 regulated appraisal management company an annual fee as set by

10174 rule of the department ~~board~~ and transmitted to the appraisal

10175 subcommittee.

10176 Section 303. Section 475.6222, Florida Statutes, is

10177 amended to read:

10178 475.6222 Supervision and training of registered trainee

10179 appraisers.—The primary or secondary supervisory appraiser of a

10180 registered trainee appraiser shall provide direct supervision

10181 and training to the registered trainee appraiser. The role and

10182 responsibility of the supervisory appraiser is determined by

10183 rule of the department ~~board.~~

10184 Section 304. Subsections (3) and (4) of section 475.6235,

10185 Florida Statutes, are amended to read:

10186 475.6235 Registration of appraisal management companies

10187 required; exemptions.—

10188 (3) Appropriate fees, as set forth in the rules of the

10189 department ~~board~~ pursuant to s. 475.6147, and a complete set of

10190 fingerprints for each person listed in paragraph (2)(f) must

10191 accompany all applications for registration. The fingerprints

10192 shall be forwarded to the Division of Criminal Justice

10193 Information Systems within the Department of Law Enforcement for

10194 purposes of processing the fingerprints to determine whether the

10195 person has a criminal history record. The fingerprints shall

10196 also be forwarded to the Federal Bureau of Investigation for

10197 purposes of processing the fingerprints to determine whether the

10198 person has a criminal history record. The information obtained

10199 by the processing of fingerprints by the Department of Law

10200 Enforcement and the Federal Bureau of Investigation shall be

10201 sent to the department for the purpose of determining whether

10202 the appraisal management company is statutorily qualified for

10203 registration.

10204 (4) At the time of filing an application for registration

10205 of an appraisal management company, each person listed in

10206 paragraph (2)(f) must sign a pledge to comply with applicable

10207 standards of professional practice established by rule of the

10208 department ~~board,~~ including standards for the development or

10209 communication of a real estate appraisal, and must indicate in

10210 writing that she or he understands the types of misconduct for

10211 which disciplinary proceedings may be initiated. The application

10212 expires 1 year after the date received.

10213 Section 305. Section 475.624, Florida Statutes, is amended

10214 to read:

10215 475.624 Discipline of appraisers.—The department ~~board~~ may

10216 deny an application for registration or certification of an

10217 appraiser; may investigate the actions of any appraiser

10218 registered, licensed, or certified under this part; may

10219 reprimand or impose an administrative fine not to exceed $5,000

10220 for each count or separate offense against any such appraiser;

10221 and may revoke or suspend, for a period not to exceed 10 years,

10222 the registration, license, or certification of any such

10223 appraiser, or place any such appraiser on probation, if the

10224 department ~~board~~ finds that the registered trainee, licensee, or

10225 certificateholder:

10226 (1) Has violated any provision of this part or s.

10227 455.227(1); however, any appraiser registered, licensed, or

10228 certified under this part is exempt from s. 455.227(1)(i).

10229 (2) Has been guilty of fraud, misrepresentation,

10230 concealment, false promises, false pretenses, dishonest conduct,

10231 culpable negligence, or breach of trust in any business

10232 transaction in this state or any other state, nation, or

10233 territory; has violated a duty imposed upon her or him by law or

10234 by the terms of a contract, whether written, oral, express, or

10235 implied, in an appraisal assignment; has aided, assisted, or

10236 conspired with any other person engaged in any such misconduct

10237 and in furtherance thereof; or has formed an intent, design, or

10238 scheme to engage in such misconduct and committed an overt act

10239 in furtherance of such intent, design, or scheme. It is

10240 immaterial to the guilt of the registered trainee appraiser or

10241 licensed or certified appraiser that the victim or intended

10242 victim of the misconduct has sustained no damage or loss; that

10243 the damage or loss has been settled and paid after discovery of

10244 the misconduct; or that such victim or intended victim was a

10245 customer or a person in confidential relation with the

10246 registered trainee appraiser or licensed or certified appraiser,

10247 or was an identified member of the general public.

10248 (3) Has advertised services in a manner that is

10249 fraudulent, false, deceptive, or misleading in form or content.

10250 (4) Has violated any provision of this part or any lawful

10251 order or rule issued under this part or chapter 455.

10252 (5) Has been convicted or found guilty of, or entered a

10253 plea of nolo contendere to, regardless of adjudication, a crime

10254 in any jurisdiction that directly relates to the activities of a

10255 registered trainee appraiser or licensed or certified appraiser

10256 or that involves moral turpitude or fraudulent or dishonest

10257 conduct. The record of a conviction certified or authenticated

10258 in such form as admissible in evidence under the laws of the

10259 state shall be admissible as prima facie evidence of such guilt.

10260 (6) Has had a registration, license, or certification as

10261 an appraiser revoked, suspended, or otherwise acted against; has

10262 been disbarred; has had her or his registration, license, or

10263 certificate to practice or conduct any regulated profession,

10264 business, or vocation revoked or suspended by this or any other

10265 state, any nation, or any possession or district of the United

10266 States; or has had an application for such registration,

10267 licensure, or certification to practice or conduct any regulated

10268 profession, business, or vocation denied by this or any other

10269 state, any nation, or any possession or district of the United

10270 States.

10271 (7) Has become temporarily incapacitated from acting as an

10272 appraiser with safety to those in a fiduciary relationship with

10273 her or him because of drunkenness, use of drugs, or temporary

10274 mental derangement; however, suspension of a license,

10275 certification, or registration in such cases shall only be for

10276 the period of such incapacity.

10277 (8) Is confined in any county jail, postadjudication; is

10278 confined in any state or federal prison or mental institution;

10279 or, through mental disease or deterioration, can no longer

10280 safely be entrusted to deal with the public or in a confidential

10281 capacity.

10282 (9) Has failed to inform the department ~~board~~ in writing

10283 within 30 days after pleading guilty or nolo contendere to, or

10284 being convicted or found guilty of, any felony.

10285 (10) Has been found guilty, for a second time, of any

10286 misconduct that warrants disciplinary action, or has been found

10287 guilty of a course of conduct or practice that shows that she or

10288 he is incompetent, negligent, dishonest, or untruthful to an

10289 extent that those with whom she or he may sustain a confidential

10290 relationship may not safely do so.

10291 (11) Has made or filed a report or record, either written

10292 or oral, that the registered trainee appraiser or licensed or

10293 certified appraiser knows to be false; has willfully failed to

10294 file a report or record required by state or federal law; has

10295 willfully impeded or obstructed such filing; or has induced

10296 another person to impede or obstruct such filing. However, such

10297 reports or records shall include only those that are signed or

10298 presented in the capacity of a registered trainee appraiser or

10299 licensed or certified appraiser.

10300 (12) Has obtained or attempted to obtain a registration,

10301 license, or certification by means of knowingly making a false

10302 statement, submitting false information, refusing to provide

10303 complete information in response to an application question, or

10304 engaging in fraud, misrepresentation, or concealment.

10305 (13) Has paid money or other valuable consideration,

10306 except as required by this section, to any member or employee of

10307 the department ~~board~~ to obtain a registration, license, or

10308 certification under this section.

