Florida Senate - 2016                             CS for SB 1050
       
       
        
       By the Committee on Regulated Industries; and Senator Brandes
       
       580-02951-16                                          20161050c1
    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         477.0132, F.S.; excluding the practices of hair
   48         wrapping and body wrapping from regulation under the
   49         Florida Cosmetology Act; amending s. 477.0135, F.S.;
   50         providing that a license or registration is not
   51         required for a person whose occupation or practice is
   52         confined solely to adding polish to nails or solely to
   53         hair wrapping or body wrapping; amending ss. 477.019,
   54         477.026, 477.0265, and 477.029, F.S.; conforming
   55         provisions to changes made by the act; amending s.
   56         481.203, F.S.; defining the term “business
   57         organization”; deleting the definition of the term
   58         “certificate of authorization”; amending s. 481.219,
   59         F.S.; revising the process by which a business
   60         organization obtains the requisite license to perform
   61         architectural services; requiring that a licensee or
   62         an applicant apply to qualify a business organization
   63         under certain circumstances; specifying application
   64         requirements; authorizing the Board of Architecture
   65         and Interior Design to deny an application under
   66         certain circumstances; requiring that a qualifying
   67         agent be a registered architect or a registered
   68         interior designer under certain circumstances;
   69         requiring that a qualifying agent notify the
   70         department when she or he ceases to be affiliated with
   71         a business organization; prohibiting a business
   72         organization from engaging in certain practices until
   73         it is qualified by a qualifying agent; authorizing a
   74         business organization to proceed with specified
   75         contracts under a temporary certificate in certain
   76         circumstances; defining the term “incomplete
   77         contract”; requiring the qualifying agent to give
   78         written notice to the department before engaging in
   79         practice under her or his own name or in affiliation
   80         with another business organization; requiring the
   81         board to certify an applicant to qualify one or more
   82         business organizations or to operate using a
   83         fictitious name under certain circumstances;
   84         conforming provisions to changes made by the act;
   85         amending ss. 481.221 and 481.229, F.S.; conforming
   86         provisions to changes made by the act; reordering and
   87         amending s. 481.303, F.S.; deleting the term
   88         “certificate of authorization”; amending s. 481.321,
   89         F.S.; revising provisions that require persons to
   90         display certificate numbers under certain
   91         circumstances; conforming provisions to changes made
   92         by the act; amending ss. 481.311, 481.317, and
   93         481.319, F.S.; conforming provisions to changes made
   94         by the act; amending s. 481.329, F.S.; conforming a
   95         cross-reference; amending s. 489.503, F.S.; deleting
   96         an exemption from regulation for certain persons;
   97         exempting a person who installs certain low-voltage
   98         landscape lighting from specified requirements;
   99         amending s. 489.518, F.S.; exempting certain persons
  100         from initial training for burglar alarm system agents;
  101         providing an effective date.
  102          
  103  Be It Enacted by the Legislature of the State of Florida:
  104  
  105         Section 1. Subsection (13) of section 326.004, Florida
  106  Statutes, is amended to read:
  107         326.004 Licensing.—
  108         (13) Each broker must maintain a principal place of
  109  business in this state and may establish branch offices in the
  110  state. A separate license must be maintained for each branch
  111  office. The division shall establish by rule a fee not to exceed
  112  $100 for each branch office license.
  113         Section 2. Subsection (3) of section 447.02, Florida
  114  Statutes, is amended to read:
  115         447.02 Definitions.—The following terms, when used in this
  116  chapter, shall have the meanings ascribed to them in this
  117  section:
  118         (3) The term “department” means the Department of Business
  119  and Professional Regulation.
  120         Section 3. Section 447.04, Florida Statutes, is repealed.
  121         Section 4. Section 447.041, Florida Statutes, is repealed.
  122         Section 5. Section 447.045, Florida Statutes, is repealed.
  123         Section 6. Section 447.06, Florida Statutes, is repealed.
  124         Section 7. Subsections (6) and (8) of section 447.09,
  125  Florida Statutes, are amended to read:
  126         447.09 Right of franchise preserved; penalties.—It shall be
  127  unlawful for any person:
  128         (6) To act as a business agent without having obtained and
  129  possessing a valid and subsisting license or permit.
  130         (8) To make any false statement in an application for a
  131  license.
  132         Section 8. Section 447.12, Florida Statutes, is repealed.
  133         Section 9. Section 447.16, Florida Statutes, is repealed.
  134         Section 10. Part VII of chapter 468, Florida Statutes,
  135  consisting of ss. 468.401, 468.402, 468.403, 468.404, 468.405,
  136  468.406, 468.407, 468.408, 468.409, 468.410, 468.411, 468.412,
  137  468.413, 468.414, and 468.415, is repealed.
  138         Section 11. Section 468.451, Florida Statutes, is amended
  139  to read:
  140         468.451 Legislative findings and intent.—The Legislature
  141  finds that dishonest or unscrupulous practices by agents who
  142  solicit representation of student athletes can cause significant
  143  harm to student athletes and the academic institutions for which
  144  they play. It is the intent of the Legislature to provide civil
  145  and criminal causes of action against athlete agents to protect
  146  the interests of student athletes and academic institutions by
  147  regulating the activities of athlete agents.
  148         Section 12. Subsections (4) through (7) of section 468.452,
  149  Florida Statutes, are reordered and amended to read:
  150         468.452 Definitions.—For purposes of this part, the term:
  151         (4) “Department” means the Department of Business and
  152  Professional Regulation.
  153         (6)(5) “Student athlete” means any student who:
  154         (a) Resides in Florida, has informed, in writing, a college
  155  or university of the student’s intent to participate in that
  156  school’s intercollegiate athletics, or who does participate in
  157  that school’s intercollegiate athletics and is eligible to do
  158  so; or
  159         (b) Does not reside in Florida, but has informed, in
  160  writing, a college or university in Florida of the student’s
  161  intent to participate in that school’s intercollegiate
  162  athletics, or who does participate in that school’s
  163  intercollegiate athletics and is eligible to do so.
