Florida Senate - 2016                                    SB 1050
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00811A-16                                          20161050__
    1                        A bill to be entitled                      
    2         An act relating to regulated professions and
    3         occupations; amending s. 326.004, F.S.; deleting a
    4         requirement that yacht and ship brokers maintain a
    5         separate license for each branch office and related
    6         fees; amending s. 447.02, F.S.; deleting a definition;
    7         repealing s. 447.04, F.S., relating to business
    8         agents, licenses, and permits; repealing s. 447.041,
    9         F.S., relating to hearings; repealing s. 447.045,
   10         F.S., relating to certain confidential information;
   11         repealing s. 447.06, F.S., relating to the required
   12         registration of labor organizations; amending s.
   13         447.09, F.S.; deleting prohibitions against specified
   14         actions; repealing s. 447.12, F.S., relating to
   15         registration fees; repealing s. 447.16, F.S., relating
   16         to the applicability of ch. 447, F.S.; repealing part
   17         VII of ch. 468, F.S., relating to the regulation of
   18         talent agencies; amending s. 468.451, F.S.; revising
   19         legislative intent related to the regulation of
   20         athlete agents; reordering and amending s. 468.452,
   21         F.S.; deleting the term “department”; repealing s.
   22         468.453, F.S., relating to the licensure of athlete
   23         agents; repealing s. 468.4536, F.S., relating to
   24         renewal of such licenses; amending s. 468.454, F.S.;
   25         revising the information that must be stated in agent
   26         contracts; deleting a condition under which an agent
   27         contract is void and unenforceable; repealing s.
   28         468.456, F.S., relating to prohibited acts for athlete
   29         agents; repealing s. 468.4561, F.S., relating to
   30         unlicensed activity and penalties for violations;
   31         amending s. 468.45615, F.S.; conforming provisions to
   32         changes made by the act; amending s. 468.4565, F.S.;
   33         deleting provisions authorizing the Department of
   34         Business and Professional Regulation to access and
   35         inspect certain records of athlete agents and related
   36         disciplinary actions and subpoena powers; repealing s.
   37         468.457, F.S., relating to rulemaking authority;
   38         amending s. 469.006, F.S.; requiring that a license be
   39         in the name of a qualifying agent rather than the name
   40         of a business organization; requiring the qualifying
   41         agent, rather than the business organization, to
   42         report certain changes in information; conforming
   43         provisions to changes made by the act; amending s.
   44         469.009, F.S.; deleting the authority of the
   45         department to reprimand, censure, or impose probation
   46         on certain business organizations; amending s.
   47         474.203, F.S.; excluding veterinary acupressure and
   48         massage from certain provisions in ch. 474, F.S.;
   49         defining terms; amending s. 477.0132, F.S.; excluding
   50         the practices of hair wrapping and body wrapping from
   51         regulation under the Florida Cosmetology Act; amending
   52         s. 477.0135, F.S.; providing that a license or
   53         registration is not required for a person whose
   54         occupation or practice is confined solely to adding
   55         polish to nails or solely to hair wrapping or body
   56         wrapping; amending ss. 477.019, 477.026, 477.0265, and
   57         477.029, F.S.; conforming provisions to changes made
   58         by the act; amending s. 481.203, F.S.; defining the
   59         term “business organization”; deleting the definition
   60         of the term “certificate of authorization”; amending
   61         s. 481.219, F.S.; revising the process by which a
   62         business organization obtains the requisite license to
   63         perform architectural services; requiring that a
   64         licensee or an applicant apply to qualify a business
   65         organization under certain circumstances; specifying
   66         application requirements; authorizing the Board of
   67         Architecture and Interior Design to deny an
   68         application under certain circumstances; requiring
   69         that a qualifying agent be a registered architect or a
   70         registered interior designer under certain
   71         circumstances; requiring that a qualifying agent
   72         notify the department when she or he ceases to be
   73         affiliated with a business organization; prohibiting a
   74         business organization from engaging in certain
   75         practices until it is qualified by a qualifying agent;
   76         authorizing a business organization to proceed with
   77         specified contracts under a temporary certificate in
   78         certain circumstances; defining the term “incomplete
   79         contract”; requiring the qualifying agent to give
   80         written notice to the department before engaging in
   81         practice under her or his own name or in affiliation
   82         with another business organization; requiring the
   83         board to certify an applicant to qualify one or more
   84         business organizations or to operate using a
   85         fictitious name under certain circumstances;
   86         specifying that a qualifying agent for a business
   87         organization is jointly and severally liable with the
   88         business organization for certain damages; conforming
   89         provisions to changes made by the act; amending ss.
   90         481.221 and 481.229, F.S.; conforming provisions to
   91         changes made by the act; reordering and amending s.
   92         481.303, F.S.; deleting the term “certificate of
   93         authorization”; amending s. 481.321, F.S.; revising
   94         provisions that require persons to display certificate
   95         numbers under certain circumstances; conforming
   96         provisions to changes made by the act; amending ss.
   97         481.311, 481.317, and 481.319, F.S.; conforming
   98         provisions to changes made by the act; amending s.
   99         481.329, F.S.; conforming a cross-reference; amending
  100         s. 489.503, F.S.; deleting an exemption from
  101         regulation for certain persons; exempting a person who
  102         installs certain low-voltage landscape lighting from
  103         specified requirements; amending s. 489.518, F.S.;
  104         exempting certain persons from initial training for
  105         burglar alarm system agents; amending s. 492.111,
  106         F.S.; revising the requirements for an individual to
  107         practice or offer to practice professional geology
  108         through a firm, corporation, or partnership; requiring
  109         a firm, corporation, or partnership to be qualified by
  110         one or more individuals licensed as a professional
  111         geologist under certain circumstances; revising
  112         provisions specifying which persons must notify the
  113         department of changes in the geologist of record;
  114         deleting provisions relating to certificates of
  115         authorization; conforming provisions to changes made
  116         by the act; amending ss. 492.104, 492.113, and
  117         492.115, F.S.; conforming provisions to changes made
  118         by the act; providing an effective date.
  119          
  120  Be It Enacted by the Legislature of the State of Florida:
  121  
  122         Section 1. Subsection (13) of section 326.004, Florida
  123  Statutes, is amended to read:
  124         326.004 Licensing.—
  125         (13) Each broker must maintain a principal place of
  126  business in this state and may establish branch offices in the
  127  state. A separate license must be maintained for each branch
  128  office. The division shall establish by rule a fee not to exceed
  129  $100 for each branch office license.
  130         Section 2. Subsection (3) of section 447.02, Florida
  131  Statutes, is amended to read:
  132         447.02 Definitions.—The following terms, when used in this
  133  chapter, shall have the meanings ascribed to them in this
  134  section:
  135         (3) The term “department” means the Department of Business
  136  and Professional Regulation.
  137         Section 3. Section 447.04, Florida Statutes, is repealed.
  138         Section 4. Section 447.041, Florida Statutes, is repealed.
  139         Section 5. Section 447.045, Florida Statutes, is repealed.
  140         Section 6. Section 447.06, Florida Statutes, is repealed.
  141         Section 7. Subsections (6) and (8) of section 447.09,
  142  Florida Statutes, are amended to read:
  143         447.09 Right of franchise preserved; penalties.—It shall be
  144  unlawful for any person:
  145         (6) To act as a business agent without having obtained and
  146  possessing a valid and subsisting license or permit.