10309 (14) Has violated any standard of professional practice

10310 established by rule of the department ~~board,~~ including standards

10311 for the development or communication of a real estate appraisal.

10312 (15) Has failed or refused to exercise reasonable

10313 diligence in developing an appraisal or preparing an appraisal

10314 report.

10315 (16) Has failed to communicate an appraisal without good

10316 cause.

10317 (17) Has accepted an appraisal assignment if the

10318 employment itself is contingent upon the appraiser reporting a

10319 predetermined result, analysis, or opinion or if the fee to be

10320 paid for the performance of the appraisal assignment is

10321 contingent upon the opinion, conclusion, or valuation reached

10322 upon the consequences resulting from the appraisal assignment.

10323 (18) Has failed to timely notify the department of any

10324 change in business location, or has failed to fully disclose all

10325 business locations from which she or he operates as a registered

10326 trainee appraiser or licensed or certified appraiser.

10327 Section 306. Section 475.6245, Florida Statutes, is

10328 amended to read:

10329 475.6245 Discipline of appraisal management companies.—

10330 (1) The department ~~board~~ may deny an application for

10331 registration or renewal registration of an appraisal management

10332 company; may investigate the actions of any appraisal management

10333 company registered under this part; may reprimand or impose an

10334 administrative fine not to exceed $5,000 for each count or

10335 separate offense against any such appraisal management company;

10336 and may revoke or suspend, for a period not to exceed 10 years,

10337 the registration of any such appraisal management company, or

10338 place any such appraisal management company on probation, if the

10339 department ~~board~~ finds that the appraisal management company or

10340 any person listed in s. 475.6235(2)(f):

10341 (a) Has violated any provision of this part or s.

10342 455.227(1); however, any appraisal management company registered

10343 under this part is exempt from s. 455.227(1)(i).

10344 (b) Has been guilty of fraud, misrepresentation,

10345 concealment, false promises, false pretenses, dishonest conduct,

10346 culpable negligence, or breach of trust in any business

10347 transaction in this state or any other state, nation, or

10348 territory; has violated a duty imposed upon her or him by law or

10349 by the terms of a contract, whether written, oral, express, or

10350 implied, in an appraisal assignment; has aided, assisted, or

10351 conspired with any other person engaged in any such misconduct

10352 and in furtherance thereof; or has formed an intent, design, or

10353 scheme to engage in such misconduct and committed an overt act

10354 in furtherance of such intent, design, or scheme. It is

10355 immaterial to the guilt of the appraisal management company that

10356 the victim or intended victim of the misconduct has sustained no

10357 damage or loss; that the damage or loss has been settled and

10358 paid after discovery of the misconduct; or that such victim or

10359 intended victim was a customer or a person in confidential

10360 relation with the appraisal management company or was an

10361 identified member of the general public.

10362 (c) Has advertised services in a manner that is

10363 fraudulent, false, deceptive, or misleading in form or content.

10364 (d) Has violated any provision of this part or any lawful

10365 order or rule issued under this part or chapter 455.

10366 (e) Has been convicted or found guilty of, or entered a

10367 plea of nolo contendere to, regardless of adjudication, a crime

10368 in any jurisdiction that directly relates to the activities of

10369 an appraisal management company or that involves moral turpitude

10370 or fraudulent or dishonest conduct. The record of a conviction

10371 certified or authenticated in such form as admissible in

10372 evidence under the laws of the state shall be admissible as

10373 prima facie evidence of such guilt.

10374 (f) Has had a registration, license, or certification as

10375 an appraiser or a registration as an appraisal management

10376 company revoked, suspended, or otherwise acted against; has been

10377 disbarred; has had her or his registration, license, or

10378 certificate to practice or conduct any regulated profession,

10379 business, or vocation revoked or suspended by this or any other

10380 state, any nation, or any possession or district of the United

10381 States; or has had an application for such registration,

10382 licensure, or certification to practice or conduct any regulated

10383 profession, business, or vocation denied by this or any other

10384 state, any nation, or any possession or district of the United

10385 States.

10386 (g) Has become temporarily incapacitated from acting as an

10387 appraisal management company with safety to those in a fiduciary

10388 relationship with her or him because of drunkenness, use of

10389 drugs, or temporary mental derangement; however, suspension of a

10390 registration in such cases shall only be for the period of such

10391 incapacity.

10392 (h) Is confined in any county jail, postadjudication; is

10393 confined in any state or federal prison or mental institution;

10394 or, through mental disease or deterioration, can no longer

10395 safely be entrusted to deal with the public or in a confidential

10396 capacity.

10397 (i) Has failed to inform the department ~~board~~ in writing

10398 within 30 days after pleading guilty or nolo contendere to, or

10399 being convicted or found guilty of, any felony.

10400 (j) Has been found guilty, for a second time, of any

10401 misconduct that warrants disciplinary action, or has been found

10402 guilty of a course of conduct or practice that shows that she or

10403 he is incompetent, negligent, dishonest, or untruthful to an

10404 extent that those with whom she or he may sustain a confidential

10405 relationship may not safely do so.

10406 (k) Has made or filed a report or record, either written

10407 or oral, that the appraisal management company knows to be

10408 false; has willfully failed to file a report or record required

10409 by state or federal law; has willfully impeded or obstructed

10410 such filing; or has induced another person to impede or obstruct

10411 such filing. However, such reports or records shall include only

10412 those that are signed or presented in the capacity of an

10413 appraisal management company.

10414 (l) Has obtained or attempted to obtain a registration,

10415 license, or certification by means of knowingly making a false

10416 statement, submitting false information, refusing to provide

10417 complete information in response to an application question, or

10418 engaging in fraud, misrepresentation, or concealment.

10419 (m) Has paid money or other valuable consideration, except

10420 as required by this section, to any member or employee of the

10421 department ~~board~~ to obtain a registration, license, or

10422 certification under this section.

10423 (n) Has instructed an appraiser to violate any standard of

10424 professional practice established by rule of the department

10425 ~~board,~~ including standards for the development or communication

10426 of a real estate appraisal or other provision of the Uniform

10427 Standards of Professional Appraisal Practice.

10428 (o) Has engaged in the development of an appraisal or the

10429 preparation of an appraisal report, unless the appraisal

10430 management company is owned or controlled by certified

10431 appraisers.

10432 (p) Has failed to communicate an appraisal without good

10433 cause.

10434 (q) Has accepted an appraisal assignment if the employment

10435 itself is contingent upon the appraisal management company

10436 reporting a predetermined result, analysis, or opinion or if the

10437 fee to be paid for the performance of the appraisal assignment

10438 is contingent upon the opinion, conclusion, or valuation reached

10439 upon the consequences resulting from the appraisal assignment.

10440 (r) Has failed to timely notify the department of any

10441 change in principal business location as an appraisal management

10442 company.

10443 (s) Has influenced or attempted to influence the

10444 development, reporting, or review of an appraisal through

10445 coercion, extortion, collusion, compensation, inducement,

10446 intimidation, bribery, or any other means, including, but not

10447 limited to:

10448 1. Withholding or threatening to withhold timely payment

10449 for an appraisal, unless such nonpayment is based upon specific

10450 quality or other service issues that constitute noncompliance

10451 with the appraisal engagement agreement.

