Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS for HB 7047
Ì797676bÎ797676
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AE/3R .
05/03/2017 04:40 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. Section 546.13, Florida Statutes, is created to
6 read:
7 546.13 Fantasy contests and fantasy contest operators.—
8 (1) DEFINITIONS.—As used in this section, the term:
9 (a) “Fantasy contest” means any fantasy or simulated game
10 or contest in which:
11 1. The fantasy contest operator is not a participant in the
12 game or contest;
13 2. The value of all prizes and awards offered to winning
14 participants are established and made known to the participants
15 in advance of the contest;
16 3. All winning outcomes reflect the relative knowledge and
17 skill of the participants and are determined predominantly by
18 accumulated statistical results of the performance of
19 individuals, including athletes in the case of sports events;
20 and
21 4. No winning outcome is based on the score, point spread,
22 or any performance or performances of any single actual team or
23 combination of such teams or solely on any single performance of
24 an individual athlete or player in any single actual event.
25 (b) “Fantasy contest operator” means a person or entity
26 that offers fantasy contests for a cash prize or award. The term
27 does not include an individual who serves as the commissioner of
28 10 or fewer fantasy contests.
29 (2) EXEMPTIONS.—A fantasy contest is not subject to
30 regulation by the Department of Business and Professional
31 Regulation and is not subject to s. 849.01, s. 849.08, s.
32 849.09, s. 849.11, s. 849.14, or s. 849.25.
33 Section 2. Paragraph (c) is added to subsection (2) of
34 section 849.0931, Florida Statutes, and subsection (14) of that
35 section is republished, to read:
36 849.0931 Bingo authorized; conditions for conduct;
37 permitted uses of proceeds; limitations.—
38 (2)
39 (c) Veterans’ organizations engaged in charitable, civic,
40 benevolent, or scholastic works or other similar endeavors,
41 which organizations have been in existence for 3 years or more,
42 may conduct instant bingo in accordance with the requirements of
43 this section using electronic tickets in lieu of or together
44 with instant bingo paper tickets, only on the following
45 premises:
46 1. A property owned by the veterans’ organization.
47 2. A property owned by the veterans’ organization that will
48 benefit from the proceeds.
49 3. A property leased for at least 1 year by a veterans’
50 organization, provided that the lease or rental agreement does
51 not provide for the payment of a percentage of the proceeds
52 generated at such premises to the lessor or any other party and
53 provided that the rental rate for such premises does not exceed
54 the rental rates charged for similar premises in the same
55 locale.
56
57 Electronic tickets for instant bingo must be nontransparent
58 until the electronic ticket is opened by the player in
59 electronic form and may be sold or distributed in this state by
60 veterans’ organizations only after the software for such tickets
61 has been independently analyzed and certified to be compliant
62 with this section by a nationally recognized independent gaming
63 laboratory.
64 (14) Any organization or other person who willfully and
65 knowingly violates any provision of this section commits a
66 misdemeanor of the first degree, punishable as provided in s.
67 775.082 or s. 775.083. For a second or subsequent offense, the
68 organization or other person commits a felony of the third
69 degree, punishable as provided in s. 775.082, s. 775.083, or s.
70 775.084.
71 Section 3. Paragraph (h) of subsection (2) of section
72 287.055, Florida Statutes, is amended to read:
73 287.055 Acquisition of professional architectural,
74 engineering, landscape architectural, or surveying and mapping
75 services; definitions; procedures; contingent fees prohibited;
76 penalties.—
77 (2) DEFINITIONS.—For purposes of this section:
78 (h) A “design-build firm” means a partnership, corporation,
79 or other legal entity that:
80 1. Is certified under s. 489.119 to engage in contracting
81 through a certified or registered general contractor or a
82 certified or registered building contractor as the qualifying
83 agent; or
84 2. Is certified under s. 471.023 to practice or to offer to
85 practice engineering; qualified certified under s. 481.219 to
86 practice or to offer to practice architecture; or qualified
87 certified under s. 481.319 to practice or to offer to practice
88 landscape architecture.
89 Section 4. Subsection (13) of section 326.004, Florida
90 Statutes, is amended to read:
91 326.004 Licensing.—
92 (13) Each broker must maintain a principal place of
93 business in this state and may establish branch offices in the
94 state. A separate license must be maintained for each branch
95 office. The division shall establish by rule a fee not to exceed
96 $100 for each branch office license.