  147         (8) To make any false statement in an application for a
  148  license.
  149         Section 8. Section 447.12, Florida Statutes, is repealed.
  150         Section 9. Section 447.16, Florida Statutes, is repealed.
  151         Section 10. Part VII of chapter 468, Florida Statutes,
  152  consisting of ss. 468.401, 468.402, 468.403, 468.404, 468.405,
  153  468.406, 468.407, 468.408, 468.409, 468.410, 468.411, 468.412,
  154  468.413, 468.414, and 468.415, is repealed.
  155         Section 11. Section 468.451, Florida Statutes, is amended
  156  to read:
  157         468.451 Legislative findings and intent.—The Legislature
  158  finds that dishonest or unscrupulous practices by agents who
  159  solicit representation of student athletes can cause significant
  160  harm to student athletes and the academic institutions for which
  161  they play. It is the intent of the Legislature to provide civil
  162  and criminal causes of action against athlete agents to protect
  163  the interests of student athletes and academic institutions by
  164  regulating the activities of athlete agents.
  165         Section 12. Subsections (4) through (7) of section 468.452,
  166  Florida Statutes, are reordered and amended to read:
  167         468.452 Definitions.—For purposes of this part, the term:
  168         (4) “Department” means the Department of Business and
  169  Professional Regulation.
  170         (6)(5) “Student athlete” means any student who:
  171         (a) Resides in Florida, has informed, in writing, a college
  172  or university of the student’s intent to participate in that
  173  school’s intercollegiate athletics, or who does participate in
  174  that school’s intercollegiate athletics and is eligible to do
  175  so; or
  176         (b) Does not reside in Florida, but has informed, in
  177  writing, a college or university in Florida of the student’s
  178  intent to participate in that school’s intercollegiate
  179  athletics, or who does participate in that school’s
  180  intercollegiate athletics and is eligible to do so.
  181         (4)(6) “Financial services” means the counseling on or the
  182  making or execution of investment and other financial decisions
  183  by the agent on behalf of the student athlete.
  184         (5)(7) “Participation” means practicing, competing, or
  185  otherwise representing a college or university in
  186  intercollegiate athletics.
  187         Section 13. Section 468.453, Florida Statutes, is repealed.
  188         Section 14. Section 468.4536, Florida Statutes, is
  189  repealed.
  190         Section 15. Subsections (2) and (12) of section 468.454,
  191  Florida Statutes, are amended to read:
  192         468.454 Contracts.—
  193         (2) An agent contract must state:
  194         (a) The amount and method of calculating the consideration
  195  to be paid by the student athlete for services to be provided by
  196  the athlete agent and any other consideration the agent has
  197  received or will receive from any other source under the
  198  contract;
  199         (b) The name of any person not listed in the licensure
  200  application who will be compensated because the student athlete
  201  signed the agent contract;
  202         (c) A description of any expenses that the student athlete
  203  agrees to reimburse;
  204         (d) A description of the services to be provided to the
  205  student athlete;
  206         (e) The duration of the contract; and
  207         (f) The date of execution.
  208         (12) An agent contract between a student athlete and a
  209  person not licensed under this part is void and unenforceable.
  210         Section 16. Section 468.456, Florida Statutes, is repealed.
  211         Section 17. Section 468.4561, Florida Statutes, is
  212  repealed.
  213         Section 18. Section 468.45615, Florida Statutes, is amended
  214  to read:
  215         468.45615 Provision of illegal inducements to athletes
  216  prohibited; penalties; license suspension.—
  217         (1) A Any person who offers anything of value to another
  218  person to induce a student athlete to enter into an agreement by
  219  which the athlete agent will represent the student athlete
  220  commits violates s. 468.456(1)(f) is guilty of a felony of the
  221  second degree, punishable as provided in s. 775.082, s. 775.083,
  222  s. 775.084, s. 775.089, or s. 775.091. Negotiations regarding an
  223  athlete agent’s fee are not considered an inducement.
  224         (2)(a) Regardless of whether adjudication is withheld, any
  225  person convicted or found guilty of, or entering a plea of nolo
  226  contendere to, the violation described in subsection (1) may
  227  shall not employ, utilize, or otherwise collaborate with an a
  228  licensed or unlicensed athlete agent in Florida to illegally
  229  recruit or solicit student athletes. Any person who violates the
  230  provisions of this subsection is guilty of a felony of the
  231  second degree, punishable as provided in s. 775.082, s. 775.083,
  232  s. 775.084, s. 775.089, or s. 775.091.
  233         (b) Regardless of whether adjudication is withheld, any
  234  person who knowingly actively assists in the illegal recruitment
  235  or solicitation of student athletes for a person who has been
  236  convicted or found guilty of, or entered a plea of nolo
  237  contendere to, a violation of this section is guilty of a felony
  238  of the second degree, punishable as provided in s. 775.082, s.
  239  775.083, s. 775.084, s. 775.089, or s. 775.091.
  240         (3) In addition to any other penalties provided in this
  241  section, the court may suspend the license of the person pending
  242  the outcome of any administrative action against the person by
  243  the department.
  244         (3)(4)(a) An athlete agent, with the intent to induce a
  245  student athlete to enter into an agent contract, may not:
  246         1. Give any materially false or misleading information or
  247  make a materially false promise or representation;
  248         2. Furnish anything of value to a student athlete before
  249  the student athlete enters into the agent contract; or
  250         3. Furnish anything of value to any individual other than
  251  the student athlete or another athlete agent.
  252         (b) An athlete agent may not intentionally:
  253         1. Initiate contact with a student athlete unless licensed
  254  under this part;
  255         2. Refuse or fail to retain or permit inspection of the
  256  records required to be retained by s. 468.4565;
  257         3. Provide materially false or misleading information in an
  258  application for licensure;
  259         2.4. Predate or postdate an agent contract;
  260         3.5. Fail to give notice of the existence of an agent
  261  contract as required by s. 468.454(6); or
  262         4.6. Fail to notify a student athlete before the student
  263  athlete signs or otherwise authenticates an agent contract for a
  264  sport that the signing or authentication may make the student
  265  athlete ineligible to participate as a student athlete in that
  266  sport.
  267         (c) An athlete agent who violates this subsection commits a
  268  felony of the second degree, punishable as provided in s.
  269  775.082, s. 775.083, or s. 775.084.
  270         Section 19. Section 468.4565, Florida Statutes, is amended
  271  to read:
  272         468.4565 Business records requirement.—
  273         (1) An athlete agent shall establish and maintain complete
  274  financial and business records. The athlete agent shall save
  275  each entry into a financial or business record for at least 5
  276  years after from the date of entry. These records must include:
  277         (1)(a) The name and address of each individual represented
  278  by the athlete agent;
  279         (2)(b) Any agent contract entered into by the athlete
  280  agent; and
  281         (3)(c) Any direct costs incurred by the athlete agent in
  282  the recruitment or solicitation of a student athlete to enter
  283  into an agent contract.
