Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1050
       
       
       
       
       
       
                                Ì514448<Î514448                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             03/10/2016 10:50 AM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (13) of section 326.004, Florida
    6  Statutes, is amended to read:
    7         326.004 Licensing.—
    8         (13) Each broker must maintain a principal place of
    9  business in this state and may establish branch offices in the
   10  state. A separate license must be maintained for each branch
   11  office. The division shall establish by rule a fee not to exceed
   12  $100 for each branch office license.
   13         Section 2. Subsection (3) of section 447.02, Florida
   14  Statutes, is amended to read:
   15         447.02 Definitions.—The following terms, when used in this
   16  chapter, shall have the meanings ascribed to them in this
   17  section:
   18         (3)The term “department” means the Department of Business
   19  and Professional Regulation.
   20         Section 3. Section 447.04, Florida Statutes, is repealed.
   21         Section 4. Section 447.041, Florida Statutes, is repealed.
   22         Section 5. Section 447.045, Florida Statutes, is repealed.
   23         Section 6. Section 447.06, Florida Statutes, is repealed.
   24         Section 7. Subsections (6) and (8) of section 447.09,
   25  Florida Statutes, are amended to read:
   26         447.09 Right of franchise preserved; penalties.—It shall be
   27  unlawful for any person:
   28         (6)To act as a business agent without having obtained and
   29  possessing a valid and subsisting license or permit.
   30         (8)To make any false statement in an application for a
   31  license.
   32         Section 8. Section 447.12, Florida Statutes, is repealed.
   33         Section 9. Section 447.16, Florida Statutes, is repealed.
   34         Section 10. Section 468.401, Florida Statutes, is reordered
   35  and amended to read:
   36         468.401 Regulation of Talent agencies; definitions.—As used
   37  in this part, the term or any rule adopted pursuant hereto:
   38         (8)(1) “Talent agency” means any person who, for
   39  compensation, engages in the occupation or business of procuring
   40  or attempting to procure engagements for an artist.
   41         (6)(2) “Owner” means any partner in a partnership, member
   42  of a firm, or principal officer or officers of a corporation,
   43  whose partnership, firm, or corporation owns a talent agency, or
   44  any individual who is the sole owner of a talent agency.
   45         (3) “Compensation” means any one or more of the following:
   46         (a) Any money or other valuable consideration paid or
   47  promised to be paid for services rendered by any person
   48  conducting the business of a talent agency under this part;
   49         (b) Any money received by any person in excess of that
   50  which has been paid out by such person for transportation,
   51  transfer of baggage, or board and lodging for any applicant for
   52  employment; or
   53         (c) The difference between the amount of money received by
   54  any person who furnishes employees, performers, or entertainers
   55  for circus, vaudeville, theatrical, or other entertainments,
   56  exhibitions, engagements, or performances and the amount paid by
   57  him or her to such employee, performer, or entertainer.
   58         (4) “Engagement” means any employment or placement of an
   59  artist, where the artist performs in his or her artistic
   60  capacity. However, the term “engagement” shall not apply to
   61  procuring opera, music, theater, or dance engagements for any
   62  organization defined in s. 501(c)(3) of the Internal Revenue
   63  Code or any nonprofit Florida arts organization that has
   64  received a grant from the Division of Cultural Affairs of the
   65  Department of State or has participated in the state touring
   66  program of the Division of Cultural Affairs.
   67         (5)“Department” means the Department of Business and
   68  Professional Regulation.
   69         (5)(6) “Operator” means the person who is or who will be in
   70  actual charge of a talent agency.
   71         (2)(7) “Buyer” or “employer” means a person, company,
   72  partnership, or corporation that uses the services of a talent
   73  agency to provide artists.
   74         (1)(8) “Artist” means a person performing on the
   75  professional stage or in the production of television, radio, or
   76  motion pictures; a musician or group of musicians; or a model.
   77         (7)(9) “Person” means any individual, company, society,
   78  firm, partnership, association, corporation, manager, or any
   79  agent or employee of any of the foregoing.
   80         (10)“License” means a license issued by the Department of
   81  Business and Professional Regulation to carry on the business of
   82  a talent agency under this part.
   83         (11)“Licensee” means a talent agency which holds a valid
   84  unrevoked and unforfeited license issued under this part.
   85         Section 11. Section 468.402, Florida Statutes, is repealed.
   86         Section 12. Section 468.403, Florida Statutes, is repealed.
   87         Section 13. Section 468.404, Florida Statutes, is repealed.
   88         Section 14. Section 468.405, Florida Statutes, is repealed.
   89         Section 15. Subsection (1) of section 468.406, Florida
   90  Statutes, is amended to read:
   91         468.406 Fees to be charged by talent agencies; rates;
   92  display.—
   93         (1) Each owner or operator of a talent agency shall post
   94  applicant for a license shall file with the application an
   95  itemized schedule of maximum fees, charges, and commissions that
   96  which it intends to charge and collect for its services. This
   97  schedule may thereafter be raised only by filing with the
   98  department an amended or supplemental schedule at least 30 days
   99  before the change is to become effective. The schedule shall be
  100  posted in a conspicuous place in each place of business of the
  101  agency, and the schedule shall be printed in not less than a 30
  102  point boldfaced type, except that an agency that uses written
  103  contracts containing maximum fee schedules need not post such
  104  schedules.
  105         Section 16. Section 468.407, Florida Statutes, is repealed.
  106         Section 17. Subsection (1) of section 468.408, Florida
  107  Statutes, is amended to read:
  108         468.408 Bond required.—
  109         (1) A There shall be filed with the department for each
  110  talent agency shall obtain license a bond in the form of a
  111  surety by a reputable company engaged in the bonding business
  112  and authorized to do business in this state. The bond shall be
  113  for the penal sum of $5,000, with one or more sureties to be
  114  approved by the department, and be conditioned that the talent
  115  agency applicant conform to and not violate any of the duties,
  116  terms, conditions, provisions, or requirements of this part.
  117         (a) If any person is aggrieved by the misconduct of any
  118  talent agency, the person may maintain an action in his or her
  119  own name upon the bond of the agency in any court having
  120  jurisdiction of the amount claimed. All such claims shall be
  121  assignable, and the assignee shall be entitled to the same
  122  remedies, upon the bond of the agency or otherwise, as the
  123  person aggrieved would have been entitled to if such claim had
  124  not been assigned. Any claim or claims so assigned may be
  125  enforced in the name of such assignee.
  126         (b) The bonding company shall notify the talent agency
  127  department of any claim against such bond, and a copy of such
  128  notice shall be sent to the talent agency against which the
  129  claim is made.
  130         Section 18. Section 468.409, Florida Statutes, is amended
  131  to read:
  132         468.409 Records required to be kept.—Each talent agency
  133  shall keep on file the application, registration, or contract of
  134  each artist. In addition, such file must include the name and
  135  address of each artist, the amount of the compensation received,
  136  and all attempts to procure engagements for the artist. No such
  137  agency or employee thereof shall knowingly make any false entry
  138  in applicant files or receipt files. Each card or document in
  139  such files shall be preserved for a period of 1 year after the
  140  date of the last entry thereon. Records required under this
  141  section shall be readily available for inspection by the
  142  department during reasonable business hours at the talent
  143  agency’s principal office. A talent agency must provide the
  144  department with true copies of the records in the manner
  145  prescribed by the department.
  146         Section 19. Subsection (3) of section 468.410, Florida
  147  Statutes, is amended to read:
  148         468.410 Prohibition against registration fees; referral.—
  149         (3) A talent agency shall give each applicant a copy of a
  150  contract, within 24 hours after the contract’s execution, which
  151  lists the services to be provided and the fees to be charged.
