CS/HB 5005

A bill to be entitled
2An act relating to the deregulation of professions and
3occupations; amending s. 20.165, F.S.; renaming the Board
4of Architecture and Interior Design, to conform; deleting
5provisions establishing the Florida Board of Auctioneers;
6repealing chapter 326, F.S., relating to the Yacht and
7Ship Brokers' Act and the licensure of yacht and ship
8brokers and salespersons; amending ss. 212.06 and 213.053,
9F.S., to conform; repealing part VI of chapter 468, F.S.,
10relating to the licensure of auctioneers, apprentices, and
11auction businesses, the Florida Board of Auctioneers, the
12Auctioneer Recovery Fund, and the conduct of auctions;
13amending s. 538.03, F.S., to conform; repealing part VII
14of chapter 468, F.S., relating to the licensure and
15regulation of talent agencies; repealing part IX of
16chapter 468, F.S., relating to the licensure and
17regulation of athlete agents; amending s. 477.0132, F.S.;
18deleting provisions requiring the registration of persons
19whose occupation or practice is confined solely to hair
20braiding, hair wrapping, or body wrapping; providing that
21the Florida Cosmetology Act does not apply to such
22persons; amending ss. 477.019, 477.026, 477.0265, and
23477.029, F.S., to conform; repealing ss. 481.2131 and
24481.2251, F.S., relating to the practice of interior
25design by registered interior designers and disciplinary
26proceedings against registered interior designers;
27deleting provisions relating to the registration of
28interior designers and the regulation of interior design;
29amending s. 481.201, F.S.; deleting legislative findings
30relating to the practice of interior design, to conform;
31amending s. 481.203, F.S.; revising definitions relating
32to the practice of architecture and deleting definitions
33relating to the practice of interior design; specifying
34that the practice of architecture includes interior
35design; amending s. 481.205, F.S.; renaming the Board of
36Architecture and Interior Design, to conform; revising
37membership of the board; conforming provisions; amending
38ss. 481.207, 481.209, 481.211, 481.213, 481.215, and
39481.217, F.S., to conform; amending s. 481.219, F.S.;
40deleting provisions permitting the practice of or offer to
41practice interior design through certain business
42organizations; deleting provisions requiring certificates
43of authorization for certain business organizations
44offering interior design services to the public;
45conforming provisions; amending ss. 481.221, 481.222,
46481.223, 481.229, 481.231, and 553.79, F.S., to conform;
47amending s. 558.002, F.S.; revising the definition of
48"design professional" for purposes of provisions relating
49to alternative dispute resolution of construction defects,
50to conform; repealing chapter 496, F.S., relating to the
51registration of professional fundraising consultants and
52professional solicitors and the regulation of solicitation
53of charitable contributions and charitable sales
54promotions; amending ss. 110.181, 316.2045, 320.023,
55322.081, 413.033, 550.0351, 550.1647, 741.0305, 775.0861,
56790.166, 843.16, and 849.0935, F.S., to conform; repealing
57s. 500.459, F.S., relating to the regulation of water
58vending machines and the permitting of water vending
59machine operators; amending s. 500.511, F.S.; deleting
60provisions for the deposit of operator permitting fees,
61the enforcement of the state's water vending machine
62regulations, penalties, and the preemption of county and
63municipal water vending machine regulations, to conform;
64repealing ss. 501.012-501.019, F.S., relating to the
65registration of health studios and the regulation of
66health studio services; amending s. 501.165, F.S., to
67conform; repealing s. 501.143, F.S., relating to the Dance
68Studio Act, the registration of ballroom dance studios,
69and the regulation of dance studio lessons and services;
70repealing s. 205.1969, F.S., relating to the issuance by
71counties and municipalities of business tax receipts to
72health studios and ballroom dance studios, to conform;
73repealing part IV of chapter 501, F.S., relating to the
74Florida Telemarketing Act, the licensure of commercial
75telephone sellers and salespersons, and the regulation of
76commercial telephone solicitation; repealing s. 205.1973,
77F.S., relating to the issuance by counties and
78municipalities of business tax receipts to telemarketing
79businesses, to conform; amending ss. 501.165, 648.44,
80772.102, and 895.02, F.S., to conform; repealing chapter
81507, F.S., relating to the registration of movers and
82moving brokers and the regulation of household moving
83services; repealing s. 205.1975, F.S., relating to the
84issuance by counties and municipalities of business tax
85receipts to movers and moving brokers, to conform;
86amending s. 509.242, F.S.; revising the license
87classifications of public lodging establishments for
88purposes of provisions regulating such establishments;
89amending s. 509.221, F.S.; conforming a cross-reference;
90repealing chapter 555, F.S., relating to the regulation of
91outdoor theaters in which audiences view performances from
92parked vehicles; repealing part VIII of chapter 559, F.S.,
93relating to the Sale of Business Opportunities Act and the
94regulation of certain business opportunities; repealing
95part IX of chapter 559, F.S., relating to the registration
96of motor vehicle repair shops, the Motor Vehicle Repair
97Advisory Council, and the regulation of motor vehicle
98repair; amending ss. 320.27, 445.025, and 713.585, F.S.,
99to conform; repealing part XI of chapter 559, F.S.,
100relating to the Florida Sellers of Travel Act, the
101registration of sellers of travel, certification of
102certain business activities, and the regulation of
103prearranged travel, tourist-related services, tour-guide
104services, and vacation certificates; repealing s.
105205.1971, F.S., relating to the issuance by counties and
106municipalities of business tax receipts to sellers of
107travel, to conform; amending ss. 501.604, 501.608,
108636.044, and 721.11, F.S., to conform; repealing s.
109686.201, F.S., relating to contracts with sales
110representatives involving commissions; repealing s.
111817.559, F.S., relating to the labeling of television
112picture tubes; providing an effective date.
114Be It Enacted by the Legislature of the State of Florida:
116     Section 1.  Paragraph (a) of subsection (4) of section
11720.165, Florida Statutes, is amended to read:
118     20.165  Department of Business and Professional
119Regulation.-There is created a Department of Business and
120Professional Regulation.
121     (4)(a)  The following boards and programs are established
122within the Division of Professions:
123     1.  Board of Architecture and Interior Design, created
124under part I of chapter 481.
125     2.  Florida Board of Auctioneers, created under part VI of
126chapter 468.
127     2.3.  Barbers' Board, created under chapter 476.
128     3.4.  Florida Building Code Administrators and Inspectors
129Board, created under part XII of chapter 468.
130     4.5.  Construction Industry Licensing Board, created under
131part I of chapter 489.
132     5.6.  Board of Cosmetology, created under chapter 477.
133     6.7.  Electrical Contractors' Licensing Board, created
134under part II of chapter 489.
135     7.8.  Board of Employee Leasing Companies, created under
136part XI of chapter 468.
137     8.9.  Board of Landscape Architecture, created under part
138II of chapter 481.
139     9.10.  Board of Pilot Commissioners, created under chapter
141     10.11.  Board of Professional Engineers, created under
142chapter 471.
143     11.12.  Board of Professional Geologists, created under
144chapter 492.
145     12.13.  Board of Veterinary Medicine, created under chapter
147     13.14.  Home inspection services licensing program, created
148under part XV of chapter 468.
149     14.15.  Mold-related services licensing program, created
150under part XVI of chapter 468.
151     Section 2.  Chapter 326, Florida Statutes, consisting of
152sections 326.001, 326.002, 326.003, 326.004, 326.005, and
153326.006, is repealed.
154     Section 3.  Paragraph (e) of subsection (1) of section
155212.06, Florida Statutes, is amended to read:
156     212.06  Sales, storage, use tax; collectible from dealers;
157"dealer" defined; dealers to collect from purchasers;
158legislative intent as to scope of tax.-
159     (1)
160     (e)1.  Notwithstanding any other provision of this chapter,
161tax shall not be imposed on any vessel registered under s.
162328.52 by a vessel dealer or vessel manufacturer with respect to
163a vessel used solely for demonstration, sales promotional, or
164testing purposes. The term "promotional purposes" shall include,
165but not be limited to, participation in fishing tournaments. For
166the purposes of this paragraph, "promotional purposes" means the
167entry of the vessel in a marine-related event where prospective
168purchasers would be in attendance, where the vessel is entered
169in the name of the dealer or manufacturer, and where the vessel
170is clearly marked as for sale, on which vessel the name of the
171dealer or manufacturer is clearly displayed, and which vessel
172has never been transferred into the dealer's or manufacturer's
173accounting books from an inventory item to a capital asset for
174depreciation purposes.
175     2.  The provisions of this paragraph do not apply to any
176vessel when used for transporting persons or goods for
177compensation; when offered, let, or rented to another for
178consideration; when offered for rent or hire as a means of
179transportation for compensation; or when offered or used to
180provide transportation for persons solicited through personal
181contact or through advertisement on a "share expense" basis.
182     3.  Notwithstanding any other provision of this chapter,
183tax may not be imposed on any vessel imported into this state
184for the sole purpose of being offered for sale at retail by a
185yacht broker or yacht dealer registered in this state if the
186vessel remains under the care, custody, and control of the
187registered broker or dealer and the owner of the vessel does not
188make personal use of the vessel during that time. The provisions
189of this chapter govern the taxability of any sale or use of the
190vessel subsequent to its importation under this provision.
191     Section 4.  Paragraph (i) of subsection (8) of section
192213.053, Florida Statutes, is amended to read:
193     213.053  Confidentiality and information sharing.-
194     (8)  Notwithstanding any other provision of this section,
195the department may provide:
196     (i)  Information relative to chapter chapters 212 and
197former chapter 326 to the Division of Florida Condominiums,
198Timeshares, and Mobile Homes of the Department of Business and
199Professional Regulation in the conduct of its official duties.