10452 2. Withholding or threatening to withhold future business

10453 from an appraiser.

10454 3. Promising future business, promotions, or increased

10455 compensation for an appraiser, whether the promise is express or

10456 implied.

10457 4. Conditioning a request for appraisal services or the

10458 payment of an appraisal fee, salary, or bonus upon the opinion,

10459 conclusion, or valuation to be reached or upon a preliminary

10460 estimate or opinion requested from an appraiser.

10461 5. Requesting that an appraiser provide an estimated,

10462 predetermined, or desired valuation in an appraisal report or

10463 provide estimated values or comparable sales at any time before

10464 the appraiser's completion of appraisal services.

10465 6. Providing to an appraiser an anticipated, estimated,

10466 encouraged, or desired value for a subject property or a

10467 proposed or target amount to be loaned to the borrower, except

10468 that a copy of the sales contract for purchase transactions may

10469 be provided.

10470 7. Providing to an appraiser, or any person related to the

10471 appraiser, stock or other financial or nonfinancial benefits.

10472 8. Allowing the removal of an appraiser from an appraiser

10473 panel without prior written notice to the appraiser.

10474 9. Obtaining, using, or paying for a second or subsequent

10475 appraisal or ordering an automated valuation model in connection

10476 with a mortgage financing transaction unless there is a

10477 reasonable basis to believe that the initial appraisal was

10478 flawed or tainted and such basis is clearly and appropriately

10479 noted in the loan file, or unless such appraisal or automated

10480 valuation model is issued pursuant to a bona fide prefunding or

10481 postfunding appraisal review or quality control process.

10482 10. Any other act or practice that impairs or attempts to

10483 impair an appraiser's independence, objectivity, or

10484 impartiality.

10485 (t) Has altered, modified, or otherwise changed a

10486 completed appraisal report submitted by an appraiser to an

10487 appraisal management company.

10488 (u) Has employed, contracted with, or otherwise retained

10489 an appraiser whose registration, license, or certification is

10490 suspended or revoked to perform appraisal services or appraisal

10491 management services.

10492 (v) Has required or attempted to require an appraiser to

10493 sign any indemnification agreement that would require the

10494 appraiser to hold harmless the appraisal management company or

10495 its owners, agents, employees, or independent contractors from

10496 any liability, damage, loss, or claim arising from the services

10497 performed by the appraisal management company or its owners,

10498 agents, employees, or independent contractors and not the

10499 services performed by the appraiser.

10500 (w) Has required or attempted to require a client to sign

10501 any indemnification agreement that would require the client to

10502 hold harmless the appraisal management company or its owners,

10503 agents, or employees from any liability, damage, loss, or claim

10504 arising from the services performed by an appraiser.

10505 (2) The department ~~board~~ may reprimand an appraisal

10506 management company, conditionally or unconditionally suspend or

10507 revoke any registration of an appraisal management company

10508 issued under this part, or impose administrative fines not to

10509 exceed $5,000 for each count or separate offense against any

10510 such appraisal management company if the department ~~board~~

10511 determines that the appraisal management company is attempting

10512 to perform, has performed, or has attempted to perform any of

10513 the following acts:

10514 (a) Committing any act in violation of this part.

10515 (b) Violating any rule adopted by the department ~~board~~

10516 under this part.

10517 (c) Obtaining a registration of an appraisal management

10518 company by fraud, misrepresentation, or deceit.

10519 (3) This section does not prohibit an appraisal management

10520 company from requesting an appraiser to:

10521 (a) Provide additional information about the basis of a

10522 valuation, including consideration of additional comparable

10523 data; or

10524 (b) Correct objective factual errors in an appraisal

10525 report.

10526 Section 307. Section 475.625, Florida Statutes, is amended

10527 to read:

10528 475.625 Final orders.—The department ~~board~~ may publish and

10529 distribute, in such manner and form as it may prescribe, any of

10530 its final orders or decisions made under this section, after

10531 they become final by lapse of time or upon affirmance on appeal,

10532 or opinions of appellate courts for the guidance of appraisers,

10533 appraiser users, and the public. The department ~~board~~ may also

10534 publish or withhold from publication the names and addresses of

10535 any parties concerned. This section shall not be construed to

10536 affect compliance with chapter 119.

10537 Section 308. Paragraphs (c), (d), and (e) of subsection

10538 (1) of section 475.626, Florida Statutes, are amended to read:

10539 475.626 Violations and penalties.—

10540 (1) A person may not:

10541 (c) Make any false affidavit or affirmation intended for

10542 use as evidence by or before the department ~~board~~ or any member

10543 thereof, or by any of its authorized representatives, nor may

10544 any person give false testimony under oath or affirmation to or

10545 before the department ~~board~~ or any member thereof in any

10546 proceeding authorized by this section.

10547 (d) Fail or refuse to appear at the time and place

10548 designated in a subpoena issued with respect to a violation of

10549 this section, unless such failure to appear is the result of

10550 facts or circumstances that are sufficient to excuse appearance

10551 in response to a subpoena from the circuit court; nor may a

10552 person who is present before the department ~~board or a member~~

10553 ~~thereof~~ or one of its authorized representatives acting under

10554 authority of this section refuse to be sworn or to affirm or

10555 fail or refuse to answer fully any question propounded by the

10556 department ~~board, the member,~~ or such representative, or by any

10557 person by the authority of such officer or appointee.

10558 (e) Obstruct or hinder in any manner the enforcement of

10559 this section or the performance of any lawful duty by any person

10560 acting under the authority of this section, or interfere with,

10561 intimidate, or offer any bribe to any employee ~~member~~ of the

10562 department ~~board or any of its employees~~ or any person who is,

10563 or is expected to be, a witness in any investigation or

10564 proceeding relating to a violation of this section. Section 309. Section 475.627, Florida Statutes, is amended

10566 to read:

10567 475.627 Appraisal course instructors.—

10568 (1) Where the course or courses to be taught are

10569 prescribed by the department ~~board~~ or approved precedent to

10570 registration, licensure, certification, or renewal as a

10571 registered trainee appraiser, licensed appraiser, or certified

10572 residential appraiser, before commencing to instruct noncredit

10573 college courses in a college, university, or community college,

10574 or courses in a career center or proprietary real estate school,

10575 a person must certify her or his competency by meeting one of

10576 the following requirements:

10577 (a) Hold a valid certification as a residential real

10578 estate appraiser in this or any other state.

10579 (b) Pass an appraiser instructor's examination which shall

10580 test knowledge of residential appraisal topics.

10581 (2) Where the course or courses to be taught are

10582 prescribed by the department ~~board~~ or approved precedent to

10583 registration, licensure, certification, or renewal as a

10584 registered trainee appraiser, licensed appraiser, or certified

10585 appraiser, before commencing to instruct noncredit college

10586 courses in a college, university, or community college, or

10587 courses in a career center or proprietary real estate school, a

10588 person must certify her or his competency by meeting one of the

10589 following requirements:

10590 (a) Hold a valid certification as a general real estate

10591 appraiser in this or any other state.