  284         (2) The department shall have access to and shall have the
  285  right to inspect and examine the financial or business records
  286  of an athlete agent during normal business hours. Refusal or
  287  failure of an athlete agent to provide the department access to
  288  financial and business records shall be the basis for
  289  disciplinary action by the department pursuant to s. 455.225.
  290  The department may exercise its subpoena powers to obtain the
  291  financial and business records of an athlete agent.
  292         Section 20. Section 468.457, Florida Statutes, is repealed.
  293         Section 21. Paragraphs (a) and (e) of subsection (2),
  294  subsection (3), paragraph (b) of subsection (4), and subsection
  295  (6) of section 469.006, Florida Statutes, are amended to read:
  296         469.006 Licensure of business organizations; qualifying
  297  agents.—
  298         (2)(a) If the applicant proposes to engage in consulting or
  299  contracting as a partnership, corporation, business trust, or
  300  other legal entity, or in any name other than the applicant’s
  301  legal name, the legal entity must apply for licensure through a
  302  qualifying agent or the individual applicant must apply for
  303  licensure under the name of the business organization fictitious
  304  name.
  305         (e) A The license, when issued upon application of a
  306  business organization, must be in the name of the qualifying
  307  agent business organization, and the name of the business
  308  organization qualifying agent must be noted on the license
  309  thereon. If there is a change in any information that is
  310  required to be stated on the application, the qualifying agent
  311  business organization shall, within 45 days after such change
  312  occurs, mail the correct information to the department.
  313         (3) The qualifying agent must shall be licensed under this
  314  chapter in order for the business organization to be qualified
  315  licensed in the category of the business conducted for which the
  316  qualifying agent is licensed. If any qualifying agent ceases to
  317  be affiliated with such business organization, the agent shall
  318  so inform the department. In addition, if such qualifying agent
  319  is the only licensed individual affiliated with the business
  320  organization, the business organization shall notify the
  321  department of the termination of the qualifying agent and has
  322  shall have 60 days after from the date of termination of the
  323  qualifying agent’s affiliation with the business organization in
  324  which to employ another qualifying agent. The business
  325  organization may not engage in consulting or contracting until a
  326  qualifying agent is employed, unless the department has granted
  327  a temporary nonrenewable license to the financially responsible
  328  officer, the president, the sole proprietor, a partner, or, in
  329  the case of a limited partnership, the general partner, who
  330  assumes all responsibilities of a primary qualifying agent for
  331  the entity. This temporary license only allows shall only allow
  332  the entity to proceed with incomplete contracts.
  333         (4)
  334         (b) Upon a favorable determination by the department, after
  335  investigation of the financial responsibility, credit, and
  336  business reputation of the qualifying agent and the new business
  337  organization, the department shall issue, without any
  338  examination, a new license in the qualifying agent’s business
  339  organization’s name, and the name of the business organization
  340  qualifying agent shall be noted thereon.
  341         (6) Each qualifying agent shall pay the department an
  342  amount equal to the original fee for licensure of a new business
  343  organization. if the qualifying agent for a business
  344  organization desires to qualify additional business
  345  organizations., The department shall require the agent to
  346  present evidence of supervisory ability and financial
  347  responsibility of each such organization. Allowing a licensee to
  348  qualify more than one business organization must shall be
  349  conditioned upon the licensee showing that the licensee has both
  350  the capacity and intent to adequately supervise each business
  351  organization. The department may shall not limit the number of
  352  business organizations that which the licensee may qualify
  353  except upon the licensee’s failure to provide such information
  354  as is required under this subsection or upon a finding that the
  355  such information or evidence as is supplied is incomplete or
  356  unpersuasive in showing the licensee’s capacity and intent to
  357  comply with the requirements of this subsection. A qualification
  358  for an additional business organization may be revoked or
  359  suspended upon a finding by the department that the licensee has
  360  failed in the licensee’s responsibility to adequately supervise
  361  the operations of the business organization. Failure to
  362  adequately supervise the operations of a business organization
  363  is shall be grounds for denial to qualify additional business
  364  organizations.
  365         Section 22. Subsection (1) of section 469.009, Florida
  366  Statutes, is amended to read:
  367         469.009 License revocation, suspension, and denial of
  368  issuance or renewal.—
  369         (1) The department may revoke, suspend, or deny the
  370  issuance or renewal of a license; reprimand, censure, or place
  371  on probation any contractor, consultant, or financially
  372  responsible officer, or business organization; require financial
  373  restitution to a consumer; impose an administrative fine not to
  374  exceed $5,000 per violation; require continuing education; or
  375  assess costs associated with any investigation and prosecution
  376  if the contractor or consultant, or business organization or
  377  officer or agent thereof, is found guilty of any of the
  378  following acts:
  379         (a) Willfully or deliberately disregarding or violating the
  380  health and safety standards of the Occupational Safety and
  381  Health Act of 1970, the Construction Safety Act, the National
  382  Emission Standards for Asbestos, the Environmental Protection
  383  Agency Asbestos Abatement Projects Worker Protection Rule, the
  384  Florida Statutes or rules promulgated thereunder, or any
  385  ordinance enacted by a political subdivision of this state.
  386         (b) Violating any provision of chapter 455.
  387         (c) Failing in any material respect to comply with the
  388  provisions of this chapter or any rule promulgated hereunder.
  389         (d) Acting in the capacity of an asbestos contractor or
  390  asbestos consultant under any license issued under this chapter
  391  except in the name of the licensee as set forth on the issued
  392  license.
  393         (e) Proceeding on any job without obtaining all applicable
  394  approvals, authorizations, permits, and inspections.
  395         (f) Obtaining a license by fraud or misrepresentation.
  396         (g) Being convicted or found guilty of, or entering a plea
  397  of nolo contendere to, regardless of adjudication, a crime in
  398  any jurisdiction which directly relates to the practice of
  399  asbestos consulting or contracting or the ability to practice
  400  asbestos consulting or contracting.
  401         (h) Knowingly violating any building code, lifesafety code,
  402  or county or municipal ordinance relating to the practice of
  403  asbestos consulting or contracting.
  404         (i) Performing any act which assists a person or entity in
  405  engaging in the prohibited unlicensed practice of asbestos
  406  consulting or contracting, if the licensee knows or has
  407  reasonable grounds to know that the person or entity was
  408  unlicensed.
  409         (j) Committing mismanagement or misconduct in the practice
  410  of contracting that causes financial harm to a customer.
  411  Financial mismanagement or misconduct occurs when:
  412         1. Valid liens have been recorded against the property of a
  413  contractor’s customer for supplies or services ordered by the
  414  contractor for the customer’s job; the contractor has received
  415  funds from the customer to pay for the supplies or services; and
  416  the contractor has not had the liens removed from the property,
  417  by payment or by bond, within 75 days after the date of such
  418  liens;
  419         2. The contractor has abandoned a customer’s job and the
  420  percentage of completion is less than the percentage of the
  421  total contract price paid to the contractor as of the time of
  422  abandonment, unless the contractor is entitled to retain such
  423  funds under the terms of the contract or refunds the excess
  424  funds within 30 days after the date the job is abandoned; or
  425         3. The contractor’s job has been completed, and it is shown
  426  that the customer has had to pay more for the contracted job
  427  than the original contract price, as adjusted for subsequent
  428  change orders, unless such increase in cost was the result of
  429  circumstances beyond the control of the contractor, was the
  430  result of circumstances caused by the customer, or was otherwise
  431  permitted by the terms of the contract between the contractor
  432  and the customer.