201Disclosure of information under this subsection shall be
202pursuant to a written agreement between the executive director
203and the agency. Such agencies, governmental or nongovernmental,
204shall be bound by the same requirements of confidentiality as
205the Department of Revenue. Breach of confidentiality is a
206misdemeanor of the first degree, punishable as provided by s.
207775.082 or s. 775.083.
208     Section 5.  Part VI of chapter 468, Florida Statutes,
209consisting of sections 468.381, 468.382, 468.383, 468.384,
210468.385, 468.3851, 468.3852, 468.3855, 468.386, 468.387,
211468.388, 468.389, 468.391, 468.392, 468.393, 468.394, 468.395,
212468.396, 468.397, 468.398, and 468.399, is repealed.
213     Section 6.  Paragraphs (m) through (q) of subsection (2) of
214section 538.03, Florida Statutes, are redesignated as paragraphs
215(l) through (p), respectively, and present paragraph (l) of that
216subsection is amended to read:
217     538.03  Definitions; applicability.-
218     (2)  This chapter does not apply to:
219     (l)  Any auction business as defined in s. 468.382(1).
220     Section 7.  Part VII of chapter 468, Florida Statutes,
221consisting of sections 468.401, 468.402, 468.403, 468.404,
222468.405, 468.406, 468.407, 468.408, 468.409, 468.410, 468.411,
223468.412, 468.413, 468.414, and 468.415, is repealed.
224     Section 8.  Part IX of chapter 468, Florida Statutes,
225consisting of sections 468.451, 468.452, 468.453, 468.4535,
226468.4536, 468.454, 468.456, 468.4561, 468.45615, 468.4562,
227468.4565, and 468.457, is repealed.
228     Section 9.  Section 477.0132, Florida Statutes, is amended
229to read:
230     (Substantial rewording of section. See
231     s. 477.0132, F.S., for present text.)
232     477.0132  Hair braiding, hair wrapping, and body wrapping;
233application of chapter.-This chapter does not apply to a person
234whose occupation or practice is confined solely to hair
235braiding, hair wrapping, or body wrapping.
236     Section 10.  Subsection (7) of section 477.019, Florida
237Statutes, is amended to read:
238     477.019  Cosmetologists; qualifications; licensure;
239supervised practice; license renewal; endorsement; continuing
241     (7)(a)  The board shall prescribe by rule continuing
242education requirements intended to ensure protection of the
243public through updated training of licensees and registered
244specialists, not to exceed 16 hours biennially, as a condition
245for renewal of a license or registration as a specialist under
246this chapter. Continuing education courses shall include, but
247not be limited to, the following subjects as they relate to the
248practice of cosmetology: human immunodeficiency virus and
249acquired immune deficiency syndrome; Occupational Safety and
250Health Administration regulations; workers' compensation issues;
251state and federal laws and rules as they pertain to
252cosmetologists, cosmetology, salons, specialists, specialty
253salons, and booth renters; chemical makeup as it pertains to
254hair, skin, and nails; and environmental issues. Courses given
255at cosmetology conferences may be counted toward the number of
256continuing education hours required if approved by the board.
257     (b)  Any person whose occupation or practice is confined
258solely to hair braiding, hair wrapping, or body wrapping is
259exempt from the continuing education requirements of this
261     (b)(c)  The board may, by rule, require any licensee in
262violation of a continuing education requirement to take a
263refresher course or refresher course and examination in addition
264to any other penalty. The number of hours for the refresher
265course may not exceed 48 hours.
266     Section 11.  Paragraph (f) of subsection (1) of section
267477.026, Florida Statutes, is amended to read:
268     477.026  Fees; disposition.-
269     (1)  The board shall set fees according to the following
271     (f)  For hair braiders, hair wrappers, and body wrappers,
272fees for registration shall not exceed $25.
273     Section 12.  Paragraph (g) of subsection (1) of section
274477.0265, Florida Statutes, is amended to read:
275     477.0265  Prohibited acts.-
276     (1)  It is unlawful for any person to:
277     (g)  Advertise or imply that skin care services or body
278wrapping, as performed under this chapter, have any relationship
279to the practice of massage therapy as defined in s. 480.033(3),
280except those practices or activities defined in s. 477.013.
281     Section 13.  Paragraphs (a) of subsection (1) of section
282477.029, Florida Statutes, is amended to read:
283     477.029  Penalty.-
284     (1)  It is unlawful for any person to:
285     (a)  Hold himself or herself out as a cosmetologist or,
286specialist, hair wrapper, hair braider, or body wrapper unless
287duly licensed, or registered, or otherwise authorized, as
288provided in this chapter.
289     Section 14.  Sections 481.2131 and 481.2251, Florida
290Statutes, are repealed.
291     Section 15.  Section 481.201, Florida Statutes, is amended
292to read:
293     481.201  Purpose.-The primary legislative purpose for
294enacting this part is to ensure that every architect practicing
295in this state meets minimum requirements for safe practice. It
296is the legislative intent that architects who fall below minimum
297competency or who otherwise present a danger to the public shall
298be prohibited from practicing in this state. The Legislature
299further finds that it is in the interest of the public to limit
300the practice of interior design to interior designers or
301architects who have the design education and training required
302by this part or to persons who are exempted from the provisions
303of this part.
304     Section 16.  Section 481.203, Florida Statutes, is amended
305to read:
306     481.203  Definitions.-As used in this part, the term:
307     (1)(3)  "Architect" or "registered architect" means a
308natural person who is licensed under this part to engage in the
309practice of architecture.
310     (2)(6)  "Architecture" means the rendering or offering to
311render services in connection with the design and construction
312of a structure or group of structures which have as their
313principal purpose human habitation or use, and the utilization
314of space within and surrounding such structures. These services
315include planning, providing preliminary study designs, drawings
316and specifications, job-site inspection, and administration of
317construction contracts.
318     (3)(1)  "Board" means the Board of Architecture and
319Interior Design.
320     (4)(5)  "Certificate of authorization" means a certificate
321issued by the department to a corporation or partnership to
322practice architecture or interior design.
323     (5)(4)  "Certificate of registration" means a license
324issued by the department to a natural person to engage in the
325practice of architecture or interior design.
326     (6)(2)  "Department" means the Department of Business and
327Professional Regulation.
328     (7)(15)  "Interior decorator services" includes the
329selection or assistance in selection of surface materials,
330window treatments, wallcoverings, paint, floor coverings,
331surface-mounted lighting, surface-mounted fixtures, and loose
332furnishings not subject to regulation under applicable building
334     (8)  "Interior design" means designs, consultations,
335studies, drawings, specifications, and administration of design
336construction contracts relating to nonstructural interior
337elements of a building or structure. "Interior design" includes,
338but is not limited to, reflected ceiling plans, space planning,
339furnishings, and the fabrication of nonstructural elements
340within and surrounding interior spaces of buildings. "Interior
341design" specifically excludes the design of or the
342responsibility for architectural and engineering work, except
343for specification of fixtures and their location within interior
344spaces. As used in this subsection, "architectural and
345engineering interior construction relating to the building
346systems" includes, but is not limited to, construction of
347structural, mechanical, plumbing, heating, air-conditioning,
348ventilating, electrical, or vertical transportation systems, or
349construction which materially affects lifesafety systems
350pertaining to firesafety protection such as fire-rated
351separations between interior spaces, fire-rated vertical shafts
352in multistory structures, fire-rated protection of structural
353elements, smoke evacuation and compartmentalization, emergency
354ingress or egress systems, and emergency alarm systems.
355     (9)  "Registered interior designer" or "interior designer"
356means a natural person who is licensed under this part.
357     (10)  "Nonstructural element" means an element which does
358not require structural bracing and which is something other than
359a load-bearing wall, load-bearing column, or other load-bearing
360element of a building or structure which is essential to the
361structural integrity of the building.
362     (11)  "Reflected ceiling plan" means a ceiling design plan
363which is laid out as if it were projected downward and which may
364include lighting and other elements.
365     (12)  "Space planning" means the analysis, programming, or
366design of spatial requirements, including preliminary space
367layouts and final planning.
368     (13)  "Common area" means an area that is held out for use
369by all tenants or owners in a multiple-unit dwelling, including,
370but not limited to, a lobby, elevator, hallway, laundry room,
371clubhouse, or swimming pool.
372     (14)  "Diversified interior design experience" means
373experience which substantially encompasses the various elements
374of interior design services set forth under the definition of
375"interior design" in subsection (8).
376     (8)(16)  "Responsible supervising control" means the
377exercise of direct personal supervision and control throughout
378the preparation of documents, instruments of service, or any
379other work requiring the seal and signature of a licensee under
380this part.
381     (9)(12)  "Space planning" means the analysis, programming,
382or design of spatial requirements, including preliminary space
383layouts and final planning.
384     (10)(7)  "Townhouse" is a single-family dwelling unit not
385exceeding three stories in height which is constructed in a
386series or group of attached units with property lines separating
387such units. Each townhouse shall be considered a separate
388building and shall be separated from adjoining townhouses by the
389use of separate exterior walls meeting the requirements for zero
390clearance from property lines as required by the type of
391construction and fire protection requirements; or shall be
392separated by a party wall; or may be separated by a single wall
393meeting the following requirements:
394     (a)  Such wall shall provide not less than 2 hours of fire
395resistance. Plumbing, piping, ducts, or electrical or other
396building services shall not be installed within or through the
3972-hour wall unless such materials and methods of penetration
398have been tested in accordance with the Standard Building Code.
399     (b)  Such wall shall extend from the foundation to the
400underside of the roof sheathing, and the underside of the roof
401shall have at least 1 hour of fire resistance for a width not
402less than 4 feet on each side of the wall.
403     (c)  Each dwelling unit sharing such wall shall be designed
404and constructed to maintain its structural integrity independent
405of the unit on the opposite side of the wall.