10592 (b) Pass an appraiser instructor's examination which shall

10593 test knowledge of residential and nonresidential appraisal

10594 topics.

10595 (3) Possession of a permit to teach prescribed or approved

10596 appraisal courses does not entitle the permitholder to teach any

10597 courses outside the scope of the permit.

10598 Section 310. Section 475.628, Florida Statutes, is amended

10599 to read:

10600 475.628 Professional standards for appraisers registered,

10601 licensed, or certified under this part.—

10602 (1) The department ~~board~~ shall adopt rules establishing

10603 standards of professional practice which meet or exceed

10604 nationally recognized standards of appraisal practice, including

10605 standards adopted by the Appraisal Standards Board of the

10606 Appraisal Foundation. Each appraiser registered, licensed, or

10607 certified under this part must comply with the rules. Statements

10608 on appraisal standards which may be issued for the purpose of

10609 clarification, interpretation, explanation, or elaboration

10610 through the Appraisal Foundation are binding on any appraiser

10611 registered, licensed, or certified under this part, upon

10612 adoption by rule of the department ~~board.~~

10613 (2) The department ~~board~~ may adopt rules establishing

10614 standards of professional practice other than standards adopted

10615 by the Appraisal Standards Board of the Appraisal Foundation for

10616 nonfederally related transactions. The department ~~board~~ shall

10617 require that when performing an appraisal or appraisal service

10618 for any purpose other than a federally related transaction, an

10619 appraiser must comply with the Ethics and Competency Rules of

10620 the standards adopted by the Appraisal Standards Board of the

10621 Appraisal Foundation, and other requirements as determined by

10622 rule of the department ~~board.~~ An assignment completed using

10623 alternate standards does not satisfy the experience requirements

10624 under s. 475.617 unless the assignment complies with the

10625 standards adopted by the Appraisal Standards Board of the

10626 Appraisal Foundation.

10627 Section 311. Section 475.629, Florida Statutes, is amended

10628 to read:

10629 475.629 Retention of records.—An appraiser registered,

10630 licensed, or certified under this part shall prepare and retain

10631 a work file for each appraisal, appraisal review, or appraisal

10632 consulting assignment. An appraisal management company

10633 registered under this part shall prepare and retain an order

10634 file for each appraisal, appraisal review, or appraisal

10635 consulting assignment. The work file and the order file shall be

10636 retained for 5 years or the period specified in the Uniform

10637 Standards of Professional Appraisal Practice, whichever is

10638 greater. The work file must contain original or true copies of

10639 any contracts engaging the appraiser's or appraisal management

10640 company's services, appraisal reports, and supporting data

10641 assembled and formulated by the appraiser or company in

10642 preparing appraisal reports or engaging in appraisal management

10643 services and all other data, information, and documentation

10644 required by the standards for the development or communication

10645 of a real estate appraisal as approved and adopted by the

10646 Appraisal Standards Board of The Appraisal Foundation, as

10647 established by rule of the department ~~board.~~ The order file must

10648 contain original or true copies of any contracts engaging the

10649 appraiser's services, the appraisal reports, any engagement

10650 materials or instructions from the client, and all other

10651 documents required by the standards for the development or

10652 communication of a real estate appraisal as approved and adopted

10653 by the Appraisal Standards Board of The Appraisal Foundation, as

10654 established by rule of the department ~~board.~~ Notwithstanding the

10655 foregoing, while general contracts and materials pertaining to

10656 impaneling of an appraiser by an appraisal management company

10657 shall be retained under this section, such contracts and

10658 materials are not required to be maintained within the order

10659 file. Except as otherwise specified in the Uniform Standards of

10660 Professional Appraisal Practice, the period for retention of the

10661 records applicable to each engagement of the services of the

10662 appraiser or appraisal management company runs from the date of

10663 the submission of the appraisal report to the client. Appraisal

10664 management companies shall also retain the company accounts,

10665 correspondence, memoranda, papers, books, and other records in

10666 accordance with administrative rules adopted by the department

10667 ~~board.~~ These records must be made available by the appraiser or

10668 appraisal management company for inspection and copying by the

10669 department upon reasonable notice to the appraiser or company.

10670 If an appraisal has been the subject of or has served as

10671 evidence for litigation, reports and records must be retained

10672 for at least 2 years after the trial or the period specified in

10673 the Uniform Standards of Professional Appraisal Practice,

10674 whichever is greater.

10675 Section 312. Section 475.630, Florida Statutes, is amended

10676 to read:

10677 475.630 Temporary practice.—

10678 (1) The department ~~board~~ shall recognize, on a temporary

10679 basis, the license or certification of an appraiser issued by

10680 another state, if:

10681 (a) The property to be appraised is part of a federally

10682 related transaction.

10683 (b) The appraiser's business is of a temporary nature.

10684 (c) The appraiser registers with the department ~~board.~~

10685 (d) The person requesting recognition of a license or

10686 certification as an appraiser issued by another state is a

10687 nonresident of Florida.

10688 (2) In order to register with the department ~~board,~~ the

10689 appraiser must:

10690 (a) Pay any required fee as established by rule.

10691 (b) Provide, or cause the state where the applicant may be

10692 licensed or certified to furnish, proof of licensure or

10693 certification along with the copies of the records of any

10694 disciplinary actions taken against the applicant's license or

10695 certification in that or other jurisdictions.

10696 (c) Agree in writing to cooperate with any investigation

10697 initiated under this part by promptly supplying such documents

10698 that any authorized representative of the department may

10699 request. If the department sends a notice by certified mail to

10700 the last known address of a nonresident appraiser to produce

10701 documents or to appear in conjunction with an investigation and

10702 the nonresident appraiser fails to comply with that request, the

10703 department ~~board~~ may impose on that nonresident appraiser any

10704 disciplinary action or penalty authorized under this part.

10705 (d) Sign a notarized statement that the applicant has read

10706 this section and all applicable rules and agrees to abide by

10707 these provisions in all appraisal activities.

10708 Section 313. Section 475.631, Florida Statutes, is amended

10709 to read:

10710 475.631 Nonresident licenses and certifications.—

10711 (1) Any resident state-certified appraiser who becomes a

10712 nonresident shall, within 60 days, notify the department ~~board~~

10713 of the change in residency and comply with nonresident

10714 requirements. Failure to notify and comply is a violation of the

10715 license law, subject to the penalties in s. 475.624.

10716 (2) All nonresident applicants, certified appraisers, and

10717 licensees shall comply with all requirements of department ~~board~~

10718 rules and this part.