  164         (4)(6) “Financial services” means the counseling on or the
  165  making or execution of investment and other financial decisions
  166  by the agent on behalf of the student athlete.
  167         (5)(7) “Participation” means practicing, competing, or
  168  otherwise representing a college or university in
  169  intercollegiate athletics.
  170         Section 13. Section 468.453, Florida Statutes, is repealed.
  171         Section 14. Section 468.4536, Florida Statutes, is
  172  repealed.
  173         Section 15. Subsections (2) and (12) of section 468.454,
  174  Florida Statutes, are amended to read:
  175         468.454 Contracts.—
  176         (2) An agent contract must state:
  177         (a) The amount and method of calculating the consideration
  178  to be paid by the student athlete for services to be provided by
  179  the athlete agent and any other consideration the agent has
  180  received or will receive from any other source under the
  181  contract;
  182         (b) The name of any person not listed in the licensure
  183  application who will be compensated because the student athlete
  184  signed the agent contract;
  185         (c) A description of any expenses that the student athlete
  186  agrees to reimburse;
  187         (d) A description of the services to be provided to the
  188  student athlete;
  189         (e) The duration of the contract; and
  190         (f) The date of execution.
  191         (12) An agent contract between a student athlete and a
  192  person not licensed under this part is void and unenforceable.
  193         Section 16. Section 468.456, Florida Statutes, is repealed.
  194         Section 17. Section 468.4561, Florida Statutes, is
  195  repealed.
  196         Section 18. Section 468.45615, Florida Statutes, is amended
  197  to read:
  198         468.45615 Provision of illegal inducements to athletes
  199  prohibited; penalties; license suspension.—
  200         (1) A Any person who offers anything of value to another
  201  person to induce a student athlete to enter into an agreement by
  202  which the athlete agent will represent the student athlete
  203  commits violates s. 468.456(1)(f) is guilty of a felony of the
  204  second degree, punishable as provided in s. 775.082, s. 775.083,
  205  s. 775.084, s. 775.089, or s. 775.091. Negotiations regarding an
  206  athlete agent’s fee are not considered an inducement.
  207         (2)(a) Regardless of whether adjudication is withheld, any
  208  person convicted or found guilty of, or entering a plea of nolo
  209  contendere to, the violation described in subsection (1) may
  210  shall not employ, utilize, or otherwise collaborate with an a
  211  licensed or unlicensed athlete agent in Florida to illegally
  212  recruit or solicit student athletes. Any person who violates the
  213  provisions of this subsection is guilty of a felony of the
  214  second degree, punishable as provided in s. 775.082, s. 775.083,
  215  s. 775.084, s. 775.089, or s. 775.091.
  216         (b) Regardless of whether adjudication is withheld, any
  217  person who knowingly actively assists in the illegal recruitment
  218  or solicitation of student athletes for a person who has been
  219  convicted or found guilty of, or entered a plea of nolo
  220  contendere to, a violation of this section is guilty of a felony
  221  of the second degree, punishable as provided in s. 775.082, s.
  222  775.083, s. 775.084, s. 775.089, or s. 775.091.
  223         (3) In addition to any other penalties provided in this
  224  section, the court may suspend the license of the person pending
  225  the outcome of any administrative action against the person by
  226  the department.
  227         (3)(4)(a) An athlete agent, with the intent to induce a
  228  student athlete to enter into an agent contract, may not:
  229         1. Give any materially false or misleading information or
  230  make a materially false promise or representation;
  231         2. Furnish anything of value to a student athlete before
  232  the student athlete enters into the agent contract; or
  233         3. Furnish anything of value to any individual other than
  234  the student athlete or another athlete agent.
  235         (b) An athlete agent may not intentionally:
  236         1. Initiate contact with a student athlete unless licensed
  237  under this part;
  238         2. Refuse or fail to retain or permit inspection of the
  239  records required to be retained by s. 468.4565;
  240         3. Provide materially false or misleading information in an
  241  application for licensure;
  242         2.4. Predate or postdate an agent contract;
  243         3.5. Fail to give notice of the existence of an agent
  244  contract as required by s. 468.454(6); or
  245         4.6. Fail to notify a student athlete before the student
  246  athlete signs or otherwise authenticates an agent contract for a
  247  sport that the signing or authentication may make the student
  248  athlete ineligible to participate as a student athlete in that
  249  sport.
  250         (c) An athlete agent who violates this subsection commits a
  251  felony of the second degree, punishable as provided in s.
  252  775.082, s. 775.083, or s. 775.084.
  253         Section 19. Section 468.4565, Florida Statutes, is amended
  254  to read:
  255         468.4565 Business records requirement.—
  256         (1) An athlete agent shall establish and maintain complete
  257  financial and business records. The athlete agent shall save
  258  each entry into a financial or business record for at least 5
  259  years after from the date of entry. These records must include:
  260         (1)(a) The name and address of each individual represented
  261  by the athlete agent;
  262         (2)(b) Any agent contract entered into by the athlete
  263  agent; and
  264         (3)(c) Any direct costs incurred by the athlete agent in
  265  the recruitment or solicitation of a student athlete to enter
  266  into an agent contract.
  267         (2) The department shall have access to and shall have the
  268  right to inspect and examine the financial or business records
  269  of an athlete agent during normal business hours. Refusal or
  270  failure of an athlete agent to provide the department access to
  271  financial and business records shall be the basis for
  272  disciplinary action by the department pursuant to s. 455.225.
