Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for HB 7047
       
       
       
       
       
       
                                Ì226306ÈÎ226306                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/2R         .                                
             05/02/2017 07:31 PM       .                                
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       Senator Passidomo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (h) of subsection (2) of section
    6  287.055, Florida Statutes, is amended to read:
    7         287.055 Acquisition of professional architectural,
    8  engineering, landscape architectural, or surveying and mapping
    9  services; definitions; procedures; contingent fees prohibited;
   10  penalties.—
   11         (2) DEFINITIONS.—For purposes of this section:
   12         (h) A “design-build firm” means a partnership, corporation,
   13  or other legal entity that:
   14         1. Is certified under s. 489.119 to engage in contracting
   15  through a certified or registered general contractor or a
   16  certified or registered building contractor as the qualifying
   17  agent; or
   18         2. Is certified under s. 471.023 to practice or to offer to
   19  practice engineering; qualified certified under s. 481.219 to
   20  practice or to offer to practice architecture; or qualified
   21  certified under s. 481.319 to practice or to offer to practice
   22  landscape architecture.
   23         Section 2. Subsection (13) of section 326.004, Florida
   24  Statutes, is amended to read:
   25         326.004 Licensing.—
   26         (13) Each broker must maintain a principal place of
   27  business in this state and may establish branch offices in the
   28  state. A separate license must be maintained for each branch
   29  office. The division shall establish by rule a fee not to exceed
   30  $100 for each branch office license.
   31         Section 3. Subsection (3) of section 447.02, Florida
   32  Statutes, is amended to read:
   33         447.02 Definitions.—The following terms, when used in this
   34  chapter, shall have the meanings ascribed to them in this
   35  section:
   36         (3) The term “department” means the Department of Business
   37  and Professional Regulation.
   38         Section 4. Section 447.04, Florida Statutes, is repealed.
   39         Section 5. Section 447.041, Florida Statutes, is repealed.
   40         Section 6. Section 447.045, Florida Statutes, is repealed.
   41         Section 7. Section 447.06, Florida Statutes, is repealed.
   42         Section 8. Subsections (6) and (8) of section 447.09,
   43  Florida Statutes, are amended to read:
   44         447.09 Right of franchise preserved; penalties.—It shall be
   45  unlawful for any person:
   46         (6) To act as a business agent without having obtained and
   47  possessing a valid and subsisting license or permit.
   48         (8) To make any false statement in an application for a
   49  license.
   50         Section 9. Section 447.12, Florida Statutes, is repealed.
   51         Section 10. Section 447.16, Florida Statutes, is repealed.
   52         Section 11. Subsections (1) and (2) of section 468.603,
   53  Florida Statutes, are amended to read:
   54         468.603 Definitions.—As used in this part:
   55         (1) “Building code administrator” or “building official”
   56  means any of those employees of municipal or county governments,
   57  or any person contracted by a municipal or county government,
   58  who have with building construction regulation responsibilities
   59  and who are charged with the responsibility for direct
   60  regulatory administration or supervision of plan review,
   61  enforcement, or inspection of building construction, erection,
   62  repair, addition, remodeling, demolition, or alteration projects
   63  that require permitting indicating compliance with building,
   64  plumbing, mechanical, electrical, gas, fire prevention, energy,
   65  accessibility, and other construction codes as required by state
   66  law or municipal or county ordinance. This term is synonymous
   67  with “building official” as used in the administrative chapter
   68  of the Standard Building Code and the South Florida Building
   69  Code. One person employed or contracted by each municipal or
   70  county government as a building code administrator or building
   71  official and who is so certified under this part may be
   72  authorized to perform any plan review or inspection for which
   73  certification is required by this part.
   74         (2) “Building code inspector” means any of those employees
   75  of local governments or state agencies, or any person contracted
   76  by a local government or state agency, who have with building
   77  construction regulation responsibilities and who themselves
   78  conduct inspections of building construction, erection, repair,
   79  addition, or alteration projects that require permitting
   80  indicating compliance with building, plumbing, mechanical,
   81  electrical, gas, fire prevention, energy, accessibility, and
   82  other construction codes as required by state law or municipal
   83  or county ordinance.
   84         Section 12. Subsection (3) of section 468.617, Florida
   85  Statutes, is amended to read:
   86         468.617 Joint building code inspection department; other
   87  arrangements.—
   88         (3) Nothing in this part shall prohibit any county or
   89  municipal government, school board, community college board,
   90  state university, or state agency from entering into any
   91  contract with any person or entity for the provision of building
   92  code administrator, building official, or building code
   93  inspection services regulated under this part, and
   94  notwithstanding any other statutory provision, such county or
   95  municipal governments may enter into contracts.
   96         Section 13. Paragraphs (a) and (e) of subsection (2),
   97  subsection (3), paragraph (b) of subsection (4), and subsection
   98  (6) of section 469.006, Florida Statutes, are amended to read:
   99         469.006 Licensure of business organizations; qualifying
  100  agents.—
  101         (2)(a) If the applicant proposes to engage in consulting or
  102  contracting as a partnership, corporation, business trust, or
  103  other legal entity, or in any name other than the applicant’s
  104  legal name, the legal entity must apply for licensure through a
  105  qualifying agent or the individual applicant must apply for
  106  licensure under the name of the business organization fictitious
  107  name.
  108         (e) A The license, when issued upon application of a
  109  business organization, must be in the name of the qualifying
  110  agent business organization, and the name of the business
  111  organization qualifying agent must be noted on the license
  112  thereon. If there is a change in any information that is
  113  required to be stated on the application, the qualifying agent
  114  business organization shall, within 45 days after such change
  115  occurs, mail the correct information to the department.
