Florida Senate - 2016                      CS for CS for SB 1050
       
       
        
       By the Committees on Appropriations; and Regulated Industries;
       and Senator Brandes
       
       576-04197A-16                                         20161050c2
    1                        A bill to be entitled                      
    2         An act relating to the Department of Business and
    3         Professional Regulation; amending s. 326.004, F.S.;
    4         deleting a requirement that yacht and ship brokers
    5         maintain a separate license for each branch office and
    6         related fees; amending s. 447.02, F.S.; deleting a
    7         definition; repealing s. 447.04, F.S., relating to
    8         business agents, licenses, and permits; repealing s.
    9         447.041, F.S., relating to hearings; repealing s.
   10         447.045, F.S., relating to certain confidential
   11         information; repealing s. 447.06, F.S., relating to
   12         the required registration of labor organizations;
   13         amending s. 447.09, F.S.; deleting prohibitions
   14         against specified actions; repealing s. 447.12, F.S.,
   15         relating to registration fees; repealing s. 447.16,
   16         F.S., relating to the applicability of ch. 447, F.S.;
   17         amending s. 468.401, F.S.; deleting the definitions of
   18         the terms “department,” “license,” and “licensee”;
   19         repealing s. 468.402, F.S., relating to the duties of
   20         the Department of Business and Professional
   21         Regulation; repealing s. 468.403, F.S., relating to
   22         licensure and application requirements for owners and
   23         operators of talent agencies; repealing s. 468.404,
   24         F.S., relating to fees and renewal of talent agency
   25         licenses; repealing s. 468.405, F.S., relating to
   26         qualification for talent agency licenses; amending s.
   27         468.406, F.S.; deleting the requirement for talent
   28         agencies to file with the department an itemized
   29         schedule of certain fees and an amended or
   30         supplemental schedule under certain circumstances;
   31         repealing s. 468.407, F.S., relating to license
   32         contents and posting; amending s. 468.408, F.S.;
   33         deleting a requirement that a talent agency file a
   34         bond for each talent agency license; deleting a
   35         departmental requirement to approve talent agency
   36         bonds; requiring that a bonding company notify the
   37         talent agency, rather than the department, of certain
   38         claims; amending s. 468.409, F.S.; deleting provisions
   39         requiring talent agencies to make specified records
   40         readily available for inspection by the department;
   41         amending s. 468.410, F.S.; deleting a reference to the
   42         department in talent agency contracts; amending s.
   43         468.412, F.S.; revising the information that talent
   44         agencies are required to enter on records; revising
   45         the requirements for talent agencies to post certain
   46         laws and rules; revising the information required in
   47         talent agency publications; amending s. 468.413, F.S.;
   48         deleting provisions relating to criminal violations
   49         for failing to obtain or maintain licensure with the
   50         department; deleting provisions authorizing the court
   51         to suspend or revoke a license; deleting a provision
   52         authorizing the court to bring certain actions;
   53         repealing s. 468.414, F.S., relating to collection and
   54         deposit of fines, fees, and penalties by the
   55         department; amending s. 468.415, F.S.; deleting a
   56         provision authorizing the department to revoke a
   57         license; amending s. 468.451, F.S.; revising
   58         legislative intent related to the regulation of
   59         athlete agents; reordering and amending s. 468.452,
   60         F.S.; deleting the term “department”; repealing s.
   61         468.453, F.S., relating to the licensure of athlete
   62         agents; repealing s. 468.4536, F.S., relating to
   63         renewal of such licenses; amending s. 468.454, F.S.;
   64         revising the information that must be stated in agent
   65         contracts; deleting a condition under which an agent
   66         contract is void and unenforceable; amending s.
   67         468.456, F.S.; providing that certain actions are
   68         grounds for civil causes of action and remedies;
   69         deleting a provision authorizing the department to
   70         impose certain penalties and fines; deleting the
   71         requirement that the department suspend or revoke an
   72         athlete agent’s license for certain violations;
   73         repealing s. 468.4561, F.S., relating to unlicensed
   74         activity and penalties for violations; amending s.
   75         468.45615, F.S.; conforming provisions to changes made
   76         by the act; amending s. 468.4565, F.S.; deleting
   77         provisions authorizing the department to access and
   78         inspect certain records of athlete agents and related
   79         disciplinary actions and subpoena powers; repealing s.
   80         468.457, F.S., relating to rulemaking authority;
   81         amending s. 469.006, F.S.; requiring that a license be
   82         in the name of a qualifying agent rather than the name
   83         of a business organization; requiring the qualifying
   84         agent, rather than the business organization, to
   85         report certain changes in information; conforming
   86         provisions to changes made by the act; amending s.
   87         469.009, F.S.; deleting the authority of the
   88         department to reprimand, censure, or impose probation
   89         on certain business organizations; amending s.
   90         477.0135, F.S.; providing that a license or
   91         registration is not required for a person whose
   92         occupation or practice is confined solely to adding
   93         polish to nails; amending s. 481.203, F.S.; defining
   94         the term “business organization”; deleting the
   95         definition of the term “certificate of authorization”;
   96         amending s. 481.219, F.S.; revising the process by
   97         which a business organization obtains the requisite
   98         license to perform architectural services; requiring
   99         that a licensee or an applicant apply to qualify a
  100         business organization under certain circumstances;
  101         specifying application requirements; authorizing the
  102         Board of Architecture and Interior Design to deny an
  103         application under certain circumstances; requiring
  104         that a qualifying agent be a registered architect or a
  105         registered interior designer under certain
  106         circumstances; requiring that a qualifying agent
  107         notify the department when she or he ceases to be
  108         affiliated with a business organization; prohibiting a
  109         business organization from engaging in certain
  110         practices until it is qualified by a qualifying agent;
  111         authorizing the executive director or the chair of the
  112         board to authorize a certain registered architect or
  113         interior designer to temporarily serve as the business
  114         organization’s qualifying agent for a specified
  115         timeframe under certain circumstances; requiring the
  116         qualifying agent to give written notice to the
  117         department before engaging in practice under her or
  118         his own name or in affiliation with another business
  119         organization; requiring the board to certify an
  120         applicant to qualify one or more business
  121         organizations or to operate using a fictitious name
  122         under certain circumstances; conforming provisions to
  123         changes made by the act; amending s. 481.221, F.S.;
  124         requiring a business organization to include the
  125         license number of a certain registered architect or
  126         interior designer in any advertising; providing an
  127         exception; conforming provisions to changes made by
  128         the act; amending s. 481.229, F.S.; conforming
  129         provisions to changes made by the act; reordering and
  130         amending s. 481.303, F.S.; deleting the term
  131         “certificate of authorization”; amending s. 481.321,
  132         F.S.; revising provisions that require persons to
  133         display certificate numbers under certain
  134         circumstances; conforming provisions to changes made
  135         by the act; amending ss. 481.311, 481.317, and
  136         481.319, F.S.; conforming provisions to changes made
  137         by the act; amending s. 481.329, F.S.; conforming a
  138         cross-reference; amending s. 489.503, F.S.; revising
  139         an exemption from regulation for certain persons;
  140         exempting a person who installs certain low-voltage
  141         landscape lighting from specified requirements;
  142         amending s. 489.518, F.S.; exempting certain persons
  143         from initial training for burglar alarm system agents;
  144         amending ss. 718.111 and 719.104, F.S.; deleting
  145         provisions requiring certain associations to file a
  146         financial report; amending s. 720.303, F.S.; deleting
  147         a provision authorizing a certain association to
  148         prepare a specified report; providing an effective
  149         date.
  150          
  151  Be It Enacted by the Legislature of the State of Florida:
  152  
  153         Section 1. Subsection (13) of section 326.004, Florida
  154  Statutes, is amended to read:
  155         326.004 Licensing.—
  156         (13) Each broker must maintain a principal place of
  157  business in this state and may establish branch offices in the
  158  state. A separate license must be maintained for each branch
  159  office. The division shall establish by rule a fee not to exceed
  160  $100 for each branch office license.
  161         Section 2. Subsection (3) of section 447.02, Florida
  162  Statutes, is amended to read:
  163         447.02 Definitions.—The following terms, when used in this
  164  chapter, shall have the meanings ascribed to them in this
  165  section:
  166         (3) The term “department” means the Department of Business
  167  and Professional Regulation.
  168         Section 3. Section 447.04, Florida Statutes, is repealed.
  169         Section 4. Section 447.041, Florida Statutes, is repealed.
  170         Section 5. Section 447.045, Florida Statutes, is repealed.
  171         Section 6. Section 447.06, Florida Statutes, is repealed.
  172         Section 7. Subsections (6) and (8) of section 447.09,
  173  Florida Statutes, are amended to read:
  174         447.09 Right of franchise preserved; penalties.—It shall be
  175  unlawful for any person:
  176         (6) To act as a business agent without having obtained and
  177  possessing a valid and subsisting license or permit.