  433         (k) Being disciplined by any municipality or county for an
  434  act or violation of this chapter.
  435         (l) Failing in any material respect to comply with the
  436  provisions of this chapter, or violating a rule or lawful order
  437  of the department.
  438         (m) Abandoning an asbestos abatement project in which the
  439  asbestos contractor is engaged or under contract as a
  440  contractor. A project may be presumed abandoned after 20 days if
  441  the contractor terminates the project without just cause and
  442  without proper notification to the owner, including the reason
  443  for termination; if the contractor fails to reasonably secure
  444  the project to safeguard the public while work is stopped; or if
  445  the contractor fails to perform work without just cause for 20
  446  days.
  447         (n) Signing a statement with respect to a project or
  448  contract falsely indicating that the work is bonded; falsely
  449  indicating that payment has been made for all subcontracted
  450  work, labor, and materials which results in a financial loss to
  451  the owner, purchaser, or contractor; or falsely indicating that
  452  workers’ compensation and public liability insurance are
  453  provided.
  454         (o) Committing fraud or deceit in the practice of asbestos
  455  consulting or contracting.
  456         (p) Committing incompetency or misconduct in the practice
  457  of asbestos consulting or contracting.
  458         (q) Committing gross negligence, repeated negligence, or
  459  negligence resulting in a significant danger to life or property
  460  in the practice of asbestos consulting or contracting.
  461         (r) Intimidating, threatening, coercing, or otherwise
  462  discouraging the service of a notice to owner under part I of
  463  chapter 713 or a notice to contractor under chapter 255 or part
  464  I of chapter 713.
  465         (s) Failing to satisfy, within a reasonable time, the terms
  466  of a civil judgment obtained against the licensee, or the
  467  business organization qualified by the licensee, relating to the
  468  practice of the licensee’s profession.
  469  
  470  For the purposes of this subsection, construction is considered
  471  to be commenced when the contract is executed and the contractor
  472  has accepted funds from the customer or lender.
  473         Section 23. Subsection (9) is added to section 474.203,
  474  Florida Statutes, to read:
  475         474.203 Exemptions.—This chapter does not apply to:
  476         (9) The performance of veterinary acupressure or veterinary
  477  massage.
  478         (a) For purposes of this subsection, the term veterinary
  479  acupressure means the stimulation with finger pressure, rather
  480  than the insertion of needles, of the same points on an animal’s
  481  body which are targeted in acupuncture. The term does not
  482  include the prescribing of drugs or the diagnosis of or
  483  prognosis for a medical condition of the animal.
  484         (b) For the purposes of this subsection, the term
  485  veterinary massage means the use of fingers, hands, and
  486  machines to manipulate the animal’s soft tissues to improve the
  487  healing and recovery of the animal. The term does not include
  488  the prescribing of drugs or the diagnosis of or prognosis for a
  489  medical condition of the animal.
  490  
  491  For the purposes of chapters 465 and 893, persons exempt
  492  pursuant to subsection (1), subsection (2), or subsection (4)
  493  are deemed to be duly licensed practitioners authorized by the
  494  laws of this state to prescribe drugs or medicinal supplies.
  495         Section 24. Section 477.0132, Florida Statutes, is amended
  496  to read:
  497         477.0132 Hair braiding, hair wrapping, and body wrapping
  498  registration.—
  499         (1)(a) Persons whose occupation or practice is confined
  500  solely to hair braiding must register with the department, pay
  501  the applicable registration fee, and take a two-day 16-hour
  502  course. The course shall be board approved and consist of 5
  503  hours of HIV/AIDS and other communicable diseases, 5 hours of
  504  sanitation and sterilization, 4 hours of disorders and diseases
  505  of the scalp, and 2 hours of studies regarding laws affecting
  506  hair braiding.
  507         (b) Persons whose occupation or practice is confined solely
  508  to hair wrapping must register with the department, pay the
  509  applicable registration fee, and take a one-day 6-hour course.
  510  The course shall be board approved and consist of education in
  511  HIV/AIDS and other communicable diseases, sanitation and
  512  sterilization, disorders and diseases of the scalp, and studies
  513  regarding laws affecting hair wrapping.
  514         (c) Unless otherwise licensed or exempted from licensure
  515  under this chapter, any person whose occupation or practice is
  516  body wrapping must register with the department, pay the
  517  applicable registration fee, and take a two-day 12-hour course.
  518  The course shall be board approved and consist of education in
  519  HIV/AIDS and other communicable diseases, sanitation and
  520  sterilization, disorders and diseases of the skin, and studies
  521  regarding laws affecting body wrapping.
  522         (d) Only the board may review, evaluate, and approve a
  523  course required of an applicant for registration under this
  524  subsection in the occupation or practice of hair braiding, hair
  525  wrapping, or body wrapping. A provider of such a course is not
  526  required to hold a license under chapter 1005.
  527         (2) Hair braiding is, hair wrapping, and body wrapping are
  528  not required to be practiced in a cosmetology salon or specialty
  529  salon. When hair braiding, hair wrapping, or body wrapping is
  530  practiced outside a cosmetology salon or specialty salon,
  531  disposable implements must be used or all implements must be
  532  sanitized in a disinfectant approved for hospital use or
  533  approved by the federal Environmental Protection Agency.
  534         (3) Pending issuance of registration, a person is eligible
  535  to practice hair braiding, hair wrapping, or body wrapping upon
  536  submission of a registration application that includes proof of
  537  successful completion of the education requirements and payment
  538  of the applicable fees required by this chapter.
  539         Section 25. Subsections (7), (8), and (9) are added to
  540  section 477.0135, Florida Statutes, to read:
  541         477.0135 Exemptions.—
  542         (7) A license or registration is not required for a person
  543  whose occupation or practice is confined solely to adding polish
  544  to fingernails and toenails.
  545         (8) A license or registration is not required for a person
  546  whose occupation or practice is confined solely to hair wrapping
  547  as defined in s. 477.013(10).
  548         (9) A license or registration is not required for a person
  549  whose occupation or practice is confined solely to body wrapping
  550  as defined in s. 477.013(12).
  551         Section 26. Paragraph (b) of subsection (7) of section
  552  477.019, Florida Statutes, is amended to read:
  553         477.019 Cosmetologists; qualifications; licensure;
  554  supervised practice; license renewal; endorsement; continuing
  555  education.—
  556         (7)
  557         (b) Any person whose occupation or practice is confined
  558  solely to hair braiding, hair wrapping, or body wrapping is
  559  exempt from the continuing education requirements of this
  560  subsection.