  152  The contract shall state that the talent agency is regulated by
  153  the department and shall list the address and telephone number
  154  of the department.
  155         Section 20. Section 468.412, Florida Statutes, is amended
  156  to read:
  157         468.412 Talent agency regulations; prohibited acts.—
  158         (1) A talent agency shall maintain a record sheet for each
  159  booking. This shall be the only required record of placement and
  160  shall be kept for a period of 1 year after the date of the last
  161  entry in the buyer’s file.
  162         (2) Each talent agency shall keep records in which shall be
  163  entered:
  164         (a) The name and address of each artist employing such
  165  talent agency;
  166         (b) The amount of fees received from each such artist; and
  167         (c) The employment in which each such artist is engaged at
  168  the time of employing such talent agency and the amount of
  169  compensation of the artist in such employment, if any, and the
  170  employments subsequently secured by such artist during the term
  171  of the contract between the artist and the talent agency and the
  172  amount of compensation received by the artist pursuant thereto.;
  173  and
  174         (d)Other information which the department may require from
  175  time to time.
  176         (3)All books, records, and other papers kept pursuant to
  177  this act by any talent agency shall be open at all reasonable
  178  hours to the inspection of the department and its agents. Each
  179  talent agency shall furnish to the department, upon request, a
  180  true copy of such books, records, and papers, or any portion
  181  thereof, and shall make such reports as the department may
  182  prescribe from time to time.
  183         (3)(4) Each talent agency shall post in a conspicuous place
  184  in the office of such talent agency a printed copy of this part
  185  and of the rules adopted under this part. Such copies shall also
  186  contain the name and address of the officer charged with
  187  enforcing this part. The department shall furnish to talent
  188  agencies printed copies of any statute or rule required to be
  189  posted under this subsection.
  190         (4)(a)(5)(a) No talent agency may knowingly issue a
  191  contract for employment containing any term or condition which,
  192  if complied with, would be in violation of law, or attempt to
  193  fill an order for help to be employed in violation of law.
  194         (b) A talent agency must advise an artist, in writing, that
  195  the artist has a right to rescind a contract for employment
  196  within the first 3 business days after the contract’s execution.
  197  Any engagement procured by the talent agency for the artist
  198  during the first 3 business days of the contract remains
  199  commissionable to the talent agency.
  200         (5)(6) No talent agency may publish or cause to be
  201  published any false, fraudulent, or misleading information,
  202  representation, notice, or advertisement. All advertisements of
  203  a talent agency by means of card, circulars, or signs, and in
  204  newspapers and other publications, and all letterheads,
  205  receipts, and blanks shall be printed and contain the licensed
  206  name, department license number, and address of the talent
  207  agency and the words “talent agency.” No talent agency may give
  208  any false information or make any false promises or
  209  representations concerning an engagement or employment to any
  210  applicant who applies for an engagement or employment.
  211         (6)(7) No talent agency may send or cause to be sent any
  212  person as an employee to any house of ill fame, to any house or
  213  place of amusement for immoral purposes, to any place resorted
  214  to for the purposes of prostitution, to any place for the
  215  modeling or photographing of a minor in the nude in the absence
  216  of written permission from the minor’s parents or legal
  217  guardians, the character of which places the talent agency could
  218  have ascertained upon reasonable inquiry.
  219         (7)(8) No talent agency, without the written consent of the
  220  artist, may divide fees with anyone, including, but not limited
  221  to, an agent or other employee of an employer, a buyer, a
  222  casting director, a producer, a director, or any venue that uses
  223  entertainment. For purposes of this subsection, to “divide fees”
  224  includes the sharing among two or more persons of those fees
  225  charged to an artist for services performed on behalf of that
  226  artist, the total amount of which fees exceeds the amount that
  227  would have been charged to the artist by the talent agency
  228  alone.
  229         (8)(9) If a talent agency collects from an artist a fee or
  230  expenses for obtaining employment for the artist, and the artist
  231  fails to procure such employment, or the artist fails to be paid
  232  for such employment if procured, such talent agency shall, upon
  233  demand therefor, repay to the artist the fee and expenses so
  234  collected. Unless repayment thereof is made within 48 hours
  235  after demand therefor, the talent agency shall pay to the artist
  236  an additional sum equal to the amount of the fee.
  237         (9)(10) Each talent agency must maintain a permanent office
  238  and must maintain regular operating hours at that office.
  239         (10)(11) A talent agency may assign an engagement contract
  240  to another talent agency licensed in this state only if the
  241  artist agrees in writing to the assignment. The assignment must
  242  occur, and written notice of the assignment must be given to the
  243  artist, within 30 days after the artist agrees in writing to the
  244  assignment.
  245         Section 21. Section 468.413, Florida Statutes, is amended
  246  to read:
  247         468.413 Legal requirements; penalties.—
  248         (1)Each of the following acts constitutes a felony of the
  249  third degree, punishable as provided in s. 775.082, s. 775.083,
  250  or s. 775.084:
  251         (a)Owning or operating, or soliciting business as, a
  252  talent agency in this state without first procuring a license
  253  from the department.
  254         (b)Obtaining or attempting to obtain a license by means of
  255  fraud, misrepresentation, or concealment.
  256         (1)(2) Each of the following acts constitutes a misdemeanor
  257  of the second degree, punishable as provided in s. 775.082 or s.
  258  775.083:
  259         (a)Relocating a business as a talent agency, or operating
  260  under any name other than that designated on the license, unless
  261  written notification is given to the department and to the
  262  surety or sureties on the original bond, and unless the license
  263  is returned to the department for the recording thereon of such
  264  changes.
  265         (b)Assigning or attempting to assign a license issued
  266  under this part.
  267         (c)Failing to show on a license application whether or not
  268  the agency or any owner of the agency is financially interested
  269  in any other business of like nature and, if so, failing to
  270  specify such interest or interests.
  271         (a)(d) Failing to maintain the records required by s.
  272  468.409 or knowingly making false entries in such records.
  273         (b)(e) Requiring as a condition to registering or obtaining
  274  employment or placement for any applicant that the applicant
  275  subscribe to, purchase, or attend any publication, postcard
  276  service, advertisement, resume service, photography service,
  277  school, acting school, workshop, or acting workshop.
  278         (c)(f) Failing to give each applicant a copy of a contract
  279  which lists the services to be provided and the fees to be
  280  charged by, which states that the talent agency is regulated by
  281  the department, and which lists the address and telephone number
  282  of the department.
  283         (d)(g) Failing to maintain a record sheet as required by s.
  284  468.412(1).
  285         (e)(h) Knowingly sending or causing to be sent any artist
  286  to a prospective employer or place of business, the character or
  287  operation of which employer or place of business the talent
  288  agency knows to be in violation of the laws of the United States
  289  or of this state.
  290         (3)The court may, in addition to other punishment provided
  291  for in subsection (2), suspend or revoke the license of any
  292  licensee under this part who has been found guilty of any
  293  misdemeanor listed in subsection (2).
  294         (2)(4) In the event that the department or any state
  295  attorney shall have probable cause to believe that a talent
  296  agency or other person has violated any provision of subsection
  297  (1), an action may be brought by the department or any state
  298  attorney to enjoin such talent agency or any person from
  299  continuing such violation, or engaging therein or doing any acts
  300  in furtherance thereof, and for such other relief as to the
  301  court seems appropriate. In addition to this remedy, the
  302  department may assess a penalty against any talent agency or any
  303  person in an amount not to exceed $5,000.