406     Section 17.  Subsection (1) and paragraph (a) of subsection
407(3) of section 481.205, Florida Statutes, are amended to read:
408     481.205  Board of Architecture and Interior Design.-
409     (1)  The Board of Architecture and Interior Design is
410created within the Department of Business and Professional
411Regulation. The board shall consist of seven 11 members. Five
412members must be registered architects who have been engaged in
413the practice of architecture for at least 5 years; three members
414must be registered interior designers who have been offering
415interior design services for at least 5 years and who are not
416also registered architects; and two three members must be
417laypersons who are not, and have never been, architects,
418interior designers, or members of any closely related profession
419or occupation. At least one member of the board must be 60 years
420of age or older.
421     (3)(a)  Notwithstanding the provisions of ss. 455.225,
422455.228, and 455.32, the duties and authority of the department
423to receive complaints and investigate and discipline persons
424licensed under this part, including the ability to determine
425legal sufficiency and probable cause; to initiate proceedings
426and issue final orders for summary suspension or restriction of
427a license pursuant to s. 120.60(6); to issue notices of
428noncompliance, notices to cease and desist, subpoenas, and
429citations; to retain legal counsel, investigators, or
430prosecutorial staff in connection with the licensed practice of
431architecture and interior design; and to investigate and deter
432the unlicensed practice of architecture and interior design as
433provided in s. 455.228 are delegated to the board. All
434complaints and any information obtained pursuant to an
435investigation authorized by the board are confidential and
436exempt from s. 119.07(1) as provided in s. 455.225(2) and (10).
437     Section 18.  Section 481.207, Florida Statutes, is amended
438to read:
439     481.207  Fees.-The board, by rule, may establish separate
440fees for architects and interior designers, to be paid for
441applications, examination, reexamination, licensing and renewal,
442delinquency, reinstatement, and recordmaking and recordkeeping.
443The examination fee shall be in an amount that covers the cost
444of obtaining and administering the examination and shall be
445refunded if the applicant is found ineligible to sit for the
446examination. The application fee is nonrefundable. The fee for
447initial application and examination for architects and interior
448designers may not exceed $775 plus the actual per applicant cost
449to the department for purchase of the examination from the
450National Council of Architectural Registration Boards or the
451National Council of Interior Design Qualifications,
452respectively, or similar national organizations. The biennial
453renewal fee for architects may not exceed $200. The biennial
454renewal fee for interior designers may not exceed $500. The
455delinquency fee may not exceed the biennial renewal fee
456established by the board for an active license. The board shall
457establish fees that are adequate to ensure the continued
458operation of the board and to fund the proportionate expenses
459incurred by the department which are allocated to the regulation
460of architects and interior designers. Fees shall be based on
461department estimates of the revenue required to implement this
462part and the provisions of law with respect to the regulation of
463architects and interior designers.
464     Section 19.  Section 481.209, Florida Statutes, is amended
465to read:
466     481.209  Examinations.-
467     (1)  A person desiring to be licensed as a registered
468architect shall apply to the department to take the licensure
469examination. The department shall administer the licensure
470examination for architects to each applicant who the board
472     (1)(a)  Has completed the application form and remitted a
473nonrefundable application fee and an examination fee which is
474refundable if the applicant is found to be ineligible to take
475the examination;
476     (2)(a)(b)1.  Is a graduate of a school or college of
477architecture accredited by the National Architectural
478Accreditation Board; or
479     (b)2.  Is a graduate of an approved architectural
480curriculum, evidenced by a degree from an unaccredited school or
481college of architecture approved by the board. The board shall
482adopt rules providing for the review and approval of
483unaccredited schools and colleges of architecture and courses of
484architectural study based on a review and inspection by the
485board of the curriculum of accredited schools and colleges of
486architecture in the United States; and
487     (3)(c)  Has completed, prior to examination, 1 year of the
488internship experience required by s. 481.211(1).
489     (2)  A person desiring to be licensed as a registered
490interior designer shall apply to the department for licensure.
491The department shall administer the licensure examination for
492interior designers to each applicant who has completed the
493application form and remitted the application and examination
494fees specified in s. 481.207 and who the board certifies:
495     (a)  Is a graduate from an interior design program of 5
496years or more and has completed 1 year of diversified interior
497design experience;
498     (b)  Is a graduate from an interior design program of 4
499years or more and has completed 2 years of diversified interior
500design experience;
501     (c)  Has completed at least 3 years in an interior design
502curriculum and has completed 3 years of diversified interior
503design experience; or
504     (d)  Is a graduate from an interior design program of at
505least 2 years and has completed 4 years of diversified interior
506design experience.
508Subsequent to October 1, 2000, for the purpose of having the
509educational qualification required under this subsection
510accepted by the board, the applicant must complete his or her
511education at a program, school, or college of interior design
512whose curriculum has been approved by the board as of the time
513of completion. Subsequent to October 1, 2003, all of the
514required amount of educational credits shall have been obtained
515in a program, school, or college of interior design whose
516curriculum has been approved by the board, as of the time each
517educational credit is gained. The board shall adopt rules
518providing for the review and approval of programs, schools, and
519colleges of interior design and courses of interior design study
520based on a review and inspection by the board of the curriculum
521of programs, schools, and colleges of interior design in the
522United States, including those programs, schools, and colleges
523accredited by the Foundation for Interior Design Education
524Research. The board shall adopt rules providing for the review
525and approval of diversified interior design experience required
526by this subsection.
527     Section 20.  Subsection (2) of section 481.211, Florida
528Statutes, is amended to read:
529     481.211  Architecture internship required.-
530     (2)  Each applicant for licensure shall complete 1 year of
531the internship experience required by this section subsequent to
532graduation from a school or college of architecture as defined
533in s. 481.209(1).
534     Section 21.  Subsections (1) through (4) of section
535481.213, Florida Statutes, are amended to read:
536     481.213  Licensure.-
537     (1)  The department shall license any applicant who the
538board certifies is qualified for licensure and who has paid the
539initial licensure fee. Licensure as an architect under this
540section shall be deemed to include all the rights and privileges
541of licensure as an interior designer under this section.
542     (2)  The board shall certify for licensure by examination
543any applicant who passes the prescribed licensure examination
544and satisfies the requirements of ss. 481.209 and 481.211, for
545architects, or the requirements of s. 481.209, for interior
547     (3)  The board shall certify as qualified for a license by
548endorsement as an architect or as an interior designer an
549applicant who:
550     (a)  Qualifies to take the prescribed licensure
551examination, and has passed the prescribed licensure examination
552or a substantially equivalent examination in another
553jurisdiction, as set forth in s. 481.209 for architects or
554interior designers, as applicable, and has satisfied the
555internship requirements set forth in s. 481.211 for architects;
556     (b)  Holds a valid license to practice architecture or
557interior design issued by another jurisdiction of the United
558States, if the criteria for issuance of such license were
559substantially equivalent to the licensure criteria that existed
560in this state at the time the license was issued; provided,
561however, that an applicant who has been licensed for use of the
562title "interior design" rather than licensed to practice
563interior design shall not qualify hereunder; or
564     (c)  Has passed the prescribed licensure examination and
565holds a valid certificate issued by the National Council of
566Architectural Registration Boards, and holds a valid license to
567practice architecture issued by another state or jurisdiction of
568the United States. For the purposes of this paragraph, any
569applicant licensed in another state or jurisdiction after June
57030, 1984, must also hold a degree in architecture and such
571degree must be equivalent to that required in s.
572481.209(2)(1)(b). Also for the purposes of this paragraph, any
573applicant licensed in another state or jurisdiction after June
57430, 1985, must have completed an internship equivalent to that
575required by s. 481.211 and any rules adopted with respect
577     (4)  The board may refuse to certify any applicant who has
578violated any of the provisions of s. 481.223, or s. 481.225, or
579s. 481.2251, as applicable.
580     Section 22.  Subsections (3) and (5) of section 481.215,
581Florida Statutes, are amended to read:
582     481.215  Renewal of license.-
583     (3)  A No license renewal may not shall be issued to an
584architect or an interior designer by the department until the
585licensee submits proof satisfactory to the department that,
586during the 2 years before prior to application for renewal, the
587licensee participated per biennium in not less than 20 hours of
588at least 50 minutes each per biennium of continuing education
589approved by the board. The board shall approve only continuing
590education that builds upon the basic knowledge of architecture
591or interior design. The board may make exception from the
592requirements of continuing education in emergency or hardship
594     (5)  The board shall require, by rule adopted pursuant to
595ss. 120.536(1) and 120.54, a specified number of hours in
596specialized or advanced courses, approved by the Florida
597Building Commission, on any portion of the Florida Building
598Code, adopted pursuant to part IV of chapter 553, relating to
599the licensee's respective area of practice.
600     Section 23.  Subsection (1) of section 481.217, Florida
601Statutes, is amended to read:
602     481.217  Inactive status.-
603     (1)  The board may prescribe by rule continuing education
604requirements as a condition of reactivating a license. The
605continuing education requirements for reactivating a license for
606a registered architect may not exceed 12 contact hours for each
607year the license was inactive. The minimum continuing education
608requirement for reactivating a license for a registered interior
609designer shall be those of the most recent biennium plus one-
610half of the requirements in s. 481.215 for each year or part
611thereof during which the license was inactive. The board shall
612only approve continuing education that builds upon the basic
613knowledge of interior design.
614     Section 24.  Section 481.219, Florida Statutes, is amended
615to read:
616     481.219  Certification of partnerships, limited liability
617companies, and corporations.-
618     (1)  The practice of or the offer to practice architecture
619or interior design by licensees through a corporation, limited
620liability company, or partnership offering architectural or
621interior design services to the public, or by a corporation,
622limited liability company, or partnership offering architectural
623or interior design services to the public through licensees
624under this part as agents, employees, officers, or partners, is
625permitted, subject to the provisions of this section.
626     (2)  For the purposes of this section, a certificate of
627authorization is shall be required for a corporation, limited
628liability company, partnership, or person practicing under a
629fictitious name, offering architectural services to the public
630jointly or separately. However, when an individual is practicing
631architecture in her or his own name, she or he is shall not be
632required to be certified under this section. Certification under
633this subsection to offer architectural services shall include
634all the rights and privileges of certification under subsection
635(3) to offer interior design services.