  561         Section 27. Paragraph (f) of subsection (1) of section
  562  477.026, Florida Statutes, is amended to read:
  563         477.026 Fees; disposition.—
  564         (1) The board shall set fees according to the following
  565  schedule:
  566         (f) For hair braiders, hair wrappers, and body wrappers,
  567  fees for registration shall not exceed $25.
  568         Section 28. Paragraph (f) of subsection (1) of section
  569  477.0265, Florida Statutes, is amended to read:
  570         477.0265 Prohibited acts.—
  571         (1) It is unlawful for any person to:
  572         (f) Advertise or imply that skin care services or body
  573  wrapping, as performed under this chapter, have any relationship
  574  to the practice of massage therapy as defined in s. 480.033(3),
  575  except those practices or activities defined in s. 477.013.
  576         Section 29. Paragraph (a) of subsection (1) of section
  577  477.029, Florida Statutes, is amended to read:
  578         477.029 Penalty.—
  579         (1) It is unlawful for any person to:                    
  580         (a) Hold himself or herself out as a cosmetologist,
  581  specialist, or hair wrapper, hair braider, or body wrapper
  582  unless duly licensed or registered, or otherwise authorized, as
  583  provided in this chapter.
  584         Section 30. Subsection (5) of section 481.203, Florida
  585  Statutes, is amended to read:
  586         481.203 Definitions.—As used in this part:
  587         (5) “Business organization” means a partnership, a limited
  588  liability company, a corporation, or an individual operating
  589  under a fictitious name “Certificate of authorization” means a
  590  certificate issued by the department to a corporation or
  591  partnership to practice architecture or interior design.
  592         Section 31. Section 481.219, Florida Statutes, is amended
  593  to read:
  594         481.219 Business organization; qualifying agents
  595  Certification of partnerships, limited liability companies, and
  596  corporations.—
  597         (1) A licensee may The practice of or the offer to practice
  598  architecture or interior design by licensees through a business
  599  organization that offers corporation, limited liability company,
  600  or partnership offering architectural or interior design
  601  services to the public, or through by a business organization
  602  that offers corporation, limited liability company, or
  603  partnership offering architectural or interior design services
  604  to the public through such licensees under this part as agents,
  605  employees, officers, or partners, is permitted, subject to the
  606  provisions of this section.
  607         (2) If a licensee or an applicant proposes to engage in the
  608  practice of architecture or interior design as a business
  609  organization, the licensee or applicant must apply to qualify
  610  the business organization For the purposes of this section, a
  611  certificate of authorization shall be required for a
  612  corporation, limited liability company, partnership, or person
  613  practicing under a fictitious name, offering architectural
  614  services to the public jointly or separately. However, when an
  615  individual is practicing architecture in her or his own name,
  616  she or he shall not be required to be certified under this
  617  section. Certification under this subsection to offer
  618  architectural services shall include all the rights and
  619  privileges of certification under subsection (3) to offer
  620  interior design services.
  621         (a) An application to qualify a business organization must:
  622         1.If the business is a partnership, state the names of the
  623  partnership and its partners.
  624         2.If the business is a corporation, state the names of the
  625  corporation and its officers and directors and the name of each
  626  of its stockholders who is also an officer or a director.
  627         3.If the business is operating under a fictitious name,
  628  state the fictitious name under which it is doing business.
  629         4.If the business is not a partnership, a corporation, or
  630  operating under a fictitious name, state the name of such other
  631  legal entity and its members.
  632         (b) The board may deny an application to qualify a business
  633  organization if the applicant or any person required to be named
  634  pursuant to paragraph (a) has been involved in past disciplinary
  635  actions or on any grounds for which an individual registration
  636  or certification may be denied.
  637         (3)(a) A business organization may not engage in the
  638  practice of architecture unless its qualifying agent is a
  639  registered architect under this part. A business organization
  640  may not engage in the practice of interior design unless its
  641  qualifying agent is a registered architect or a registered
  642  interior designer under this part. A qualifying agent who
  643  terminates her or his affiliation with a business organization
  644  shall immediately notify the department of such termination. If
  645  the qualifying agent who terminates her or his affiliation is
  646  the only qualifying agent for a business organization, the
  647  business organization must be qualified by another qualifying
  648  agent within 60 days after the termination. Except as provided
  649  in paragraph (b), such a business organization may not engage in
  650  the practice of architecture or interior design until it is
  651  qualified by a qualifying agent.
  652         (b) The executive director or chair of the board may grant
  653  a temporary, nonrenewable certificate or registration to a
  654  licensee in supervising control, the president, a managing
  655  member, a partner, or, in the case of a limited partnership, the
  656  general partner for the purpose of allowing the business
  657  organization to begin or continue work required under an
  658  incomplete contract. Such person shall assume all of the
  659  responsibilities of a qualifying agent. For purposes of this
  660  paragraph, the term incomplete contract means a contract that
  661  has been awarded to, or entered into by, the business
  662  organization before the termination of affiliation of the
  663  qualifying agent with the business organization or a contract on
  664  which the business organization was the low bidder and that is
  665  subsequently awarded to the business organization, regardless of
  666  whether any actual work has commenced under the contract before
  667  termination of affiliation by the qualifying agent with the
  668  business organization.
  669         (c) A qualifying agent shall notify the department in
  670  writing before engaging in the practice of architecture or
  671  interior design in her or his own name or in affiliation with a
  672  different business organization, and she or he or such business
  673  organization shall supply the same information to the department
  674  as required of applicants under this part For the purposes of
  675  this section, a certificate of authorization shall be required
  676  for a corporation, limited liability company, partnership, or
  677  person operating under a fictitious name, offering interior
  678  design services to the public jointly or separately. However,
  679  when an individual is practicing interior design in her or his
  680  own name, she or he shall not be required to be certified under
  681  this section.
  682         (4) All final construction documents and instruments of
  683  service which include drawings, specifications, plans, reports,
  684  or other papers or documents that involve involving the practice
  685  of architecture which are prepared or approved for the use of
  686  the business organization corporation, limited liability
  687  company, or partnership and filed for public record within the
  688  state must shall bear the signature and seal of the licensee who
  689  prepared or approved them and the date on which they were
  690  sealed.
  691         (5) All drawings, specifications, plans, reports, or other
  692  papers or documents prepared or approved for the use of the
  693  business organization corporation, limited liability company, or
  694  partnership by an interior designer in her or his professional
  695  capacity and filed for public record within the state must shall
  696  bear the signature and seal of the licensee who prepared or
  697  approved them and the date on which they were sealed.
  698         (6) The department shall issue a certificate of
  699  authorization to any applicant who the board certifies as
  700  qualified for a certificate of authorization and who has paid
  701  the fee set in s. 481.207.
  702         (7) The board shall allow certify an applicant to qualify
  703  one or more business organizations as qualified for a
  704  certificate of authorization to offer architectural or interior
  705  design services, or to use a fictitious name to offer such
  706  services, if one of the following criteria is met provided that:
  707         (a) One or more of the principal officers of the
  708  corporation or limited liability company, or one or more
  709  partners of the partnership, and all personnel of the
  710  corporation, limited liability company, or partnership who act
  711  in its behalf in this state as architects, are registered as
  712  provided by this part.; or
  713         (b) One or more of the principal officers of the
  714  corporation or one or more partners of the partnership, and all
  715  personnel of the corporation, limited liability company, or
  716  partnership who act in its behalf in this state as interior
  717  designers, are registered as provided by this part.