  178         (8) To make any false statement in an application for a
  179  license.
  180         Section 8. Section 447.12, Florida Statutes, is repealed.
  181         Section 9. Section 447.16, Florida Statutes, is repealed.
  182         Section 10. Section 468.401, Florida Statutes, is amended
  183  to read:
  184         468.401 Regulation of Talent agencies; definitions.—As used
  185  in this part or any rule adopted pursuant hereto:
  186         (1) “Talent agency” means any person who, for compensation,
  187  engages in the occupation or business of procuring or attempting
  188  to procure engagements for an artist.
  189         (2) “Owner” means any partner in a partnership, member of a
  190  firm, or principal officer or officers of a corporation, whose
  191  partnership, firm, or corporation owns a talent agency, or any
  192  individual who is the sole owner of a talent agency.
  193         (3) “Compensation” means any one or more of the following:
  194         (a) Any money or other valuable consideration paid or
  195  promised to be paid for services rendered by any person
  196  conducting the business of a talent agency under this part;
  197         (b) Any money received by any person in excess of that
  198  which has been paid out by such person for transportation,
  199  transfer of baggage, or board and lodging for any applicant for
  200  employment; or
  201         (c) The difference between the amount of money received by
  202  any person who furnishes employees, performers, or entertainers
  203  for circus, vaudeville, theatrical, or other entertainments,
  204  exhibitions, engagements, or performances and the amount paid by
  205  him or her to such employee, performer, or entertainer.
  206         (4) “Engagement” means any employment or placement of an
  207  artist, where the artist performs in his or her artistic
  208  capacity. However, the term “engagement” shall not apply to
  209  procuring opera, music, theater, or dance engagements for any
  210  organization defined in s. 501(c)(3) of the Internal Revenue
  211  Code or any nonprofit Florida arts organization that has
  212  received a grant from the Division of Cultural Affairs of the
  213  Department of State or has participated in the state touring
  214  program of the Division of Cultural Affairs.
  215         (5) “Department” means the Department of Business and
  216  Professional Regulation.
  217         (5)(6) “Operator” means the person who is or who will be in
  218  actual charge of a talent agency.
  219         (6)(7) “Buyer” or “employer” means a person, company,
  220  partnership, or corporation that uses the services of a talent
  221  agency to provide artists.
  222         (7)(8) “Artist” means a person performing on the
  223  professional stage or in the production of television, radio, or
  224  motion pictures; a musician or group of musicians; or a model.
  225         (8)(9) “Person” means any individual, company, society,
  226  firm, partnership, association, corporation, manager, or any
  227  agent or employee of any of the foregoing.
  228         (10) “License” means a license issued by the Department of
  229  Business and Professional Regulation to carry on the business of
  230  a talent agency under this part.
  231         (11) “Licensee” means a talent agency which holds a valid
  232  unrevoked and unforfeited license issued under this part.
  233         Section 11. Section 468.402, Florida Statutes, is repealed.
  234         Section 12. Section 468.403, Florida Statutes, is repealed.
  235         Section 13. Section 468.404, Florida Statutes, is repealed.
  236         Section 14. Section 468.405, Florida Statutes, is repealed.
  237         Section 15. Subsection (1) of section 468.406, Florida
  238  Statutes, is amended to read:
  239         468.406 Fees to be charged by talent agencies; rates;
  240  display.—
  241         (1) Each owner or operator of a talent agency shall post
  242  applicant for a license shall file with the application an
  243  itemized schedule of maximum fees, charges, and commissions that
  244  which it intends to charge and collect for its services. This
  245  schedule may thereafter be raised only by filing with the
  246  department an amended or supplemental schedule at least 30 days
  247  before the change is to become effective. The schedule shall be
  248  posted in a conspicuous place in each place of business of the
  249  agency, and the schedule shall be printed in not less than a 30
  250  point boldfaced type, except that an agency that uses written
  251  contracts containing maximum fee schedules need not post such
  252  schedules.
  253         Section 16. Section 468.407, Florida Statutes, is repealed.
  254         Section 17. Subsection (1) of section 468.408, Florida
  255  Statutes, is amended to read:
  256         468.408 Bond required.—
  257         (1) A There shall be filed with the department for each
  258  talent agency shall obtain license a bond in the form of a
  259  surety by a reputable company engaged in the bonding business
  260  and authorized to do business in this state. The bond shall be
  261  for the penal sum of $5,000, with one or more sureties to be
  262  approved by the department, and be conditioned that the talent
  263  agency applicant conform to and not violate any of the duties,
  264  terms, conditions, provisions, or requirements of this part.
  265         (a) If any person is aggrieved by the misconduct of any
  266  talent agency, the person may maintain an action in his or her
  267  own name upon the bond of the agency in any court having
  268  jurisdiction of the amount claimed. All such claims shall be
  269  assignable, and the assignee shall be entitled to the same
  270  remedies, upon the bond of the agency or otherwise, as the
  271  person aggrieved would have been entitled to if such claim had
  272  not been assigned. Any claim or claims so assigned may be
  273  enforced in the name of such assignee.
  274         (b) The bonding company shall notify the talent agency the
  275  department of any claim against such bond, and a copy of such
  276  notice shall be sent to the talent agency against which the
  277  claim is made.
  278         Section 18. Section 468.409, Florida Statutes, is amended
  279  to read:
  280         468.409 Records required to be kept.—Each talent agency
  281  shall keep on file the application, registration, or contract of
  282  each artist. In addition, such file must include the name and
  283  address of each artist, the amount of the compensation received,
  284  and all attempts to procure engagements for the artist. No such
  285  agency or employee thereof shall knowingly make any false entry
  286  in applicant files or receipt files. Each card or document in
  287  such files shall be preserved for a period of 1 year after the
  288  date of the last entry thereon. Records required under this
  289  section shall be readily available for inspection by the
  290  department during reasonable business hours at the talent
  291  agency’s principal office. A talent agency must provide the
  292  department with true copies of the records in the manner
  293  prescribed by the department.
  294         Section 19. Subsection (3) of section 468.410, Florida
  295  Statutes, is amended to read:
  296         468.410 Prohibition against registration fees; referral.—
  297         (3) A talent agency shall give each applicant a copy of a
  298  contract, within 24 hours after the contract’s execution, which
  299  lists the services to be provided and the fees to be charged.
  300  The contract shall state that the talent agency is regulated by
  301  the department and shall list the address and telephone number
  302  of the department.
  303         Section 20. Section 468.412, Florida Statutes, is amended
  304  to read:
  305         468.412 Talent agency regulations; prohibited acts.—
  306         (1) A talent agency shall maintain a record sheet for each
  307  booking. This shall be the only required record of placement and
  308  shall be kept for a period of 1 year after the date of the last
  309  entry in the buyer’s file.
  310         (2) Each talent agency shall keep records in which shall be
  311  entered:
  312         (a) The name and address of each artist employing such
  313  talent agency;
  314         (b) The amount of fees received from each such artist; and
  315         (c) The employment in which each such artist is engaged at
  316  the time of employing such talent agency and the amount of
  317  compensation of the artist in such employment, if any, and the
  318  employments subsequently secured by such artist during the term
  319  of the contract between the artist and the talent agency and the
  320  amount of compensation received by the artist pursuant thereto.;
  321  and
  322         (d) Other information which the department may require from
  323  time to time.
  324         (3) All books, records, and other papers kept pursuant to
  325  this act by any talent agency shall be open at all reasonable
  326  hours to the inspection of the department and its agents. Each
  327  talent agency shall furnish to the department, upon request, a
  328  true copy of such books, records, and papers, or any portion
  329  thereof, and shall make such reports as the department may
  330  prescribe from time to time.
  331         (3)(4) Each talent agency shall post in a conspicuous place
  332  in the office of such talent agency a printed copy of this part
  333  and of the rules adopted under this part. Such copies shall also
  334  contain the name and address of the officer charged with
  335  enforcing this part. The department shall furnish to talent
  336  agencies printed copies of any statute or rule required to be
  337  posted under this subsection.
  338         (4)(a)(5)(a) No talent agency may knowingly issue a
  339  contract for employment containing any term or condition which,
  340  if complied with, would be in violation of law, or attempt to
  341  fill an order for help to be employed in violation of law.
  342         (b) A talent agency must advise an artist, in writing, that
  343  the artist has a right to rescind a contract for employment
  344  within the first 3 business days after the contract’s execution.
  345  Any engagement procured by the talent agency for the artist
  346  during the first 3 business days of the contract remains
  347  commissionable to the talent agency.