  116         (3) The qualifying agent must shall be licensed under this
  117  chapter in order for the business organization to be qualified
  118  licensed in the category of the business conducted for which the
  119  qualifying agent is licensed. If any qualifying agent ceases to
  120  be affiliated with such business organization, the agent shall
  121  so inform the department. In addition, if such qualifying agent
  122  is the only licensed individual affiliated with the business
  123  organization, the business organization shall notify the
  124  department of the termination of the qualifying agent and has
  125  shall have 60 days after from the date of termination of the
  126  qualifying agent’s affiliation with the business organization in
  127  which to employ another qualifying agent. The business
  128  organization may not engage in consulting or contracting until a
  129  qualifying agent is employed, unless the department has granted
  130  a temporary nonrenewable license to the financially responsible
  131  officer, the president, the sole proprietor, a partner, or, in
  132  the case of a limited partnership, the general partner, who
  133  assumes all responsibilities of a primary qualifying agent for
  134  the entity. This temporary license only allows shall only allow
  135  the entity to proceed with incomplete contracts.
  136         (4)
  137         (b) Upon a favorable determination by the department, after
  138  investigation of the financial responsibility, credit, and
  139  business reputation of the qualifying agent and the new business
  140  organization, the department shall issue, without any
  141  examination, a new license in the qualifying agent’s business
  142  organization’s name, and the name of the business organization
  143  qualifying agent shall be noted thereon.
  144         (6) Each qualifying agent shall pay the department an
  145  amount equal to the original fee for licensure of a new business
  146  organization. if the qualifying agent for a business
  147  organization desires to qualify additional business
  148  organizations., The department shall require the agent to
  149  present evidence of supervisory ability and financial
  150  responsibility of each such organization. Allowing a licensee to
  151  qualify more than one business organization must shall be
  152  conditioned upon the licensee showing that the licensee has both
  153  the capacity and intent to adequately supervise each business
  154  organization. The department may shall not limit the number of
  155  business organizations that which the licensee may qualify
  156  except upon the licensee’s failure to provide such information
  157  as is required under this subsection or upon a finding that the
  158  such information or evidence as is supplied is incomplete or
  159  unpersuasive in showing the licensee’s capacity and intent to
  160  comply with the requirements of this subsection. A qualification
  161  for an additional business organization may be revoked or
  162  suspended upon a finding by the department that the licensee has
  163  failed in the licensee’s responsibility to adequately supervise
  164  the operations of the business organization. Failure to
  165  adequately supervise the operations of a business organization
  166  is shall be grounds for denial to qualify additional business
  167  organizations.
  168         Section 14. Subsection (1) of section 469.009, Florida
  169  Statutes, is amended to read:
  170         469.009 License revocation, suspension, and denial of
  171  issuance or renewal.—
  172         (1) The department may revoke, suspend, or deny the
  173  issuance or renewal of a license; reprimand, censure, or place
  174  on probation any contractor, consultant, or financially
  175  responsible officer, or business organization; require financial
  176  restitution to a consumer; impose an administrative fine not to
  177  exceed $5,000 per violation; require continuing education; or
  178  assess costs associated with any investigation and prosecution
  179  if the contractor or consultant, or business organization or
  180  officer or agent thereof, is found guilty of any of the
  181  following acts:
  182         (a) Willfully or deliberately disregarding or violating the
  183  health and safety standards of the Occupational Safety and
  184  Health Act of 1970, the Construction Safety Act, the National
  185  Emission Standards for Asbestos, the Environmental Protection
  186  Agency Asbestos Abatement Projects Worker Protection Rule, the
  187  Florida Statutes or rules promulgated thereunder, or any
  188  ordinance enacted by a political subdivision of this state.
  189         (b) Violating any provision of chapter 455.
  190         (c) Failing in any material respect to comply with the
  191  provisions of this chapter or any rule promulgated hereunder.
  192         (d) Acting in the capacity of an asbestos contractor or
  193  asbestos consultant under any license issued under this chapter
  194  except in the name of the licensee as set forth on the issued
  195  license.
  196         (e) Proceeding on any job without obtaining all applicable
  197  approvals, authorizations, permits, and inspections.
  198         (f) Obtaining a license by fraud or misrepresentation.
  199         (g) Being convicted or found guilty of, or entering a plea
  200  of nolo contendere to, regardless of adjudication, a crime in
  201  any jurisdiction which directly relates to the practice of
  202  asbestos consulting or contracting or the ability to practice
  203  asbestos consulting or contracting.
  204         (h) Knowingly violating any building code, lifesafety code,
  205  or county or municipal ordinance relating to the practice of
  206  asbestos consulting or contracting.
  207         (i) Performing any act which assists a person or entity in
  208  engaging in the prohibited unlicensed practice of asbestos
  209  consulting or contracting, if the licensee knows or has
  210  reasonable grounds to know that the person or entity was
  211  unlicensed.
  212         (j) Committing mismanagement or misconduct in the practice
  213  of contracting that causes financial harm to a customer.