  304         Section 22. Section 468.414, Florida Statutes, is repealed.
  305         Section 23. Section 468.415, Florida Statutes, is amended
  306  to read:
  307         468.415 Sexual misconduct in the operation of a talent
  308  agency.—The talent agent-artist relationship is founded on
  309  mutual trust. Sexual misconduct in the operation of a talent
  310  agency means violation of the talent agent-artist relationship
  311  through which the talent agent uses the relationship to induce
  312  or attempt to induce the artist to engage or attempt to engage
  313  in sexual activity. Sexual misconduct is prohibited in the
  314  operation of a talent agency. If Any agent, owner, or operator
  315  of a licensed talent agency who commits is found to have
  316  committed sexual misconduct in the operation of a talent agency,
  317  the agency license shall be permanently revoked. Such agent,
  318  owner, or operator shall be permanently prohibited from acting
  319  disqualified from present and future licensure as an agent,
  320  owner, or operator of a Florida talent agency.
  321         Section 24. Paragraphs (a) and (e) of subsection (2),
  322  subsection (3), paragraph (b) of subsection (4), and subsection
  323  (6) of section 469.006, Florida Statutes, are amended to read:
  324         469.006 Licensure of business organizations; qualifying
  325  agents.—
  326         (2)(a) If the applicant proposes to engage in consulting or
  327  contracting as a partnership, corporation, business trust, or
  328  other legal entity, or in any name other than the applicant’s
  329  legal name, the legal entity must apply for licensure through a
  330  qualifying agent or the individual applicant must apply for
  331  licensure under the fictitious name of the business
  332  organization.
  333         (e) A The license, when issued upon application of a
  334  business organization, must be in the name of the qualifying
  335  agent business organization, and the name of the business
  336  organization qualifying agent must be noted on the license
  337  thereon. If there is a change in any information that is
  338  required to be stated on the application, the qualifying agent
  339  business organization shall, within 45 days after such change
  340  occurs, mail the correct information to the department.
  341         (3) The qualifying agent must shall be licensed under this
  342  chapter in order for the business organization to be qualified
  343  licensed in the category of the business conducted for which the
  344  qualifying agent is licensed. If any qualifying agent ceases to
  345  be affiliated with such business organization, the agent shall
  346  so inform the department. In addition, if such qualifying agent
  347  is the only licensed individual affiliated with the business
  348  organization, the business organization shall notify the
  349  department of the termination of the qualifying agent and has
  350  shall have 60 days after from the date of termination of the
  351  qualifying agent’s affiliation with the business organization in
  352  which to employ another qualifying agent. The business
  353  organization may not engage in consulting or contracting until a
  354  qualifying agent is employed, unless the department has granted
  355  a temporary nonrenewable license to the financially responsible
  356  officer, the president, the sole proprietor, a partner, or, in
  357  the case of a limited partnership, the general partner, who
  358  assumes all responsibilities of a primary qualifying agent for
  359  the entity. This temporary license only allows shall only allow
  360  the entity to proceed with incomplete contracts.
  361         (4)
  362         (b) Upon a favorable determination by the department, after
  363  investigation of the financial responsibility, credit, and
  364  business reputation of the qualifying agent and the new business
  365  organization, the department shall issue, without any
  366  examination, a new license in the qualifying agent’s business
  367  organization’s name, and the name of the business organization
  368  qualifying agent shall be noted thereon.
  369         (6) Each qualifying agent shall pay the department an
  370  amount equal to the original fee for licensure of a new business
  371  organization. if the qualifying agent for a business
  372  organization desires to qualify additional business
  373  organizations., The department shall require the agent to
  374  present evidence of supervisory ability and financial
  375  responsibility of each such organization. Allowing a licensee to
  376  qualify more than one business organization must shall be
  377  conditioned upon the licensee showing that the licensee has both
  378  the capacity and intent to adequately supervise each business
  379  organization. The department may shall not limit the number of
  380  business organizations that which the licensee may qualify
  381  except upon the licensee’s failure to provide such information
  382  as is required under this subsection or upon a finding that the
  383  such information or evidence as is supplied is incomplete or
  384  unpersuasive in showing the licensee’s capacity and intent to
  385  comply with the requirements of this subsection. A qualification
  386  for an additional business organization may be revoked or
  387  suspended upon a finding by the department that the licensee has
  388  failed in the licensee’s responsibility to adequately supervise
  389  the operations of the business organization. Failure to
  390  adequately supervise the operations of a business organization
  391  is shall be grounds for denial to qualify additional business
  392  organizations.
  393         Section 25. Subsection (1) of section 469.009, Florida
  394  Statutes, is amended to read:
  395         469.009 License revocation, suspension, and denial of
  396  issuance or renewal.—
  397         (1) The department may revoke, suspend, or deny the
  398  issuance or renewal of a license; reprimand, censure, or place
  399  on probation any contractor, consultant, or financially
  400  responsible officer, or business organization; require financial
  401  restitution to a consumer; impose an administrative fine not to
  402  exceed $5,000 per violation; require continuing education; or
  403  assess costs associated with any investigation and prosecution
  404  if the contractor or consultant, or business organization or
  405  officer or agent thereof, is found guilty of any of the
  406  following acts:
  407         (a) Willfully or deliberately disregarding or violating the
  408  health and safety standards of the Occupational Safety and
  409  Health Act of 1970, the Construction Safety Act, the National
  410  Emission Standards for Asbestos, the Environmental Protection
  411  Agency Asbestos Abatement Projects Worker Protection Rule, the
  412  Florida Statutes or rules promulgated thereunder, or any
  413  ordinance enacted by a political subdivision of this state.
  414         (b) Violating any provision of chapter 455.
  415         (c) Failing in any material respect to comply with the
  416  provisions of this chapter or any rule promulgated hereunder.
  417         (d) Acting in the capacity of an asbestos contractor or
  418  asbestos consultant under any license issued under this chapter
  419  except in the name of the licensee as set forth on the issued
  420  license.
  421         (e) Proceeding on any job without obtaining all applicable
  422  approvals, authorizations, permits, and inspections.
  423         (f) Obtaining a license by fraud or misrepresentation.
  424         (g) Being convicted or found guilty of, or entering a plea
  425  of nolo contendere to, regardless of adjudication, a crime in
  426  any jurisdiction which directly relates to the practice of
  427  asbestos consulting or contracting or the ability to practice
  428  asbestos consulting or contracting.
  429         (h) Knowingly violating any building code, lifesafety code,
  430  or county or municipal ordinance relating to the practice of
  431  asbestos consulting or contracting.
  432         (i) Performing any act which assists a person or entity in
  433  engaging in the prohibited unlicensed practice of asbestos
  434  consulting or contracting, if the licensee knows or has
  435  reasonable grounds to know that the person or entity was
  436  unlicensed.
  437         (j) Committing mismanagement or misconduct in the practice
  438  of contracting that causes financial harm to a customer.
  439  Financial mismanagement or misconduct occurs when:
  440         1. Valid liens have been recorded against the property of a
  441  contractor’s customer for supplies or services ordered by the
  442  contractor for the customer’s job; the contractor has received
  443  funds from the customer to pay for the supplies or services; and
  444  the contractor has not had the liens removed from the property,
  445  by payment or by bond, within 75 days after the date of such
  446  liens;
  447         2. The contractor has abandoned a customer’s job and the
  448  percentage of completion is less than the percentage of the
  449  total contract price paid to the contractor as of the time of
  450  abandonment, unless the contractor is entitled to retain such
  451  funds under the terms of the contract or refunds the excess
  452  funds within 30 days after the date the job is abandoned; or
  453         3. The contractor’s job has been completed, and it is shown
  454  that the customer has had to pay more for the contracted job
  455  than the original contract price, as adjusted for subsequent
  456  change orders, unless such increase in cost was the result of
  457  circumstances beyond the control of the contractor, was the
  458  result of circumstances caused by the customer, or was otherwise
  459  permitted by the terms of the contract between the contractor
  460  and the customer.