636     (3)  For the purposes of this section, a certificate of
637authorization shall be required for a corporation, limited
638liability company, partnership, or person operating under a
639fictitious name, offering interior design services to the public
640jointly or separately. However, when an individual is practicing
641interior design in her or his own name, she or he shall not be
642required to be certified under this section.
643     (3)(4)  All final construction documents and instruments of
644service which include drawings, specifications, plans, reports,
645or other papers or documents involving the practice of
646architecture which are prepared or approved for the use of the
647corporation, limited liability company, or partnership and filed
648for public record within the state shall bear the signature and
649seal of the licensee who prepared or approved them and the date
650on which they were sealed.
651     (5)  All drawings, specifications, plans, reports, or other
652papers or documents prepared or approved for the use of the
653corporation, limited liability company, or partnership by an
654interior designer in her or his professional capacity and filed
655for public record within the state shall bear the signature and
656seal of the licensee who prepared or approved them and the date
657on which they were sealed.
658     (4)(6)  The department shall issue a certificate of
659authorization to any applicant who the board certifies as
660qualified for a certificate of authorization and who has paid
661the fee set in s. 481.207.
662     (5)(7)  The board shall certify an applicant as qualified
663for a certificate of authorization to offer architectural or
664interior design services, provided that:
665     (a)  one or more of the principal officers of the
666corporation or limited liability company, or one or more
667partners of the partnership, and all personnel of the
668corporation, limited liability company, or partnership who act
669in its behalf in this state as architects, are registered as
670provided by this part; or
671     (b)  One or more of the principal officers of the
672corporation or one or more partners of the partnership, and all
673personnel of the corporation, limited liability company, or
674partnership who act in its behalf in this state as interior
675designers, are registered as provided by this part.
676     (6)(8)  The department shall adopt rules establishing a
677procedure for the biennial renewal of certificates of
679     (7)(9)  The department shall renew a certificate of
680authorization upon receipt of the renewal application and
681biennial renewal fee.
682     (8)(10)  Each partnership, limited liability company, and
683corporation certified under this section shall notify the
684department within 30 days of any change in the information
685contained in the application upon which the certification is
686based. Any registered architect or interior designer who
687qualifies the corporation, limited liability company, or
688partnership as provided in subsection (6) (7) shall be
689responsible for ensuring responsible supervising control of
690projects of the entity and upon termination of her or his
691employment with a partnership, limited liability company, or
692corporation certified under this section shall notify the
693department of the termination within 30 days.
694     (9)(11)  A No corporation, limited liability company, or
695partnership may not shall be relieved of responsibility for the
696conduct or acts of its agents, employees, or officers by reason
697of its compliance with this section. However, the architect who
698signs and seals the construction documents and instruments of
699service is shall be liable for the professional services
700performed, and the interior designer who signs and seals the
701interior design drawings, plans, or specifications shall be
702liable for the professional services performed.
703     (10)(12)  Disciplinary action against a corporation,
704limited liability company, or partnership shall be administered
705in the same manner and on the same grounds as disciplinary
706action against a registered architect or interior designer,
708     (11)(13)  Nothing in This section does not shall be
709construed to mean that a certificate of registration to practice
710architecture or interior design shall be held by a corporation,
711limited liability company, or partnership. Nothing in This
712section does not prohibit prohibits corporations, limited
713liability companies, and partnerships from joining together to
714offer architectural, engineering, interior design, surveying and
715mapping, and landscape architectural services, or any
716combination of such services, to the public, provided that each
717corporation, limited liability company, or partnership otherwise
718meets the requirements of law.
719     (14)  Corporations, limited liability companies, or
720partnerships holding a valid certificate of authorization to
721practice architecture shall be permitted to use in their title
722the term "interior designer" or "registered interior designer."
723     Section 25.  Section 481.221, Florida Statutes, is amended
724to read:
725     481.221  Seals; display of certificate number.-
726     (1)  The board shall prescribe, by rule, one or more forms
727of seals to be used by registered architects holding valid
728certificates of registration.
729     (2)  Each registered architect shall obtain one seal in a
730form approved by rule of the board and may, in addition,
731register her or his seal electronically in accordance with ss.
732668.001-668.006. All final construction documents and
733instruments of service which include drawings, plans,
734specifications, or reports prepared or issued by the registered
735architect and being filed for public record shall bear the
736signature and seal of the registered architect who prepared or
737approved the document and the date on which they were sealed.
738The signature, date, and seal shall be evidence of the
739authenticity of that to which they are affixed. Final plans,
740specifications, or reports prepared or issued by a registered
741architect may be transmitted electronically and may be signed by
742the registered architect, dated, and sealed electronically with
743the seal in accordance with ss. 668.001-668.006.
744     (3)  The board shall adopt a rule prescribing the
745distinctly different seals to be used by registered interior
746designers holding valid certificates of registration. Each
747registered interior designer shall obtain a seal as prescribed
748by the board, and all drawings, plans, specifications, or
749reports prepared or issued by the registered interior designer
750and being filed for public record shall bear the signature and
751seal of the registered interior designer who prepared or
752approved the document and the date on which they were sealed.
753The signature, date, and seal shall be evidence of the
754authenticity of that to which they are affixed. Final plans,
755specifications, or reports prepared or issued by a registered
756interior designer may be transmitted electronically and may be
757signed by the registered interior designer, dated, and sealed
758electronically with the seal in accordance with ss. 668.001-
760     (3)(4)  No registered architect shall affix, or permit to
761be affixed, her or his seal or signature to any final
762construction document or instrument of service which includes
763any plan, specification, drawing, or other document which
764depicts work which she or he is not competent to perform.
765     (5)  No registered interior designer shall affix, or permit
766to be affixed, her or his seal or signature to any plan,
767specification, drawing, or other document which depicts work
768which she or he is not competent or licensed to perform.
769     (7)  No registered interior designer shall affix her or his
770signature or seal to any plans, specifications, or other
771documents which were not prepared by her or him or under her or
772his responsible supervising control or by another registered
773interior designer and reviewed, approved, or modified and
774adopted by her or him as her or his own work according to rules
775adopted by the board.
776     (9)  Studies, drawings, specifications, and other related
777documents prepared by a registered interior designer in
778providing interior design services shall be of a sufficiently
779high standard to clearly and accurately indicate all essential
780parts of the work to which they refer.
781     (4)(10)  Each registered architect and each or interior
782designer, and each corporation, limited liability company, or
783partnership holding a certificate of authorization, shall
784include its certificate number in any newspaper, telephone
785directory, or other advertising medium used by the registered
786architect, interior designer, corporation, limited liability
787company, or partnership. A corporation, limited liability
788company, or partnership is not required to display the
789certificate number of individual registered architects or
790interior designers employed by or working within the
791corporation, limited liability company, or partnership.
792     (5)(11)  When the certificate of registration of a
793registered architect or interior designer has been revoked or
794suspended by the board, the registered architect or interior
795designer shall surrender her or his seal to the secretary of the
796board within a period of 30 days after the revocation or
797suspension has become effective. If the certificate of the
798registered architect or interior designer has been suspended for
799a period of time, her or his seal shall be returned to her or
800him upon expiration of the suspension period.
801     (6)(12)  A person may not sign and seal by any means any
802final plan, specification, or report after her or his
803certificate of registration has expired or is suspended or
804revoked. A registered architect or interior designer whose
805certificate of registration is suspended or revoked shall,
806within 30 days after the effective date of the suspension or
807revocation, surrender her or his seal to the executive director
808of the board and confirm in writing to the executive director
809the cancellation of the registered architect's or interior
810designer's electronic signature in accordance with ss. 668.001-
811668.006. When a registered architect's or interior designer's
812certificate of registration is suspended for a period of time,
813her or his seal shall be returned upon expiration of the period
814of suspension.
815     Section 26.  Section 481.222, Florida Statutes, is amended
816to read:
817     481.222  Architects performing building code inspection
818services.-Notwithstanding any other provision of law, a person
819who is currently licensed to practice as an architect under this
820part may provide building code inspection services described in
821s. 468.603(6) and (7) to a local government or state agency upon
822its request, without being certified by the Florida Building
823Code Administrators and Inspectors Board under part XII of
824chapter 468. With respect to the performance of such building
825code inspection services, the architect is subject to the
826disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
827Any complaint processing, investigation, and discipline that
828arise out of an architect's performance of building code
829inspection services shall be conducted by the Board of
830Architecture and Interior Design rather than the Florida
831Building Code Administrators and Inspectors Board. An architect
832may not perform plans review as an employee of a local
833government upon any job that the architect or the architect's
834company designed.
835     Section 27.  Section 481.223, Florida Statutes, is amended
836to read:
837     481.223  Prohibitions; penalties; injunctive relief.-
838     (1)  A person may not knowingly:
839     (a)  Practice architecture unless the person is an
840architect or a registered architect; however, a licensed
841architect who has been licensed by the board and who chooses to
842relinquish or not to renew his or her license may use the title
843"Architect, Retired" but may not otherwise render any
844architectural services.
845     (b)  Practice interior design unless the person is a
846registered interior designer unless otherwise exempted herein;
847however, an interior designer who has been licensed by the board
848and who chooses to relinquish or not to renew his or her license
849may use the title "Interior Designer, Retired" but may not
850otherwise render any interior design services.
851     (b)(c)  Use the name or title "architect" or "registered
852architect," or "interior designer" or "registered interior
853designer," or words to that effect, when the person is not then
854the holder of a valid license issued pursuant to this part.
855     (c)(d)  Present as his or her own the license of another.
856     (d)(e)  Give false or forged evidence to the board or a
857member thereof.
858     (e)(f)  Use or attempt to use an architect or interior
859designer license that has been suspended, revoked, or placed on
860inactive or delinquent status.