  214  Financial mismanagement or misconduct occurs when:
  215         1. Valid liens have been recorded against the property of a
  216  contractor’s customer for supplies or services ordered by the
  217  contractor for the customer’s job; the contractor has received
  218  funds from the customer to pay for the supplies or services; and
  219  the contractor has not had the liens removed from the property,
  220  by payment or by bond, within 75 days after the date of such
  221  liens;
  222         2. The contractor has abandoned a customer’s job and the
  223  percentage of completion is less than the percentage of the
  224  total contract price paid to the contractor as of the time of
  225  abandonment, unless the contractor is entitled to retain such
  226  funds under the terms of the contract or refunds the excess
  227  funds within 30 days after the date the job is abandoned; or
  228         3. The contractor’s job has been completed, and it is shown
  229  that the customer has had to pay more for the contracted job
  230  than the original contract price, as adjusted for subsequent
  231  change orders, unless such increase in cost was the result of
  232  circumstances beyond the control of the contractor, was the
  233  result of circumstances caused by the customer, or was otherwise
  234  permitted by the terms of the contract between the contractor
  235  and the customer.
  236         (k) Being disciplined by any municipality or county for an
  237  act or violation of this chapter.
  238         (l) Failing in any material respect to comply with the
  239  provisions of this chapter, or violating a rule or lawful order
  240  of the department.
  241         (m) Abandoning an asbestos abatement project in which the
  242  asbestos contractor is engaged or under contract as a
  243  contractor. A project may be presumed abandoned after 20 days if
  244  the contractor terminates the project without just cause and
  245  without proper notification to the owner, including the reason
  246  for termination; if the contractor fails to reasonably secure
  247  the project to safeguard the public while work is stopped; or if
  248  the contractor fails to perform work without just cause for 20
  249  days.
  250         (n) Signing a statement with respect to a project or
  251  contract falsely indicating that the work is bonded; falsely
  252  indicating that payment has been made for all subcontracted
  253  work, labor, and materials which results in a financial loss to
  254  the owner, purchaser, or contractor; or falsely indicating that
  255  workers’ compensation and public liability insurance are
  256  provided.
  257         (o) Committing fraud or deceit in the practice of asbestos
  258  consulting or contracting.
  259         (p) Committing incompetency or misconduct in the practice
  260  of asbestos consulting or contracting.
  261         (q) Committing gross negligence, repeated negligence, or
  262  negligence resulting in a significant danger to life or property
  263  in the practice of asbestos consulting or contracting.
  264         (r) Intimidating, threatening, coercing, or otherwise
  265  discouraging the service of a notice to owner under part I of
  266  chapter 713 or a notice to contractor under chapter 255 or part
  267  I of chapter 713.
  268         (s) Failing to satisfy, within a reasonable time, the terms
  269  of a civil judgment obtained against the licensee, or the
  270  business organization qualified by the licensee, relating to the
  271  practice of the licensee’s profession.
  272  
  273  For the purposes of this subsection, construction is considered
  274  to be commenced when the contract is executed and the contractor
  275  has accepted funds from the customer or lender.
  276         Section 15. Subsection (2) of section 476.034, Florida
  277  Statutes, is amended, and subsections (6) and (7) are added to
  278  that section, to read:
  279         476.034 Definitions.—As used in this act:
  280         (2) “Barbering” means any of the following practices when
  281  done for remuneration and for the public, but not when done for
  282  the treatment of disease or physical or mental ailments:
  283  shaving, cutting, trimming, coloring, shampooing, arranging,
  284  dressing, curling, or waving the hair or beard or applying oils,
  285  creams, lotions, or other preparations to the face, scalp, or
  286  neck, either by hand or by mechanical appliances, and includes
  287  restricted barbering services.
  288         (6)“Restricted barber” means a person who is licensed to
  289  engage in the practice of restricted barbering in this state
  290  under the authority of this chapter and is subject to the same
  291  requirements and restrictions as a barber, except as specified
  292  in s. 476.114.
  293         (7) “Restricted barbering” means any of the following
  294  practices when done for remuneration and for the public, but not
  295  when done for the treatment of disease or physical or mental
  296  ailments: shaving, cutting, trimming, shampooing, arranging,
  297  dressing, or curling the hair or beard, including the
  298  application of shampoo, hair conditioners, shaving creams, hair
  299  tonic, and hair spray to the face, scalp, or neck, either by
  300  hand or by mechanical appliances. The term does not include the
  301  application of oils, creams, lotions, or other preparations to
  302  the face, scalp, or neck.
  303         Section 16. Present subsection (3) of section 476.114,
  304  Florida Statutes, is redesignated as subsection (4) and amended,
  305  and a new subsection (3) is added to that section, to read:
  306         476.114 Examination; prerequisites.—
  307         (3) An applicant is eligible for licensure by examination
  308  to practice restricted barbering if the applicant:
  309         (a) Is at least 16 years of age;
  310         (b) Pays the required application fee;
  311         (c) Passes a written examination on the laws and rules
  312  governing the practice of barbering in Florida, as established
  313  by the board; and
  314         (d)1. Holds, or has within the previous 5 years held, an
  315  active valid license to practice barbering in another state or
  316  country, or has held a Florida barbering license which has been
  317  declared null and void for failure to renew the license; or
  318         2. Has received a minimum of 1,000 hours of training as
  319  established by the board, which must include, but is not limited
  320  to, the equivalent of completion of services directly related to
  321  the practice of restricted barbering at one of the following:
  322         a. A school of barbering licensed pursuant to chapter 1005;
  323         b. A barbering program within the public school system; or
  324         c. A government-operated barbering program in this state.
  325         (4)(3) An applicant who meets the requirements set forth in
  326  subparagraphs (2)(c)1. and 2., or subparagraphs (3)(d)1. and 2.,
  327  and who fails to pass the examination may take subsequent
  328  examinations as many times as necessary to pass, except that the
  329  board may specify by rule reasonable timeframes for rescheduling
  330  the examination and additional training requirements for
  331  applicants who, after the third attempt, fail to pass the
  332  examination. Prior to reexamination, the applicant must file the
  333  appropriate form and pay the reexamination fee as required by
  334  rule.