  461         (k) Being disciplined by any municipality or county for an
  462  act or violation of this chapter.
  463         (l) Failing in any material respect to comply with the
  464  provisions of this chapter, or violating a rule or lawful order
  465  of the department.
  466         (m) Abandoning an asbestos abatement project in which the
  467  asbestos contractor is engaged or under contract as a
  468  contractor. A project may be presumed abandoned after 20 days if
  469  the contractor terminates the project without just cause and
  470  without proper notification to the owner, including the reason
  471  for termination; if the contractor fails to reasonably secure
  472  the project to safeguard the public while work is stopped; or if
  473  the contractor fails to perform work without just cause for 20
  474  days.
  475         (n) Signing a statement with respect to a project or
  476  contract falsely indicating that the work is bonded; falsely
  477  indicating that payment has been made for all subcontracted
  478  work, labor, and materials which results in a financial loss to
  479  the owner, purchaser, or contractor; or falsely indicating that
  480  workers’ compensation and public liability insurance are
  481  provided.
  482         (o) Committing fraud or deceit in the practice of asbestos
  483  consulting or contracting.
  484         (p) Committing incompetency or misconduct in the practice
  485  of asbestos consulting or contracting.
  486         (q) Committing gross negligence, repeated negligence, or
  487  negligence resulting in a significant danger to life or property
  488  in the practice of asbestos consulting or contracting.
  489         (r) Intimidating, threatening, coercing, or otherwise
  490  discouraging the service of a notice to owner under part I of
  491  chapter 713 or a notice to contractor under chapter 255 or part
  492  I of chapter 713.
  493         (s) Failing to satisfy, within a reasonable time, the terms
  494  of a civil judgment obtained against the licensee, or the
  495  business organization qualified by the licensee, relating to the
  496  practice of the licensee’s profession.
  497  
  498  For the purposes of this subsection, construction is considered
  499  to be commenced when the contract is executed and the contractor
  500  has accepted funds from the customer or lender.
  501         Section 26. Subsection (7) is added to section 477.0135,
  502  Florida Statutes, to read:
  503         477.0135 Exemptions.—
  504         (7)A license or registration is not required for a person
  505  whose occupation or practice is confined solely to applying
  506  polish to fingernails and toenails.
  507         Section 27. Subsection (5) of section 481.203, Florida
  508  Statutes, is amended to read:
  509         481.203 Definitions.—As used in this part:
  510         (5) “Business organization” means a partnership, a limited
  511  liability company, a corporation, or an individual operating
  512  under a fictitious name “Certificate of authorization” means a
  513  certificate issued by the department to a corporation or
  514  partnership to practice architecture or interior design.
  515         Section 28. Section 481.219, Florida Statutes, is amended
  516  to read:
  517         481.219 Business organization; qualifying agents
  518  Certification of partnerships, limited liability companies, and
  519  corporations.—
  520         (1) A licensee may The practice of or the offer to practice
  521  architecture or interior design by licensees through a business
  522  organization that offers corporation, limited liability company,
  523  or partnership offering architectural or interior design
  524  services to the public, or through by a business organization
  525  that offers corporation, limited liability company, or
  526  partnership offering architectural or interior design services
  527  to the public through such licensees under this part as agents,
  528  employees, officers, or partners, is permitted, subject to the
  529  provisions of this section.
  530         (2) If a licensee or an applicant proposes to engage in the
  531  practice of architecture or interior design as a business
  532  organization, the licensee or applicant must apply to qualify
  533  the business organization For the purposes of this section, a
  534  certificate of authorization shall be required for a
  535  corporation, limited liability company, partnership, or person
  536  practicing under a fictitious name, offering architectural
  537  services to the public jointly or separately. However, when an
  538  individual is practicing architecture in her or his own name,
  539  she or he shall not be required to be certified under this
  540  section. Certification under this subsection to offer
  541  architectural services shall include all the rights and
  542  privileges of certification under subsection (3) to offer
  543  interior design services.
  544         (a)An application to qualify a business organization must:
  545         1.If the business is a partnership, state the names of the
  546  partnership and its partners.
  547         2.If the business is a corporation, state the names of the
  548  corporation and its officers and directors and the name of each
  549  of its stockholders who is also an officer or a director.
  550         3.If the business is operating under a fictitious name,
  551  state the fictitious name under which it is doing business.
  552         4.If the business is not a partnership, a corporation, or
  553  operating under a fictitious name, state the name of such other
  554  legal entity and its members.
  555         (b)The board may deny an application to qualify a business
  556  organization if the applicant or any person required to be named
  557  pursuant to paragraph (a) has been involved in past disciplinary
  558  actions or on any grounds for which an individual registration
  559  or certification may be denied.
  560         (3)(a)A business organization may not engage in the
  561  practice of architecture unless its qualifying agent is a
  562  registered architect under this part. A business organization
  563  may not engage in the practice of interior design unless its
  564  qualifying agent is a registered architect or a registered
  565  interior designer under this part. A qualifying agent who
  566  terminates her or his affiliation with a business organization
  567  shall immediately notify the department of such termination. If
  568  the qualifying agent who terminates her or his affiliation is
  569  the only qualifying agent for a business organization, the
  570  business organization must be qualified by another qualifying
  571  agent within 60 days after the termination. Except as provided
  572  in paragraph (b), such a business organization may not engage in
  573  the practice of architecture or interior design until it is
  574  qualified by a qualifying agent.
  575         (b)In the event a qualifying architect or interior
  576  designer ceases employment with the business organization, the
  577  executive director or the chair of the board may authorize
  578  another registered architect or interior designer employed by
  579  the business organization to temporarily serve as its qualifying
  580  agent for no more than 60 days. The business organization is not
  581  authorized to operate beyond such period under this chapter
  582  absent replacement of the qualifying architect or interior
  583  designer who has ceased employment.
  584         (c)A qualifying agent shall notify the department in
  585  writing before engaging in the practice of architecture or
  586  interior design in her or his own name or in affiliation with a
  587  different business organization, and she or he or such business
  588  organization shall supply the same information to the department
  589  as required of applicants under this part For the purposes of
  590  this section, a certificate of authorization shall be required
  591  for a corporation, limited liability company, partnership, or
  592  person operating under a fictitious name, offering interior
  593  design services to the public jointly or separately. However,
  594  when an individual is practicing interior design in her or his
  595  own name, she or he shall not be required to be certified under
  596  this section.
  597         (4) All final construction documents and instruments of
  598  service which include drawings, specifications, plans, reports,
  599  or other papers or documents that involve involving the practice
  600  of architecture which are prepared or approved for the use of
  601  the business organization corporation, limited liability
  602  company, or partnership and filed for public record within the
  603  state must shall bear the signature and seal of the licensee who
  604  prepared or approved them and the date on which they were
  605  sealed.
  606         (5) All drawings, specifications, plans, reports, or other
  607  papers or documents prepared or approved for the use of the
  608  business organization corporation, limited liability company, or
  609  partnership by an interior designer in her or his professional
  610  capacity and filed for public record within the state must shall
  611  bear the signature and seal of the licensee who prepared or
  612  approved them and the date on which they were sealed.