  348         (5)(6) No talent agency may publish or cause to be
  349  published any false, fraudulent, or misleading information,
  350  representation, notice, or advertisement. All advertisements of
  351  a talent agency by means of card, circulars, or signs, and in
  352  newspapers and other publications, and all letterheads,
  353  receipts, and blanks shall be printed and contain the licensed
  354  name, department license number, and address of the talent
  355  agency and the words “talent agency.” No talent agency may give
  356  any false information or make any false promises or
  357  representations concerning an engagement or employment to any
  358  applicant who applies for an engagement or employment.
  359         (6)(7) No talent agency may send or cause to be sent any
  360  person as an employee to any house of ill fame, to any house or
  361  place of amusement for immoral purposes, to any place resorted
  362  to for the purposes of prostitution, to any place for the
  363  modeling or photographing of a minor in the nude in the absence
  364  of written permission from the minor’s parents or legal
  365  guardians, the character of which places the talent agency could
  366  have ascertained upon reasonable inquiry.
  367         (7)(8) No talent agency, without the written consent of the
  368  artist, may divide fees with anyone, including, but not limited
  369  to, an agent or other employee of an employer, a buyer, a
  370  casting director, a producer, a director, or any venue that uses
  371  entertainment. For purposes of this subsection, to “divide fees”
  372  includes the sharing among two or more persons of those fees
  373  charged to an artist for services performed on behalf of that
  374  artist, the total amount of which fees exceeds the amount that
  375  would have been charged to the artist by the talent agency
  376  alone.
  377         (8)(9) If a talent agency collects from an artist a fee or
  378  expenses for obtaining employment for the artist, and the artist
  379  fails to procure such employment, or the artist fails to be paid
  380  for such employment if procured, such talent agency shall, upon
  381  demand therefor, repay to the artist the fee and expenses so
  382  collected. Unless repayment thereof is made within 48 hours
  383  after demand therefor, the talent agency shall pay to the artist
  384  an additional sum equal to the amount of the fee.
  385         (9)(10) Each talent agency must maintain a permanent office
  386  and must maintain regular operating hours at that office.
  387         (10)(11) A talent agency may assign an engagement contract
  388  to another talent agency licensed in this state only if the
  389  artist agrees in writing to the assignment. The assignment must
  390  occur, and written notice of the assignment must be given to the
  391  artist, within 30 days after the artist agrees in writing to the
  392  assignment.
  393         Section 21. Section 468.413, Florida Statutes, is amended
  394  to read:
  395         468.413 Legal requirements; penalties.—
  396         (1) Each of the following acts constitutes a felony of the
  397  third degree, punishable as provided in s. 775.082, s. 775.083,
  398  or s. 775.084:
  399         (a) Owning or operating, or soliciting business as, a
  400  talent agency in this state without first procuring a license
  401  from the department.
  402         (b) Obtaining or attempting to obtain a license by means of
  403  fraud, misrepresentation, or concealment.
  404         (2) Each of the following acts constitutes a misdemeanor of
  405  the second degree, punishable as provided in s. 775.082 or s.
  406  775.083:
  407         (a) Relocating a business as a talent agency, or operating
  408  under any name other than that designated on the license, unless
  409  written notification is given to the department and to the
  410  surety or sureties on the original bond, and unless the license
  411  is returned to the department for the recording thereon of such
  412  changes.
  413         (b) Assigning or attempting to assign a license issued
  414  under this part.
  415         (c) Failing to show on a license application whether or not
  416  the agency or any owner of the agency is financially interested
  417  in any other business of like nature and, if so, failing to
  418  specify such interest or interests.
  419         (a)(d) Failing to maintain the records required by s.
  420  468.409 or knowingly making false entries in such records.
  421         (b)(e) Requiring as a condition to registering or obtaining
  422  employment or placement for any applicant that the applicant
  423  subscribe to, purchase, or attend any publication, postcard
  424  service, advertisement, resume service, photography service,
  425  school, acting school, workshop, or acting workshop.
  426         (c)(f) Failing to give each applicant a copy of a contract
  427  which lists the services to be provided and the fees to be
  428  charged by, which states that the talent agency is regulated by
  429  the department, and which lists the address and telephone number
  430  of the department.
  431         (d)(g) Failing to maintain a record sheet as required by s.
  432  468.412(1).
  433         (e)(h) Knowingly sending or causing to be sent any artist
  434  to a prospective employer or place of business, the character or
  435  operation of which employer or place of business the talent
  436  agency knows to be in violation of the laws of the United States
  437  or of this state.
  438         (3) The court may, in addition to other punishment provided
  439  for in subsection (2), suspend or revoke the license of any
  440  licensee under this part who has been found guilty of any
  441  misdemeanor listed in subsection (2).
  442         (2)(4) In the event that the department or any state
  443  attorney shall have probable cause to believe that a talent
  444  agency or other person has violated any provision of subsection
  445  (1), an action may be brought by the department or any state
  446  attorney to enjoin such talent agency or any person from
  447  continuing such violation, or engaging therein or doing any acts
  448  in furtherance thereof, and for such other relief as to the
  449  court seems appropriate. In addition to this remedy, the
  450  department may assess a penalty against any talent agency or any
  451  person in an amount not to exceed $5,000.
  452         Section 22. Section 468.414, Florida Statutes, is repealed.
  453         Section 23. Section 468.415, Florida Statutes, is amended
  454  to read:
  455         468.415 Sexual misconduct in the operation of a talent
  456  agency.—The talent agent-artist relationship is founded on
  457  mutual trust. Sexual misconduct in the operation of a talent
  458  agency means violation of the talent agent-artist relationship
  459  through which the talent agent uses the relationship to induce
  460  or attempt to induce the artist to engage or attempt to engage
  461  in sexual activity. Sexual misconduct is prohibited in the
  462  operation of a talent agency. If Any agent, owner, or operator
  463  of a licensed talent agency who commits is found to have
  464  committed sexual misconduct in the operation of a talent agency,
  465  the agency license shall be permanently revoked. Such agent,
  466  owner, or operator shall be permanently prohibited from acting
  467  disqualified from present and future licensure as an agent,
  468  owner, or operator of a Florida talent agency.
  469         Section 24. Section 468.451, Florida Statutes, is amended
  470  to read:
  471         468.451 Legislative findings and intent.—The Legislature
  472  finds that dishonest or unscrupulous practices by agents who
  473  solicit representation of student athletes can cause significant
  474  harm to student athletes and the academic institutions for which
  475  they play. It is the intent of the Legislature to provide civil
  476  and criminal causes of action against athlete agents to protect
  477  the interests of student athletes and academic institutions by
  478  regulating the activities of athlete agents.
  479         Section 25. Subsections (4) through (7) of section 468.452,
  480  Florida Statutes, are reordered and amended to read:
  481         468.452 Definitions.—For purposes of this part, the term:
  482         (4) “Department” means the Department of Business and
  483  Professional Regulation.
  484         (6)(5) “Student athlete” means any student who:
  485         (a) Resides in Florida, has informed, in writing, a college
  486  or university of the student’s intent to participate in that
  487  school’s intercollegiate athletics, or who does participate in
  488  that school’s intercollegiate athletics and is eligible to do
  489  so; or
  490         (b) Does not reside in Florida, but has informed, in
  491  writing, a college or university in Florida of the student’s
  492  intent to participate in that school’s intercollegiate
  493  athletics, or who does participate in that school’s
  494  intercollegiate athletics and is eligible to do so.
  495         (4)(6) “Financial services” means the counseling on or the
  496  making or execution of investment and other financial decisions
  497  by the agent on behalf of the student athlete.
  498         (5)(7) “Participation” means practicing, competing, or
  499  otherwise representing a college or university in
  500  intercollegiate athletics.
  501         Section 26. Section 468.453, Florida Statutes, is repealed.
  502         Section 27. Section 468.4536, Florida Statutes, is
  503  repealed.
  504         Section 28. Subsections (2) and (12) of section 468.454,
  505  Florida Statutes, are amended to read:
  506         468.454 Contracts.—
  507         (2) An agent contract must state:
  508         (a) The amount and method of calculating the consideration
  509  to be paid by the student athlete for services to be provided by
  510  the athlete agent and any other consideration the agent has
  511  received or will receive from any other source under the
  512  contract;
  513         (b) The name of any person not listed in the licensure
  514  application who will be compensated because the student athlete
  515  signed the agent contract;
  516         (c) A description of any expenses that the student athlete
  517  agrees to reimburse;
  518         (d) A description of the services to be provided to the
  519  student athlete;
  520         (e) The duration of the contract; and
  521         (f) The date of execution.
  522         (12) An agent contract between a student athlete and a
  523  person not licensed under this part is void and unenforceable.
  524         Section 29. Section 468.456, Florida Statutes, is amended
  525  to read:
  526         468.456 Prohibited acts.—
  527         (1) Any of the following acts shall be grounds for the
  528  civil causes of action disciplinary actions and remedies as
  529  provided for in s. 468.4562 subsection (3):
  530         (a) A violation of any law relating to the practice as an
  531  athlete agent including, but not limited to, violations of this
  532  part and chapter 455 and any rules promulgated thereunder.