  335         Section 17. Subsection (6) of section 476.144, Florida
  336  Statutes, is repealed.
  337         Section 18. Subsection (6) of section 477.013, Florida
  338  Statutes, is amended to read:
  339         477.013 Definitions.—As used in this chapter:
  340         (6) “Specialty” means the practice of one or more of the
  341  following:
  342         (a) Nail specialty, which includes:
  343         1. Manicuring, or the cutting, polishing, tinting,
  344  coloring, cleansing, adding, or extending of the nails, and
  345  massaging of the hands. This term includes any procedure or
  346  process for the affixing of artificial nails, except those nails
  347  which may be applied solely by use of a simple adhesive; and.
  348         2.(b) Pedicuring, or the shaping, polishing, tinting, or
  349  cleansing of the nails of the feet, and massaging or beautifying
  350  of the feet.
  351         (b)(c)Facial specialty, which includes facials, or the
  352  massaging or treating of the face or scalp with oils, creams,
  353  lotions, or other preparations, and skin care services.
  354         (c)Full specialty, which includes manicuring, pedicuring,
  355  and facial services, including all services as described in
  356  paragraphs (a) and (b).
  357         Section 19. Section 477.0132, Florida Statutes, is
  358  repealed.
  359         Section 20. Subsections (7), (8), and (9) are added to
  360  section 477.0135, Florida Statutes, to read:
  361         477.0135 Exemptions.—
  362         (7) A license or registration is not required for a person
  363  whose occupation or practice is confined solely to hair braiding
  364  as defined in s. 477.013(9).
  365         (8) A license or registration is not required for a person
  366  whose occupation or practice is confined solely to hair wrapping
  367  as defined in s. 477.013(10).
  368         (9) A license or registration is not required for a person
  369  whose occupation or practice is confined solely to body wrapping
  370  as defined in s. 477.013(12).
  371         Section 21. Paragraph (b) of subsection (7) of section
  372  477.019, Florida Statutes, is amended to read:
  373         477.019 Cosmetologists; qualifications; licensure;
  374  supervised practice; license renewal; endorsement; continuing
  375  education.—
  376         (7)
  377         (b) Any person whose occupation or practice is confined
  378  solely to hair braiding, hair wrapping, or body wrapping is
  379  exempt from the continuing education requirements of this
  380  subsection.
  381         Section 22. Paragraph (f) of subsection (1) of section
  382  477.026, Florida Statutes, is amended to read:
  383         477.026 Fees; disposition.—
  384         (1) The board shall set fees according to the following
  385  schedule:
  386         (f) For hair braiders, hair wrappers, and body wrappers,
  387  fees for registration shall not exceed $25.
  388         Section 23. Subsection (5) of section 481.203, Florida
  389  Statutes, is amended to read:
  390         481.203 Definitions.—As used in this part:
  391         (5) “Business organization” means a partnership, a limited
  392  liability company, a corporation, or an individual operating
  393  under a fictitious name “Certificate of authorization” means a
  394  certificate issued by the department to a corporation or
  395  partnership to practice architecture or interior design.
  396         Section 24. Section 481.219, Florida Statutes, is amended
  397  to read:
  398         481.219 Business organization; qualifying agents
  399  Certification of partnerships, limited liability companies, and
  400  corporations.—
  401         (1) A licensee may The practice of or the offer to practice
  402  architecture or interior design by licensees through a business
  403  organization that offers corporation, limited liability company,
  404  or partnership offering architectural or interior design
  405  services to the public, or through by a business organization
  406  that offers corporation, limited liability company, or
  407  partnership offering architectural or interior design services
  408  to the public through such licensees under this part as agents,
  409  employees, officers, or partners, is permitted, subject to the
  410  provisions of this section.
  411         (2) If a licensee or an applicant proposes to engage in the
  412  practice of architecture or interior design as a business
  413  organization, the licensee or applicant must apply to qualify
  414  the business organization For the purposes of this section, a
  415  certificate of authorization shall be required for a
  416  corporation, limited liability company, partnership, or person
  417  practicing under a fictitious name, offering architectural
  418  services to the public jointly or separately. However, when an
  419  individual is practicing architecture in her or his own name,
  420  she or he shall not be required to be certified under this
  421  section. Certification under this subsection to offer
  422  architectural services shall include all the rights and
  423  privileges of certification under subsection (3) to offer
  424  interior design services.
  425         (a) An application to qualify a business organization must:
  426         1.If the business is a partnership, state the names of the
  427  partnership and its partners.
  428         2.If the business is a corporation, state the names of the
  429  corporation and its officers and directors and the name of each
  430  of its stockholders who is also an officer or a director.
  431         3.If the business is operating under a fictitious name,
  432  state the fictitious name under which it is doing business.
  433         4.If the business is not a partnership, a corporation, or
  434  operating under a fictitious name, state the name of such other
  435  legal entity and its members.
  436         (b) The board may deny an application to qualify a business
  437  organization if the applicant or any person required to be named
  438  pursuant to paragraph (a) has been involved in past disciplinary
  439  actions or on any grounds for which an individual registration
  440  or certification may be denied.
  441         (3)(a) A business organization may not engage in the
  442  practice of architecture unless its qualifying agent is a
  443  registered architect under this part. A business organization
  444  may not engage in the practice of interior design unless its
  445  qualifying agent is a registered architect or a registered
  446  interior designer under this part. A qualifying agent who
  447  terminates her or his affiliation with a business organization
  448  shall immediately notify the department of such termination. If
  449  the qualifying agent who terminates her or his affiliation is
  450  the only qualifying agent for a business organization, the
  451  business organization must be qualified by another qualifying
  452  agent within 60 days after the termination. Except as provided
  453  in paragraph (b), the business organization may not engage in
  454  the practice of architecture or interior design until it is
  455  qualified by a qualifying agent.