  613         (6)The department shall issue a certificate of
  614  authorization to any applicant who the board certifies as
  615  qualified for a certificate of authorization and who has paid
  616  the fee set in s. 481.207.
  617         (6)(7) The board shall allow certify an applicant to
  618  qualify one or more business organizations as qualified for a
  619  certificate of authorization to offer architectural or interior
  620  design services, or to use a fictitious name to offer such
  621  services, if one of the following criteria is met provided that:
  622         (a) One or more of the principal officers of the
  623  corporation or limited liability company, or one or more
  624  partners of the partnership, and all personnel of the
  625  corporation, limited liability company, or partnership who act
  626  in its behalf in this state as architects, are registered as
  627  provided by this part.; or
  628         (b) One or more of the principal officers of the
  629  corporation or one or more partners of the partnership, and all
  630  personnel of the corporation, limited liability company, or
  631  partnership who act in its behalf in this state as interior
  632  designers, are registered as provided by this part.
  633         (8)The department shall adopt rules establishing a
  634  procedure for the biennial renewal of certificates of
  635  authorization.
  636         (9)The department shall renew a certificate of
  637  authorization upon receipt of the renewal application and
  638  biennial renewal fee.
  639         (7)(10) Each qualifying agent approved to qualify a
  640  business organization partnership, limited liability company,
  641  and corporation certified under this section shall notify the
  642  department within 30 days after of any change in the information
  643  contained in the application upon which the qualification
  644  certification is based. Any registered architect or interior
  645  designer who qualifies the business organization shall ensure
  646  corporation, limited liability company, or partnership as
  647  provided in subsection (7) shall be responsible for ensuring
  648  responsible supervising control of projects of the business
  649  organization entity and shall notify the department of the upon
  650  termination of her or his employment with a business
  651  organization qualified partnership, limited liability company,
  652  or corporation certified under this section shall notify the
  653  department of the termination within 30 days after such
  654  termination.
  655         (8)(11)A business organization is not No corporation,
  656  limited liability company, or partnership shall be relieved of
  657  responsibility for the conduct or acts of its agents, employees,
  658  or officers by reason of its compliance with this section.
  659  However, except as provided in s. 558.0035, the architect who
  660  signs and seals the construction documents and instruments of
  661  service is shall be liable for the professional services
  662  performed, and the interior designer who signs and seals the
  663  interior design drawings, plans, or specifications is shall be
  664  liable for the professional services performed.
  665         (12)Disciplinary action against a corporation, limited
  666  liability company, or partnership shall be administered in the
  667  same manner and on the same grounds as disciplinary action
  668  against a registered architect or interior designer,
  669  respectively.
  670         (9)(13)Nothing in This section may not shall be construed
  671  to mean that a certificate of registration to practice
  672  architecture or interior design must shall be held by a business
  673  organization corporation, limited liability company, or
  674  partnership. Nothing in This section does not prohibit a
  675  business organization from offering prohibits corporations,
  676  limited liability companies, and partnerships from joining
  677  together to offer architectural, engineering, interior design,
  678  surveying and mapping, and landscape architectural services, or
  679  any combination of such services, to the public if the business
  680  organization, provided that each corporation, limited liability
  681  company, or partnership otherwise meets the requirements of law.
  682         (10)(14)A business organization that is qualified by a
  683  registered architect may Corporations, limited liability
  684  companies, or partnerships holding a valid certificate of
  685  authorization to practice architecture shall be permitted to use
  686  in their title the term “interior designer” or “registered
  687  interior designer.in its title.
  688         Section 29. Section 481.221, Florida Statutes, is amended
  689  to read:
  690         481.221 Seals; display of license certificate number.—
  691         (1) The board shall prescribe, by rule, one or more forms
  692  of seals to be used by registered architects holding valid
  693  certificates of registration.
  694         (2) Each registered architect shall obtain one seal in a
  695  form approved by rule of the board and may, in addition,
  696  register her or his seal electronically in accordance with ss.
  697  668.001-668.006. All final construction documents and
  698  instruments of service which include drawings, plans,
  699  specifications, or reports prepared or issued by the registered
  700  architect and being filed for public record shall bear the
  701  signature and seal of the registered architect who prepared or
  702  approved the document and the date on which they were sealed.
  703  The signature, date, and seal shall be evidence of the
  704  authenticity of that to which they are affixed. Final plans,
  705  specifications, or reports prepared or issued by a registered
  706  architect may be transmitted electronically and may be signed by
  707  the registered architect, dated, and sealed electronically with
  708  the seal in accordance with ss. 668.001-668.006.
  709         (3) The board shall adopt a rule prescribing the distinctly
  710  different seals to be used by registered interior designers
  711  holding valid certificates of registration. Each registered
  712  interior designer shall obtain a seal as prescribed by the
  713  board, and all drawings, plans, specifications, or reports
  714  prepared or issued by the registered interior designer and being
  715  filed for public record shall bear the signature and seal of the
  716  registered interior designer who prepared or approved the
  717  document and the date on which they were sealed. The signature,
  718  date, and seal shall be evidence of the authenticity of that to
  719  which they are affixed. Final plans, specifications, or reports
  720  prepared or issued by a registered interior designer may be
  721  transmitted electronically and may be signed by the registered
  722  interior designer, dated, and sealed electronically with the
  723  seal in accordance with ss. 668.001-668.006.
  724         (4) No registered architect shall affix, or permit to be
  725  affixed, her or his seal or signature to any final construction
  726  document or instrument of service which includes any plan,
  727  specification, drawing, or other document which depicts work
  728  which she or he is not competent to perform.
  729         (5) No registered interior designer shall affix, or permit
  730  to be affixed, her or his seal or signature to any plan,
  731  specification, drawing, or other document which depicts work
  732  which she or he is not competent or licensed to perform.
  733         (6) No registered architect shall affix her or his
  734  signature or seal to any final construction document or
  735  instrument of service which includes drawings, plans,
  736  specifications, or architectural documents which were not
  737  prepared by her or him or under her or his responsible
  738  supervising control or by another registered architect and
  739  reviewed, approved, or modified and adopted by her or him as her
  740  or his own work according to rules adopted by the board.
  741         (7) No registered interior designer shall affix her or his
  742  signature or seal to any plans, specifications, or other
  743  documents which were not prepared by her or him or under her or
  744  his responsible supervising control or by another registered
  745  interior designer and reviewed, approved, or modified and
  746  adopted by her or him as her or his own work according to rules
  747  adopted by the board.
  748         (8) Final construction documents or instruments of service
  749  which include plans, drawings, specifications, or other
  750  architectural documents prepared by a registered architect as
  751  part of her or his architectural practice shall be of a
  752  sufficiently high standard to clearly and accurately indicate or
  753  illustrate all essential parts of the work to which they refer.
  754         (9) Studies, drawings, specifications, and other related
  755  documents prepared by a registered interior designer in
  756  providing interior design services shall be of a sufficiently
  757  high standard to clearly and accurately indicate all essential
  758  parts of the work to which they refer.
  759         (10) Each registered architect or interior designer must,
  760  and each corporation, limited liability company, or partnership
  761  holding a certificate of authorization, shall include her or his
  762  license its certificate number in any newspaper, telephone
  763  directory, or other advertising medium used by the registered
  764  licensee architect, interior designer, corporation, limited
  765  liability company, or partnership. Each business organization
  766  must include the license number of the registered architect or
  767  interior designer who serves as the qualifying agent for that
  768  business organization in any newspaper, telephone directory, or
  769  other advertising medium used by the business organization but
  770  is not required to display the license numbers of other
  771  registered architects or interior designers employed by the
  772  business organization A corporation, limited liability company,
  773  or partnership is not required to display the certificate number
  774  of individual registered architects or interior designers
  775  employed by or working within the corporation, limited liability
  776  company, or partnership.