861     (f)(g)  Employ unlicensed persons to practice architecture
862or interior design.
863     (g)(h)  Conceal information relative to violations of this
865     (2)  Any person who violates any provision of subsection
866(1) commits a misdemeanor of the first degree, punishable as
867provided in s. 775.082 or s. 775.083.
868     (3)(a)  Notwithstanding chapter 455 or any other law to the
869contrary, an affected person may maintain an action for
870injunctive relief to restrain or prevent a person from violating
871paragraph (1)(a), paragraph (1)(b), or paragraph (1)(b)(c). The
872prevailing party is entitled to actual costs and attorney's
874     (b)  For purposes of this subsection, the term "affected
875person" means a person directly affected by the actions of a
876person suspected of violating paragraph (1)(a), paragraph
877(1)(b), or paragraph (1)(b)(c) and includes, but is not limited
878to, the department, any person who received services from the
879alleged violator, or any private association composed primarily
880of members of the profession the alleged violator is practicing
881or offering to practice or holding himself or herself out as
882qualified to practice.
883     Section 28.  Subsections (5) through (8) of section
884481.229, Florida Statutes, are amended to read:
885     481.229  Exceptions; exemptions from licensure.-
886     (5)(a)  Nothing contained in this part shall prevent a
887registered architect or a partnership, limited liability
888company, or corporation holding a valid certificate of
889authorization to provide architectural services from performing
890any interior design service or from using the title "interior
891designer" or "registered interior designer."
892     (b)  Notwithstanding any other provision of this part, all
893persons licensed as architects under this part shall be
894qualified for interior design licensure upon submission of a
895completed application for such license and a fee not to exceed
896$30. Such persons shall be exempt from the requirements of s.
897481.209(2). For architects licensed as interior designers,
898satisfaction of the requirements for renewal of licensure as an
899architect under s. 481.215 shall be deemed to satisfy the
900requirements for renewal of licensure as an interior designer
901under that section. Complaint processing, investigation, or
902other discipline-related legal costs related to persons licensed
903as interior designers under this paragraph shall be assessed
904against the architects' account of the Regulatory Trust Fund.
905     (c)  Notwithstanding any other provision of this part, any
906corporation, partnership, or person operating under a fictitious
907name which holds a certificate of authorization to provide
908architectural services shall be qualified, without fee, for a
909certificate of authorization to provide interior design services
910upon submission of a completed application therefor. For
911corporations, partnerships, and persons operating under a
912fictitious name which hold a certificate of authorization to
913provide interior design services, satisfaction of the
914requirements for renewal of the certificate of authorization to
915provide architectural services under s. 481.219 shall be deemed
916to satisfy the requirements for renewal of the certificate of
917authorization to provide interior design services under that
919     (6)  This part shall not apply to:
920     (a)  A person who performs interior design services or
921interior decorator services for any residential application,
922provided that such person does not advertise as, or represent
923himself or herself as, an interior designer. For purposes of
924this paragraph, "residential applications" includes all types of
925residences, including, but not limited to, residence buildings,
926single-family homes, multifamily homes, townhouses, apartments,
927condominiums, and domestic outbuildings appurtenant to one-
928family or two-family residences. However, "residential
929applications" does not include common areas associated with
930instances of multiple-unit dwelling applications.
931     (b)  An employee of a retail establishment providing
932"interior decorator services" on the premises of the retail
933establishment or in the furtherance of a retail sale or
934prospective retail sale, provided that such employee does not
935advertise as, or represent himself or herself as, an interior
937     (7)  Nothing in this part shall be construed as authorizing
938or permitting an interior designer to engage in the business of,
939or to act as, a contractor within the meaning of chapter 489,
940unless registered or certified as a contractor pursuant to
941chapter 489.
942     (5)(8)  A manufacturer of commercial food service equipment
943or the manufacturer's representative, distributor, or dealer or
944an employee thereof, who prepares designs, specifications, or
945layouts for the sale or installation of such equipment is exempt
946from licensure as an architect or interior designer, if:
947     (a)  The designs, specifications, or layouts are not used
948for construction or installation that may affect structural,
949mechanical, plumbing, heating, air conditioning, ventilating,
950electrical, or vertical transportation systems.
951     (b)  The designs, specifications, or layouts do not
952materially affect lifesafety systems pertaining to firesafety
953protection, smoke evacuation and compartmentalization, and
954emergency ingress or egress systems.
955     (c)  Each design, specification, or layout document
956prepared by a person or entity exempt under this subsection
957contains a statement on each page of the document that the
958designs, specifications, or layouts are not architectural,
959interior design, or engineering designs, specifications, or
960layouts and not used for construction unless reviewed and
961approved by a licensed architect or engineer.
962     Section 29.  Subsection (1) of section 481.231, Florida
963Statutes, is amended to read:
964     481.231  Effect of part locally.-
965     (1)  Nothing in This part does not shall be construed to
966repeal, amend, limit, or otherwise affect any specific provision
967of any local building code or zoning law or ordinance that has
968been duly adopted, now or hereafter enacted, which is more
969restrictive, with respect to the services of registered
970architects or registered interior designers, than the provisions
971of this part; provided, however, that a licensed architect shall
972be deemed licensed as an interior designer for purposes of
973offering or rendering interior design services to a county,
974municipality, or other local government or political
976     Section 30.  Paragraph (c) of subsection (5) of section
977553.79, Florida Statutes, is amended to read:
978     553.79  Permits; applications; issuance; inspections.-
979     (5)
980     (c)  The architect or engineer of record may act as the
981special inspector provided she or he is on the Board of
982Professional Engineers' or the Board of Architecture's
983Architecture and Interior Design's list of persons qualified to
984be special inspectors. School boards may utilize employees as
985special inspectors provided such employees are on one of the
986professional licensing board's list of persons qualified to be
987special inspectors.
988     Section 31.  Subsection (7) of section 558.002, Florida
989Statutes, is amended to read:
990     558.002  Definitions.-As used in this chapter, the term:
991     (7)  "Design professional" means a person, as defined in s.
9921.01, who is licensed in this state as an architect, interior
993designer, landscape architect, engineer, or surveyor.
994     Section 32.  Chapter 496, Florida Statutes, consisting of
995sections 496.401, 496.402, 496.403, 496.404, 496.405, 496.406,
996496.407, 496.409, 496.410, 496.411, 496.412, 496.413, 496.414,
997496.415, 496.416, 496.417, 496.418, 496.419, 496.420, 496.421,
998496.422, 496.423, 496.424, 496.425, 496.4255, and 496.426, is
1000     Section 33.  Paragraph (b) of subsection (3) of section
1001110.181, Florida Statutes, is amended to read:
1002     110.181  Florida State Employees' Charitable Campaign.-
1004     (b)  Department action which adversely affects the
1005substantial interests of a party may be subject to a hearing.
1006The proceeding shall be conducted in accordance with chapter
1007120, except that the time limits set forth in s. 496.405(7)
1008shall prevail to the extent of any conflict.
1009     Section 34.  Subsections (2) and (3) of section 316.2045,
1010Florida Statutes, are amended to read:
1011     316.2045  Obstruction of public streets, highways, and
1013     (2)  It is unlawful, without proper authorization or a
1014lawful permit, for any person or persons willfully to obstruct
1015the free, convenient, and normal use of any public street,
1016highway, or road by any of the means specified in subsection (1)
1017in order to solicit. Any person who violates the provisions of
1018this subsection is guilty of a misdemeanor of the second degree,
1019punishable as provided in s. 775.082 or s. 775.083.
1020Organizations qualified under s. 501(c)(3) of the Internal
1021Revenue Code and registered pursuant to chapter 496, or persons
1022or organizations acting on their behalf are exempted from the
1023provisions of this subsection for activities on streets or roads
1024not maintained by the state. Permits for the use of any portion
1025of a state-maintained road or right-of-way shall be required
1026only for those purposes and in the manner set out in s. 337.406.
1027     (3)  Permits for the use of any street, road, or right-of-
1028way not maintained by the state may be issued by the appropriate
1029local government. An organization that is qualified under s.
1030501(c)(3) of the Internal Revenue Code and registered under
1031chapter 496, or a person or organization acting on behalf of
1032that organization, is exempt from local requirements for a
1033permit issued under this subsection for charitable solicitation
1034activities on or along streets or roads that are not maintained
1035by the state under the following conditions:
1036     (a)  The organization, or the person or organization acting
1037on behalf of the organization, must provide all of the following
1038to the local government:
1039     1.  No fewer than 14 calendar days prior to the proposed
1040solicitation, the name and address of the person or organization
1041that will perform the solicitation and the name and address of
1042the organization that will receive funds from the solicitation.
1043     2.  For review and comment, a plan for the safety of all
1044persons participating in the solicitation, as well as the
1045motoring public, at the locations where the solicitation will
1046take place.
1047     3.  Specific details of the location or locations of the
1048proposed solicitation and the hours during which the
1049solicitation activities will occur.
1050     4.  Proof of commercial general liability insurance against
1051claims for bodily injury and property damage occurring on
1052streets, roads, or rights-of-way or arising from the solicitor's
1053activities or use of the streets, roads, or rights-of-way by the
1054solicitor or the solicitor's agents, contractors, or employees.
1055The insurance shall have a limit of not less than $1 million per
1056occurrence for the general aggregate. The certificate of
1057insurance shall name the local government as an additional
1058insured and shall be filed with the local government no later
1059than 72 hours before the date of the solicitation.
1060     5.  Proof of registration with the Department of
1061Agriculture and Consumer Services pursuant to s. 496.405 or
1062proof that the soliciting organization is exempt from the
1063registration requirement.
1064     (b)  Organizations or persons meeting the requirements of
1065subparagraphs (a)1.-5. may solicit for a period not to exceed 10
1066cumulative days within 1 calendar year.