  456         (b) In the event a qualifying architect or interior
  457  designer ceases employment with the business organization, the
  458  executive director or the chair of the board may authorize
  459  another registered architect or interior designer employed by
  460  the business organization to temporarily serve as its qualifying
  461  agent for a period of no more than 60 days. The business
  462  organization is not authorized to operate beyond such period
  463  under this chapter absent replacement of the qualifying
  464  architect or interior designer who has ceased employment.
  465         (c) A qualifying agent shall notify the department in
  466  writing before engaging in the practice of architecture or
  467  interior design in her or his own name or in affiliation with a
  468  different business organization, and she or he or such business
  469  organization shall supply the same information to the department
  470  as required of applicants under this part For the purposes of
  471  this section, a certificate of authorization shall be required
  472  for a corporation, limited liability company, partnership, or
  473  person operating under a fictitious name, offering interior
  474  design services to the public jointly or separately. However,
  475  when an individual is practicing interior design in her or his
  476  own name, she or he shall not be required to be certified under
  477  this section.
  478         (4) All final construction documents and instruments of
  479  service which include drawings, specifications, plans, reports,
  480  or other papers or documents that involve involving the practice
  481  of architecture which are prepared or approved for the use of
  482  the business organization corporation, limited liability
  483  company, or partnership and filed for public record within the
  484  state must shall bear the signature and seal of the licensee who
  485  prepared or approved them and the date on which they were
  486  sealed.
  487         (5) All drawings, specifications, plans, reports, or other
  488  papers or documents prepared or approved for the use of the
  489  business organization corporation, limited liability company, or
  490  partnership by an interior designer in her or his professional
  491  capacity and filed for public record within the state must shall
  492  bear the signature and seal of the licensee who prepared or
  493  approved them and the date on which they were sealed.
  494         (6) The department shall issue a certificate of
  495  authorization to any applicant who the board certifies as
  496  qualified for a certificate of authorization and who has paid
  497  the fee set in s. 481.207.
  498         (6)(7) The board shall allow certify an applicant to
  499  qualify one or more business organizations as qualified for a
  500  certificate of authorization to offer architectural or interior
  501  design services, or to use a fictitious name to offer such
  502  services, if one of the following criteria is met provided that:
  503         (a) One or more of the principal officers of the
  504  corporation or limited liability company, or one or more
  505  partners of the partnership, and all personnel of the
  506  corporation, limited liability company, or partnership who act
  507  in its behalf in this state as architects, are registered as
  508  provided by this part.; or
  509         (b) One or more of the principal officers of the
  510  corporation or one or more partners of the partnership, and all
  511  personnel of the corporation, limited liability company, or
  512  partnership who act in its behalf in this state as interior
  513  designers, are registered as provided by this part.
  514         (8) The department shall adopt rules establishing a
  515  procedure for the biennial renewal of certificates of
  516  authorization.
  517         (9) The department shall renew a certificate of
  518  authorization upon receipt of the renewal application and
  519  biennial renewal fee.
  520         (7)(10) Each qualifying agent approved to qualify a
  521  business organization partnership, limited liability company,
  522  and corporation certified under this section shall notify the
  523  department within 30 days after of any change in the information
  524  contained in the application upon which the qualification
  525  certification is based. Any registered architect or interior
  526  designer who qualifies the business organization shall ensure
  527  corporation, limited liability company, or partnership as
  528  provided in subsection (7) shall be responsible for ensuring
  529  responsible supervising control of projects of the business
  530  organization entity and shall notify the department of the upon
  531  termination of her or his employment with a business
  532  organization qualified partnership, limited liability company,
  533  or corporation certified under this section shall notify the
  534  department of the termination within 30 days after such
  535  termination.
  536         (8)(11)A business organization is not No corporation,
  537  limited liability company, or partnership shall be relieved of
  538  responsibility for the conduct or acts of its agents, employees,
  539  or officers by reason of its compliance with this section.
  540  However, except as provided in s. 558.0035, the architect who
  541  signs and seals the construction documents and instruments of
  542  service is shall be liable for the professional services
  543  performed, and the interior designer who signs and seals the
  544  interior design drawings, plans, or specifications is shall be
  545  liable for the professional services performed.
  546         (12) Disciplinary action against a corporation, limited
  547  liability company, or partnership shall be administered in the
  548  same manner and on the same grounds as disciplinary action
  549  against a registered architect or interior designer,
  550  respectively.
  551         (9)(13)Nothing in This section may not shall be construed
  552  to mean that a certificate of registration to practice
  553  architecture or interior design must shall be held by a business
  554  organization corporation, limited liability company, or
  555  partnership. Nothing in This section does not prohibit a
  556  business organization from offering prohibits corporations,
  557  limited liability companies, and partnerships from joining
  558  together to offer architectural, engineering, interior design,
  559  surveying and mapping, and landscape architectural services, or
  560  any combination of such services, to the public if the business
  561  organization, provided that each corporation, limited liability
  562  company, or partnership otherwise meets the requirements of law.
  563         (10)(14)A business organization that is qualified by a
  564  registered architect may Corporations, limited liability
  565  companies, or partnerships holding a valid certificate of
  566  authorization to practice architecture shall be permitted to use
  567  in their title the term “interior designer” or “registered
  568  interior designer” in its title. designer.