  273  The department may exercise its subpoena powers to obtain the
  274  financial and business records of an athlete agent.
  275         Section 20. Section 468.457, Florida Statutes, is repealed.
  276         Section 21. Paragraphs (a) and (e) of subsection (2),
  277  subsection (3), paragraph (b) of subsection (4), and subsection
  278  (6) of section 469.006, Florida Statutes, are amended to read:
  279         469.006 Licensure of business organizations; qualifying
  280  agents.—
  281         (2)(a) If the applicant proposes to engage in consulting or
  282  contracting as a partnership, corporation, business trust, or
  283  other legal entity, or in any name other than the applicant’s
  284  legal name, the legal entity must apply for licensure through a
  285  qualifying agent or the individual applicant must apply for
  286  licensure under the name of the business organization fictitious
  287  name.
  288         (e) A The license, when issued upon application of a
  289  business organization, must be in the name of the qualifying
  290  agent business organization, and the name of the business
  291  organization qualifying agent must be noted on the license
  292  thereon. If there is a change in any information that is
  293  required to be stated on the application, the qualifying agent
  294  business organization shall, within 45 days after such change
  295  occurs, mail the correct information to the department.
  296         (3) The qualifying agent must shall be licensed under this
  297  chapter in order for the business organization to be qualified
  298  licensed in the category of the business conducted for which the
  299  qualifying agent is licensed. If any qualifying agent ceases to
  300  be affiliated with such business organization, the agent shall
  301  so inform the department. In addition, if such qualifying agent
  302  is the only licensed individual affiliated with the business
  303  organization, the business organization shall notify the
  304  department of the termination of the qualifying agent and has
  305  shall have 60 days after from the date of termination of the
  306  qualifying agent’s affiliation with the business organization in
  307  which to employ another qualifying agent. The business
  308  organization may not engage in consulting or contracting until a
  309  qualifying agent is employed, unless the department has granted
  310  a temporary nonrenewable license to the financially responsible
  311  officer, the president, the sole proprietor, a partner, or, in
  312  the case of a limited partnership, the general partner, who
  313  assumes all responsibilities of a primary qualifying agent for
  314  the entity. This temporary license only allows shall only allow
  315  the entity to proceed with incomplete contracts.
  316         (4)
  317         (b) Upon a favorable determination by the department, after
  318  investigation of the financial responsibility, credit, and
  319  business reputation of the qualifying agent and the new business
  320  organization, the department shall issue, without any
  321  examination, a new license in the qualifying agent’s business
  322  organization’s name, and the name of the business organization
  323  qualifying agent shall be noted thereon.
  324         (6) Each qualifying agent shall pay the department an
  325  amount equal to the original fee for licensure of a new business
  326  organization. if the qualifying agent for a business
  327  organization desires to qualify additional business
  328  organizations., The department shall require the agent to
  329  present evidence of supervisory ability and financial
  330  responsibility of each such organization. Allowing a licensee to
  331  qualify more than one business organization must shall be
  332  conditioned upon the licensee showing that the licensee has both
  333  the capacity and intent to adequately supervise each business
  334  organization. The department may shall not limit the number of
  335  business organizations that which the licensee may qualify
  336  except upon the licensee’s failure to provide such information
  337  as is required under this subsection or upon a finding that the
  338  such information or evidence as is supplied is incomplete or
  339  unpersuasive in showing the licensee’s capacity and intent to
  340  comply with the requirements of this subsection. A qualification
  341  for an additional business organization may be revoked or
  342  suspended upon a finding by the department that the licensee has
  343  failed in the licensee’s responsibility to adequately supervise
  344  the operations of the business organization. Failure to
  345  adequately supervise the operations of a business organization
  346  is shall be grounds for denial to qualify additional business
  347  organizations.
  348         Section 22. Subsection (1) of section 469.009, Florida
  349  Statutes, is amended to read:
  350         469.009 License revocation, suspension, and denial of
  351  issuance or renewal.—
  352         (1) The department may revoke, suspend, or deny the
  353  issuance or renewal of a license; reprimand, censure, or place
  354  on probation any contractor, consultant, or financially
  355  responsible officer, or business organization; require financial
  356  restitution to a consumer; impose an administrative fine not to
  357  exceed $5,000 per violation; require continuing education; or
  358  assess costs associated with any investigation and prosecution
  359  if the contractor or consultant, or business organization or
  360  officer or agent thereof, is found guilty of any of the
  361  following acts:
  362         (a) Willfully or deliberately disregarding or violating the
  363  health and safety standards of the Occupational Safety and
  364  Health Act of 1970, the Construction Safety Act, the National
  365  Emission Standards for Asbestos, the Environmental Protection
  366  Agency Asbestos Abatement Projects Worker Protection Rule, the
  367  Florida Statutes or rules promulgated thereunder, or any
  368  ordinance enacted by a political subdivision of this state.
  369         (b) Violating any provision of chapter 455.
  370         (c) Failing in any material respect to comply with the
  371  provisions of this chapter or any rule promulgated hereunder.
  372         (d) Acting in the capacity of an asbestos contractor or
  373  asbestos consultant under any license issued under this chapter
  374  except in the name of the licensee as set forth on the issued
  375  license.
  376         (e) Proceeding on any job without obtaining all applicable
  377  approvals, authorizations, permits, and inspections.
  378         (f) Obtaining a license by fraud or misrepresentation.
  379         (g) Being convicted or found guilty of, or entering a plea
  380  of nolo contendere to, regardless of adjudication, a crime in
  381  any jurisdiction which directly relates to the practice of
  382  asbestos consulting or contracting or the ability to practice
  383  asbestos consulting or contracting.
  384         (h) Knowingly violating any building code, lifesafety code,
  385  or county or municipal ordinance relating to the practice of
  386  asbestos consulting or contracting.