1067     (c)  All solicitation shall occur during daylight hours
1069     (d)  Solicitation activities shall not interfere with the
1070safe and efficient movement of traffic and shall not cause
1071danger to the participants or the public.
1072     (e)  No person engaging in solicitation activities shall
1073persist after solicitation has been denied, act in a demanding
1074or harassing manner, or use any sound or voice-amplifying
1075apparatus or device.
1076     (f)  All persons participating in the solicitation shall be
1077at least 18 years of age and shall possess picture
1079     (g)  Signage providing notice of the solicitation shall be
1080posted at least 500 feet before the site of the solicitation.
1081     (h)  The local government may stop solicitation activities
1082if any conditions or requirements of this subsection are not
1084     Section 35.  Subsection (8) of section 320.023, Florida
1085Statutes, is amended to read:
1086     320.023  Requests to establish voluntary checkoff on motor
1087vehicle registration application.-
1088     (8)  All organizations seeking to establish a voluntary
1089contribution on a motor vehicle registration application that
1090are required to operate under the Solicitation of Contributions
1091Act, as provided in chapter 496, must do so before funds may be
1093     Section 36.  Subsection (8) of section 322.081, Florida
1094Statutes, is amended to read:
1095     322.081  Requests to establish voluntary checkoff on
1096driver's license application.-
1097     (8)  All organizations seeking to establish a voluntary
1098contribution on a driver's license application that are required
1099to operate under the Solicitation of Contributions Act, as
1100provided in chapter 496, must do so before funds may be
1102     Section 37.  Paragraph (d) of subsection (3) and paragraph
1103(d) of subsection (4) of section 413.033, Florida Statutes, are
1104amended to read:
1105     413.033  Definitions.-As used in ss. 413.032-413.037:
1106     (3)  "Qualified nonprofit agency for the blind" means an
1108     (d)  Which meets the criteria for determining nonprofit
1109status under the provisions of s. 196.195 and is registered and
1110in good standing as a charitable organization with the
1111Department of Agriculture and Consumer Services under the
1112provisions of chapter 496.
1113     (4)  "Qualified nonprofit agency for other severely
1114handicapped" means an agency:
1115     (d)  Which meets the criteria for determining nonprofit
1116status under the provisions of s. 196.195 and is registered and
1117in good standing as a charitable organization with the
1118Department of Agriculture and Consumer Services under the
1119provisions of chapter 496.
1120     Section 38.  Subsection (2) of section 550.0351, Florida
1121Statutes, is amended to read:
1122     550.0351  Charity racing days.-
1123     (2)  The proceeds of charity performances shall be paid to
1124qualified beneficiaries selected by the permitholders from an
1125authorized list of charities on file with the division. Eligible
1126charities include any charity that provides evidence of
1127compliance with the provisions of chapter 496 and evidence of
1128possession of a valid exemption from federal taxation issued by
1129the Internal Revenue Service. In addition, the authorized list
1130must include the Racing Scholarship Trust Fund, the Historical
1131Resources Operating Trust Fund, major state and private
1132institutions of higher learning, and Florida community colleges.
1133     Section 39.  Section 550.1647, Florida Statutes, is amended
1134to read:
1135     550.1647  Greyhound permitholders; unclaimed tickets;
1136breaks.-All money or other property represented by any
1137unclaimed, uncashed, or abandoned pari-mutuel ticket which has
1138remained in the custody of or under the control of any
1139permitholder authorized to conduct greyhound racing pari-mutuel
1140pools in this state for a period of 1 year after the date the
1141pari-mutuel ticket was issued, if the rightful owner or owners
1142thereof have made no claim or demand for such money or other
1143property within that period of time, shall, with respect to live
1144races conducted by the permitholder, be remitted to the state
1145pursuant to s. 550.1645; however, such permitholder shall be
1146entitled to a credit in each state fiscal year in an amount
1147equal to the actual amount remitted in the prior state fiscal
1148year which may be applied against any taxes imposed pursuant to
1149this chapter. In addition, each permitholder shall pay, from any
1150source, including the proceeds from performances conducted
1151pursuant to s. 550.0351, an amount not less than 10 percent of
1152the amount of the credit provided by this section to any bona
1153fide organization that promotes or encourages the adoption of
1154greyhounds. As used in this chapter, the term "bona fide
1155organization that promotes or encourages the adoption of
1156greyhounds" means any organization that provides evidence of
1157compliance with chapter 496 and possesses a valid exemption from
1158federal taxation issued by the Internal Revenue Service. Such
1159bona fide organization, as a condition of adoption, must provide
1160sterilization of greyhounds by a licensed veterinarian before
1161relinquishing custody of the greyhound to the adopter. The fee
1162for sterilization may be included in the cost of adoption.
1163     Section 40.  Paragraph (a) of subsection (3) of section
1164741.0305, Florida Statutes, is amended to read:
1165     741.0305  Marriage fee reduction for completion of
1166premarital preparation course.-
1167     (3)(a)  All individuals electing to participate in a
1168premarital preparation course shall choose from the following
1169list of qualified instructors:
1170     1.  A psychologist licensed under chapter 490.
1171     2.  A clinical social worker licensed under chapter 491.
1172     3.  A marriage and family therapist licensed under chapter
1174     4.  A mental health counselor licensed under chapter 491.
1175     5.  An official representative of a religious institution
1176which is recognized under s. 496.404(19), if the representative
1177has relevant training.
1178     6.  Any other provider designated by a judicial circuit,
1179including, but not limited to, school counselors who are
1180certified to offer such courses. Each judicial circuit may
1181establish a roster of area course providers, including those who
1182offer the course on a sliding fee scale or for free.
1183     Section 41.  Paragraph (a) of subsection (1) of section
1184775.0861, Florida Statutes, is amended to read:
1185     775.0861  Offenses against persons on the grounds of
1186religious institutions; reclassification.-
1187     (1)  For purposes of this section, the term:
1188     (a)  "Religious institution" means any church,
1189ecclesiastical or denominational organization, or established
1190physical place for worship in this state at which nonprofit
1191religious services and activities are regularly conducted and
1192carried on, and includes those bona fide religious groups which
1193do not maintain specific places of worship. The term includes
1194any separate group or corporation which forms an integral part
1195of a religious institution which is exempt from federal income
1196tax under the provisions of s. 501(c)(3) of the Internal Revenue
1197Code, and which is not primarily supported by funds solicited
1198outside its own membership or congregation is as defined in s.
1200     Section 42.  Paragraph (a) of subsection (8) of section
1201790.166, Florida Statutes, is amended to read:
1202     790.166  Manufacture, possession, sale, delivery, display,
1203use, or attempted or threatened use of a weapon of mass
1204destruction or hoax weapon of mass destruction prohibited;
1205definitions; penalties.-
1206     (8)  For purposes of this section, the term "weapon of mass
1207destruction" does not include:
1208     (a)  A device or instrument that emits or discharges smoke
1209or an offensive, noxious, or irritant liquid, powder, gas, or
1210chemical for the purpose of immobilizing, incapacitating, or
1211thwarting an attack by a person or animal and that is lawfully
1212possessed or used by a person for the purpose of self-protection
1213or, as provided in subsection (7), is lawfully possessed or used
1214by any member or employee of the Armed Forces of the United
1215States, a federal or state governmental agency, or a private
1216entity. A member or employee of a federal or state governmental
1217agency includes, but is not limited to, a law enforcement
1218officer, as defined in s. 784.07; a federal law enforcement
1219officer, as defined in s. 901.1505; a firefighter, as defined in
1220s. 633.30; and an ambulance driver, emergency medical
1221technician, or paramedic, as defined in s. 401.23 emergency
1222service employee, as defined in s. 496.404.
1223     Section 43.  Paragraph (d) of subsection (3) of section
1224843.16, Florida Statutes, is amended to read:
1225     843.16  Unlawful to install or transport radio equipment
1226using assigned frequency of state or law enforcement officers;
1227definitions; exceptions; penalties.-
1228     (3)  This section does not apply to the following:
1229     (d)  Any sworn law enforcement officer as defined in s.
1230943.10; a firefighter, as defined in s. 633.30; or an ambulance
1231driver, emergency medical technician, or paramedic, as defined
1232in s. 401.23 or emergency service employee as defined in s.
1233496.404 while using personal transportation to and from work.
1234     Section 44.  Subsection (2) of section 849.0935, Florida
1235Statutes, is amended to read:
1236     849.0935  Charitable, nonprofit organizations; drawings by
1237chance; required disclosures; unlawful acts and practices;
1239     (2)  Section The provisions of s. 849.09 does shall not be
1240construed to prohibit an organization qualified under 26 U.S.C.
1241s. 501(c)(3), (4), (7), (8), (10), or (19) from conducting
1242drawings by chance pursuant to the authority granted by this
1243section, provided the organization has complied with all
1244applicable provisions of chapter 496.
1245     Section 45.  Section 500.459, Florida Statutes, is
1247     Section 46.  Section 500.511, Florida Statutes, is amended
1248to read:
1249     500.511  Bottled water plants; packed ice plants; Fees;
1250enforcement; preemption.-
1251     (1)  FEES.-All fees collected under s. 500.459 shall be
1252deposited into the General Inspection Trust Fund and shall be
1253accounted for separately and used for the sole purpose of
1254administering the provisions of such section.
1255     (2)  ENFORCEMENT AND PENALTIES.-In addition to the
1256provisions contained in s. 500.459, the department may enforce
1257s. 500.459 in the manner provided in s. 500.121. Any person who
1258violates a provision of s. 500.459 or any rule adopted under
1259such section shall be punished as provided in such section.
1260However, criminal penalties may not be imposed against any
1261person who violates a rule.