  569         Section 25. Subsection (10) of section 481.221, Florida
  570  Statutes, is amended to read:
  571         481.221 Seals; display of certificate number.—
  572         (10) Each registered architect or interior designer must,
  573  and each corporation, limited liability company, or partnership
  574  holding a certificate of authorization, shall include her or his
  575  license its certificate number in any newspaper, telephone
  576  directory, or other advertising medium used by the registered
  577  licensee architect, interior designer, corporation, limited
  578  liability company, or partnership. Each business organization
  579  must include the license number of the registered architect or
  580  interior designer who serves as the qualifying agent for that
  581  business organization in any newspaper, telephone directory, or
  582  other advertising medium used by the business organization, but
  583  is not required to display the license numbers of other
  584  registered architects or interior designers employed by the
  585  business organization A corporation, limited liability company,
  586  or partnership is not required to display the certificate number
  587  of individual registered architects or interior designers
  588  employed by or working within the corporation, limited liability
  589  company, or partnership.
  590         Section 26. Paragraphs (a) and (c) of subsection (5) of
  591  section 481.229, Florida Statutes, are amended to read:
  592         481.229 Exceptions; exemptions from licensure.—
  593         (5)(a) Nothing contained in This part does not prohibit
  594  shall prevent a registered architect or a qualified business
  595  organization partnership, limited liability company, or
  596  corporation holding a valid certificate of authorization to
  597  provide architectural services from performing any interior
  598  design service or from using the title “interior designer” or
  599  “registered interior designer.”
  600         (c) Notwithstanding any other provision of this part, a
  601  registered architect or qualified business organization
  602  certified any corporation, partnership, or person operating
  603  under a fictitious name which holds a certificate of
  604  authorization to provide architectural services must shall be
  605  qualified, without fee, for a certificate of authorization to
  606  provide interior design services upon submission of a completed
  607  application for qualification therefor. For corporations,
  608  partnerships, and persons operating under a fictitious name
  609  which hold a certificate of authorization to provide interior
  610  design services, satisfaction of the requirements for renewal of
  611  the certificate of authorization to provide architectural
  612  services under s. 481.219 shall be deemed to satisfy the
  613  requirements for renewal of the certificate of authorization to
  614  provide interior design services under that section.
  615         Section 27. Section 481.303, Florida Statutes, is reordered
  616  and amended to read:
  617         481.303 Definitions.—As used in this chapter, the term:
  618         (1) “Board” means the Board of Landscape Architecture.
  619         (2) “Business organization” means any partnership, limited
  620  liability company, corporation, or individual operating under a
  621  fictitious name.
  622         (4)(2) “Department” means the Department of Business and
  623  Professional Regulation.
  624         (8)(3) “Registered landscape architect” means a person who
  625  holds a license to practice landscape architecture in this state
  626  under the authority of this act.
  627         (3)(4) “Certificate of registration” means a license issued
  628  by the department to a natural person to engage in the practice
  629  of landscape architecture.
  630         (5) “Certificate of authorization” means a license issued
  631  by the department to a corporation or partnership to engage in
  632  the practice of landscape architecture.
  633         (5)(6) “Landscape architecture” means professional
  634  services, including, but not limited to, the following:
  635         (a) Consultation, investigation, research, planning,
  636  design, preparation of drawings, specifications, contract
  637  documents and reports, responsible construction supervision, or
  638  landscape management in connection with the planning and
  639  development of land and incidental water areas, including the
  640  use of Florida-friendly landscaping as defined in s. 373.185,
  641  where, and to the extent that, the dominant purpose of such
  642  services or creative works is the preservation, conservation,
  643  enhancement, or determination of proper land uses, natural land
  644  features, ground cover and plantings, or naturalistic and
  645  aesthetic values;
  646         (b) The determination of settings, grounds, and approaches
  647  for and the siting of buildings and structures, outdoor areas,
  648  or other improvements;
  649         (c) The setting of grades, shaping and contouring of land
  650  and water forms, determination of drainage, and provision for
  651  storm drainage and irrigation systems where such systems are
  652  necessary to the purposes outlined herein; and
  653         (d) The design of such tangible objects and features as are
  654  necessary to the purpose outlined herein.
  655         (6)(7) “Landscape design” means consultation for and
  656  preparation of planting plans drawn for compensation, including
  657  specifications and installation details for plant materials,
  658  soil amendments, mulches, edging, gravel, and other similar
  659  materials. Such plans may include only recommendations for the
  660  conceptual placement of tangible objects for landscape design
  661  projects. Construction documents, details, and specifications
  662  for tangible objects and irrigation systems shall be designed or
  663  approved by licensed professionals as required by law.
  664         (7) “Qualifying agent” means an owner, officer, or director
  665  of the corporation, or partner of the partnership, who is
  666  responsible for the supervision, direction, and management of
  667  projects of the business organization with which she or he is
  668  affiliated and for ensuring that responsible supervising control
  669  is being exercised.
  670         Section 28. Subsection (5) of section 481.321, Florida
  671  Statutes, is amended to read:
  672         481.321 Seals; display of certificate number.—
  673         (5) Each registered landscape architect must and each
  674  corporation or partnership holding a certificate of
  675  authorization shall include her or his its certificate number in
  676  any newspaper, telephone directory, or other advertising medium
  677  used by the registered landscape architect, corporation, or
  678  partnership. A corporation or partnership must is not required
  679  to display the certificate number numbers of at least one
  680  officer, director, owner, or partner who is a individual
  681  registered landscape architect architects employed by or
  682  practicing with the corporation or partnership.