  533         (a)(b) Failure to account for or to pay, within a
  534  reasonable time, not to exceed 30 days, assets belonging to
  535  another which have come into the control of the athlete agent in
  536  the course of conducting business as an athlete agent.
  537         (b)(c) Any conduct as an athlete agent which demonstrates
  538  bad faith or dishonesty.
  539         (c)(d) Commingling money or property of another person with
  540  the athlete agent’s money or property. Every athlete agent shall
  541  maintain a separate trust or escrow account in an insured bank
  542  or savings and loan association located in this state in which
  543  shall be deposited all proceeds received for another person
  544  through the athlete agent.
  545         (d)(e) Accepting as a client a student athlete referred by
  546  and in exchange for any consideration made to an employee of or
  547  a coach for a college or university located in this state.
  548         (e)(f) Offering anything of value to any person to induce a
  549  student athlete to enter into an agreement by which the agent
  550  will represent the student athlete. However, negotiations
  551  regarding the agent’s fee shall not be considered an inducement.
  552         (g) Knowingly providing financial benefit from the
  553  licensee’s conduct of business as an athlete agent to another
  554  athlete agent whose license to practice as an athlete agent is
  555  suspended or has been permanently revoked within the previous 5
  556  years.
  557         (f)(h) Committing mismanagement or misconduct as an athlete
  558  agent which causes financial harm to a student athlete or
  559  college or university.
  560         (i) Failing to include the athlete agent’s name and license
  561  number in any advertising related to the business of an athlete
  562  agent. Advertising shall not include clothing or other novelty
  563  items.
  564         (g)(j) Publishing or causing to be published false or
  565  misleading information or advertisements, or giving any false
  566  information or making false promises to a student athlete
  567  concerning employment or financial services.
  568         (h)(k) Violating or aiding and abetting another person to
  569  violate the rules of the athletic conference or collegiate
  570  athletic association governing a student athlete or student
  571  athlete’s college or university.
  572         (i)(l) Having contact, as prohibited by this part, with a
  573  student athlete.
  574         (j)(m) Postdating agent contracts.
  575         (n) Having an athlete agent certification acted against by
  576  a professional athletic club or association.
  577         (k)(o) Being employed to illegally recruit or solicit
  578  student athletes by being utilized by or otherwise collaborating
  579  with a person known to have been convicted or found guilty of,
  580  or to have entered a plea of nolo contendere to, a violation of
  581  s. 468.45615, regardless of adjudication.
  582         (2) This part does not prohibit an athlete agent from:
  583         (a) Sending to a student athlete written materials provided
  584  that the athlete agent simultaneously sends an identical copy of
  585  such written materials to the athletic director, or the
  586  director’s designee, of the college or university in which the
  587  student athlete is enrolled or to which the student athlete has
  588  provided a written intent to participate in intercollegiate
  589  athletics; and
  590         (b) Otherwise contacting a student athlete, provided that
  591  the student athlete initiates the contact with the athlete
  592  agent, and the athlete agent gives prior notice, as provided for
  593  by rule of the department, to the college or university in which
  594  the student athlete is enrolled or to which the student athlete
  595  has provided a written intent to participate in intercollegiate
  596  athletics.
  597         (3) When the department finds any person guilty of any of
  598  the prohibited acts set forth in subsection (1), the department
  599  may enter an order imposing one or more of the penalties
  600  provided for in s. 455.227, and an administrative fine not to
  601  exceed $25,000 for each separate offense. In addition to any
  602  other penalties or disciplinary actions provided for in this
  603  part, the department shall suspend or revoke the license of any
  604  athlete agent licensed under this part who violates paragraph
  605  (1)(f) or paragraph (1)(o) or s. 468.45615.
  606         Section 30. Section 468.4561, Florida Statutes, is
  607  repealed.
  608         Section 31. Section 468.45615, Florida Statutes, is amended
  609  to read:
  610         468.45615 Provision of illegal inducements to athletes
  611  prohibited; penalties; license suspension.—
  612         (1) A Any person who offers anything of value to another
  613  person to induce a student athlete to enter into an agreement by
  614  which the athlete agent will represent the student athlete
  615  commits violates s. 468.456(1)(f) is guilty of a felony of the
  616  second degree, punishable as provided in s. 775.082, s. 775.083,
  617  s. 775.084, s. 775.089, or s. 775.091. Negotiations regarding an
  618  athlete agent’s fee are not considered an inducement.
  619         (2)(a) Regardless of whether adjudication is withheld, any
  620  person convicted or found guilty of, or entering a plea of nolo
  621  contendere to, the violation described in subsection (1) may
  622  shall not employ, utilize, or otherwise collaborate with an a
  623  licensed or unlicensed athlete agent in Florida to illegally
  624  recruit or solicit student athletes. Any person who violates the
  625  provisions of this subsection is guilty of a felony of the
  626  second degree, punishable as provided in s. 775.082, s. 775.083,
  627  s. 775.084, s. 775.089, or s. 775.091.
  628         (b) Regardless of whether adjudication is withheld, any
  629  person who knowingly actively assists in the illegal recruitment
  630  or solicitation of student athletes for a person who has been
  631  convicted or found guilty of, or entered a plea of nolo
  632  contendere to, a violation of this section is guilty of a felony
  633  of the second degree, punishable as provided in s. 775.082, s.
  634  775.083, s. 775.084, s. 775.089, or s. 775.091.
  635         (3) In addition to any other penalties provided in this
  636  section, the court may suspend the license of the person pending
  637  the outcome of any administrative action against the person by
  638  the department.
  639         (3)(4)(a) An athlete agent, with the intent to induce a
  640  student athlete to enter into an agent contract, may not:
  641         1. Give any materially false or misleading information or
  642  make a materially false promise or representation;
  643         2. Furnish anything of value to a student athlete before
  644  the student athlete enters into the agent contract; or
  645         3. Furnish anything of value to any individual other than
  646  the student athlete or another athlete agent.
  647         (b) An athlete agent may not intentionally:
  648         1. Initiate contact with a student athlete unless licensed
  649  under this part;
  650         2. Refuse or fail to retain or permit inspection of the
  651  records required to be retained by s. 468.4565;
  652         3. Provide materially false or misleading information in an
  653  application for licensure;
  654         2.4. Predate or postdate an agent contract;
  655         3.5. Fail to give notice of the existence of an agent
  656  contract as required by s. 468.454(6); or
  657         4.6. Fail to notify a student athlete before the student
  658  athlete signs or otherwise authenticates an agent contract for a
  659  sport that the signing or authentication may make the student
  660  athlete ineligible to participate as a student athlete in that
  661  sport.
  662         (c) An athlete agent who violates this subsection commits a
  663  felony of the second degree, punishable as provided in s.
  664  775.082, s. 775.083, or s. 775.084.
  665         Section 32. Section 468.4565, Florida Statutes, is amended
  666  to read:
  667         468.4565 Business records requirement.—
  668         (1) An athlete agent shall establish and maintain complete
  669  financial and business records. The athlete agent shall save
  670  each entry into a financial or business record for at least 5
  671  years after from the date of entry. These records must include:
  672         (1)(a) The name and address of each individual represented
  673  by the athlete agent;
  674         (2)(b) Any agent contract entered into by the athlete
  675  agent; and
  676         (3)(c) Any direct costs incurred by the athlete agent in
  677  the recruitment or solicitation of a student athlete to enter
  678  into an agent contract.
  679         (2) The department shall have access to and shall have the
  680  right to inspect and examine the financial or business records
  681  of an athlete agent during normal business hours. Refusal or
  682  failure of an athlete agent to provide the department access to
  683  financial and business records shall be the basis for
  684  disciplinary action by the department pursuant to s. 455.225.
  685  The department may exercise its subpoena powers to obtain the
  686  financial and business records of an athlete agent.
  687         Section 33. Section 468.457, Florida Statutes, is repealed.
  688         Section 34. Paragraphs (a) and (e) of subsection (2),
  689  subsection (3), paragraph (b) of subsection (4), and subsection
  690  (6) of section 469.006, Florida Statutes, are amended to read:
  691         469.006 Licensure of business organizations; qualifying
  692  agents.—
  693         (2)(a) If the applicant proposes to engage in consulting or
  694  contracting as a partnership, corporation, business trust, or
  695  other legal entity, or in any name other than the applicant’s
  696  legal name, the legal entity must apply for licensure through a
  697  qualifying agent or the individual applicant must apply for
  698  licensure under the name of the business organization fictitious
  699  name.
  700         (e) A The license, when issued upon application of a
  701  business organization, must be in the name of the qualifying
  702  agent business organization, and the name of the business
  703  organization qualifying agent must be noted on the license
  704  thereon. If there is a change in any information that is
  705  required to be stated on the application, the qualifying agent
  706  business organization shall, within 45 days after such change
  707  occurs, mail the correct information to the department.