  777         (11) When the certificate of registration of a registered
  778  architect or interior designer has been revoked or suspended by
  779  the board, the registered architect or interior designer shall
  780  surrender her or his seal to the secretary of the board within a
  781  period of 30 days after the revocation or suspension has become
  782  effective. If the certificate of the registered architect or
  783  interior designer has been suspended for a period of time, her
  784  or his seal shall be returned to her or him upon expiration of
  785  the suspension period.
  786         (12) A person may not sign and seal by any means any final
  787  plan, specification, or report after her or his certificate of
  788  registration has expired or is suspended or revoked. A
  789  registered architect or interior designer whose certificate of
  790  registration is suspended or revoked shall, within 30 days after
  791  the effective date of the suspension or revocation, surrender
  792  her or his seal to the executive director of the board and
  793  confirm in writing to the executive director the cancellation of
  794  the registered architect’s or interior designer’s electronic
  795  signature in accordance with ss. 668.001-668.006. When a
  796  registered architect’s or interior designer’s certificate of
  797  registration is suspended for a period of time, her or his seal
  798  shall be returned upon expiration of the period of suspension.
  799         Section 30. Paragraphs (a) and (c) of subsection (5) of
  800  section 481.229, Florida Statutes, are amended to read:
  801         481.229 Exceptions; exemptions from licensure.—
  802         (5)(a) Nothing contained in This part does not prohibit
  803  shall prevent a registered architect or a qualified business
  804  organization partnership, limited liability company, or
  805  corporation holding a valid certificate of authorization to
  806  provide architectural services from performing any interior
  807  design service or from using the title “interior designer” or
  808  “registered interior designer.”
  809         (c) Notwithstanding any other provision of this part, a
  810  registered architect or qualified business organization
  811  certified any corporation, partnership, or person operating
  812  under a fictitious name which holds a certificate of
  813  authorization to provide architectural services must shall be
  814  qualified, without fee, for a certificate of authorization to
  815  provide interior design services upon submission of a completed
  816  application for qualification therefor. For corporations,
  817  partnerships, and persons operating under a fictitious name
  818  which hold a certificate of authorization to provide interior
  819  design services, satisfaction of the requirements for renewal of
  820  the certificate of authorization to provide architectural
  821  services under s. 481.219 shall be deemed to satisfy the
  822  requirements for renewal of the certificate of authorization to
  823  provide interior design services under that section.
  824         Section 31. Section 481.303, Florida Statutes, is reordered
  825  and amended to read:
  826         481.303 Definitions.—As used in this chapter, the term:
  827         (1) “Board” means the Board of Landscape Architecture.
  828         (3)(2) “Department” means the Department of Business and
  829  Professional Regulation.
  830         (6)(3) “Registered landscape architect” means a person who
  831  holds a license to practice landscape architecture in this state
  832  under the authority of this act.
  833         (2)(4) “Certificate of registration” means a license issued
  834  by the department to a natural person to engage in the practice
  835  of landscape architecture.
  836         (5)“Certificate of authorization” means a license issued
  837  by the department to a corporation or partnership to engage in
  838  the practice of landscape architecture.
  839         (4)(6) “Landscape architecture” means professional
  840  services, including, but not limited to, the following:
  841         (a) Consultation, investigation, research, planning,
  842  design, preparation of drawings, specifications, contract
  843  documents and reports, responsible construction supervision, or
  844  landscape management in connection with the planning and
  845  development of land and incidental water areas, including the
  846  use of Florida-friendly landscaping as defined in s. 373.185,
  847  where, and to the extent that, the dominant purpose of such
  848  services or creative works is the preservation, conservation,
  849  enhancement, or determination of proper land uses, natural land
  850  features, ground cover and plantings, or naturalistic and
  851  aesthetic values;
  852         (b) The determination of settings, grounds, and approaches
  853  for and the siting of buildings and structures, outdoor areas,
  854  or other improvements;
  855         (c) The setting of grades, shaping and contouring of land
  856  and water forms, determination of drainage, and provision for
  857  storm drainage and irrigation systems where such systems are
  858  necessary to the purposes outlined herein; and
  859         (d) The design of such tangible objects and features as are
  860  necessary to the purpose outlined herein.
  861         (5)(7) “Landscape design” means consultation for and
  862  preparation of planting plans drawn for compensation, including
  863  specifications and installation details for plant materials,
  864  soil amendments, mulches, edging, gravel, and other similar
  865  materials. Such plans may include only recommendations for the
  866  conceptual placement of tangible objects for landscape design
  867  projects. Construction documents, details, and specifications
  868  for tangible objects and irrigation systems shall be designed or
  869  approved by licensed professionals as required by law.
  870         Section 32. Subsection (5) of section 481.321, Florida
  871  Statutes, is amended to read:
  872         481.321 Seals; display of certificate number.—
  873         (5) Each registered landscape architect must and each
  874  corporation or partnership holding a certificate of
  875  authorization shall include her or his its certificate number in
  876  any newspaper, telephone directory, or other advertising medium
  877  used by the registered landscape architect, corporation, or
  878  partnership. A corporation or partnership must is not required
  879  to display the certificate number numbers of at least one
  880  officer, director, owner, or partner who is a individual
  881  registered landscape architect architects employed by or
  882  practicing with the corporation or partnership.
  883         Section 33. Subsection (4) of section 481.311, Florida
  884  Statutes, is amended to read:
  885         481.311 Licensure.—
  886         (4)The board shall certify as qualified for a certificate
  887  of authorization any applicant corporation or partnership who
  888  satisfies the requirements of s. 481.319.
  889         Section 34. Subsection (2) of section 481.317, Florida
  890  Statutes, is amended to read:
  891         481.317 Temporary certificates.—
  892         (2)Upon approval by the board and payment of the fee set
  893  in s. 481.307, the department shall grant a temporary
  894  certificate of authorization for work on one specified project
  895  in this state for a period not to exceed 1 year to an out-of
  896  state corporation, partnership, or firm, provided one of the
  897  principal officers of the corporation, one of the partners of
  898  the partnership, or one of the principals in the fictitiously
  899  named firm has obtained a temporary certificate of registration
  900  in accordance with subsection (1).
  901         Section 35. Section 481.319, Florida Statutes, is amended
  902  to read:
  903         481.319 Corporate and partnership practice of landscape
  904  architecture; certificate of authorization.—
  905         (1) The practice of or offer to practice landscape
  906  architecture by registered landscape architects registered under
  907  this part through a corporation or partnership offering
  908  landscape architectural services to the public, or through a
  909  corporation or partnership offering landscape architectural
  910  services to the public through individual registered landscape
  911  architects as agents, employees, officers, or partners, is
  912  permitted, subject to the provisions of this section, if:
  913         (a) One or more of the principal officers of the
  914  corporation, or partners of the partnership, and all personnel
  915  of the corporation or partnership who act in its behalf as
  916  landscape architects in this state are registered landscape
  917  architects; and
  918         (b) One or more of the officers, one or more of the
  919  directors, one or more of the owners of the corporation, or one
  920  or more of the partners of the partnership is a registered
  921  landscape architect; and
  922         (c)The corporation or partnership has been issued a
  923  certificate of authorization by the board as provided herein.