  387         (i) Performing any act which assists a person or entity in
  388  engaging in the prohibited unlicensed practice of asbestos
  389  consulting or contracting, if the licensee knows or has
  390  reasonable grounds to know that the person or entity was
  391  unlicensed.
  392         (j) Committing mismanagement or misconduct in the practice
  393  of contracting that causes financial harm to a customer.
  394  Financial mismanagement or misconduct occurs when:
  395         1. Valid liens have been recorded against the property of a
  396  contractor’s customer for supplies or services ordered by the
  397  contractor for the customer’s job; the contractor has received
  398  funds from the customer to pay for the supplies or services; and
  399  the contractor has not had the liens removed from the property,
  400  by payment or by bond, within 75 days after the date of such
  401  liens;
  402         2. The contractor has abandoned a customer’s job and the
  403  percentage of completion is less than the percentage of the
  404  total contract price paid to the contractor as of the time of
  405  abandonment, unless the contractor is entitled to retain such
  406  funds under the terms of the contract or refunds the excess
  407  funds within 30 days after the date the job is abandoned; or
  408         3. The contractor’s job has been completed, and it is shown
  409  that the customer has had to pay more for the contracted job
  410  than the original contract price, as adjusted for subsequent
  411  change orders, unless such increase in cost was the result of
  412  circumstances beyond the control of the contractor, was the
  413  result of circumstances caused by the customer, or was otherwise
  414  permitted by the terms of the contract between the contractor
  415  and the customer.
  416         (k) Being disciplined by any municipality or county for an
  417  act or violation of this chapter.
  418         (l) Failing in any material respect to comply with the
  419  provisions of this chapter, or violating a rule or lawful order
  420  of the department.
  421         (m) Abandoning an asbestos abatement project in which the
  422  asbestos contractor is engaged or under contract as a
  423  contractor. A project may be presumed abandoned after 20 days if
  424  the contractor terminates the project without just cause and
  425  without proper notification to the owner, including the reason
  426  for termination; if the contractor fails to reasonably secure
  427  the project to safeguard the public while work is stopped; or if
  428  the contractor fails to perform work without just cause for 20
  429  days.
  430         (n) Signing a statement with respect to a project or
  431  contract falsely indicating that the work is bonded; falsely
  432  indicating that payment has been made for all subcontracted
  433  work, labor, and materials which results in a financial loss to
  434  the owner, purchaser, or contractor; or falsely indicating that
  435  workers’ compensation and public liability insurance are
  436  provided.
  437         (o) Committing fraud or deceit in the practice of asbestos
  438  consulting or contracting.
  439         (p) Committing incompetency or misconduct in the practice
  440  of asbestos consulting or contracting.
  441         (q) Committing gross negligence, repeated negligence, or
  442  negligence resulting in a significant danger to life or property
  443  in the practice of asbestos consulting or contracting.
  444         (r) Intimidating, threatening, coercing, or otherwise
  445  discouraging the service of a notice to owner under part I of
  446  chapter 713 or a notice to contractor under chapter 255 or part
  447  I of chapter 713.
  448         (s) Failing to satisfy, within a reasonable time, the terms
  449  of a civil judgment obtained against the licensee, or the
  450  business organization qualified by the licensee, relating to the
  451  practice of the licensee’s profession.
  452  
  453  For the purposes of this subsection, construction is considered
  454  to be commenced when the contract is executed and the contractor
  455  has accepted funds from the customer or lender.
  456         Section 23. Section 477.0132, Florida Statutes, is amended
  457  to read:
  458         477.0132 Hair braiding, hair wrapping, and body wrapping
  459  registration.—
  460         (1)(a) Persons whose occupation or practice is confined
  461  solely to hair braiding must register with the department, pay
  462  the applicable registration fee, and take a two-day 16-hour
  463  course. The course shall be board approved and consist of 5
  464  hours of HIV/AIDS and other communicable diseases, 5 hours of
  465  sanitation and sterilization, 4 hours of disorders and diseases
  466  of the scalp, and 2 hours of studies regarding laws affecting
  467  hair braiding.
  468         (b) Persons whose occupation or practice is confined solely
  469  to hair wrapping must register with the department, pay the
  470  applicable registration fee, and take a one-day 6-hour course.
  471  The course shall be board approved and consist of education in
  472  HIV/AIDS and other communicable diseases, sanitation and
  473  sterilization, disorders and diseases of the scalp, and studies
  474  regarding laws affecting hair wrapping.
  475         (c) Unless otherwise licensed or exempted from licensure
  476  under this chapter, any person whose occupation or practice is
  477  body wrapping must register with the department, pay the
  478  applicable registration fee, and take a two-day 12-hour course.
  479  The course shall be board approved and consist of education in
  480  HIV/AIDS and other communicable diseases, sanitation and
  481  sterilization, disorders and diseases of the skin, and studies
  482  regarding laws affecting body wrapping.
  483         (d) Only the board may review, evaluate, and approve a
  484  course required of an applicant for registration under this
  485  subsection in the occupation or practice of hair braiding, hair
  486  wrapping, or body wrapping. A provider of such a course is not
  487  required to hold a license under chapter 1005.
  488         (2) Hair braiding is, hair wrapping, and body wrapping are
  489  not required to be practiced in a cosmetology salon or specialty
  490  salon. When hair braiding, hair wrapping, or body wrapping is
  491  practiced outside a cosmetology salon or specialty salon,
  492  disposable implements must be used or all implements must be
  493  sanitized in a disinfectant approved for hospital use or
  494  approved by the federal Environmental Protection Agency.
  495         (3) Pending issuance of registration, a person is eligible
  496  to practice hair braiding, hair wrapping, or body wrapping upon
  497  submission of a registration application that includes proof of
  498  successful completion of the education requirements and payment
  499  of the applicable fees required by this chapter.