  708         (3) The qualifying agent must shall be licensed under this
  709  chapter in order for the business organization to be qualified
  710  licensed in the category of the business conducted for which the
  711  qualifying agent is licensed. If any qualifying agent ceases to
  712  be affiliated with such business organization, the agent shall
  713  so inform the department. In addition, if such qualifying agent
  714  is the only licensed individual affiliated with the business
  715  organization, the business organization shall notify the
  716  department of the termination of the qualifying agent and has
  717  shall have 60 days after from the date of termination of the
  718  qualifying agent’s affiliation with the business organization in
  719  which to employ another qualifying agent. The business
  720  organization may not engage in consulting or contracting until a
  721  qualifying agent is employed, unless the department has granted
  722  a temporary nonrenewable license to the financially responsible
  723  officer, the president, the sole proprietor, a partner, or, in
  724  the case of a limited partnership, the general partner, who
  725  assumes all responsibilities of a primary qualifying agent for
  726  the entity. This temporary license only allows shall only allow
  727  the entity to proceed with incomplete contracts.
  728         (4)
  729         (b) Upon a favorable determination by the department, after
  730  investigation of the financial responsibility, credit, and
  731  business reputation of the qualifying agent and the new business
  732  organization, the department shall issue, without any
  733  examination, a new license in the qualifying agent’s business
  734  organization’s name, and the name of the business organization
  735  qualifying agent shall be noted thereon.
  736         (6) Each qualifying agent shall pay the department an
  737  amount equal to the original fee for licensure of a new business
  738  organization. if the qualifying agent for a business
  739  organization desires to qualify additional business
  740  organizations., The department shall require the agent to
  741  present evidence of supervisory ability and financial
  742  responsibility of each such organization. Allowing a licensee to
  743  qualify more than one business organization must shall be
  744  conditioned upon the licensee showing that the licensee has both
  745  the capacity and intent to adequately supervise each business
  746  organization. The department may shall not limit the number of
  747  business organizations that which the licensee may qualify
  748  except upon the licensee’s failure to provide such information
  749  as is required under this subsection or upon a finding that the
  750  such information or evidence as is supplied is incomplete or
  751  unpersuasive in showing the licensee’s capacity and intent to
  752  comply with the requirements of this subsection. A qualification
  753  for an additional business organization may be revoked or
  754  suspended upon a finding by the department that the licensee has
  755  failed in the licensee’s responsibility to adequately supervise
  756  the operations of the business organization. Failure to
  757  adequately supervise the operations of a business organization
  758  is shall be grounds for denial to qualify additional business
  759  organizations.
  760         Section 35. Subsection (1) of section 469.009, Florida
  761  Statutes, is amended to read:
  762         469.009 License revocation, suspension, and denial of
  763  issuance or renewal.—
  764         (1) The department may revoke, suspend, or deny the
  765  issuance or renewal of a license; reprimand, censure, or place
  766  on probation any contractor, consultant, or financially
  767  responsible officer, or business organization; require financial
  768  restitution to a consumer; impose an administrative fine not to
  769  exceed $5,000 per violation; require continuing education; or
  770  assess costs associated with any investigation and prosecution
  771  if the contractor or consultant, or business organization or
  772  officer or agent thereof, is found guilty of any of the
  773  following acts:
  774         (a) Willfully or deliberately disregarding or violating the
  775  health and safety standards of the Occupational Safety and
  776  Health Act of 1970, the Construction Safety Act, the National
  777  Emission Standards for Asbestos, the Environmental Protection
  778  Agency Asbestos Abatement Projects Worker Protection Rule, the
  779  Florida Statutes or rules promulgated thereunder, or any
  780  ordinance enacted by a political subdivision of this state.
  781         (b) Violating any provision of chapter 455.
  782         (c) Failing in any material respect to comply with the
  783  provisions of this chapter or any rule promulgated hereunder.
  784         (d) Acting in the capacity of an asbestos contractor or
  785  asbestos consultant under any license issued under this chapter
  786  except in the name of the licensee as set forth on the issued
  787  license.
  788         (e) Proceeding on any job without obtaining all applicable
  789  approvals, authorizations, permits, and inspections.
  790         (f) Obtaining a license by fraud or misrepresentation.
  791         (g) Being convicted or found guilty of, or entering a plea
  792  of nolo contendere to, regardless of adjudication, a crime in
  793  any jurisdiction which directly relates to the practice of
  794  asbestos consulting or contracting or the ability to practice
  795  asbestos consulting or contracting.
  796         (h) Knowingly violating any building code, lifesafety code,
  797  or county or municipal ordinance relating to the practice of
  798  asbestos consulting or contracting.
  799         (i) Performing any act which assists a person or entity in
  800  engaging in the prohibited unlicensed practice of asbestos
  801  consulting or contracting, if the licensee knows or has
  802  reasonable grounds to know that the person or entity was
  803  unlicensed.
  804         (j) Committing mismanagement or misconduct in the practice
  805  of contracting that causes financial harm to a customer.
  806  Financial mismanagement or misconduct occurs when:
  807         1. Valid liens have been recorded against the property of a
  808  contractor’s customer for supplies or services ordered by the
  809  contractor for the customer’s job; the contractor has received
  810  funds from the customer to pay for the supplies or services; and
  811  the contractor has not had the liens removed from the property,
  812  by payment or by bond, within 75 days after the date of such
  813  liens;
  814         2. The contractor has abandoned a customer’s job and the
  815  percentage of completion is less than the percentage of the
  816  total contract price paid to the contractor as of the time of
  817  abandonment, unless the contractor is entitled to retain such
  818  funds under the terms of the contract or refunds the excess
  819  funds within 30 days after the date the job is abandoned; or
  820         3. The contractor’s job has been completed, and it is shown
  821  that the customer has had to pay more for the contracted job
  822  than the original contract price, as adjusted for subsequent
  823  change orders, unless such increase in cost was the result of
  824  circumstances beyond the control of the contractor, was the
  825  result of circumstances caused by the customer, or was otherwise
  826  permitted by the terms of the contract between the contractor
  827  and the customer.
  828         (k) Being disciplined by any municipality or county for an
  829  act or violation of this chapter.
  830         (l) Failing in any material respect to comply with the
  831  provisions of this chapter, or violating a rule or lawful order
  832  of the department.
  833         (m) Abandoning an asbestos abatement project in which the
  834  asbestos contractor is engaged or under contract as a
  835  contractor. A project may be presumed abandoned after 20 days if
  836  the contractor terminates the project without just cause and
  837  without proper notification to the owner, including the reason
  838  for termination; if the contractor fails to reasonably secure
  839  the project to safeguard the public while work is stopped; or if
  840  the contractor fails to perform work without just cause for 20
  841  days.
  842         (n) Signing a statement with respect to a project or
  843  contract falsely indicating that the work is bonded; falsely
  844  indicating that payment has been made for all subcontracted
  845  work, labor, and materials which results in a financial loss to
  846  the owner, purchaser, or contractor; or falsely indicating that
  847  workers’ compensation and public liability insurance are
  848  provided.
  849         (o) Committing fraud or deceit in the practice of asbestos
  850  consulting or contracting.
  851         (p) Committing incompetency or misconduct in the practice
  852  of asbestos consulting or contracting.
  853         (q) Committing gross negligence, repeated negligence, or
  854  negligence resulting in a significant danger to life or property
  855  in the practice of asbestos consulting or contracting.
  856         (r) Intimidating, threatening, coercing, or otherwise
  857  discouraging the service of a notice to owner under part I of
  858  chapter 713 or a notice to contractor under chapter 255 or part
  859  I of chapter 713.
  860         (s) Failing to satisfy, within a reasonable time, the terms
  861  of a civil judgment obtained against the licensee, or the
  862  business organization qualified by the licensee, relating to the
  863  practice of the licensee’s profession.
  864  
  865  For the purposes of this subsection, construction is considered
  866  to be commenced when the contract is executed and the contractor
  867  has accepted funds from the customer or lender.
  868         Section 36. Subsection (7) is added to section 477.0135,
  869  Florida Statutes, to read:
  870         477.0135 Exemptions.—
  871         (7) A license or registration is not required for a person
  872  whose occupation or practice is confined solely to adding polish
  873  to fingernails and toenails.
  874         Section 37. Subsection (5) of section 481.203, Florida
  875  Statutes, is amended to read:
  876         481.203 Definitions.—As used in this part:
  877         (5) “Business organization” means a partnership, a limited
  878  liability company, a corporation, or an individual operating
  879  under a fictitious name “Certificate of authorization” means a
  880  certificate issued by the department to a corporation or
  881  partnership to practice architecture or interior design.