1262     (3)  PREEMPTION OF AUTHORITY TO REGULATE.-Regulation of
1263bottled water plants, water vending machines, water vending
1264machine operators, and packaged ice plants is preempted by the
1265state. No county or municipality may adopt or enforce any
1266ordinance that regulates the licensure or operation of bottled
1267water plants, water vending machines, or packaged ice plants,
1268unless it is determined that unique conditions exist within the
1269county which require the county to regulate such entities in
1270order to protect the public health. This subsection does not
1271prohibit a county or municipality from requiring a business tax
1272pursuant to chapter 205.
1273     Section 47.  Sections 501.012, 501.0125, 501.013, 501.014,
1274501.015, 501.016, 501.017, 501.018, and 501.019, Florida
1275Statutes, are repealed.
1276     Section 48.  Paragraph (d) of subsection (2) of section
1277501.165, Florida Statutes, is amended to read:
1278     501.165  Automatic renewal of service contracts.-
1280     (d)  This subsection does not apply to:
1281     1.  A financial institution as defined in s. 655.005(1)(h)
1282or any depository institution as defined in 12 U.S.C. s.
1284     2.  A foreign bank maintaining a branch or agency licensed
1285under the laws of any state of the United States.
1286     3.  Any subsidiary or affiliate of an entity described in
1287subparagraph 1. or subparagraph 2.
1288     4.  A health studio as defined in s. 501.0125(1).
1289     4.5.  Any entity licensed under chapter 624, chapter 627,
1290chapter 634, chapter 636, or chapter 641.
1291     5.6.  Any electric utility as defined in s. 366.02(2).
1292     6.7.  Any private company as defined in s. 180.05 providing
1293services described in chapter 180 that is competing against a
1294governmental entity or has a governmental entity providing
1295billing services on its behalf.
1296     Section 49.  Section 501.143, Florida Statutes, is
1298     Section 50.  Section 205.1969, Florida Statutes, is
1300     Section 51.  Part IV of chapter 501, Florida Statutes,
1301consisting of sections 501.601, 501.602, 501.603, 501.604,
1302501.605, 501.606, 501.607, 501.608, 501.609, 501.611, 501.612,
1303501.613, 501.614, 501.615, 501.616, 501.617, 501.618, 501.619,
1304501.621, 501.622, 501.623, 501.624, 501.625, and 501.626, is
1306     Section 52.  Section 205.1973, Florida Statutes, is
1308     Section 53.  Paragraph (b) of subsection (1) of section
1309501.165, Florida Statutes, is amended to read:
1310     501.165  Automatic renewal of service contracts.-
1311     (1)  DEFINITIONS.-As used in this section:
1312     (b)  "Consumer" means a natural person an individual, as
1313defined in s. 501.603, receiving service, maintenance, or repair
1314under a service contract. The term does not include an
1315individual engaged in business or employed by or otherwise
1316acting on behalf of a governmental entity if the individual
1317enters into the service contract as part of or ancillary to the
1318individual's business activities or on behalf of the business or
1319governmental entity.
1320     Section 54.  Paragraph (c) of subsection (1) of section
1321648.44, Florida Statutes, is amended to read:
1322     648.44  Prohibitions; penalty.-
1323     (1)  A bail bond agent or temporary bail bond agent may
1325     (c)  Initiate in-person or telephone solicitation after
13269:00 p.m. or before 8:00 a.m., in the case of domestic violence
1327cases, at the residence of the detainee or the detainee's
1328family. Any solicitation not prohibited by this chapter must
1329comply with the telephone solicitation requirements in s. ss.
1330501.059(2) and (4), 501.613, and 501.616(6).
1331     Section 55.  Paragraph (a) of subsection (1) of section
1332772.102, Florida Statutes, is amended to read:
1333     772.102  Definitions.-As used in this chapter, the term:
1334     (1)  "Criminal activity" means to commit, to attempt to
1335commit, to conspire to commit, or to solicit, coerce, or
1336intimidate another person to commit:
1337     (a)  Any crime that is chargeable by indictment or
1338information under the following provisions:
1339     1.  Section 210.18, relating to evasion of payment of
1340cigarette taxes.
1341     2.  Section 414.39, relating to public assistance fraud.
1342     3.  Section 440.105 or s. 440.106, relating to workers'
1344     4.  Part IV of chapter 501, relating to telemarketing.
1345     4.5.  Chapter 517, relating to securities transactions.
1346     5.6.  Section 550.235 or s. 550.3551, relating to dogracing
1347and horseracing.
1348     6.7.  Chapter 550, relating to jai alai frontons.
1349     7.8.  Chapter 552, relating to the manufacture,
1350distribution, and use of explosives.
1351     8.9.  Chapter 562, relating to beverage law enforcement.
1352     9.10.  Section 624.401, relating to transacting insurance
1353without a certificate of authority, s. 624.437(4)(c)1., relating
1354to operating an unauthorized multiple-employer welfare
1355arrangement, or s. 626.902(1)(b), relating to representing or
1356aiding an unauthorized insurer.
1357     10.11.  Chapter 687, relating to interest and usurious
1359     11.12.  Section 721.08, s. 721.09, or s. 721.13, relating
1360to real estate timeshare plans.
1361     12.13.  Chapter 782, relating to homicide.
1362     13.14.  Chapter 784, relating to assault and battery.
1363     14.15.  Chapter 787, relating to kidnapping or human
1365     15.16.  Chapter 790, relating to weapons and firearms.
1366     16.17.  Section 796.03, s. 796.04, s. 796.045, s. 796.05,
1367or s. 796.07, relating to prostitution.
1368     17.18.  Chapter 806, relating to arson.
1369     18.19.  Section 810.02(2)(c), relating to specified
1370burglary of a dwelling or structure.
1371     19.20.  Chapter 812, relating to theft, robbery, and
1372related crimes.
1373     20.21.  Chapter 815, relating to computer-related crimes.
1374     21.22.  Chapter 817, relating to fraudulent practices,
1375false pretenses, fraud generally, and credit card crimes.
1376     22.23.  Section 827.071, relating to commercial sexual
1377exploitation of children.
1378     23.24.  Chapter 831, relating to forgery and
1380     24.25.  Chapter 832, relating to issuance of worthless
1381checks and drafts.
1382     25.26.  Section 836.05, relating to extortion.
1383     26.27.  Chapter 837, relating to perjury.
1384     27.28.  Chapter 838, relating to bribery and misuse of
1385public office.
1386     28.29.  Chapter 843, relating to obstruction of justice.
1387     29.30.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1388or s. 847.07, relating to obscene literature and profanity.
1389     30.31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1390s. 849.25, relating to gambling.
1391     31.32.  Chapter 893, relating to drug abuse prevention and
1393     32.33.  Section 914.22 or s. 914.23, relating to witnesses,
1394victims, or informants.
1395     33.34.  Section 918.12 or s. 918.13, relating to tampering
1396with jurors and evidence.
1397     Section 56.  Paragraph (a) of subsection (1) of section
1398895.02, Florida Statutes, is amended to read:
1399     895.02  Definitions.-As used in ss. 895.01-895.08, the
1401     (1)  "Racketeering activity" means to commit, to attempt to
1402commit, to conspire to commit, or to solicit, coerce, or
1403intimidate another person to commit:
1404     (a)  Any crime that is chargeable by petition, indictment,
1405or information under the following provisions of the Florida
1407     1.  Section 210.18, relating to evasion of payment of
1408cigarette taxes.
1409     2.  Section 316.1935, relating to fleeing or attempting to
1410elude a law enforcement officer and aggravated fleeing or
1412     3.  Section 403.727(3)(b), relating to environmental
1414     4.  Section 409.920 or s. 409.9201, relating to Medicaid
1416     5.  Section 414.39, relating to public assistance fraud.
1417     6.  Section 440.105 or s. 440.106, relating to workers'
1419     7.  Section 443.071(4), relating to creation of a
1420fictitious employer scheme to commit unemployment compensation
1422     8.  Section 465.0161, relating to distribution of medicinal
1423drugs without a permit as an Internet pharmacy.
1424     9.  Section 499.0051, relating to crimes involving
1425contraband and adulterated drugs.
1426     10.  Part IV of chapter 501, relating to telemarketing.
1427     10.11.  Chapter 517, relating to sale of securities and
1428investor protection.
1429     11.12.  Section 550.235 or s. 550.3551, relating to
1430dogracing and horseracing.
1431     12.13.  Chapter 550, relating to jai alai frontons.
1432     13.14.  Section 551.109, relating to slot machine gaming.
1433     14.15.  Chapter 552, relating to the manufacture,
1434distribution, and use of explosives.
1435     15.16.  Chapter 560, relating to money transmitters, if the
1436violation is punishable as a felony.
1437     16.17.  Chapter 562, relating to beverage law enforcement.
1438     17.18.  Section 624.401, relating to transacting insurance
1439without a certificate of authority, s. 624.437(4)(c)1., relating
1440to operating an unauthorized multiple-employer welfare
1441arrangement, or s. 626.902(1)(b), relating to representing or
1442aiding an unauthorized insurer.
1443     18.19.  Section 655.50, relating to reports of currency
1444transactions, when such violation is punishable as a felony.
1445     19.20.  Chapter 687, relating to interest and usurious
1447     20.21.  Section 721.08, s. 721.09, or s. 721.13, relating
1448to real estate timeshare plans.
1449     21.22.  Section 775.13(5)(b), relating to registration of
1450persons found to have committed any offense for the purpose of
1451benefiting, promoting, or furthering the interests of a criminal
1453     22.23.  Section 777.03, relating to commission of crimes by
1454accessories after the fact.
1455     23.24.  Chapter 782, relating to homicide.
1456     24.25.  Chapter 784, relating to assault and battery.
1457     25.26.  Chapter 787, relating to kidnapping or human
1459     26.27.  Chapter 790, relating to weapons and firearms.
1460     27.28.  Chapter 794, relating to sexual battery, but only
1461if such crime was committed with the intent to benefit, promote,
1462or further the interests of a criminal gang, or for the purpose
1463of increasing a criminal gang member's own standing or position
1464within a criminal gang.