  500         Section 24. Subsections (7), (8), and (9) are added to
  501  section 477.0135, Florida Statutes, to read:
  502         477.0135 Exemptions.—
  503         (7) A license or registration is not required for a person
  504  whose occupation or practice is confined solely to adding polish
  505  to fingernails and toenails.
  506         (8) A license or registration is not required for a person
  507  whose occupation or practice is confined solely to hair wrapping
  508  as defined in s. 477.013(10).
  509         (9) A license or registration is not required for a person
  510  whose occupation or practice is confined solely to body wrapping
  511  as defined in s. 477.013(12).
  512         Section 25. Paragraph (b) of subsection (7) of section
  513  477.019, Florida Statutes, is amended to read:
  514         477.019 Cosmetologists; qualifications; licensure;
  515  supervised practice; license renewal; endorsement; continuing
  516  education.—
  517         (7)
  518         (b) Any person whose occupation or practice is confined
  519  solely to hair braiding, hair wrapping, or body wrapping is
  520  exempt from the continuing education requirements of this
  521  subsection.
  522         Section 26. Paragraph (f) of subsection (1) of section
  523  477.026, Florida Statutes, is amended to read:
  524         477.026 Fees; disposition.—
  525         (1) The board shall set fees according to the following
  526  schedule:
  527         (f) For hair braiders, hair wrappers, and body wrappers,
  528  fees for registration shall not exceed $25.
  529         Section 27. Paragraph (f) of subsection (1) of section
  530  477.0265, Florida Statutes, is amended to read:
  531         477.0265 Prohibited acts.—
  532         (1) It is unlawful for any person to:
  533         (f) Advertise or imply that skin care services or body
  534  wrapping, as performed under this chapter, have any relationship
  535  to the practice of massage therapy as defined in s. 480.033(3),
  536  except those practices or activities defined in s. 477.013.
  537         Section 28. Paragraph (a) of subsection (1) of section
  538  477.029, Florida Statutes, is amended to read:
  539         477.029 Penalty.—
  540         (1) It is unlawful for any person to:                    
  541         (a) Hold himself or herself out as a cosmetologist,
  542  specialist, or hair wrapper, hair braider, or body wrapper
  543  unless duly licensed or registered, or otherwise authorized, as
  544  provided in this chapter.
  545         Section 29. Subsection (5) of section 481.203, Florida
  546  Statutes, is amended to read:
  547         481.203 Definitions.—As used in this part:
  548         (5) “Business organization” means a partnership, a limited
  549  liability company, a corporation, or an individual operating
  550  under a fictitious name “Certificate of authorization” means a
  551  certificate issued by the department to a corporation or
  552  partnership to practice architecture or interior design.
  553         Section 30. Section 481.219, Florida Statutes, is amended
  554  to read:
  555         481.219 Business organization; qualifying agents
  556  Certification of partnerships, limited liability companies, and
  557  corporations.—
  558         (1) A licensee may The practice of or the offer to practice
  559  architecture or interior design by licensees through a business
  560  organization that offers corporation, limited liability company,
  561  or partnership offering architectural or interior design
  562  services to the public, or through by a business organization
  563  that offers corporation, limited liability company, or
  564  partnership offering architectural or interior design services
  565  to the public through such licensees under this part as agents,
  566  employees, officers, or partners, is permitted, subject to the
  567  provisions of this section.
  568         (2) If a licensee or an applicant proposes to engage in the
  569  practice of architecture or interior design as a business
  570  organization, the licensee or applicant must apply to qualify
  571  the business organization For the purposes of this section, a
  572  certificate of authorization shall be required for a
  573  corporation, limited liability company, partnership, or person
  574  practicing under a fictitious name, offering architectural
  575  services to the public jointly or separately. However, when an
  576  individual is practicing architecture in her or his own name,
  577  she or he shall not be required to be certified under this
  578  section. Certification under this subsection to offer
  579  architectural services shall include all the rights and
  580  privileges of certification under subsection (3) to offer
  581  interior design services.
  582         (a) An application to qualify a business organization must:
  583         1.If the business is a partnership, state the names of the
  584  partnership and its partners.
  585         2.If the business is a corporation, state the names of the
  586  corporation and its officers and directors and the name of each
  587  of its stockholders who is also an officer or a director.
  588         3.If the business is operating under a fictitious name,
  589  state the fictitious name under which it is doing business.
  590         4.If the business is not a partnership, a corporation, or
  591  operating under a fictitious name, state the name of such other
  592  legal entity and its members.
  593         (b) The board may deny an application to qualify a business
  594  organization if the applicant or any person required to be named
  595  pursuant to paragraph (a) has been involved in past disciplinary
  596  actions or on any grounds for which an individual registration
  597  or certification may be denied.
  598         (3)(a) A business organization may not engage in the
  599  practice of architecture unless its qualifying agent is a
  600  registered architect under this part. A business organization
  601  may not engage in the practice of interior design unless its
  602  qualifying agent is a registered architect or a registered
  603  interior designer under this part. A qualifying agent who
  604  terminates her or his affiliation with a business organization
  605  shall immediately notify the department of such termination. If
  606  the qualifying agent who terminates her or his affiliation is
  607  the only qualifying agent for a business organization, the
  608  business organization must be qualified by another qualifying
  609  agent within 60 days after the termination. Except as provided
  610  in paragraph (b), such a business organization may not engage in
  611  the practice of architecture or interior design until it is
  612  qualified by a qualifying agent.