  882         Section 38. Section 481.219, Florida Statutes, is amended
  883  to read:
  884         481.219 Business organization; qualifying agents
  885  Certification of partnerships, limited liability companies, and
  886  corporations.—
  887         (1) A licensee may The practice of or the offer to practice
  888  architecture or interior design by licensees through a business
  889  organization that offers corporation, limited liability company,
  890  or partnership offering architectural or interior design
  891  services to the public, or through by a business organization
  892  that offers corporation, limited liability company, or
  893  partnership offering architectural or interior design services
  894  to the public through such licensees under this part as agents,
  895  employees, officers, or partners, is permitted, subject to the
  896  provisions of this section.
  897         (2) If a licensee or an applicant proposes to engage in the
  898  practice of architecture or interior design as a business
  899  organization, the licensee or applicant must apply to qualify
  900  the business organization For the purposes of this section, a
  901  certificate of authorization shall be required for a
  902  corporation, limited liability company, partnership, or person
  903  practicing under a fictitious name, offering architectural
  904  services to the public jointly or separately. However, when an
  905  individual is practicing architecture in her or his own name,
  906  she or he shall not be required to be certified under this
  907  section. Certification under this subsection to offer
  908  architectural services shall include all the rights and
  909  privileges of certification under subsection (3) to offer
  910  interior design services.
  911         (a) An application to qualify a business organization must:
  912         1.If the business is a partnership, state the names of the
  913  partnership and its partners.
  914         2.If the business is a corporation, state the names of the
  915  corporation and its officers and directors and the name of each
  916  of its stockholders who is also an officer or a director.
  917         3.If the business is operating under a fictitious name,
  918  state the fictitious name under which it is doing business.
  919         4.If the business is not a partnership, a corporation, or
  920  operating under a fictitious name, state the name of such other
  921  legal entity and its members.
  922         (b) The board may deny an application to qualify a business
  923  organization if the applicant or any person required to be named
  924  pursuant to paragraph (a) has been involved in past disciplinary
  925  actions or on any grounds for which an individual registration
  926  or certification may be denied.
  927         (3)(a) A business organization may not engage in the
  928  practice of architecture unless its qualifying agent is a
  929  registered architect under this part. A business organization
  930  may not engage in the practice of interior design unless its
  931  qualifying agent is a registered architect or a registered
  932  interior designer under this part. A qualifying agent who
  933  terminates her or his affiliation with a business organization
  934  shall immediately notify the department of such termination. If
  935  the qualifying agent who terminates her or his affiliation is
  936  the only qualifying agent for a business organization, the
  937  business organization must be qualified by another qualifying
  938  agent within 60 days after the termination. Except as provided
  939  in paragraph (b), such a business organization may not engage in
  940  the practice of architecture or interior design until it is
  941  qualified by a qualifying agent.
  942         (b) In the event a qualifying architect or interior
  943  designer ceases employment with the business organization, the
  944  executive director or the chair of the board may authorize
  945  another registered architect or interior designer employed by
  946  the business organization to temporarily serve as its qualifying
  947  agent for a period of no more than 60 days. The business
  948  organization is not authorized to operate beyond such period
  949  under this chapter absent replacement of the qualifying
  950  architect or interior designer who has ceased employment.
  951         (c) A qualifying agent shall notify the department in
  952  writing before engaging in the practice of architecture or
  953  interior design in her or his own name or in affiliation with a
  954  different business organization, and she or he or such business
  955  organization shall supply the same information to the department
  956  as required of applicants under this part For the purposes of
  957  this section, a certificate of authorization shall be required
  958  for a corporation, limited liability company, partnership, or
  959  person operating under a fictitious name, offering interior
  960  design services to the public jointly or separately. However,
  961  when an individual is practicing interior design in her or his
  962  own name, she or he shall not be required to be certified under
  963  this section.
  964         (4) All final construction documents and instruments of
  965  service which include drawings, specifications, plans, reports,
  966  or other papers or documents that involve involving the practice
  967  of architecture which are prepared or approved for the use of
  968  the business organization corporation, limited liability
  969  company, or partnership and filed for public record within the
  970  state must shall bear the signature and seal of the licensee who
  971  prepared or approved them and the date on which they were
  972  sealed.
  973         (5) All drawings, specifications, plans, reports, or other
  974  papers or documents prepared or approved for the use of the
  975  business organization corporation, limited liability company, or
  976  partnership by an interior designer in her or his professional
  977  capacity and filed for public record within the state must shall
  978  bear the signature and seal of the licensee who prepared or
  979  approved them and the date on which they were sealed.
  980         (6) The department shall issue a certificate of
  981  authorization to any applicant who the board certifies as
  982  qualified for a certificate of authorization and who has paid
  983  the fee set in s. 481.207.
  984         (6)(7) The board shall allow certify an applicant to
  985  qualify one or more business organizations as qualified for a
  986  certificate of authorization to offer architectural or interior
  987  design services, or to use a fictitious name to offer such
  988  services, if one of the following criteria is met provided that:
  989         (a) One or more of the principal officers of the
  990  corporation or limited liability company, or one or more
  991  partners of the partnership, and all personnel of the
  992  corporation, limited liability company, or partnership who act
  993  in its behalf in this state as architects, are registered as
  994  provided by this part.; or
  995         (b) One or more of the principal officers of the
  996  corporation or one or more partners of the partnership, and all
  997  personnel of the corporation, limited liability company, or
  998  partnership who act in its behalf in this state as interior
  999  designers, are registered as provided by this part.
 1000         (8) The department shall adopt rules establishing a
 1001  procedure for the biennial renewal of certificates of
 1002  authorization.
 1003         (9) The department shall renew a certificate of
 1004  authorization upon receipt of the renewal application and
 1005  biennial renewal fee.
 1006         (7)(10) Each qualifying agent approved to qualify a
 1007  business organization partnership, limited liability company,
 1008  and corporation certified under this section shall notify the
 1009  department within 30 days of any change in the information
 1010  contained in the application upon which the qualification
 1011  certification is based. Any registered architect or interior
 1012  designer who qualifies the business organization shall ensure
 1013  corporation, limited liability company, or partnership as
 1014  provided in subsection (7) shall be responsible for ensuring
 1015  responsible supervising control of projects of the business
 1016  organization entity and upon termination of her or his
 1017  employment with a business organization qualified partnership,
 1018  limited liability company, or corporation certified under this
 1019  section shall notify the department of the termination within 30
 1020  days.
 1021         (8)(11)A business organization is not No corporation,
 1022  limited liability company, or partnership shall be relieved of
 1023  responsibility for the conduct or acts of its agents, employees,
 1024  or officers by reason of its compliance with this section.
 1025  However, except as provided in s. 558.0035, the architect who
 1026  signs and seals the construction documents and instruments of
 1027  service is shall be liable for the professional services
 1028  performed, and the interior designer who signs and seals the
 1029  interior design drawings, plans, or specifications is shall be
 1030  liable for the professional services performed.
 1031         (12) Disciplinary action against a corporation, limited
 1032  liability company, or partnership shall be administered in the
 1033  same manner and on the same grounds as disciplinary action
 1034  against a registered architect or interior designer,
 1035  respectively.
 1036         (9)(13)Nothing in This section may not shall be construed
 1037  to mean that a certificate of registration to practice
 1038  architecture or interior design must shall be held by a business
 1039  organization corporation, limited liability company, or
 1040  partnership. Nothing in This section does not prohibit a
 1041  business organization from offering prohibits corporations,
 1042  limited liability companies, and partnerships from joining
 1043  together to offer architectural, engineering, interior design,
 1044  surveying and mapping, and landscape architectural services, or
 1045  any combination of such services, to the public if the business
 1046  organization, provided that each corporation, limited liability
 1047  company, or partnership otherwise meets the requirements of law.
 1048         (10)(14)A business organization that is qualified by a
 1049  registered architect may Corporations, limited liability
 1050  companies, or partnerships holding a valid certificate of
 1051  authorization to practice architecture shall be permitted to use
 1052  in their title the term “interior designer” or “registered
 1053  interior designer” in its title. designer.
 1054         Section 39. Subsection (10) of section 481.221, Florida
 1055  Statutes, is amended to read:
 1056         481.221 Seals; display of certificate number.—
 1057         (10) Each registered architect or interior designer, and
 1058  each corporation, limited liability company, or partnership
 1059  holding a certificate of authorization, shall must include her
 1060  or his license its certificate number in any newspaper,
 1061  telephone directory, or other advertising medium used by the
 1062  registered licensee architect, interior designer, corporation,
 1063  limited liability company, or partnership. Each business
 1064  organization must include the license number of the registered
 1065  architect or interior designer who serves as the qualifying
 1066  agent for that business organization in any newspaper, telephone
 1067  directory, or other advertising medium used by the business
 1068  organization, but is not required to display the license numbers
 1069  of other registered architects or interior designers employed by
 1070  the business organization A corporation, limited liability
 1071  company, or partnership is not required to display the
 1072  certificate number of individual registered architects or
 1073  interior designers employed by or working within the
 1074  corporation, limited liability company, or partnership.