  683         Section 29. Subsection (4) of section 481.311, Florida
  684  Statutes, is amended to read:
  685         481.311 Licensure.—
  686         (4) The board shall certify as qualified for a certificate
  687  of authorization any applicant corporation or partnership who
  688  satisfies the requirements of s. 481.319.
  689         Section 30. Subsection (2) of section 481.317, Florida
  690  Statutes, is amended to read:
  691         481.317 Temporary certificates.—
  692         (2) Upon approval by the board and payment of the fee set
  693  in s. 481.307, the department shall grant a temporary
  694  certificate of authorization for work on one specified project
  695  in this state for a period not to exceed 1 year to an out-of
  696  state corporation, partnership, or firm, provided one of the
  697  principal officers of the corporation, one of the partners of
  698  the partnership, or one of the principals in the fictitiously
  699  named firm has obtained a temporary certificate of registration
  700  in accordance with subsection (1).
  701         Section 31. Section 481.319, Florida Statutes, is amended
  702  to read:
  703         481.319 Corporate and partnership practice of landscape
  704  architecture; certificate of authorization.—
  705         (1) The practice of or offer to practice landscape
  706  architecture by registered landscape architects registered under
  707  this part through a corporation or partnership offering
  708  landscape architectural services to the public, or through a
  709  corporation or partnership offering landscape architectural
  710  services to the public through individual registered landscape
  711  architects as agents, employees, officers, or partners, is
  712  permitted, subject to the provisions of this section, if:
  713         (a) One or more of the principal officers of the
  714  corporation, or partners of the partnership, and all personnel
  715  of the corporation or partnership who act in its behalf as
  716  landscape architects in this state are registered landscape
  717  architects; and
  718         (b) One or more of the officers, one or more of the
  719  directors, one or more of the owners of the corporation, or one
  720  or more of the partners of the partnership is a registered
  721  landscape architect and has applied to be the qualifying agent
  722  for the business organization; and
  723         (c) The corporation or partnership has been issued a
  724  certificate of authorization by the board as provided herein.
  725         (2) All documents involving the practice of landscape
  726  architecture which are prepared for the use of the corporation
  727  or partnership must shall bear the signature and seal of a
  728  registered landscape architect.
  729         (3) A landscape architect applying to practice in the name
  730  of a An applicant corporation must shall file with the
  731  department the names and addresses of all officers and board
  732  members of the corporation, including the principal officer or
  733  officers, duly registered to practice landscape architecture in
  734  this state and, also, of all individuals duly registered to
  735  practice landscape architecture in this state who shall be in
  736  responsible charge of the practice of landscape architecture by
  737  the corporation in this state. A landscape architect applying to
  738  practice in the name of a An applicant partnership must shall
  739  file with the department the names and addresses of all partners
  740  of the partnership, including the partner or partners duly
  741  registered to practice landscape architecture in this state and,
  742  also, of an individual or individuals duly registered to
  743  practice landscape architecture in this state who shall be in
  744  responsible charge of the practice of landscape architecture by
  745  said partnership in this state.
  746         (4) Each landscape architect qualifying a partnership or
  747  and corporation licensed under this part must shall notify the
  748  department within 1 month of any change in the information
  749  contained in the application upon which the license is based.
  750  Any landscape architect who terminates her or his or her
  751  employment with a partnership or corporation licensed under this
  752  part shall notify the department of the termination within 1
  753  month.
  754         (5) Disciplinary action against a corporation or
  755  partnership shall be administered in the same manner and on the
  756  same grounds as disciplinary action against a registered
  757  landscape architect.
  758         (5)(6) Except as provided in s. 558.0035, the fact that a
  759  registered landscape architect practices landscape architecture
  760  through a corporation or partnership as provided in this section
  761  does not relieve the landscape architect from personal liability
  762  for her or his or her professional acts.
  763         Section 32. Subsection (5) of section 481.329, Florida
  764  Statutes, is amended to read:
  765         481.329 Exceptions; exemptions from licensure.—
  766         (5) This part does not prohibit any person from engaging in
  767  the practice of landscape design, as defined in s. 481.303(6) s.
  768  481.303(7), or from submitting for approval to a governmental
  769  agency planting plans that are independent of, or a component
  770  of, construction documents that are prepared by a Florida
  771  registered professional. Persons providing landscape design
  772  services shall not use the title, term, or designation
  773  “landscape architect,” “landscape architectural,” “landscape
  774  architecture,” “L.A.,” “landscape engineering,” or any
  775  description tending to convey the impression that she or he is a
  776  landscape architect unless she or he is registered as provided
  777  in this part.
  778         Section 33. Subsection (1) of section 548.017, Florida
  779  Statutes, is amended to read:
  780         548.017 Participants, managers, and other persons required
  781  to have licenses.—
  782         (1) A participant, manager, trainer, second, timekeeper,
  783  referee, judge, announcer, physician, matchmaker, or promoter
  784  must be licensed before directly or indirectly acting in such
  785  capacity in connection with any match involving a participant. A
  786  physician approved by the commission must be licensed pursuant
  787  to chapter 458 or chapter 459, must maintain an unencumbered
  788  license in good standing, and must demonstrate satisfactory
  789  medical training or experience in boxing, or a combination of
  790  both, to the executive director before working as the ringside
  791  physician.
  792         Section 34. Paragraph (i) of subsection (2) of section
  793  548.003, Florida Statutes, is amended to read:
  794         548.003 Florida State Boxing Commission.—
  795         (2) The Florida State Boxing Commission, as created by
  796  subsection (1), shall administer the provisions of this chapter.