  613         (b) The executive director or chair of the board may grant
  614  a temporary, nonrenewable certificate or registration to a
  615  licensee in supervising control, the president, a managing
  616  member, a partner, or, in the case of a limited partnership, the
  617  general partner for the purpose of allowing the business
  618  organization to begin or continue work required under an
  619  incomplete contract. Such person shall assume all of the
  620  responsibilities of a qualifying agent. For purposes of this
  621  paragraph, the term incomplete contract means a contract that
  622  has been awarded to, or entered into by, the business
  623  organization before the termination of affiliation of the
  624  qualifying agent with the business organization or a contract on
  625  which the business organization was the low bidder and that is
  626  subsequently awarded to the business organization, regardless of
  627  whether any actual work has commenced under the contract before
  628  termination of affiliation by the qualifying agent with the
  629  business organization.
  630         (c) A qualifying agent shall notify the department in
  631  writing before engaging in the practice of architecture or
  632  interior design in her or his own name or in affiliation with a
  633  different business organization, and she or he or such business
  634  organization shall supply the same information to the department
  635  as required of applicants under this part For the purposes of
  636  this section, a certificate of authorization shall be required
  637  for a corporation, limited liability company, partnership, or
  638  person operating under a fictitious name, offering interior
  639  design services to the public jointly or separately. However,
  640  when an individual is practicing interior design in her or his
  641  own name, she or he shall not be required to be certified under
  642  this section.
  643         (4) All final construction documents and instruments of
  644  service which include drawings, specifications, plans, reports,
  645  or other papers or documents that involve involving the practice
  646  of architecture which are prepared or approved for the use of
  647  the business organization corporation, limited liability
  648  company, or partnership and filed for public record within the
  649  state must shall bear the signature and seal of the licensee who
  650  prepared or approved them and the date on which they were
  651  sealed.
  652         (5) All drawings, specifications, plans, reports, or other
  653  papers or documents prepared or approved for the use of the
  654  business organization corporation, limited liability company, or
  655  partnership by an interior designer in her or his professional
  656  capacity and filed for public record within the state must shall
  657  bear the signature and seal of the licensee who prepared or
  658  approved them and the date on which they were sealed.
  659         (6) The department shall issue a certificate of
  660  authorization to any applicant who the board certifies as
  661  qualified for a certificate of authorization and who has paid
  662  the fee set in s. 481.207.
  663         (6)(7) The board shall allow certify an applicant to
  664  qualify one or more business organizations as qualified for a
  665  certificate of authorization to offer architectural or interior
  666  design services, or to use a fictitious name to offer such
  667  services, if one of the following criteria is met provided that:
  668         (a) One or more of the principal officers of the
  669  corporation or limited liability company, or one or more
  670  partners of the partnership, and all personnel of the
  671  corporation, limited liability company, or partnership who act
  672  in its behalf in this state as architects, are registered as
  673  provided by this part.; or
  674         (b) One or more of the principal officers of the
  675  corporation or one or more partners of the partnership, and all
  676  personnel of the corporation, limited liability company, or
  677  partnership who act in its behalf in this state as interior
  678  designers, are registered as provided by this part.
  679         (8) The department shall adopt rules establishing a
  680  procedure for the biennial renewal of certificates of
  681  authorization.
  682         (9) The department shall renew a certificate of
  683  authorization upon receipt of the renewal application and
  684  biennial renewal fee.
  685         (7)(10) Each qualifying agent approved to qualify a
  686  business organization partnership, limited liability company,
  687  and corporation certified under this section shall notify the
  688  department within 30 days of any change in the information
  689  contained in the application upon which the qualification
  690  certification is based. Any registered architect or interior
  691  designer who qualifies the business organization shall ensure
  692  corporation, limited liability company, or partnership as
  693  provided in subsection (7) shall be responsible for ensuring
  694  responsible supervising control of projects of the business
  695  organization entity and upon termination of her or his
  696  employment with a business organization qualified partnership,
  697  limited liability company, or corporation certified under this
  698  section shall notify the department of the termination within 30
  699  days.
  700         (8)(11)A business organization is not No corporation,
  701  limited liability company, or partnership shall be relieved of
  702  responsibility for the conduct or acts of its agents, employees,
  703  or officers by reason of its compliance with this section.
  704  However, except as provided in s. 558.0035, the architect who
  705  signs and seals the construction documents and instruments of
  706  service is shall be liable for the professional services
  707  performed, and the interior designer who signs and seals the
  708  interior design drawings, plans, or specifications is shall be
  709  liable for the professional services performed.
  710         (12) Disciplinary action against a corporation, limited
  711  liability company, or partnership shall be administered in the
  712  same manner and on the same grounds as disciplinary action
  713  against a registered architect or interior designer,
  714  respectively.
  715         (9)(13)Nothing in This section may not shall be construed
  716  to mean that a certificate of registration to practice
  717  architecture or interior design must shall be held by a business
  718  organization corporation, limited liability company, or
  719  partnership. Nothing in This section does not prohibit prohibits
  720  corporations, limited liability companies, and partnerships from
  721  joining together to offer architectural, engineering, interior
  722  design, surveying and mapping, and landscape architectural
  723  services, or any combination of such services, to the public if,
  724  provided that each corporation, limited liability company, or
  725  partnership otherwise meets the requirements of law.
  726         (10)(14)A business organization that is qualified by a
  727  registered architect may Corporations, limited liability
  728  companies, or partnerships holding a valid certificate of
  729  authorization to practice architecture shall be permitted to use
  730  in their title the term “interior designer” or “registered
  731  interior designer” in its title. designer.
  732         Section 31. Subsection (10) of section 481.221, Florida
  733  Statutes, is amended to read:
  734         481.221 Seals; display of certificate number.—
  735         (10) Each registered architect or interior designer or
  736  qualifying agent of a business organization must, and each
  737  corporation, limited liability company, or partnership holding a
  738  certificate of authorization, shall include her or his license
  739  its certificate number in any newspaper, telephone directory, or
  740  other advertising medium used by the registered architect or,
  741  interior designer, or business organization corporation, limited
  742  liability company, or partnership. A business organization
  743  corporation, limited liability company, or partnership is not
  744  required to display the certificate number of individual
  745  registered architects or interior designers employed by or
  746  working within the business organization corporation, limited
  747  liability company, or partnership.