97 Section 5. Subsection (3) of section 447.02, Florida
98 Statutes, is amended to read:
99 447.02 Definitions.—The following terms, when used in this
100 chapter, shall have the meanings ascribed to them in this
101 section:
102 (3) The term “department” means the Department of Business
103 and Professional Regulation.
104 Section 6. Section 447.04, Florida Statutes, is repealed.
105 Section 7. Section 447.041, Florida Statutes, is repealed.
106 Section 8. Section 447.045, Florida Statutes, is repealed.
107 Section 9. Section 447.06, Florida Statutes, is repealed.
108 Section 10. Subsections (6) and (8) of section 447.09,
109 Florida Statutes, are amended to read:
110 447.09 Right of franchise preserved; penalties.—It shall be
111 unlawful for any person:
112 (6) To act as a business agent without having obtained and
113 possessing a valid and subsisting license or permit.
114 (8) To make any false statement in an application for a
115 license.
116 Section 11. Section 447.12, Florida Statutes, is repealed.
117 Section 12. Section 447.16, Florida Statutes, is repealed.
118 Section 13. Subsections (1) and (2) of section 468.603,
119 Florida Statutes, are amended to read:
120 468.603 Definitions.—As used in this part:
121 (1) “Building code administrator” or “building official”
122 means any of those employees of municipal or county governments,
123 or any person contracted by a municipal or county government,
124 who have with building construction regulation responsibilities
125 and who are charged with the responsibility for direct
126 regulatory administration or supervision of plan review,
127 enforcement, or inspection of building construction, erection,
128 repair, addition, remodeling, demolition, or alteration projects
129 that require permitting indicating compliance with building,
130 plumbing, mechanical, electrical, gas, fire prevention, energy,
131 accessibility, and other construction codes as required by state
132 law or municipal or county ordinance. This term is synonymous
133 with “building official” as used in the administrative chapter
134 of the Standard Building Code and the South Florida Building
135 Code. One person employed or contracted by each municipal or
136 county government as a building code administrator or building
137 official and who is so certified under this part may be
138 authorized to perform any plan review or inspection for which
139 certification is required by this part.
140 (2) “Building code inspector” means any of those employees
141 of local governments or state agencies, or any person contracted
142 by a local government or state agency, who have with building
143 construction regulation responsibilities and who themselves
144 conduct inspections of building construction, erection, repair,
145 addition, or alteration projects that require permitting
146 indicating compliance with building, plumbing, mechanical,
147 electrical, gas, fire prevention, energy, accessibility, and
148 other construction codes as required by state law or municipal
149 or county ordinance.
150 Section 14. Subsection (3) of section 468.617, Florida
151 Statutes, is amended to read:
152 468.617 Joint building code inspection department; other
153 arrangements.—
154 (3) Nothing in this part shall prohibit any county or
155 municipal government, school board, community college board,
156 state university, or state agency from entering into any
157 contract with any person or entity for the provision of building
158 code administrator, building official, or building code
159 inspection services regulated under this part, and
160 notwithstanding any other statutory provision, such county or
161 municipal governments may enter into contracts.
162 Section 15. Paragraphs (a) and (e) of subsection (2),
163 subsection (3), paragraph (b) of subsection (4), and subsection
164 (6) of section 469.006, Florida Statutes, are amended to read:
165 469.006 Licensure of business organizations; qualifying
166 agents.—
167 (2)(a) If the applicant proposes to engage in consulting or
168 contracting as a partnership, corporation, business trust, or
169 other legal entity, or in any name other than the applicant’s
170 legal name, the legal entity must apply for licensure through a
171 qualifying agent or the individual applicant must apply for
172 licensure under the name of the business organization fictitious
173 name.
174 (e) A The license, when issued upon application of a
175 business organization, must be in the name of the qualifying
176 agent business organization, and the name of the business
177 organization qualifying agent must be noted on the license
178 thereon. If there is a change in any information that is
179 required to be stated on the application, the qualifying agent
180 business organization shall, within 45 days after such change
181 occurs, mail the correct information to the department.