10719 Section 314. Section 475.613, Florida Statutes, is amended

10720 to read:

10721 475.613 Authority of the department ~~Florida Real Estate~~

10722 ~~Appraisal Board.—~~

10723 ~~(1) There is created the Florida Real Estate Appraisal~~

10724 ~~Board, which shall consist of nine members appointed by the~~

10725 ~~Governor, subject to confirmation by the Senate. Four members of~~

10726 ~~the board must be real estate appraisers who have been engaged~~

10727 ~~in the general practice of appraising real property in this~~

10728 ~~state for at least 5 years immediately preceding appointment. In~~

10729 ~~appointing real estate appraisers to the board, while not~~

10730 ~~excluding other appraisers, the Governor shall give preference~~

10731 ~~to real estate appraisers who are not primarily engaged in real~~

10732 ~~estate brokerage or mortgage lending activities. One member of~~

10733 ~~the board must represent the appraisal management industry. One~~

10734 ~~member of the board must represent organizations that use~~

10735 ~~appraisals for the purpose of eminent domain proceedings,~~

10736 ~~financial transactions, or mortgage insurance. Three members of~~

10737 ~~the board must represent the general public and may not be~~

10738 ~~connected in any way with the practice of real estate appraisal.~~

10739 ~~The appraiser members shall be as representative of the entire~~

10740 ~~industry as possible, and membership in a nationally recognized~~

10741 ~~or state-recognized appraisal organization may not be a~~

10742 ~~prerequisite to membership on the board. To the extent possible,~~

10743 ~~no more than two members of the board shall be primarily~~

10744 ~~affiliated with any one particular national or state appraisal~~

10745 ~~association. Two of the members must be licensed or certified~~

10746 ~~residential real estate appraisers and two of the members must~~

10747 ~~be certified general real estate appraisers at the time of their~~

10748 ~~appointment.~~

10749 ~~(a) Members of the board shall be appointed for 4-year~~

10750 ~~terms. Any vacancy occurring in the membership of the board~~

10751 ~~shall be filled by appointment by the Governor for the unexpired~~

10752 ~~term. Upon expiration of her or his term, a member of the board~~

10753 ~~shall continue to hold office until the appointment and~~

10754 ~~qualification of the member's successor. A member may not be~~

10755 ~~appointed for more than two consecutive terms. The Governor may~~

10756 ~~remove any member for cause.~~

10757 ~~(b) The headquarters for the board shall be in Orlando.~~

10758 ~~(c) The board shall meet at least once each calendar~~

10759 ~~quarter to conduct its business.~~

10760 ~~(d) The members of the board shall elect a chairperson at~~

10761 ~~the first meeting each year.~~

10762 ~~(e) Each member of the board is entitled to per diem and~~

10763 ~~travel expenses as set by legislative appropriation for each day~~

10764 ~~that the member engages in the business of the board.~~

10765 ~~(2)~~ The department ~~board~~ shall have, through its rules,

10766 full power to regulate the issuance of licenses, certifications,

10767 registrations, and permits; to discipline appraisers in any

10768 manner permitted under this section; to establish qualifications

10769 for licenses, certifications, registrations, and permits

10770 consistent with this section; to regulate approved courses; to

10771 establish standards for real estate appraisals; and to establish

10772 standards for and regulate supervisory appraisers.

10773 ~~(3) Notwithstanding s. 112.313, any member of the board~~

10774 ~~who is a licensed or certified real estate appraiser and who~~

10775 ~~holds an active appraiser instructor permit issued by the~~

10776 ~~department, to the extent authorized pursuant to such permit,~~

10777 ~~may offer, conduct, or teach any course prescribed or approved~~

10778 ~~by the board or the department.~~

10779 Section 315. Subsections (2), (8), and (9) of section 476.184, Florida Statutes, are amended, and subsection (11) is

10781 added to that section, to read:

10782 476.184 Barbershop licensure; requirements; fee;

10783 inspection; license display.—

10784 (2) The department ~~board~~ shall adopt rules governing the

10785 licensure and operation of a barbershop and its facilities,

10786 personnel, safety and sanitary requirements, and the license

10787 application and granting process.

10788 (8) Renewal of license registration for barbershops shall

10789 be accomplished pursuant to rules adopted by the department

10790 ~~board.~~ The department ~~board~~ is further authorized to adopt rules

10791 governing delinquent renewal of licenses and may impose penalty

10792 fees for delinquent renewal.

10793 (9) The department ~~board~~ is authorized to adopt rules

10794 governing the operation and periodic inspection of barbershops

10795 licensed under this chapter.

10796 (11)(a) The department shall adopt rules governing the

10797 licensure, operation, and inspection of mobile barbershops,

10798 including their facilities, personnel, and safety and sanitary

10799 requirements.

10800 (b) Each mobile barbershop must comply with all licensure

10801 and operating requirements specified in this chapter, chapter

10802 455, or rules of the department that apply to barbershops at

10803 fixed locations, except to the extent that such requirements

10804 conflict with this subsection or rules adopted pursuant to this

10805 subsection.

10806 (c) A mobile barbershop must maintain a permanent business

10807 address, located in the inspection area of the local department

10808 office, at which records of appointments, itineraries, license

10809 numbers of employees, and vehicle identification numbers of the

10810 licenseholder's mobile barbershop shall be kept and made

10811 available for verification purposes by department personnel, and

10812 at which correspondence from the department can be received.

10813 (d) To facilitate periodic inspections of a mobile

10814 barbershop, before the beginning of each month each mobile

10815 barbershop licenseholder must file with the department a written

10816 monthly itinerary listing the locations where and the dates and

10817 hours when the mobile barbershop will be operating.

10818 (e) The licenseholder must comply with all local laws and

10819 ordinances regulating business establishments, with all

10820 applicable requirements of the Americans with Disabilities Act

10821 relating to accommodations for persons with disabilities, and

10822 with all applicable requirements of the Occupational Safety and

10823 Health Administration.

10824 Section 316. Section 476.188, Florida Statutes, is amended

10825 to read:

10826 476.188 Barber services to be performed in a licensed

10827 ~~registered~~ barbershop; exception.—

10828 (1) Barber services shall be performed only by licensed

10829 barbers in licensed ~~registered~~ barbershops, except as otherwise

10830 provided in this section.

10831 (2) Pursuant to rules established by the department ~~board,~~

10832 barber services may be performed by a licensed barber in a

10833 location other than a licensed ~~registered~~ barbershop, including,

10834 but not limited to, a nursing home, hospital, or residence, when

10835 a client for reasons of ill health is unable to go to a licensed

10836 ~~registered~~ barbershop. Arrangements for the performance of

10837 barber services in a location other than a licensed ~~registered~~

10838 barbershop may ~~shall~~ be made only through a licensed ~~registered~~

10839 barbershop. However, a barber may shampoo, cut, or arrange hair

10840 in a location other than a licensed ~~registered~~ barbershop

10841 without such arrangements.

10842 (3) Any person who holds a valid barber's license in any

10843 state or who is authorized to practice barbering in any country,

10844 territory, or jurisdiction of the United States may perform

10845 barber services in a location other than a licensed ~~registered~~

10846 barbershop when such services are performed in connection with

10847 the motion picture, fashion photography, theatrical, or

10848 television industry; a manufacturer trade show demonstration; or

10849 an educational seminar.

10850 (4) Pursuant to rules adopted by the department, the

10851 practice of barbering may be performed in a location other than

10852 a licensed barbershop when performed in connection with a

10853 special event and by a person who holds the proper license.