1465     28.29.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
1466s. 796.05, or s. 796.07, relating to prostitution and sex
1468     29.30.  Chapter 806, relating to arson and criminal
1470     30.31.  Chapter 810, relating to burglary and trespass.
1471     31.32.  Chapter 812, relating to theft, robbery, and
1472related crimes.
1473     32.33.  Chapter 815, relating to computer-related crimes.
1474     33.34.  Chapter 817, relating to fraudulent practices,
1475false pretenses, fraud generally, and credit card crimes.
1476     34.35.  Chapter 825, relating to abuse, neglect, or
1477exploitation of an elderly person or disabled adult.
1478     35.36.  Section 827.071, relating to commercial sexual
1479exploitation of children.
1480     36.37.  Chapter 831, relating to forgery and
1482     37.38.  Chapter 832, relating to issuance of worthless
1483checks and drafts.
1484     38.39.  Section 836.05, relating to extortion.
1485     39.40.  Chapter 837, relating to perjury.
1486     40.41.  Chapter 838, relating to bribery and misuse of
1487public office.
1488     41.42.  Chapter 843, relating to obstruction of justice.
1489     42.43.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1490or s. 847.07, relating to obscene literature and profanity.
1491     43.44.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1492s. 849.25, relating to gambling.
1493     44.45.  Chapter 874, relating to criminal gangs.
1494     45.46.  Chapter 893, relating to drug abuse prevention and
1496     46.47.  Chapter 896, relating to offenses related to
1497financial transactions.
1498     47.48.  Sections 914.22 and 914.23, relating to tampering
1499with or harassing a witness, victim, or informant, and
1500retaliation against a witness, victim, or informant.
1501     48.49.  Sections 918.12 and 918.13, relating to tampering
1502with jurors and evidence.
1503     Section 57.  Chapter 507, Florida Statutes, consisting of
1504sections 507.01, 507.02, 507.03, 507.04, 507.05, 507.06, 507.07,
1505507.08, 507.09, 507.10, 507.11, 507.12, and 507.13, is repealed.
1506     Section 58.  Section 205.1975, Florida Statutes, is
1508     Section 59.  Subsection (1) of section 509.242, Florida
1509Statutes, is amended to read:
1510     509.242  Public lodging establishments; classifications.-
1511     (1)  A public lodging establishment shall be classified as
1512a hotel, motel, resort condominium, nontransient apartment,
1513transient apartment, roominghouse, bed and breakfast inn, or
1514resort dwelling if the establishment satisfies the following
1516     (a)  Hotel.-A hotel is any public lodging establishment
1517containing sleeping room accommodations for 25 or more guests
1518and providing the services generally provided by a hotel and
1519recognized as a hotel in the community in which it is situated
1520or by the industry.
1521     (b)  Motel.-A motel is any public lodging establishment
1522which offers rental units with an exit to the outside of each
1523rental unit, daily or weekly rates, offstreet parking for each
1524unit, a central office on the property with specified hours of
1525operation, a bathroom or connecting bathroom for each rental
1526unit, and at least six rental units, and which is recognized as
1527a motel in the community in which it is situated or by the
1529     (c)  Resort condominium.-A resort condominium is any unit
1530or group of units in a condominium, cooperative, or timeshare
1531plan which is rented more than three times in a calendar year
1532for periods of less than 30 days or 1 calendar month, whichever
1533is less, or which is advertised or held out to the public as a
1534place regularly rented for periods of less than 30 days or 1
1535calendar month, whichever is less.
1536     (d)  Nontransient apartment or roominghouse.-A nontransient
1537apartment or roominghouse is a building or complex of buildings
1538in which 75 percent or more of the units are available for rent
1539to nontransient tenants.
1540     (e)  Transient apartment or roominghouse.-A transient
1541apartment or roominghouse is a building or complex of buildings
1542in which more than 25 percent of the units are advertised or
1543held out to the public as available for transient occupancy.
1544     (f)  Roominghouse.-A roominghouse is any public lodging
1545establishment that may not be classified as a hotel, motel,
1546resort condominium, nontransient apartment, bed and breakfast
1547inn, or transient apartment under this section. A roominghouse
1548includes, but is not limited to, a boardinghouse.
1549     (f)(g)  Resort dwelling.-A resort dwelling is any
1550individually or collectively owned one-family, two-family,
1551three-family, or four-family dwelling house or dwelling unit
1552which is rented more than three times in a calendar year for
1553periods of less than 30 days or 1 calendar month, whichever is
1554less, or which is advertised or held out to the public as a
1555place regularly rented for periods of less than 30 days or 1
1556calendar month, whichever is less.
1557     (g)(h)  Bed and breakfast inn.-A bed and breakfast inn is a
1558family home structure, with no more than 15 sleeping rooms,
1559which has been modified to serve as a transient public lodging
1560establishment, which provides the accommodation and meal
1561services generally offered by a bed and breakfast inn, and which
1562is recognized as a bed and breakfast inn in the community in
1563which it is situated or by the hospitality industry.
1564     Section 60.  Subsection (9) of section 509.221, Florida
1565Statutes, is amended to read:
1566     509.221  Sanitary regulations.-
1567     (9)  Subsections (2), (5), and (6) do not apply to any
1568facility or unit classified as a resort condominium,
1569nontransient apartment, or resort dwelling as described in s.
1570509.242(1)(c), (d), and (f)(g).
1571     Section 61.  Chapter 555, Florida Statutes, consisting of
1572sections 555.01, 555.02, 555.03, 555.04, 555.05, 555.07, and
1573555.08, is repealed.
1574     Section 62.  Part VIII of chapter 559, Florida Statutes,
1575consisting of sections 559.80, 559.801, 559.802, 559.803,
1576559.805, 559.807, 559.809, 559.811, 559.813, and 559.815, is
1578     Section 63.  Part IX of chapter 559, Florida Statutes,
1579consisting of sections 559.901, 559.902, 559.903, 559.904,
1580559.905, 559.907, 559.909, 559.911, 559.915, 559.916, 559.917,
1581559.919, 559.920, 559.921, 559.9215, 559.922, 559.92201, and
1582559.9221, is repealed.
1583     Section 64.  Paragraph (a) of subsection (9) of section
1584320.27, Florida Statutes, is amended to read:
1585     320.27  Motor vehicle dealers.-
1587     (a)  The department may deny, suspend, or revoke any
1588license issued hereunder or under the provisions of s. 320.77 or
1589s. 320.771 upon proof that an applicant or a licensee has:
1590     1.  Committed fraud or willful misrepresentation in
1591application for or in obtaining a license.
1592     2.  Been convicted of a felony.
1593     3.  Failed to honor a bank draft or check given to a motor
1594vehicle dealer for the purchase of a motor vehicle by another
1595motor vehicle dealer within 10 days after notification that the
1596bank draft or check has been dishonored. If the transaction is
1597disputed, the maker of the bank draft or check shall post a bond
1598in accordance with the provisions of s. 559.917, and no
1599proceeding for revocation or suspension shall be commenced until
1600the dispute is resolved.
1601     4.a.  Failed to provide payment within 10 business days to
1602the department for a check payable to the department that was
1603dishonored due to insufficient funds in the amount due plus any
1604statutorily authorized fee for uttering a worthless check. The
1605department shall notify an applicant or licensee when the
1606applicant or licensee makes payment to the department by a check
1607that is subsequently dishonored by the bank due to insufficient
1608funds. The applicant or licensee shall, within 10 business days
1609after receiving the notice, provide payment to the department in
1610the form of cash in the amount due plus any statutorily
1611authorized fee. If the applicant or licensee fails to make such
1612payment within 10 business days, the department may deny,
1613suspend, or revoke the applicant's or licensee's motor vehicle
1614dealer license.
1615     b.  Stopped payment on a check payable to the department,
1616issued a check payable to the department from an account that
1617has been closed, or charged back a credit card transaction to
1618the department. If an applicant or licensee commits any such
1619act, the department may deny, suspend, or revoke the applicant's
1620or licensee's motor vehicle dealer license.
1621     Section 65.  Paragraph (a) of subsection (1) of section
1622445.025, Florida Statutes, is amended to read:
1623     445.025  Other support services.-Support services shall be
1624provided, if resources permit, to assist participants in
1625complying with work activity requirements outlined in s.
1626445.024. If resources do not permit the provision of needed
1627support services, the regional workforce board may prioritize or
1628otherwise limit provision of support services. This section does
1629not constitute an entitlement to support services. Lack of
1630provision of support services may be considered as a factor in
1631determining whether good cause exists for failing to comply with
1632work activity requirements but does not automatically constitute
1633good cause for failing to comply with work activity
1634requirements, and does not affect any applicable time limit on
1635the receipt of temporary cash assistance or the provision of
1636services under chapter 414. Support services shall include, but
1637need not be limited to:
1638     (1)  TRANSPORTATION.-Transportation expenses may be
1639provided to any participant when the assistance is needed to
1640comply with work activity requirements or employment
1641requirements, including transportation to and from a child care
1642provider. Payment may be made in cash or tokens in advance or
1643through reimbursement paid against receipts or invoices.
1644Transportation services may include, but are not limited to,
1645cooperative arrangements with the following: public transit
1646providers; community transportation coordinators designated
1647under chapter 427; school districts; churches and community
1648centers; donated motor vehicle programs, van pools, and
1649ridesharing programs; small enterprise developments and
1650entrepreneurial programs that encourage participants to become
1651transportation providers; public and private transportation
1652partnerships; and other innovative strategies to expand
1653transportation options available to program participants.
1654     (a)  Regional workforce boards may provide payment for
1655vehicle operational and repair expenses, including repair
1656expenditures necessary to make a vehicle functional; vehicle
1657registration fees; driver's license fees; and liability
1658insurance for the vehicle for a period of up to 6 months.
1659Request for vehicle repairs must be accompanied by an estimate
1660of the cost prepared by a repair facility registered under s.
1662     Section 75.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.