  718         (8) The department shall adopt rules establishing a
  719  procedure for the biennial renewal of certificates of
  720  authorization.
  721         (9) The department shall renew a certificate of
  722  authorization upon receipt of the renewal application and
  723  biennial renewal fee.
  724         (7)(10) Each qualifying agent approved to qualify a
  725  business organization partnership, limited liability company,
  726  and corporation certified under this section shall notify the
  727  department within 30 days of any change in the information
  728  contained in the application upon which the qualification
  729  certification is based. Any registered architect or interior
  730  designer who qualifies the business organization shall ensure
  731  corporation, limited liability company, or partnership as
  732  provided in subsection (7) shall be responsible for ensuring
  733  responsible supervising control of projects of the business
  734  organization entity and upon termination of her or his
  735  employment with a business organization qualified partnership,
  736  limited liability company, or corporation certified under this
  737  section shall notify the department of the termination within 30
  738  days.
  739         (8) A licensed qualifying agent for a business organization
  740  is jointly and severally liable with the business organization
  741  for any damages resulting from the actions of the business
  742  organization.
  743         (9)(11)A business organization is not No corporation,
  744  limited liability company, or partnership shall be relieved of
  745  responsibility for the conduct or acts of its agents, employees,
  746  or officers by reason of its compliance with this section.
  747  However, except as provided in s. 558.0035, the architect who
  748  signs and seals the construction documents and instruments of
  749  service is shall be liable for the professional services
  750  performed, and the interior designer who signs and seals the
  751  interior design drawings, plans, or specifications is shall be
  752  liable for the professional services performed.
  753         (12) Disciplinary action against a corporation, limited
  754  liability company, or partnership shall be administered in the
  755  same manner and on the same grounds as disciplinary action
  756  against a registered architect or interior designer,
  757  respectively.
  758         (10)(13)Nothing in This section may not shall be construed
  759  to mean that a certificate of registration to practice
  760  architecture or interior design must shall be held by a business
  761  organization corporation, limited liability company, or
  762  partnership. Nothing in This section does not prohibit prohibits
  763  corporations, limited liability companies, and partnerships from
  764  joining together to offer architectural, engineering, interior
  765  design, surveying and mapping, and landscape architectural
  766  services, or any combination of such services, to the public if,
  767  provided that each corporation, limited liability company, or
  768  partnership otherwise meets the requirements of law.
  769         (11)(14)A business organization that is qualified by a
  770  registered architect may Corporations, limited liability
  771  companies, or partnerships holding a valid certificate of
  772  authorization to practice architecture shall be permitted to use
  773  in their title the term “interior designer” or “registered
  774  interior designer” in its title. designer.
  775         Section 32. Subsection (10) of section 481.221, Florida
  776  Statutes, is amended to read:
  777         481.221 Seals; display of certificate number.—
  778         (10) Each registered architect or interior designer or
  779  qualifying agent of a business organization must, and each
  780  corporation, limited liability company, or partnership holding a
  781  certificate of authorization, shall include her or his license
  782  its certificate number in any newspaper, telephone directory, or
  783  other advertising medium used by the registered architect or,
  784  interior designer, or business organization corporation, limited
  785  liability company, or partnership. A business organization
  786  corporation, limited liability company, or partnership is not
  787  required to display the certificate number of individual
  788  registered architects or interior designers employed by or
  789  working within the business organization corporation, limited
  790  liability company, or partnership.
  791         Section 33. Paragraphs (a) and (c) of subsection (5) of
  792  section 481.229, Florida Statutes, are amended to read:
  793         481.229 Exceptions; exemptions from licensure.—
  794         (5)(a) Nothing contained in This part does not prohibit
  795  shall prevent a registered architect or a qualified business
  796  organization partnership, limited liability company, or
  797  corporation holding a valid certificate of authorization to
  798  provide architectural services from performing any interior
  799  design service or from using the title “interior designer” or
  800  “registered interior designer.”
  801         (c) Notwithstanding any other provision of this part, a
  802  registered architect or qualified business organization
  803  certified any corporation, partnership, or person operating
  804  under a fictitious name which holds a certificate of
  805  authorization to provide architectural services must shall be
  806  qualified, without fee, for a certificate of authorization to
  807  provide interior design services upon submission of a completed
  808  application for qualification therefor. For corporations,
  809  partnerships, and persons operating under a fictitious name
  810  which hold a certificate of authorization to provide interior
  811  design services, satisfaction of the requirements for renewal of
  812  the certificate of authorization to provide architectural
  813  services under s. 481.219 shall be deemed to satisfy the
  814  requirements for renewal of the certificate of authorization to
  815  provide interior design services under that section.
  816         Section 34. Section 481.303, Florida Statutes, is reordered
  817  and amended to read:
  818         481.303 Definitions.—As used in this chapter, the term:
  819         (1) “Board” means the Board of Landscape Architecture.
  820         (3)(2) “Department” means the Department of Business and
  821  Professional Regulation.
  822         (6)(3) “Registered landscape architect” means a person who
  823  holds a license to practice landscape architecture in this state
  824  under the authority of this act.
  825         (2)(4) “Certificate of registration” means a license issued
  826  by the department to a natural person to engage in the practice
  827  of landscape architecture.
  828         (5) “Certificate of authorization” means a license issued
  829  by the department to a corporation or partnership to engage in
  830  the practice of landscape architecture.
  831         (4)(6) “Landscape architecture” means professional
  832  services, including, but not limited to, the following:
  833         (a) Consultation, investigation, research, planning,
  834  design, preparation of drawings, specifications, contract
  835  documents and reports, responsible construction supervision, or
  836  landscape management in connection with the planning and
  837  development of land and incidental water areas, including the
  838  use of Florida-friendly landscaping as defined in s. 373.185,
  839  where, and to the extent that, the dominant purpose of such
  840  services or creative works is the preservation, conservation,
  841  enhancement, or determination of proper land uses, natural land
  842  features, ground cover and plantings, or naturalistic and
  843  aesthetic values;
  844         (b) The determination of settings, grounds, and approaches
  845  for and the siting of buildings and structures, outdoor areas,
  846  or other improvements;
  847         (c) The setting of grades, shaping and contouring of land
  848  and water forms, determination of drainage, and provision for
  849  storm drainage and irrigation systems where such systems are
  850  necessary to the purposes outlined herein; and
  851         (d) The design of such tangible objects and features as are
  852  necessary to the purpose outlined herein.
  853         (5)(7) “Landscape design” means consultation for and
  854  preparation of planting plans drawn for compensation, including
  855  specifications and installation details for plant materials,
  856  soil amendments, mulches, edging, gravel, and other similar
  857  materials. Such plans may include only recommendations for the
  858  conceptual placement of tangible objects for landscape design
  859  projects. Construction documents, details, and specifications
  860  for tangible objects and irrigation systems shall be designed or
  861  approved by licensed professionals as required by law.