10854 Section 317. Section 481.213, Florida Statutes, is amended to read:

10856 481.213 Licensure and registration.—

10857 (1) The department shall license or register any applicant

10858 who ~~the board certifies~~ is qualified for licensure or

10859 registration and who has paid the initial licensure or

10860 registration fee. Licensure as an architect under this section

10861 shall be deemed to include all the rights and privileges of

10862 registration as an interior designer under this section.

10863 (2) The department ~~board~~ shall certify for licensure or

10864 ~~registration~~ by examination any applicant who passes the

10865 prescribed licensure or registration examination and satisfies

10866 the requirements of ss. 481.209 and 481.211, for architects, or

10867 the requirements of s. 481.209, for interior designers.

10868 (3) The department ~~board~~ shall certify as qualified for a

10869 license by endorsement as an architect or registration as a

10870 registered interior designer an applicant who:

10871 (a) Qualifies to take the prescribed licensure or

10872 registration examination, and has passed the prescribed

10873 licensure or registration examination or a substantially

10874 equivalent examination in another jurisdiction, as set forth in

10875 s. 481.209 for architects or registered interior designers, as

10876 applicable, and has satisfied the internship requirements set

10877 forth in s. 481.211 for architects;

10878 (b) Holds a valid license to practice architecture or a

10879 license, registration, or certification to practice interior

10880 design issued by another jurisdiction of the United States or a

10881 foreign jurisdiction, if the criteria for issuance of such

10882 license were substantially equivalent to the licensure criteria

10883 that existed in this state at the time the license was issued;

10884 or

10885 (c) Has passed the prescribed licensure examination and

10886 holds a valid certificate issued by the National Council of

10887 Architectural Registration Boards, and holds a valid license to

10888 practice architecture issued by another state or jurisdiction of

10889 the United States or a foreign jurisdiction.

10891 An architect who is licensed in another state, another

10892 jurisdiction of the United States, or a foreign jurisdiction,

10893 who seeks qualification for licensure ~~license~~ by endorsement

10894 under this subsection must complete a 2-hour class approved by

10895 the department ~~board~~ on wind mitigation techniques.

10896 (4) The department ~~board~~ may refuse to certify any

10897 applicant who has violated any of the provisions of s. 481.223,

10898 s. 481.225, or s. 481.2251, as applicable.

10899 (5) The department ~~board~~ may refuse to certify any

10900 applicant who is under investigation in any jurisdiction for any

10901 act which would constitute a violation of this part or of

10902 chapter 455 until such time as the investigation is complete and

10903 disciplinary proceedings have been terminated.

10904 (6) The department ~~board~~ shall adopt rules to implement

10905 the provisions of this part relating to the examination,

10906 internship, and licensure of applicants.

10907 (7) For persons whose licensure requires satisfaction of

10908 the requirements of ss. 481.209 and 481.211, the board shall, by

10909 rule, establish qualifications for certification of such persons

10910 as special inspectors of threshold buildings, as defined in ss.

10911 553.71 and 553.79, and shall compile a list of persons who are

10912 certified. A special inspector is not required to meet standards

10913 for certification other than those established by the department

10914 ~~board,~~ and the fee owner of a threshold building may not be

10915 prohibited from selecting any person certified by the board to

10916 be a special inspector. The department ~~board~~ shall develop

10917 minimum qualifications for the qualified representative of the

10918 special inspector who is authorized under s. 553.79 to perform

10919 inspections of threshold buildings on behalf of the special

10920 inspector.

10921 (8) A certificate of registration is not required for a

10922 person whose occupation or practice is confined to interior

10923 decorator services or for a person whose occupation or practice

10924 is confined to interior design as provided in this part.

10925 Section 318. Subsections (1), (2), and (4) of section

10926 481.321, Florida Statutes, are amended to read:

10927 481.321 Seals; display of certificate number.—

10928 (1) The department ~~board~~ shall prescribe, by rule, one or

10929 more forms of seals for use by a registered landscape architect

10930 who holds a valid certificate of registration. Each registered

10931 landscape architect shall obtain one seal in a form approved by

10932 rule of the department ~~board~~ and may, in addition, register her

10933 or his seal electronically in accordance with ss. 668.001-

10934 668.006. All final plans, specifications, or reports prepared or

10935 issued by the registered landscape architect and filed for

10936 public record shall be signed by the registered landscape

10937 architect, dated, and stamped or sealed electronically with her

10938 or his seal. The signature, date, and seal constitute evidence

10939 of the authenticity of that to which they are affixed. Final

10940 plans, specifications, or reports prepared or issued by a

10941 registered landscape architect may be transmitted electronically

10942 and may be signed by the registered landscape architect, dated,

10943 and sealed electronically with the seal in accordance with ss.

10944 668.001-668.006.

10945 (2) It is unlawful for any person to sign and seal by any

10946 means any final plan, specification, or report after her or his

10947 certificate of registration is expired, suspended, or revoked. A

10948 registered landscape architect whose certificate of registration

10949 is suspended or revoked shall, within 30 days after the

10950 effective date of the suspension or revocation, surrender her or

10951 his seal to the department ~~executive director of the board~~ and

10952 confirm in writing to the department ~~executive director~~ the

10953 cancellation of the landscape architect's electronic signature

10954 in accordance with ss. 668.001-668.006. When a landscape

10955 architect's certificate of registration is suspended for a

10956 period of time, her or his seal shall be returned upon

10957 expiration of the period of suspension.

10958 (4) ~~Nothing in~~ This part does not ~~shall~~ prohibit a

10959 registered landscape architect from filing plans of work defined

10960 under this part. A state agency or local government may not

10961 refuse to accept the seal of a landscape architect for any of

10962 the professional services delineated in s. 481.303(4),

10963 including, but not limited to, grading and drainage.

10964 Section 319. Paragraph (b) of subsection (6), paragraph (l) of subsection (8), paragraphs (a) and (d) of subsection (9),

10966 and subsections (15) and (16) of section 499.012, Florida

10967 Statutes, are amended, to read:

10968 499.012 Permit application requirements.—

10969 (6) A permit issued by the department is nontransferable.

10970 Each permit is valid only for the person or governmental unit to

10971 which it is issued and is not subject to sale, assignment, or

10972 other transfer, voluntarily or involuntarily; nor is a permit

10973 valid for any establishment other than the establishment for

10974 which it was originally issued.

10975 (b)1. An application for a new permit is required when a

10976 majority of the ownership or controlling interest of a permitted

10977 establishment is transferred or assigned or when a lessee agrees

10978 to undertake or provide services to the extent that legal

10979 liability for operation of the establishment will rest with the

10980 lessee. The application for the new permit must be made within

10981 30 days after ~~before~~ the date of the sale, transfer, assignment,

10982 or lease.

10983 2. A permittee that is authorized to distribute

10984 prescription drugs may transfer such drugs to the new owner or

10985 lessee under subparagraph 1. only after the new owner or lessee

10986 has been approved for a permit to distribute prescription drugs.

10988 The department may revoke the permit of any person that fails to

10989 comply with the requirements of this subsection.

10990 (8) An application for a permit or to renew a permit for a

10991 prescription drug wholesale distributor or an out-of-state

10992 prescription drug wholesale distributor submitted to the

10993 department must include:

10994 (l) ~~The name of each of the applicant's designated~~

10995 ~~representatives as required by subsection (15), together with~~

10996 The personal information statement and fingerprints required

10997 pursuant to subsection (9) for each such person.