  748         Section 32. Paragraphs (a) and (c) of subsection (5) of
  749  section 481.229, Florida Statutes, are amended to read:
  750         481.229 Exceptions; exemptions from licensure.—
  751         (5)(a) Nothing contained in This part does not prohibit
  752  shall prevent a registered architect or a qualified business
  753  organization partnership, limited liability company, or
  754  corporation holding a valid certificate of authorization to
  755  provide architectural services from performing any interior
  756  design service or from using the title “interior designer” or
  757  “registered interior designer.”
  758         (c) Notwithstanding any other provision of this part, a
  759  registered architect or qualified business organization
  760  certified any corporation, partnership, or person operating
  761  under a fictitious name which holds a certificate of
  762  authorization to provide architectural services must shall be
  763  qualified, without fee, for a certificate of authorization to
  764  provide interior design services upon submission of a completed
  765  application for qualification therefor. For corporations,
  766  partnerships, and persons operating under a fictitious name
  767  which hold a certificate of authorization to provide interior
  768  design services, satisfaction of the requirements for renewal of
  769  the certificate of authorization to provide architectural
  770  services under s. 481.219 shall be deemed to satisfy the
  771  requirements for renewal of the certificate of authorization to
  772  provide interior design services under that section.
  773         Section 33. Section 481.303, Florida Statutes, is reordered
  774  and amended to read:
  775         481.303 Definitions.—As used in this chapter, the term:
  776         (1) “Board” means the Board of Landscape Architecture.
  777         (3)(2) “Department” means the Department of Business and
  778  Professional Regulation.
  779         (6)(3) “Registered landscape architect” means a person who
  780  holds a license to practice landscape architecture in this state
  781  under the authority of this act.
  782         (2)(4) “Certificate of registration” means a license issued
  783  by the department to a natural person to engage in the practice
  784  of landscape architecture.
  785         (5) “Certificate of authorization” means a license issued
  786  by the department to a corporation or partnership to engage in
  787  the practice of landscape architecture.
  788         (4)(6) “Landscape architecture” means professional
  789  services, including, but not limited to, the following:
  790         (a) Consultation, investigation, research, planning,
  791  design, preparation of drawings, specifications, contract
  792  documents and reports, responsible construction supervision, or
  793  landscape management in connection with the planning and
  794  development of land and incidental water areas, including the
  795  use of Florida-friendly landscaping as defined in s. 373.185,
  796  where, and to the extent that, the dominant purpose of such
  797  services or creative works is the preservation, conservation,
  798  enhancement, or determination of proper land uses, natural land
  799  features, ground cover and plantings, or naturalistic and
  800  aesthetic values;
  801         (b) The determination of settings, grounds, and approaches
  802  for and the siting of buildings and structures, outdoor areas,
  803  or other improvements;
  804         (c) The setting of grades, shaping and contouring of land
  805  and water forms, determination of drainage, and provision for
  806  storm drainage and irrigation systems where such systems are
  807  necessary to the purposes outlined herein; and
  808         (d) The design of such tangible objects and features as are
  809  necessary to the purpose outlined herein.
  810         (5)(7) “Landscape design” means consultation for and
  811  preparation of planting plans drawn for compensation, including
  812  specifications and installation details for plant materials,
  813  soil amendments, mulches, edging, gravel, and other similar
  814  materials. Such plans may include only recommendations for the
  815  conceptual placement of tangible objects for landscape design
  816  projects. Construction documents, details, and specifications
  817  for tangible objects and irrigation systems shall be designed or
  818  approved by licensed professionals as required by law.
  819         Section 34. Subsection (5) of section 481.321, Florida
  820  Statutes, is amended to read:
  821         481.321 Seals; display of certificate number.—
  822         (5) Each registered landscape architect must and each
  823  corporation or partnership holding a certificate of
  824  authorization shall include her or his its certificate number in
  825  any newspaper, telephone directory, or other advertising medium
  826  used by the registered landscape architect, corporation, or
  827  partnership. A corporation or partnership must is not required
  828  to display the certificate number numbers of at least one
  829  officer, director, owner, or partner who is a individual
  830  registered landscape architect architects employed by or
  831  practicing with the corporation or partnership.
  832         Section 35. Subsection (4) of section 481.311, Florida
  833  Statutes, is amended to read:
  834         481.311 Licensure.—
  835         (4) The board shall certify as qualified for a certificate
  836  of authorization any applicant corporation or partnership who
  837  satisfies the requirements of s. 481.319.
  838         Section 36. Subsection (2) of section 481.317, Florida
  839  Statutes, is amended to read:
  840         481.317 Temporary certificates.—
  841         (2) Upon approval by the board and payment of the fee set
  842  in s. 481.307, the department shall grant a temporary
  843  certificate of authorization for work on one specified project
  844  in this state for a period not to exceed 1 year to an out-of
  845  state corporation, partnership, or firm, provided one of the
  846  principal officers of the corporation, one of the partners of
  847  the partnership, or one of the principals in the fictitiously
  848  named firm has obtained a temporary certificate of registration
  849  in accordance with subsection (1).