  862         Section 35. Subsection (5) of section 481.321, Florida
  863  Statutes, is amended to read:
  864         481.321 Seals; display of certificate number.—
  865         (5) Each registered landscape architect must and each
  866  corporation or partnership holding a certificate of
  867  authorization shall include her or his its certificate number in
  868  any newspaper, telephone directory, or other advertising medium
  869  used by the registered landscape architect, corporation, or
  870  partnership. A corporation or partnership must is not required
  871  to display the certificate number numbers of at least one
  872  officer, director, owner, or partner who is a individual
  873  registered landscape architect architects employed by or
  874  practicing with the corporation or partnership.
  875         Section 36. Subsection (4) of section 481.311, Florida
  876  Statutes, is amended to read:
  877         481.311 Licensure.—
  878         (4) The board shall certify as qualified for a certificate
  879  of authorization any applicant corporation or partnership who
  880  satisfies the requirements of s. 481.319.
  881         Section 37. Subsection (2) of section 481.317, Florida
  882  Statutes, is amended to read:
  883         481.317 Temporary certificates.—
  884         (2) Upon approval by the board and payment of the fee set
  885  in s. 481.307, the department shall grant a temporary
  886  certificate of authorization for work on one specified project
  887  in this state for a period not to exceed 1 year to an out-of
  888  state corporation, partnership, or firm, provided one of the
  889  principal officers of the corporation, one of the partners of
  890  the partnership, or one of the principals in the fictitiously
  891  named firm has obtained a temporary certificate of registration
  892  in accordance with subsection (1).
  893         Section 38. Section 481.319, Florida Statutes, is amended
  894  to read:
  895         481.319 Corporate and partnership practice of landscape
  896  architecture; certificate of authorization.—
  897         (1) The practice of or offer to practice landscape
  898  architecture by registered landscape architects registered under
  899  this part through a corporation or partnership offering
  900  landscape architectural services to the public, or through a
  901  corporation or partnership offering landscape architectural
  902  services to the public through individual registered landscape
  903  architects as agents, employees, officers, or partners, is
  904  permitted, subject to the provisions of this section, if:
  905         (a) One or more of the principal officers of the
  906  corporation, or partners of the partnership, and all personnel
  907  of the corporation or partnership who act in its behalf as
  908  landscape architects in this state are registered landscape
  909  architects; and
  910         (b) One or more of the officers, one or more of the
  911  directors, one or more of the owners of the corporation, or one
  912  or more of the partners of the partnership is a registered
  913  landscape architect; and
  914         (c) The corporation or partnership has been issued a
  915  certificate of authorization by the board as provided herein.
  916         (2) All documents involving the practice of landscape
  917  architecture which are prepared for the use of the corporation
  918  or partnership shall bear the signature and seal of a registered
  919  landscape architect.
  920         (3) A landscape architect applying to practice in the name
  921  of a An applicant corporation must shall file with the
  922  department the names and addresses of all officers and board
  923  members of the corporation, including the principal officer or
  924  officers, duly registered to practice landscape architecture in
  925  this state and, also, of all individuals duly registered to
  926  practice landscape architecture in this state who shall be in
  927  responsible charge of the practice of landscape architecture by
  928  the corporation in this state. A landscape architect applying to
  929  practice in the name of a An applicant partnership must shall
  930  file with the department the names and addresses of all partners
  931  of the partnership, including the partner or partners duly
  932  registered to practice landscape architecture in this state and,
  933  also, of an individual or 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  said partnership in this state.
  937         (4) Each landscape architect qualifying a partnership or
  938  and corporation licensed under this part must shall notify the
  939  department within 1 month of any change in the information
  940  contained in the application upon which the license is based.
  941  Any landscape architect who terminates her or his or her
  942  employment with a partnership or corporation licensed under this
  943  part shall notify the department of the termination within 1
  944  month.
  945         (5) Disciplinary action against a corporation or
  946  partnership shall be administered in the same manner and on the
  947  same grounds as disciplinary action against a registered
  948  landscape architect.
  949         (6) Except as provided in s. 558.0035, the fact that a
  950  registered landscape architect practices landscape architecture
  951  through a corporation or partnership as provided in this section
  952  does not relieve the landscape architect from personal liability
  953  for her or his or her professional acts.
  954         Section 39. Subsection (5) of section 481.329, Florida
  955  Statutes, is amended to read:
  956         481.329 Exceptions; exemptions from licensure.—
  957         (5) This part does not prohibit any person from engaging in
  958  the practice of landscape design, as defined in s. 481.303(5) s.
  959  481.303(7), or from submitting for approval to a governmental
  960  agency planting plans that are independent of, or a component
  961  of, construction documents that are prepared by a Florida
  962  registered professional. Persons providing landscape design
  963  services shall not use the title, term, or designation
  964  “landscape architect,” “landscape architectural,” “landscape
  965  architecture,” “L.A.,” “landscape engineering,” or any
  966  description tending to convey the impression that she or he is a
  967  landscape architect unless she or he is registered as provided
  968  in this part.
  969         Section 40. Subsection (14) of section 489.503, Florida
  970  Statutes, is amended, and subsection (24) is added to that
  971  section, to read:
  972         489.503 Exemptions.—This part does not apply to:
  973         (14) The sale of, installation of, repair of, alteration
  974  of, addition to, or design of electrical wiring, fixtures,
  975  appliances, thermostats, apparatus, raceways, computers,
  976  customer premises equipment, customer premises wiring, and
  977  conduit, or any part thereof, by an employee, contractor,
  978  subcontractor, or affiliate of a company operating under a
  979  certificate issued under chapter 364 or chapter 610, or under a
  980  local franchise or right-of-way agreement, if those items are
  981  for the purpose of transmitting data, voice, video, or other
  982  communications, or commands as part of a cable television,
  983  community antenna television, radio distribution,
  984  communications, or telecommunications system. An employee,
  985  subcontractor, contractor, or affiliate of a company that
  986  operates under a certificate issued under chapter 364 or chapter
  987  610, or under a local franchise or right-of-way agreement, is
  988  not subject to any local ordinance that requires a permit for
  989  work related to low-voltage electrical work, including related
  990  technical codes, regulations, and licensure. The scope of this
  991  exemption is limited to electrical circuits and equipment
  992  governed by the applicable provisions of Articles 725 (Classes 2
  993  and 3 circuits only), 770, 800, 810, and 820 of the National
  994  Electrical Code, current edition, or 47 C.F.R. part 68, and
  995  employees, contractors, and subcontractors of companies, and
  996  affiliates thereof, operating under a certificate issued under
  997  chapter 364 or chapter 610 or under a local franchise or right
  998  of-way agreement. This subsection does not relieve any person
  999  from licensure as an alarm system contractor.
 1000         (24) A person who installs low-voltage landscape lighting
 1001  that contains a factory-installed electrical cord with a plug
 1002  and does not require installation, wiring, or a modification to
 1003  the electrical wiring in a structure.