  924         (2) All documents involving the practice of landscape
  925  architecture which are prepared for the use of the corporation
  926  or partnership shall bear the signature and seal of a registered
  927  landscape architect.
  928         (3) A landscape architect applying to practice in the name
  929  of a An applicant corporation must shall file with the
  930  department the names and addresses of all officers and board
  931  members of the corporation, including the principal officer or
  932  officers, duly registered to practice landscape architecture in
  933  this state and, also, of all individuals duly registered to
  934  practice landscape architecture in this state who shall be in
  935  responsible charge of the practice of landscape architecture by
  936  the corporation in this state. A landscape architect applying to
  937  practice in the name of a An applicant partnership must shall
  938  file with the department the names and addresses of all partners
  939  of the partnership, including the partner or partners duly
  940  registered to practice landscape architecture in this state and,
  941  also, of an individual or individuals duly registered to
  942  practice landscape architecture in this state who shall be in
  943  responsible charge of the practice of landscape architecture by
  944  said partnership in this state.
  945         (4) Each landscape architect qualifying a partnership or
  946  and corporation licensed under this part must shall notify the
  947  department within 1 month after of any change in the information
  948  contained in the application upon which the license is based.
  949  Any landscape architect who terminates her or his or her
  950  employment with a partnership or corporation licensed under this
  951  part shall notify the department of the termination within 1
  952  month after such termination.
  953         (5)Disciplinary action against a corporation or
  954  partnership shall be administered in the same manner and on the
  955  same grounds as disciplinary action against a registered
  956  landscape architect.
  957         (5)(6) Except as provided in s. 558.0035, the fact that a
  958  registered landscape architect practices landscape architecture
  959  through a corporation or partnership as provided in this section
  960  does not relieve the landscape architect from personal liability
  961  for her or his or her professional acts.
  962         Section 36. Subsection (5) of section 481.329, Florida
  963  Statutes, is amended to read:
  964         481.329 Exceptions; exemptions from licensure.—
  965         (5) This part does not prohibit any person from engaging in
  966  the practice of landscape design, as defined in s. 481.303(5)
  967  481.303(7), or from submitting for approval to a governmental
  968  agency planting plans that are independent of, or a component
  969  of, construction documents that are prepared by a Florida
  970  registered professional. Persons providing landscape design
  971  services shall not use the title, term, or designation
  972  “landscape architect,” “landscape architectural,” “landscape
  973  architecture,” “L.A.,” “landscape engineering,” or any
  974  description tending to convey the impression that she or he is a
  975  landscape architect unless she or he is registered as provided
  976  in this part.
  977         Section 37. Subsection (14) of section 489.503, Florida
  978  Statutes, is amended, and subsection (24) is added to that
  979  section, to read:
  980         489.503 Exemptions.—This part does not apply to:
  981         (14) The sale of, installation of, repair of, alteration
  982  of, addition to, or design of electrical wiring, fixtures,
  983  appliances, thermostats, apparatus, raceways, computers,
  984  customer premises equipment, customer premises wiring, and
  985  conduit, or any part thereof, by an employee, contractor,
  986  subcontractor, or affiliate of a company operating under a
  987  certificate issued under chapter 364 or chapter 610, or under a
  988  local franchise or right-of-way agreement, if those items are
  989  for the purpose of transmitting data, voice, video, or other
  990  communications, or commands as part of a cable television,
  991  community antenna television, radio distribution,
  992  communications, or telecommunications system. An employee,
  993  subcontractor, contractor, or affiliate of a company that
  994  operates under a certificate issued under chapter 364 or chapter
  995  610, or under a local franchise or right-of-way agreement, is
  996  not subject to any local ordinance that requires a permit for
  997  work related to low-voltage electrical work, including related
  998  technical codes, regulations, and licensure. The scope of this
  999  exemption is limited to electrical circuits and equipment
 1000  governed by the applicable provisions of Articles 725 (Classes 2
 1001  and 3 circuits only), 770, 800, 810, and 820 of the National
 1002  Electrical Code, current edition, or 47 C.F.R. part 68, and
 1003  employees, contractors, and subcontractors of companies, and
 1004  affiliates thereof, operating under a certificate issued under
 1005  chapter 364 or chapter 610 or under a local franchise or right
 1006  of-way agreement. This subsection does not relieve any person
 1007  from licensure as an alarm system contractor.
 1008         (24)A person who installs low-voltage landscape lighting
 1009  that contains a factory-installed electrical cord with a plug
 1010  and does not require installation, wiring, or a modification to
 1011  the electrical wiring in a structure.
 1012         Section 38. Paragraphs (a) through (e) of subsection (2) of
 1013  section 489.518, Florida Statutes, are redesignated as
 1014  paragraphs (b) through (f), respectively, and a new paragraph
 1015  (a) is added to that subsection to read:
 1016         489.518 Alarm system agents.—
 1017         (2)(a)A person who performs only sales or installations of
 1018  wireless alarm systems, other than fire alarm systems, in a
 1019  single-family residence is not required to complete the initial
 1020  training required for burglar alarm system agents.
 1021         Section 39. Section 550.2416, Florida Statutes, is created
 1022  to read:
 1023         550.2416Reporting of racing greyhound injuries.—
 1024         (1)An injury to a racing greyhound which occurs while the
 1025  greyhound is located in this state must be reported on a form
 1026  adopted by the division within 7 days after the date on which
 1027  the injury occurred or is believed to have occurred. The
 1028  presence of cocaine found in a racing greyhound is considered an
 1029  injury under this section. The division may adopt rules defining
 1030  the term “injury.”
 1031         (2)The form shall be completed and signed under oath or
 1032  affirmation by the:
 1033         (a)Racetrack veterinarian or director of racing, if the
 1034  injury occurred at the racetrack facility; or
 1035         (b)Owner, trainer, or kennel operator who had knowledge of
 1036  the injury, if the injury occurred at a location other than the
 1037  racetrack facility, including during transportation.
 1038         (3)The division shall fine, suspend, or revoke the license
 1039  of any individual who knowingly violates this section or who
 1040  intentionally causes an injury to a racing greyhound.
 1041         (4)The form must include the following:
 1042         (a)The greyhound’s registered name, right-ear and left-ear
 1043  tattoo numbers, and, if any, the microchip manufacturer and
 1044  number.
 1045         (b)The names, business addresses, and telephone numbers of
 1046  the greyhound’s owner, trainer, and kennel operator.
 1047         (c)The color, weight, and sex of the greyhound.
 1048         (d)The specific type and bodily location of the injury,
 1049  the cause of the injury, and the estimated recovery time from
 1050  the injury.
 1051         (e)If the injury occurred when the greyhound was racing:
 1052         1.The racetrack where the injury occurred;
 1053         2.The distance, grade, race, and post position of the
 1054  greyhound when the injury occurred; and
 1055         3.The weather conditions, time, and track conditions when
 1056  the injury occurred.
 1057         (f)If the injury occurred when the greyhound was not
 1058  racing:
 1059         1.The location where the injury occurred; and
 1060         2.The circumstances surrounding the injury.
 1061         (g)Other information that the division determines is
 1062  necessary to identify injuries to racing greyhounds in this
 1063  state.
 1064         (5)An injury form created pursuant to this section must be
 1065  maintained as a public record by the division for at least 7
 1066  years after the date it was received.
 1067         (6)A licensee of the department who knowingly makes a
 1068  false statement concerning an injury or fails to report an
 1069  injury is subject to disciplinary action under this chapter or
 1070  chapters 455 and 474.