 1075         Section 40. Paragraphs (a) and (c) of subsection (5) of
 1076  section 481.229, Florida Statutes, are amended to read:
 1077         481.229 Exceptions; exemptions from licensure.—
 1078         (5)(a) Nothing contained in This part does not prohibit
 1079  shall prevent a registered architect or a qualified business
 1080  organization partnership, limited liability company, or
 1081  corporation holding a valid certificate of authorization to
 1082  provide architectural services from performing any interior
 1083  design service or from using the title “interior designer” or
 1084  “registered interior designer.”
 1085         (c) Notwithstanding any other provision of this part, a
 1086  registered architect or qualified business organization
 1087  certified any corporation, partnership, or person operating
 1088  under a fictitious name which holds a certificate of
 1089  authorization to provide architectural services must shall be
 1090  qualified, without fee, for a certificate of authorization to
 1091  provide interior design services upon submission of a completed
 1092  application for qualification therefor. For corporations,
 1093  partnerships, and persons operating under a fictitious name
 1094  which hold a certificate of authorization to provide interior
 1095  design services, satisfaction of the requirements for renewal of
 1096  the certificate of authorization to provide architectural
 1097  services under s. 481.219 shall be deemed to satisfy the
 1098  requirements for renewal of the certificate of authorization to
 1099  provide interior design services under that section.
 1100         Section 41. Section 481.303, Florida Statutes, is reordered
 1101  and amended to read:
 1102         481.303 Definitions.—As used in this chapter, the term:
 1103         (1) “Board” means the Board of Landscape Architecture.
 1104         (3)(2) “Department” means the Department of Business and
 1105  Professional Regulation.
 1106         (6)(3) “Registered landscape architect” means a person who
 1107  holds a license to practice landscape architecture in this state
 1108  under the authority of this act.
 1109         (2)(4) “Certificate of registration” means a license issued
 1110  by the department to a natural person to engage in the practice
 1111  of landscape architecture.
 1112         (5) “Certificate of authorization” means a license issued
 1113  by the department to a corporation or partnership to engage in
 1114  the practice of landscape architecture.
 1115         (4)(6) “Landscape architecture” means professional
 1116  services, including, but not limited to, the following:
 1117         (a) Consultation, investigation, research, planning,
 1118  design, preparation of drawings, specifications, contract
 1119  documents and reports, responsible construction supervision, or
 1120  landscape management in connection with the planning and
 1121  development of land and incidental water areas, including the
 1122  use of Florida-friendly landscaping as defined in s. 373.185,
 1123  where, and to the extent that, the dominant purpose of such
 1124  services or creative works is the preservation, conservation,
 1125  enhancement, or determination of proper land uses, natural land
 1126  features, ground cover and plantings, or naturalistic and
 1127  aesthetic values;
 1128         (b) The determination of settings, grounds, and approaches
 1129  for and the siting of buildings and structures, outdoor areas,
 1130  or other improvements;
 1131         (c) The setting of grades, shaping and contouring of land
 1132  and water forms, determination of drainage, and provision for
 1133  storm drainage and irrigation systems where such systems are
 1134  necessary to the purposes outlined herein; and
 1135         (d) The design of such tangible objects and features as are
 1136  necessary to the purpose outlined herein.
 1137         (5)(7) “Landscape design” means consultation for and
 1138  preparation of planting plans drawn for compensation, including
 1139  specifications and installation details for plant materials,
 1140  soil amendments, mulches, edging, gravel, and other similar
 1141  materials. Such plans may include only recommendations for the
 1142  conceptual placement of tangible objects for landscape design
 1143  projects. Construction documents, details, and specifications
 1144  for tangible objects and irrigation systems shall be designed or
 1145  approved by licensed professionals as required by law.
 1146         Section 42. Subsection (5) of section 481.321, Florida
 1147  Statutes, is amended to read:
 1148         481.321 Seals; display of certificate number.—
 1149         (5) Each registered landscape architect must and each
 1150  corporation or partnership holding a certificate of
 1151  authorization shall include her or his its certificate number in
 1152  any newspaper, telephone directory, or other advertising medium
 1153  used by the registered landscape architect, corporation, or
 1154  partnership. A corporation or partnership must is not required
 1155  to display the certificate number numbers of at least one
 1156  officer, director, owner, or partner who is a individual
 1157  registered landscape architect architects employed by or
 1158  practicing with the corporation or partnership.
 1159         Section 43. Subsection (4) of section 481.311, Florida
 1160  Statutes, is amended to read:
 1161         481.311 Licensure.—
 1162         (4) The board shall certify as qualified for a certificate
 1163  of authorization any applicant corporation or partnership who
 1164  satisfies the requirements of s. 481.319.
 1165         Section 44. Subsection (2) of section 481.317, Florida
 1166  Statutes, is amended to read:
 1167         481.317 Temporary certificates.—
 1168         (2) Upon approval by the board and payment of the fee set
 1169  in s. 481.307, the department shall grant a temporary
 1170  certificate of authorization for work on one specified project
 1171  in this state for a period not to exceed 1 year to an out-of
 1172  state corporation, partnership, or firm, provided one of the
 1173  principal officers of the corporation, one of the partners of
 1174  the partnership, or one of the principals in the fictitiously
 1175  named firm has obtained a temporary certificate of registration
 1176  in accordance with subsection (1).
 1177         Section 45. Section 481.319, Florida Statutes, is amended
 1178  to read:
 1179         481.319 Corporate and partnership practice of landscape
 1180  architecture; certificate of authorization.—
 1181         (1) The practice of or offer to practice landscape
 1182  architecture by registered landscape architects registered under
 1183  this part through a corporation or partnership offering
 1184  landscape architectural services to the public, or through a
 1185  corporation or partnership offering landscape architectural
 1186  services to the public through individual registered landscape
 1187  architects as agents, employees, officers, or partners, is
 1188  permitted, subject to the provisions of this section, if:
 1189         (a) One or more of the principal officers of the
 1190  corporation, or partners of the partnership, and all personnel
 1191  of the corporation or partnership who act in its behalf as
 1192  landscape architects in this state are registered landscape
 1193  architects; and
 1194         (b) One or more of the officers, one or more of the
 1195  directors, one or more of the owners of the corporation, or one
 1196  or more of the partners of the partnership is a registered
 1197  landscape architect; and
 1198         (c) The corporation or partnership has been issued a
 1199  certificate of authorization by the board as provided herein.
 1200         (2) All documents involving the practice of landscape
 1201  architecture which are prepared for the use of the corporation
 1202  or partnership shall bear the signature and seal of a registered
 1203  landscape architect.
 1204         (3) A landscape architect applying to practice in the name
 1205  of a An applicant corporation must shall file with the
 1206  department the names and addresses of all officers and board
 1207  members of the corporation, including the principal officer or
 1208  officers, duly registered to practice landscape architecture in
 1209  this state and, also, of all individuals duly registered to
 1210  practice landscape architecture in this state who shall be in
 1211  responsible charge of the practice of landscape architecture by
 1212  the corporation in this state. A landscape architect applying to
 1213  practice in the name of a An applicant partnership must shall
 1214  file with the department the names and addresses of all partners
 1215  of the partnership, including the partner or partners duly
 1216  registered to practice landscape architecture in this state and,
 1217  also, of an individual or individuals duly registered to
 1218  practice landscape architecture in this state who shall be in
 1219  responsible charge of the practice of landscape architecture by
 1220  said partnership in this state.
 1221         (4) Each landscape architect qualifying a partnership or
 1222  and corporation licensed under this part must shall notify the
 1223  department within 1 month of any change in the information
 1224  contained in the application upon which the license is based.
 1225  Any landscape architect who terminates her or his or her
 1226  employment with a partnership or corporation licensed under this
 1227  part shall notify the department of the termination within 1
 1228  month.
 1229         (5) Disciplinary action against a corporation or
 1230  partnership shall be administered in the same manner and on the
 1231  same grounds as disciplinary action against a registered
 1232  landscape architect.
 1233         (6) Except as provided in s. 558.0035, the fact that a
 1234  registered landscape architect practices landscape architecture
 1235  through a corporation or partnership as provided in this section
 1236  does not relieve the landscape architect from personal liability
 1237  for her or his or her professional acts.
 1238         Section 46. Subsection (5) of section 481.329, Florida
 1239  Statutes, is amended to read:
 1240         481.329 Exceptions; exemptions from licensure.—
 1241         (5) This part does not prohibit any person from engaging in
 1242  the practice of landscape design, as defined in s. 481.303(5) s.