10998 (9)(a) Each person required by subsection (8) or

10999 ~~subsection (15)~~ to provide a personal information statement and

11000 fingerprints shall provide the following information to the

11001 department on forms prescribed by the department:

11002 1. The person's places of residence for the past 7 years.

11003 2. The person's date and place of birth.

11004 3. The person's occupations, positions of employment, and

11005 offices held during the past 7 years.

11006 4. The principal business and address of any business,

11007 corporation, or other organization in which each such office of

11008 the person was held or in which each such occupation or position

11009 of employment was carried on.

11010 5. Whether the person has been, during the past 7 years,

11011 the subject of any proceeding for the revocation of any license

11012 and, if so, the nature of the proceeding and the disposition of

11013 the proceeding.

11014 6. Whether, during the past 7 years, the person has been

11015 enjoined, temporarily or permanently, by a court of competent

11016 jurisdiction from violating any federal or state law regulating

11017 the possession, control, or distribution of prescription drugs,

11018 together with details concerning any such event.

11019 7. A description of any involvement by the person with any

11020 business, including any investments, other than the ownership of

11021 stock in a publicly traded company or mutual fund, during the

11022 past 4 years, which manufactured, administered, prescribed,

11023 distributed, or stored pharmaceutical products and any lawsuits

11024 in which such businesses were named as a party.

11025 8. A description of any felony criminal offense of which

11026 the person, as an adult, was found guilty, regardless of whether

11027 adjudication of guilt was withheld or whether the person pled

11028 guilty or nolo contendere. A criminal offense committed in

11029 another jurisdiction which would have been a felony in this

11030 state must be reported. If the person indicates that a criminal

11031 conviction is under appeal and submits a copy of the notice of

11032 appeal of that criminal offense, the applicant must, within 15

11033 days after the disposition of the appeal, submit to the

11034 department a copy of the final written order of disposition.

11035 9. A photograph of the person taken in the previous 180

11036 days.

11037 10. A set of fingerprints for the person on a form and

11038 under procedures specified by the department, together with

11039 payment of an amount equal to the costs incurred by the

11040 department for the criminal record check of the person.

11041 11. The name, address, occupation, and date and place of

11042 birth for each member of the person's immediate family who is 18

11043 years of age or older. As used in this subparagraph, the term

11044 "member of the person's immediate family" includes the person's

11045 spouse, children, parents, siblings, the spouses of the person's

11046 children, and the spouses of the person's siblings.

11047 12. Any other relevant information that the department

11048 requires.

11049 (d) For purposes of applying for renewal of a permit under

11050 subsection (8) ~~or certification under subsection (15),~~ a person

11051 may submit the following in lieu of satisfying the requirements

11052 of paragraphs (a), (b), and (c):

11053 1. A photograph of the individual taken within 180 days;

11054 and

11055 2. A copy of the personal information statement form most

11056 recently submitted to the department and a certification under

11057 oath, on a form specified by the department, that the individual

11058 has reviewed the previously submitted personal information

11059 statement form and that the information contained therein

11060 remains unchanged.

11061 ~~(15)(a) Each establishment that is issued an initial or~~

11062 ~~renewal permit as a prescription drug wholesale distributor or~~

11063 ~~an out-of-state prescription drug wholesale distributor must~~

11064 ~~designate in writing to the department at least one natural~~

11065 ~~person to serve as the designated representative of the~~

11066 ~~wholesale distributor. Such person must have an active~~

11067 ~~certification as a designated representative from the~~

11068 ~~department.~~

11069 ~~(b) To be certified as a designated representative, a~~

11070 ~~natural person must:~~

11071 ~~1. Submit an application on a form furnished by the~~

11072 ~~department and pay the appropriate fees.~~

11073 ~~2. Be at least 18 years of age.~~

11074 ~~3. Have at least 2 years of verifiable full-time:~~

11075 ~~a. Work experience in a pharmacy licensed in this state or~~

11076 ~~another state, where the person's responsibilities included, but~~

11077 ~~were not limited to, recordkeeping for prescription drugs;~~

11078 ~~b. Managerial experience with a prescription drug~~

11079 ~~wholesale distributor licensed in this state or in another~~

11080 ~~state;~~

11081 ~~c. Managerial experience with the United States Armed~~

11082 ~~Forces, where the person's responsibilities included, but were~~

11083 ~~not limited to, recordkeeping, warehousing, distributing, or~~

11084 ~~other logistics services pertaining to prescription drugs;~~

11085 ~~d. Managerial experience with a state or federal~~

11086 ~~organization responsible for regulating or permitting~~

11087 ~~establishments involved in the distribution of prescription~~

11088 ~~drugs, whether in an administrative or a sworn law enforcement~~

11089 ~~capacity; or~~

11090 ~~e. Work experience as a drug inspector or investigator~~

11091 ~~with a state or federal organization, whether in an~~

11092 ~~administrative or a sworn law enforcement capacity, where the~~

11093 ~~person's responsibilities related primarily to compliance with~~

11094 ~~state or federal requirements pertaining to the distribution of~~

11095 ~~prescription drugs.~~

11096 ~~4. Receive a passing score of at least 75 percent on an~~

11097 ~~examination given by the department regarding federal laws~~

11098 ~~governing distribution of prescription drugs and this part and~~

11099 ~~the rules adopted by the department governing the wholesale~~

11100 ~~distribution of prescription drugs. This requirement shall be~~

11101 ~~effective 1 year after the results of the initial examination~~

11102 ~~are mailed to the persons that took the examination. The~~

11103 ~~department shall offer such examinations at least four times~~

11104 ~~each calendar year.~~

11105 ~~5. Provide the department with a personal information~~

11106 ~~statement and fingerprints pursuant to subsection (9).~~

11107 ~~(c) The department may deny an application for~~

11108 ~~certification as a designated representative or may suspend or~~

11109 ~~revoke a certification of a designated representative pursuant~~

11110 ~~to s. 499.067.~~

11111 ~~(d) A designated representative:~~

11112 ~~1. Must be actively involved in and aware of the actual~~

11113 ~~daily operation of the wholesale distributor.~~

11114 ~~2. Must be employed full time in a managerial position by~~

11115 ~~the wholesale distributor.~~

11116 ~~3. Must be physically present at the establishment during~~

11117 ~~normal business hours, except for time periods when absent due~~

11118 ~~to illness, family illness or death, scheduled vacation, or~~

11119 ~~other authorized absence.~~

11120 ~~4. May serve as a designated representative for only one~~

11121 ~~wholesale distributor at any one time.~~

11122 ~~(e) A wholesale distributor must notify the department~~

11123 ~~when a designated representative leaves the employ of the~~

11124 ~~wholesale distributor. Such notice must be provided to the~~

11125 ~~department within 10 business days after the last day of~~

11126 ~~designated representative's employment with the wholesale~~

11127 ~~distributor.~~

11128 ~~(f) A wholesale distributor may not operate under a~~

11129 ~~prescription drug wholesale distributor permit or an out-of-~~

11130 ~~state prescription drug wholesale distributor permit for more~~

11131 ~~than 10 business days after the designated representative leaves~~

11132 ~~the employ of the wholesale distributor, unless the wholesale~~

11133 ~~distributor employs another designated representative and~~

11134 ~~notifies the department within 10 business days of the identity~~

11135 ~~of the new designated representative.~~

11136 ~~(15)(16)~~ A permit for a prescription drug manufacturer or

11137 a nonresident prescription drug manufacturer is subject to the

11138 requirements of s. 499.026. Section 320. Subsection (9) of section 499.0121, Florida

11140 Statutes, is amended, and subsection (16) is added to that

11141 section, to read:

11142 499.0121 Storage and handling of prescription drugs;

11143 recordkeeping.—The department shall adopt rules to implement

11144 this section as necessary to protect the public health, safety,

11145 and welfare. Such rules shall include, but not be limited to,

11146 requirements for the storage and handling of prescription drugs

11147 and for the establishment and maintenance of prescription drug

11148 distribution records.