 1071         (7)This section does not apply to injuries to a service
 1072  animal, personal pet, or greyhound that has been adopted as a
 1073  pet.
 1074         (8)The division shall adopt rules to implement this
 1075  section.
 1076         Section 40. This act shall take effect July 1, 2016.
 1077  
 1078  ================= T I T L E  A M E N D M E N T ================
 1079  And the title is amended as follows:
 1080         Delete everything before the enacting clause
 1081  and insert:
 1082                        A bill to be entitled                      
 1083         An act relating to the Department of Business and
 1084         Professional Regulation; amending s. 326.004, F.S.;
 1085         deleting a requirement that yacht and ship brokers
 1086         maintain a separate license for each branch office and
 1087         related fees; amending s. 447.02, F.S.; deleting the
 1088         definition of the term “department”; repealing s.
 1089         447.04, F.S., relating to business agents, licenses,
 1090         and permits; repealing s. 447.041, F.S., relating to a
 1091         hearing for a denied license, permit, or registration;
 1092         repealing s. 447.045, F.S., relating to certain
 1093         confidential information; repealing s. 447.06, F.S.,
 1094         relating to the required registration of labor
 1095         organizations; amending s. 447.09, F.S.; deleting
 1096         prohibitions against specified actions; repealing s.
 1097         447.12, F.S., relating to registration fees; repealing
 1098         s. 447.16, F.S., relating to the applicability of ch.
 1099         447, F.S.; amending s. 468.401, F.S.; deleting
 1100         definitions; repealing s. 468.402, F.S., relating to
 1101         the duties of the Department of Business and
 1102         Professional Regulation; repealing s. 468.403, F.S.,
 1103         relating to licensure and application requirements for
 1104         owners and operators of talent agencies; repealing s.
 1105         468.404, F.S., relating to fees and renewal of talent
 1106         agency licenses; repealing s. 468.405, F.S., relating
 1107         to qualification for talent agency licenses; amending
 1108         s. 468.406, F.S.; deleting the requirement for talent
 1109         agencies to file with the department an itemized
 1110         schedule of certain fees and an amended or
 1111         supplemental schedule under certain circumstances;
 1112         repealing s. 468.407, F.S., relating to license
 1113         contents and posting; amending s. 468.408, F.S.;
 1114         revising requirements for talent agency bonds;
 1115         deleting a departmental requirement to approve talent
 1116         agency bonds; requiring that a bonding company notify
 1117         the talent agency, rather than notifying the
 1118         department, of certain claims; amending s. 468.409,
 1119         F.S.; deleting provisions requiring talent agencies to
 1120         make specified records readily available for
 1121         inspection by the department; amending s. 468.410,
 1122         F.S.; deleting a reference to the department in talent
 1123         agency contracts; amending s. 468.412, F.S.; revising
 1124         the information that talent agencies must enter in the
 1125         talent agency records; deleting requirements relating
 1126         to the inspection of talent agency records and the
 1127         submission of certain records and reports to the
 1128         department; revising the requirements for talent
 1129         agencies to post certain laws and rules; revising the
 1130         information required in talent agency publications;
 1131         amending s. 468.413, F.S.; deleting provisions
 1132         relating to criminal violations for failing to obtain
 1133         or maintain licensure with the department; deleting
 1134         provisions authorizing the court to suspend or revoke
 1135         a license; deleting a provision authorizing the court
 1136         to take certain actions; revising the department’s
 1137         authority to bring certain actions and impose certain
 1138         remedies for violations of talent agency regulations;
 1139         repealing s. 468.414, F.S., relating to collection and
 1140         deposit of fines, fees, and penalties by the
 1141         department; amending s. 468.415, F.S.; deleting a
 1142         provision requiring the department to revoke a
 1143         license; amending s. 469.006, F.S.; requiring that a
 1144         license be in the name of a qualifying agent rather
 1145         than the name of a business organization; requiring
 1146         the qualifying agent, rather than the business
 1147         organization, to report certain changes in
 1148         information; conforming provisions to changes made by
 1149         the act; amending s. 469.009, F.S.; deleting the
 1150         authority of the department to reprimand, censure, or
 1151         impose probation on certain business organizations;
 1152         amending s. 477.0135, F.S.; providing that a license
 1153         or registration is not required for a person whose
 1154         occupation or practice is confined solely to applying
 1155         polish to nails; amending s. 481.203, F.S.; defining
 1156         the term “business organization”; deleting the
 1157         definition of the term “certificate of authorization”;
 1158         amending s. 481.219, F.S.; revising the process by
 1159         which a business organization obtains the requisite
 1160         license to perform architectural services; requiring
 1161         that a licensee or an applicant apply to qualify a
 1162         business organization under certain circumstances;
 1163         specifying application requirements; authorizing the
 1164         Board of Architecture and Interior Design to deny an
 1165         application under certain circumstances; requiring
 1166         that a qualifying agent be a registered architect or a
 1167         registered interior designer under certain
 1168         circumstances; requiring that a qualifying agent
 1169         notify the department when she or he ceases to be
 1170         affiliated with a business organization; prohibiting a
 1171         business organization from engaging in certain
 1172         practices until it is qualified by a qualifying agent;
 1173         authorizing the executive director or the chair of the
 1174         board to authorize a certain registered architect or
 1175         interior designer to temporarily serve as the business
 1176         organization’s qualifying agent for a specified
 1177         timeframe under certain circumstances; requiring the
 1178         qualifying agent to give written notice to the
 1179         department before engaging in practice under her or
 1180         his own name or in affiliation with another business
 1181         organization; requiring the board to allow an
 1182         applicant to qualify one or more business
 1183         organizations or to operate using a fictitious name
 1184         under certain circumstances; conforming provisions to
 1185         changes made by the act; amending s. 481.221, F.S.;
 1186         requiring a business organization to include the
 1187         license number of a certain registered architect or
 1188         interior designer in any advertising; providing an
 1189         exception; conforming provisions to changes made by
 1190         the act; amending s. 481.229, F.S.; conforming
 1191         provisions to changes made by the act; reordering and
 1192         amending s. 481.303, F.S.; deleting the definition of
 1193         the term “certificate of authorization”; amending s.
 1194         481.321, F.S.; revising provisions that require
 1195         persons to display certificate numbers under certain
 1196         circumstances; conforming provisions to changes made
 1197         by the act; amending ss. 481.311, 481.317, and
 1198         481.319, F.S.; conforming provisions to changes made
 1199         by the act; amending s. 481.329, F.S.; conforming a
 1200         cross-reference; amending s. 489.503, F.S.; revising
 1201         an exemption from regulation for certain persons;
 1202         exempting a person who installs certain low-voltage
 1203         landscape lighting from specified requirements;
 1204         amending s. 489.518, F.S.; exempting certain persons
 1205         from initial training for burglar alarm system agents;
 1206         creating s. 550.2416, F.S.; requiring injuries to
 1207         racing greyhounds to be reported within a certain
 1208         timeframe on a form adopted by the Division of Pari
 1209         mutuel Wagering of the department; requiring such form
 1210         to be completed and signed under oath or affirmation
 1211         by certain individuals; providing penalties;
 1212         specifying information that must be included in the
 1213         form; requiring the division to maintain the forms as
 1214         public records for a specified time; specifying
 1215         disciplinary action that may be taken against a
 1216         licensee of the department who fails to report an
 1217         injury or who makes false statements on an injury
 1218         form; exempting injuries to certain animals from
 1219         reporting requirements; requiring the division to
 1220         adopt rules; providing an effective date.