 1243  481.303(7), or from submitting for approval to a governmental
 1244  agency planting plans that are independent of, or a component
 1245  of, construction documents that are prepared by a Florida
 1246  registered professional. Persons providing landscape design
 1247  services shall not use the title, term, or designation
 1248  “landscape architect,” “landscape architectural,” “landscape
 1249  architecture,” “L.A.,” “landscape engineering,” or any
 1250  description tending to convey the impression that she or he is a
 1251  landscape architect unless she or he is registered as provided
 1252  in this part.
 1253         Section 47. Subsection (14) of section 489.503, Florida
 1254  Statutes, is amended, and subsection (24) is added to that
 1255  section, to read:
 1256         489.503 Exemptions.—This part does not apply to:
 1257         (14) The sale of, installation of, repair of, alteration
 1258  of, addition to, or design of electrical wiring, fixtures,
 1259  appliances, thermostats, apparatus, raceways, computers,
 1260  customer premises equipment, customer premises wiring, and
 1261  conduit, or any part thereof, by an employee, contractor,
 1262  subcontractor, or affiliate of a company operating under a
 1263  certificate issued under chapter 364 or chapter 610, or under a
 1264  local franchise or right-of-way agreement, if those items are
 1265  for the purpose of transmitting data, voice, video, or other
 1266  communications, or commands as part of a cable television,
 1267  community antenna television, radio distribution,
 1268  communications, or telecommunications system. An employee,
 1269  subcontractor, contractor, or affiliate of a company that
 1270  operates under a certificate issued under chapter 364 or chapter
 1271  610, or under a local franchise or right-of-way agreement, is
 1272  not subject to any local ordinance that requires a permit for
 1273  work related to low-voltage electrical work, including related
 1274  technical codes, regulations, and licensure. The scope of this
 1275  exemption is limited to electrical circuits and equipment
 1276  governed by the applicable provisions of Articles 725 (Classes 2
 1277  and 3 circuits only), 770, 800, 810, and 820 of the National
 1278  Electrical Code, current edition, or 47 C.F.R. part 68, and
 1279  employees, contractors, and subcontractors of companies, and
 1280  affiliates thereof, operating under a certificate issued under
 1281  chapter 364 or chapter 610 or under a local franchise or right
 1282  of-way agreement. This subsection does not relieve any person
 1283  from licensure as an alarm system contractor.
 1284         (24) A person who installs low-voltage landscape lighting
 1285  that contains a factory-installed electrical cord with a plug
 1286  and does not require installation, wiring, or a modification to
 1287  the electrical wiring in a structure.
 1288         Section 48. Present paragraphs (a) through (e) of
 1289  subsection (2) of section 489.518, Florida Statutes, are
 1290  redesignated as paragraphs (b) through (f), respectively, and a
 1291  new paragraph (a) is added to that subsection, to read:
 1292         489.518 Alarm system agents.—
 1293         (2)(a) A person who performs only sales or installations of
 1294  wireless alarm systems, other than fire alarm systems, in a
 1295  single-family residence is not required to complete the initial
 1296  training required for burglar alarm system agents.
 1297         Section 49. Paragraph (b) of subsection (13) of section
 1298  718.111, Florida Statutes, is amended to read:
 1299         718.111 The association.—
 1300         (13) FINANCIAL REPORTING.—Within 90 days after the end of
 1301  the fiscal year, or annually on a date provided in the bylaws,
 1302  the association shall prepare and complete, or contract for the
 1303  preparation and completion of, a financial report for the
 1304  preceding fiscal year. Within 21 days after the final financial
 1305  report is completed by the association or received from the
 1306  third party, but not later than 120 days after the end of the
 1307  fiscal year or other date as provided in the bylaws, the
 1308  association shall mail to each unit owner at the address last
 1309  furnished to the association by the unit owner, or hand deliver
 1310  to each unit owner, a copy of the financial report or a notice
 1311  that a copy of the financial report will be mailed or hand
 1312  delivered to the unit owner, without charge, upon receipt of a
 1313  written request from the unit owner. The division shall adopt
 1314  rules setting forth uniform accounting principles and standards
 1315  to be used by all associations and addressing the financial
 1316  reporting requirements for multicondominium associations. The
 1317  rules must include, but not be limited to, standards for
 1318  presenting a summary of association reserves, including a good
 1319  faith estimate disclosing the annual amount of reserve funds
 1320  that would be necessary for the association to fully fund
 1321  reserves for each reserve item based on the straight-line
 1322  accounting method. This disclosure is not applicable to reserves
 1323  funded via the pooling method. In adopting such rules, the
 1324  division shall consider the number of members and annual
 1325  revenues of an association. Financial reports shall be prepared
 1326  as follows:
 1327         (b)1. An association with total annual revenues of less
 1328  than $150,000 shall prepare a report of cash receipts and
 1329  expenditures.
 1330         2. An association that operates fewer than 50 units,
 1331  regardless of the association’s annual revenues, shall prepare a
 1332  report of cash receipts and expenditures in lieu of financial
 1333  statements required by paragraph (a).
 1334         2.3. A report of cash receipts and disbursements must
 1335  disclose the amount of receipts by accounts and receipt
 1336  classifications and the amount of expenses by accounts and
 1337  expense classifications, including, but not limited to, the
 1338  following, as applicable: costs for security, professional and
 1339  management fees and expenses, taxes, costs for recreation
 1340  facilities, expenses for refuse collection and utility services,
 1341  expenses for lawn care, costs for building maintenance and
 1342  repair, insurance costs, administration and salary expenses, and
 1343  reserves accumulated and expended for capital expenditures,
 1344  deferred maintenance, and any other category for which the
 1345  association maintains reserves.
 1346         Section 50. Paragraph (c) of subsection (4) of section
 1347  719.104, Florida Statutes, is amended to read:
 1348         719.104 Cooperatives; access to units; records; financial
 1349  reports; assessments; purchase of leases.—
 1350         (4) FINANCIAL REPORT.—
 1351         (c)1. An association with total annual revenues of less
 1352  than $150,000 shall prepare a report of cash receipts and
 1353  expenditures.
 1354         2. An association in a community of fewer than 50 units,
 1355  regardless of the association’s annual revenues, shall prepare a
 1356  report of cash receipts and expenditures in lieu of the
 1357  financial statements required by paragraph (b), unless the
 1358  declaration or other recorded governing documents provide
 1359  otherwise.
 1360         2.3. A report of cash receipts and expenditures must
 1361  disclose the amount of receipts by accounts and receipt
 1362  classifications and the amount of expenses by accounts and
 1363  expense classifications, including the following, as applicable:
 1364  costs for security, professional, and management fees and
 1365  expenses; taxes; costs for recreation facilities; expenses for
 1366  refuse collection and utility services; expenses for lawn care;
 1367  costs for building maintenance and repair; insurance costs;
 1368  administration and salary expenses; and reserves, if maintained
 1369  by the association.
 1370         Section 51. Paragraph (b) of subsection (7) of section
 1371  720.303, Florida Statutes, is amended to read:
 1372         720.303 Association powers and duties; meetings of board;
 1373  official records; budgets; financial reporting; association
 1374  funds; recalls.—
 1375         (7) FINANCIAL REPORTING.—Within 90 days after the end of
 1376  the fiscal year, or annually on the date provided in the bylaws,
 1377  the association shall prepare and complete, or contract with a
 1378  third party for the preparation and completion of, a financial
 1379  report for the preceding fiscal year. Within 21 days after the
 1380  final financial report is completed by the association or
 1381  received from the third party, but not later than 120 days after
 1382  the end of the fiscal year or other date as provided in the
 1383  bylaws, the association shall, within the time limits set forth
 1384  in subsection (5), provide each member with a copy of the annual
 1385  financial report or a written notice that a copy of the
 1386  financial report is available upon request at no charge to the
 1387  member. Financial reports shall be prepared as follows:
 1388         (b)1. An association with total annual revenues of less
 1389  than $150,000 shall prepare a report of cash receipts and
 1390  expenditures.
 1391         2. An association in a community of fewer than 50 parcels,
 1392  regardless of the association’s annual revenues, may prepare a
 1393  report of cash receipts and expenditures in lieu of financial
 1394  statements required by paragraph (a) unless the governing
 1395  documents provide otherwise.
 1396         2.3. A report of cash receipts and disbursement must
 1397  disclose the amount of receipts by accounts and receipt
 1398  classifications and the amount of expenses by accounts and
 1399  expense classifications, including, but not limited to, the
 1400  following, as applicable: costs for security, professional, and
 1401  management fees and expenses; taxes; costs for recreation
 1402  facilities; expenses for refuse collection and utility services;
 1403  expenses for lawn care; costs for building maintenance and
 1404  repair; insurance costs; administration and salary expenses; and
 1405  reserves if maintained by the association.
 1406         Section 52. This act shall take effect July 1, 2016.