  797  The commission has authority to adopt rules pursuant to ss.
  798  120.536(1) and 120.54 to implement the provisions of this
  799  chapter and to implement each of the duties and responsibilities
  800  conferred upon the commission, including, but not limited to:
  801         (i) Designation and duties of a knockdown timekeeper.
  802         Section 35. This act shall take effect October 1, 2017.
  803  
  804  ================= T I T L E  A M E N D M E N T ================
  805  And the title is amended as follows:
  806         Delete everything before the enacting clause
  807  and insert:
  808                        A bill to be entitled                      
  809         An act relating to regulated professions and
  810         occupations; amending s. 287.055, F.S.; redefining the
  811         term “design-build firm”; amending s. 326.004, F.S.;
  812         deleting a requirement that yacht and ship brokers
  813         maintain a separate license for each branch office and
  814         related fees; amending s. 447.02, F.S.; deleting a
  815         definition; repealing s. 447.04, F.S., relating to
  816         business agents, licenses, and permits; repealing s.
  817         447.041, F.S., relating to hearings; repealing s.
  818         447.045, F.S., relating to certain confidential
  819         information; repealing s. 447.06, F.S., relating to
  820         the required registration of labor organizations;
  821         amending s. 447.09, F.S.; deleting prohibitions
  822         against specified actions; repealing s. 447.12, F.S.,
  823         relating to registration fees; repealing s. 447.16,
  824         F.S., relating to the applicability of ch. 447, F.S.;
  825         amending s. 468.603, F.S.; redefining the terms
  826         “building code administrator,” “building official,”
  827         and “building code inspector”; amending s. 468.617,
  828         F.S.; providing that a county or municipal government,
  829         school board, community college board, state
  830         university, or state agency is not prohibited from
  831         entering into any contract with any person or entity
  832         for the provision of building code administrator or
  833         building official services; amending s. 469.006, F.S.;
  834         requiring an individual applicant to apply for
  835         licensure in the name of the business organization
  836         that he or she proposes to operate under; requiring
  837         that a license be in the name of a qualifying agent
  838         rather than the name of a business organization;
  839         requiring the qualifying agent, rather than the
  840         business organization, to report certain changes in
  841         information; conforming provisions to changes made by
  842         the act; amending s. 469.009, F.S.; deleting the
  843         authority of the department to reprimand, censure, or
  844         impose probation on certain business organizations;
  845         amending s. 476.034, F.S.; defining and redefining
  846         terms; amending s. 476.114, F.S.; providing
  847         requirements for licensure by examination to practice
  848         restricted barbering; conforming a provision to
  849         changes made by the act; repealing s. 476.144(6),
  850         F.S., relating to requirements to apply for a
  851         restricted license to practice barbering; amending s.
  852         477.013, F.S.; revising the definition of the term
  853         “specialty”; repealing s. 477.0132, F.S., relating to
  854         hair braiding, hair wrapping, and body wrapping
  855         registration; amending s. 477.0135, F.S.; exempting
  856         from certain licensure and registration requirements
  857         persons whose occupations or practices are confined
  858         solely to hair braiding, hair wrapping, or body
  859         wrapping; amending s. 477.019, F.S.; deleting an
  860         exemption from certain continuing education
  861         requirements for persons whose occupations or
  862         practices are confined solely to hair braiding, hair
  863         wrapping, or body wrapping; amending s. 477.026, F.S.;
  864         conforming a provision to changes made by the act;
  865         amending s. 481.203, F.S.; defining the term “business
  866         organization”; deleting the definition of the term
  867         “certificate of authorization”; amending s. 481.219,
  868         F.S.; revising the process by which a business
  869         organization obtains the requisite license to perform
  870         architectural services; requiring that a licensee or
  871         an applicant apply to qualify a business organization
  872         under certain circumstances; specifying application
  873         requirements; authorizing the Board of Architecture
  874         and Interior Design to deny an application under
  875         certain circumstances; requiring that a qualifying
  876         agent be a registered architect or a registered
  877         interior designer under certain circumstances;
  878         requiring that a qualifying agent notify the
  879         department when she or he ceases to be affiliated with
  880         a business organization; prohibiting a business
  881         organization from engaging in certain practices until
  882         it is qualified by a qualifying agent; authorizing the
  883         executive director or the chair of the board to
  884         authorize a certain registered architect or interior
  885         designer to temporarily serve as the business
  886         organization’s qualifying agent for a specified
  887         timeframe under certain circumstances; requiring the
  888         qualifying agent to give written notice to the
  889         department before engaging in practice under her or
  890         his own name or in affiliation with another business
  891         organization; requiring the board to certify an
  892         applicant to qualify one or more business
  893         organizations or to operate using a fictitious name
  894         under certain circumstances; conforming provisions to
  895         changes made by the act; amending s. 481.221, F.S.;
  896         requiring a business organization to include the
  897         license number of a certain registered architect or
  898         interior designer in any advertising; providing an
  899         exception; conforming provisions to changes made by
  900         the act; amending s. 481.229, F.S.; conforming
  901         provisions to changes made by the act; reordering and
  902         amending s. 481.303, F.S.; defining and redefining
  903         terms; amending s. 481.321, F.S.; revising provisions
  904         that require persons to display certificate numbers
  905         under certain circumstances; conforming provisions to
  906         changes made by the act; amending ss. 481.311,
  907         481.317, and 481.319, F.S.; conforming provisions to
  908         changes made by the act; amending s. 481.329, F.S.;
  909         conforming a cross-reference; amending s. 548.017,
  910         F.S.; revising the persons required to be licensed by
  911         the State Boxing Commission; amending s. 548.003,
  912         F.S.; conforming a provision to changes made by the
  913         act; providing an effective date.