 1004         Section 41. Present paragraphs (a) through (e) of
 1005  subsection (2) of section 489.518, Florida Statutes, are
 1006  redesignated as paragraphs (b) through (f), respectively, and a
 1007  new paragraph (a) is added to that subsection, to read:
 1008         489.518 Alarm system agents.—
 1009         (2)(a) A person who performs only sales or installations of
 1010  wireless alarm systems, other than fire alarm systems, in a
 1011  single-family residence is not required to complete the initial
 1012  training required for burglar alarm system agents.
 1013         Section 42. Section 492.111, Florida Statutes, is amended
 1014  to read:
 1015         492.111 Practice of professional geology by a firm,
 1016  corporation, or partnership; certificate of authorization.—The
 1017  practice of, or offer to practice, professional geology by
 1018  individual professional geologists licensed under the provisions
 1019  of this chapter through a firm, corporation, or partnership
 1020  offering geological services to the public through individually
 1021  licensed professional geologists as agents, employees, officers,
 1022  or partners thereof is permitted subject to the provisions of
 1023  this chapter, if provided that:
 1024         (1) At all times that it offers geological services to the
 1025  public, the firm, corporation, or partnership is qualified by
 1026  has on file with the department the name and license number of
 1027  one or more individuals who hold a current, active license as a
 1028  professional geologist in the state and are serving as a
 1029  geologist of record for the firm, corporation, or partnership. A
 1030  geologist of record may be any principal officer or employee of
 1031  such firm or corporation, or any partner or employee of such
 1032  partnership, who holds a current, active license as a
 1033  professional geologist in this state, or any other Florida
 1034  licensed professional geologist with whom the firm, corporation,
 1035  or partnership has entered into a long-term, ongoing
 1036  relationship, as defined by rule of the board, to serve as one
 1037  of its geologists of record. It shall be the responsibility of
 1038  the firm, corporation, or partnership and The geologist of
 1039  record shall to notify the department of any changes in the
 1040  relationship or identity of that geologist of record within 30
 1041  days after such change.
 1042         (2) The firm, corporation, or partnership has been issued a
 1043  certificate of authorization by the department as provided in
 1044  this chapter. For purposes of this section, a certificate of
 1045  authorization shall be required of any firm, corporation,
 1046  partnership, association, or person practicing under a
 1047  fictitious name and offering geological services to the public;
 1048  except that, when an individual is practicing professional
 1049  geology in her or his own name, she or he shall not be required
 1050  to obtain a certificate of authorization under this section.
 1051  Such certificate of authorization shall be renewed every 2
 1052  years.
 1053         (3) All final geological papers or documents involving the
 1054  practice of the profession of geology which have been prepared
 1055  or approved for the use of such firm, corporation, or
 1056  partnership, for delivery to any person for public record with
 1057  the state, shall be dated and bear the signature and seal of the
 1058  professional geologist or professional geologists who prepared
 1059  or approved them.
 1060         (3)(4) Except as provided in s. 558.0035, the fact that a
 1061  licensed professional geologist practices through a corporation
 1062  or partnership does not relieve the registrant from personal
 1063  liability for negligence, misconduct, or wrongful acts committed
 1064  by her or him. The partnership and all partners are jointly and
 1065  severally liable for the negligence, misconduct, or wrongful
 1066  acts committed by their agents, employees, or partners while
 1067  acting in a professional capacity. Any officer, agent, or
 1068  employee of a corporation is personally liable and accountable
 1069  only for negligent acts, wrongful acts, or misconduct committed
 1070  by her or him or committed by any person under her or his direct
 1071  supervision and control, while rendering professional services
 1072  on behalf of the corporation. The personal liability of a
 1073  shareholder of a corporation, in her or his capacity as
 1074  shareholder, may be no greater than that of a shareholder
 1075  employee of a corporation incorporated under chapter 607. The
 1076  corporation is liable up to the full value of its property for
 1077  any negligent acts, wrongful acts, or misconduct committed by
 1078  any of its officers, agents, or employees while they are engaged
 1079  on behalf of the corporation in the rendering of professional
 1080  services.
 1081         (5) The firm, corporation, or partnership desiring a
 1082  certificate of authorization shall file with the department an
 1083  application therefor, upon a form to be prescribed by the
 1084  department, accompanied by the required application fee.
 1085         (6) The department may refuse to issue a certificate of
 1086  authorization if any facts exist which would entitle the
 1087  department to suspend or revoke an existing certificate of
 1088  authorization or if the department, after giving persons
 1089  involved a full and fair hearing, determines that any of the
 1090  officers or directors of said firm or corporation, or partners
 1091  of said partnership, have violated the provisions of s. 492.113.
 1092         Section 43. Section 492.104, Florida Statutes, is amended
 1093  to read:
 1094         492.104 Rulemaking authority.—The Board of Professional
 1095  Geologists may has authority to adopt rules pursuant to ss.
 1096  120.536(1) and 120.54 to implement this chapter. Every licensee
 1097  shall be governed and controlled by this chapter and the rules
 1098  adopted by the board. The board may establish is authorized to
 1099  set, by rule, fees for application, examination, certificate of
 1100  authorization, late renewal, initial licensure, and license
 1101  renewal. These fees may should not exceed the cost of
 1102  implementing the application, examination, initial licensure,
 1103  and license renewal or other administrative process and are
 1104  shall be established as follows:
 1105         (1) The application fee may shall not exceed $150 and is
 1106  shall be nonrefundable.
 1107         (2) The examination fee may shall not exceed $250, and the
 1108  fee may be apportioned to each part of a multipart examination.
 1109  The examination fee shall be refundable in whole or part if the
 1110  applicant is found to be ineligible to take any portion of the
 1111  licensure examination.
 1112         (3) The initial license fee may shall not exceed $100.
 1113         (4) The biennial renewal fee may shall not exceed $150.
 1114         (5) The fee for a certificate of authorization shall not
 1115  exceed $350 and the fee for renewal of the certificate shall not
 1116  exceed $350.
 1117         (6) The fee for reactivation of an inactive license may
 1118  shall not exceed $50.
 1119         (6)(7) The fee for a provisional license may shall not
 1120  exceed $400.
 1121         (7)(8) The fee for application, examination, and licensure
 1122  for a license by endorsement is shall be as provided in this
 1123  section for licenses in general.
 1124         Section 44. Subsection (4) of section 492.113, Florida
 1125  Statutes, is amended to read:
 1126         492.113 Disciplinary proceedings.—
 1127         (4) The department shall reissue the license of a
 1128  disciplined professional geologist or business upon
 1129  certification by the board that the disciplined person has
 1130  complied with all of the terms and conditions set forth in the
 1131  final order.
 1132         Section 45. Section 492.115, Florida Statutes, is amended
 1133  to read:
 1134         492.115 Roster of licensed professional geologists.—A
 1135  roster showing the names and places of business or residence of
 1136  all licensed professional geologists and all properly qualified
 1137  firms, corporations, or partnerships practicing holding
 1138  certificates of authorization to practice professional geology
 1139  in the state shall be prepared annually by the department. A
 1140  copy of this roster must be made available to shall be
 1141  obtainable by each licensed professional geologist and each
 1142  firm, corporation, or partnership qualified by a professional
 1143  geologist holding a certificate of authorization, and copies
 1144  thereof shall be placed on file with the department.
 1145         Section 46. This act shall take effect July 1, 2016.