  850         Section 37. Section 481.319, Florida Statutes, is amended
  851  to read:
  852         481.319 Corporate and partnership practice of landscape
  853  architecture; certificate of authorization.—
  854         (1) The practice of or offer to practice landscape
  855  architecture by registered landscape architects registered under
  856  this part through a corporation or partnership offering
  857  landscape architectural services to the public, or through a
  858  corporation or partnership offering landscape architectural
  859  services to the public through individual registered landscape
  860  architects as agents, employees, officers, or partners, is
  861  permitted, subject to the provisions of this section, if:
  862         (a) One or more of the principal officers of the
  863  corporation, or partners of the partnership, and all personnel
  864  of the corporation or partnership who act in its behalf as
  865  landscape architects in this state are registered landscape
  866  architects; and
  867         (b) One or more of the officers, one or more of the
  868  directors, one or more of the owners of the corporation, or one
  869  or more of the partners of the partnership is a registered
  870  landscape architect; and
  871         (c) The corporation or partnership has been issued a
  872  certificate of authorization by the board as provided herein.
  873         (2) All documents involving the practice of landscape
  874  architecture which are prepared for the use of the corporation
  875  or partnership shall bear the signature and seal of a registered
  876  landscape architect.
  877         (3) A landscape architect applying to practice in the name
  878  of a An applicant corporation must shall file with the
  879  department the names and addresses of all officers and board
  880  members of the corporation, including the principal officer or
  881  officers, duly registered to practice landscape architecture in
  882  this state and, also, of all individuals duly registered to
  883  practice landscape architecture in this state who shall be in
  884  responsible charge of the practice of landscape architecture by
  885  the corporation in this state. A landscape architect applying to
  886  practice in the name of a An applicant partnership must shall
  887  file with the department the names and addresses of all partners
  888  of the partnership, including the partner or partners duly
  889  registered to practice landscape architecture in this state and,
  890  also, of an individual or individuals duly registered to
  891  practice landscape architecture in this state who shall be in
  892  responsible charge of the practice of landscape architecture by
  893  said partnership in this state.
  894         (4) Each landscape architect qualifying a partnership or
  895  and corporation licensed under this part must shall notify the
  896  department within 1 month of any change in the information
  897  contained in the application upon which the license is based.
  898  Any landscape architect who terminates her or his or her
  899  employment with a partnership or corporation licensed under this
  900  part shall notify the department of the termination within 1
  901  month.
  902         (5) Disciplinary action against a corporation or
  903  partnership shall be administered in the same manner and on the
  904  same grounds as disciplinary action against a registered
  905  landscape architect.
  906         (6) Except as provided in s. 558.0035, the fact that a
  907  registered landscape architect practices landscape architecture
  908  through a corporation or partnership as provided in this section
  909  does not relieve the landscape architect from personal liability
  910  for her or his or her professional acts.
  911         Section 38. Subsection (5) of section 481.329, Florida
  912  Statutes, is amended to read:
  913         481.329 Exceptions; exemptions from licensure.—
  914         (5) This part does not prohibit any person from engaging in
  915  the practice of landscape design, as defined in s. 481.303(5) s.
  916  481.303(7), or from submitting for approval to a governmental
  917  agency planting plans that are independent of, or a component
  918  of, construction documents that are prepared by a Florida
  919  registered professional. Persons providing landscape design
  920  services shall not use the title, term, or designation
  921  “landscape architect,” “landscape architectural,” “landscape
  922  architecture,” “L.A.,” “landscape engineering,” or any
  923  description tending to convey the impression that she or he is a
  924  landscape architect unless she or he is registered as provided
  925  in this part.
  926         Section 39. Subsection (14) of section 489.503, Florida
  927  Statutes, is amended, and subsection (24) is added to that
  928  section, to read:
  929         489.503 Exemptions.—This part does not apply to:
  930         (14) The sale of, installation of, repair of, alteration
  931  of, addition to, or design of electrical wiring, fixtures,
  932  appliances, thermostats, apparatus, raceways, computers,
  933  customer premises equipment, customer premises wiring, and
  934  conduit, or any part thereof, by an employee, contractor,
  935  subcontractor, or affiliate of a company operating under a
  936  certificate issued under chapter 364 or chapter 610, or under a
  937  local franchise or right-of-way agreement, if those items are
  938  for the purpose of transmitting data, voice, video, or other
  939  communications, or commands as part of a cable television,
  940  community antenna television, radio distribution,
  941  communications, or telecommunications system. An employee,
  942  subcontractor, contractor, or affiliate of a company that
  943  operates under a certificate issued under chapter 364 or chapter
  944  610, or under a local franchise or right-of-way agreement, is
  945  not subject to any local ordinance that requires a permit for
  946  work related to low-voltage electrical work, including related
  947  technical codes, regulations, and licensure. The scope of this
  948  exemption is limited to electrical circuits and equipment
  949  governed by the applicable provisions of Articles 725 (Classes 2
  950  and 3 circuits only), 770, 800, 810, and 820 of the National
  951  Electrical Code, current edition, or 47 C.F.R. part 68, and
  952  employees, contractors, and subcontractors of companies, and
  953  affiliates thereof, operating under a certificate issued under
  954  chapter 364 or chapter 610 or under a local franchise or right
  955  of-way agreement. This subsection does not relieve any person
  956  from licensure as an alarm system contractor.
  957         (24) A person who installs low-voltage landscape lighting
  958  that contains a factory-installed electrical cord with a plug
  959  and does not require installation, wiring, or a modification to
  960  the electrical wiring in a structure.
  961         Section 40. Present paragraphs (a) through (e) of
  962  subsection (2) of section 489.518, Florida Statutes, are
  963  redesignated as paragraphs (b) through (f), respectively, and a
  964  new paragraph (a) is added to that subsection, to read:
  965         489.518 Alarm system agents.—
  966         (2)(a) A person who performs only sales or installations of
  967  wireless alarm systems, other than fire alarm systems, in a
  968  single-family residence is not required to complete the initial
  969  training required for burglar alarm system agents.
  970         Section 41. This act shall take effect July 1, 2016.