11149 (9) RESPONSIBLE PERSONS.—Wholesale distributors must

11150 establish and maintain lists of officers, directors, managers,

11151 ~~designated representatives,~~ and other persons in charge of

11152 wholesale drug distribution, storage, and handling, including a

11153 description of their duties and a summary of their

11154 qualifications.

11155 (16) APPLICABILITY TO PRESCRIPTION DRUGS NOT LISTED AS A

11156 CONTROLLED SUBSTANCE.—

11157 (a) An establishment at which prescription drugs not

11158 listed as a controlled substance, as defined in s. 893.03, are

11159 stored, warehoused, or held, solely for the purpose of arranging

11160 for their destruction, is not required to comply with paragraph

11161 (1)(c); subsections (3)-(6); paragraphs (8)(a), (b), and (d);

11162 and subsection (13).

11163 (b) Notwithstanding paragraph (a), an establishment at

11164 which prescription drugs not listed as a controlled substance,

11165 as defined in s. 893.03, are stored, warehoused, or held, solely

11166 for the purpose of arranging for their destruction must maintain

11167 the following records:

11168 1. The business name and address from which the

11169 prescription drugs were collected.

11170 2. A list of the prescription drugs.

11171 3. The amount, or, if adulterated or altered prior to

11172 collection, an estimate of the amount, of the prescription drugs

11173 collected.

11174 4. The manner, date, and location of destruction of the

11175 prescription drugs.

11176 (c) Records required to be kept pursuant to paragraph (b),

11177 which are kept at the establishment or can be immediately

11178 retrieved by computer or other electronic means, must be readily

11179 available for authorized inspection pursuant to this section. If

11180 such records are not available upon request, the records must be

11181 made available for authorized inspection within 2 business days

11182 after the request. Records kept at a central location outside of

11183 this state which are not electronically retrievable must be made

11184 available for inspection within 5 business days after a request.

11185 (d) Records required to be kept pursuant to paragraph (b)

11186 must be maintained for a period of not less than 5 years from

11187 the date of destruction of the prescription drugs.

11188 Section 321. Subsection (9) of section 499.041, Florida Statutes, is amended to read:

11190 499.041 Schedule of fees for drug, device, and cosmetic

11191 applications and permits, product registrations, and free-sale

11192 certificates.—

11193 ~~(9) The department shall assess each person applying for~~

11194 ~~certification as a designated representative a fee of $150, plus~~

11195 ~~the cost of processing the criminal history record check.~~

11196 Section 322. Section 624.341, Florida Statutes, is created

11197 to read:

11198 624.341 Authority of Department of Law Enforcement to

11199 accept fingerprints of, and exchange criminal history records

11200 with respect to, certain persons applying to the Office of

11201 Insurance Regulation.—

11202 (1) The Legislature finds that criminal activity of

11203 insurers poses a particular danger to the residents of this

11204 state. Floridians rely, in good faith, on the honest conduct of

11205 those who issue and manage insurance policies and other

11206 insurance instruments in this state. To safeguard this state's

11207 residents, the Legislature finds it necessary to ensure that

11208 incorporators, subscribers, officers, employees, contractors,

11209 stockholders, directors, owners, members, managers, or

11210 volunteers involved in the organization, operation, or

11211 management of any insurer that is authorized to sell insurance

11212 do not have a criminal background.

11213 (2) The Department of Law Enforcement shall accept and

11214 process fingerprints of incorporators, subscribers, officers,

11215 employees, contractors, stockholders, directors, owners,

11216 members, managers, or volunteers involved in the organization,

11217 operation, or management of:

11218 (a) Any insurer or proposed insurer transaction or

11219 proposing to transact insurance in this state.

11220 (b) Any entity that is eligible to be examined or

11221 investigated under s. 624.316.

11222 (3) Each person required to submit fingerprints to the

11223 office must provide a full set of fingerprints to the office or

11224 to a vendor, entity, or agency authorized under s. 943.053(13).

11225 The office, vendor, entity, or agency shall forward the

11226 fingerprints to the Department of Law Enforcement for state

11227 processing, and the Department of Law Enforcement shall forward

11228 the fingerprints to the Federal Bureau of Investigation for

11229 national processing as provided in s. 624.34. Fees for state and

11230 federal fingerprint processing must be borne by the person

11231 submitting the fingerprints. The state cost for fingerprint

11232 processing is as provided ins s. 943.053(3)(e).

11233 (4) The Department of Law Enforcement may, to the extent

11234 authorized by federal law, exchange any state or federal

11235 criminal history records with the office for the purpose of

11236 issuance or continuation of a certificate of authority,

11237 certification, or license to operate in this state.

11238 (5) Fingerprints must be submitted in accordance with

11239 rules adopted by the commission.

11240 (a) Fingerprints may be submitted through a third-party

11241 vendor authorized by the Department of Law Enforcement.

11242 (b) The Department of Law Enforcement shall conduct the

11243 state criminal history background check, and a federal criminal

11244 history background check shall be conducted through the Federal

11245 Bureau of Investigation.

11246 (c) All fingerprints submitted to the Department of Law

11247 Enforcement must be submitted and entered into the statewide

11248 automated biometric identification system established in s.

11249 943.05(2)(b) and available for use in accordance with s.

11250 943.05(2)(g) and (h).

11251 (d) The costs of fingerprint processing, including the

11252 cost of retaining the fingerprints, must be borne by the person

11253 subject to the background checks.

11254 (e) The office shall review the results of the state and

11255 federal criminal history background checks and determine whether

11256 the applicant meets the requirements for the certificate of

11257 authority, certification, or license to operate in this state.

11258 (6) State criminal history records obtained through the

11259 Department of Law Enforcement, federal criminal history records

11260 obtained through the Federal Bureau of Investigation, and local

11261 criminal history records obtained through local law enforcement

11262 agencies must be used by the office for the purpose of issuance,

11263 denial, suspension, or revocation of certificates of authority,

11264 certifications, or licenses issued to operate in this state.

11265 Section 323. Except as otherwise expressly provided in

11266 this act, this act shall take effect July 1, 2026.