182 (3) The qualifying agent must shall be licensed under this
183 chapter in order for the business organization to be qualified
184 licensed in the category of the business conducted for which the
185 qualifying agent is licensed. If any qualifying agent ceases to
186 be affiliated with such business organization, the agent shall
187 so inform the department. In addition, if such qualifying agent
188 is the only licensed individual affiliated with the business
189 organization, the business organization shall notify the
190 department of the termination of the qualifying agent and has
191 shall have 60 days after from the date of termination of the
192 qualifying agent’s affiliation with the business organization in
193 which to employ another qualifying agent. The business
194 organization may not engage in consulting or contracting until a
195 qualifying agent is employed, unless the department has granted
196 a temporary nonrenewable license to the financially responsible
197 officer, the president, the sole proprietor, a partner, or, in
198 the case of a limited partnership, the general partner, who
199 assumes all responsibilities of a primary qualifying agent for
200 the entity. This temporary license only allows shall only allow
201 the entity to proceed with incomplete contracts.
202 (4)
203 (b) Upon a favorable determination by the department, after
204 investigation of the financial responsibility, credit, and
205 business reputation of the qualifying agent and the new business
206 organization, the department shall issue, without any
207 examination, a new license in the qualifying agent’s business
208 organization’s name, and the name of the business organization
209 qualifying agent shall be noted thereon.
210 (6) Each qualifying agent shall pay the department an
211 amount equal to the original fee for licensure of a new business
212 organization. if the qualifying agent for a business
213 organization desires to qualify additional business
214 organizations., The department shall require the agent to
215 present evidence of supervisory ability and financial
216 responsibility of each such organization. Allowing a licensee to
217 qualify more than one business organization must shall be
218 conditioned upon the licensee showing that the licensee has both
219 the capacity and intent to adequately supervise each business
220 organization. The department may shall not limit the number of
221 business organizations that which the licensee may qualify
222 except upon the licensee’s failure to provide such information
223 as is required under this subsection or upon a finding that the
224 such information or evidence as is supplied is incomplete or
225 unpersuasive in showing the licensee’s capacity and intent to
226 comply with the requirements of this subsection. A qualification
227 for an additional business organization may be revoked or
228 suspended upon a finding by the department that the licensee has
229 failed in the licensee’s responsibility to adequately supervise
230 the operations of the business organization. Failure to
231 adequately supervise the operations of a business organization
232 is shall be grounds for denial to qualify additional business
233 organizations.
234 Section 16. Subsection (1) of section 469.009, Florida
235 Statutes, is amended to read:
236 469.009 License revocation, suspension, and denial of
237 issuance or renewal.—
238 (1) The department may revoke, suspend, or deny the
239 issuance or renewal of a license; reprimand, censure, or place
240 on probation any contractor, consultant, or financially
241 responsible officer, or business organization; require financial
242 restitution to a consumer; impose an administrative fine not to
243 exceed $5,000 per violation; require continuing education; or
244 assess costs associated with any investigation and prosecution
245 if the contractor or consultant, or business organization or
246 officer or agent thereof, is found guilty of any of the
247 following acts:
248 (a) Willfully or deliberately disregarding or violating the
249 health and safety standards of the Occupational Safety and
250 Health Act of 1970, the Construction Safety Act, the National
251 Emission Standards for Asbestos, the Environmental Protection
252 Agency Asbestos Abatement Projects Worker Protection Rule, the
253 Florida Statutes or rules promulgated thereunder, or any
254 ordinance enacted by a political subdivision of this state.
255 (b) Violating any provision of chapter 455.
256 (c) Failing in any material respect to comply with the
257 provisions of this chapter or any rule promulgated hereunder.
258 (d) Acting in the capacity of an asbestos contractor or
259 asbestos consultant under any license issued under this chapter
260 except in the name of the licensee as set forth on the issued
261 license.
262 (e) Proceeding on any job without obtaining all applicable
263 approvals, authorizations, permits, and inspections.
264 (f) Obtaining a license by fraud or misrepresentation.
265 (g) Being convicted or found guilty of, or entering a plea
266 of nolo contendere to, regardless of adjudication, a crime in
267 any jurisdiction which directly relates to the practice of
268 asbestos consulting or contracting or the ability to practice
269 asbestos consulting or contracting.
270 (h) Knowingly violating any building code, lifesafety code,
271 or county or municipal ordinance relating to the practice of
272 asbestos consulting or contracting.
273 (i) Performing any act which assists a person or entity in
274 engaging in the prohibited unlicensed practice of asbestos
275 consulting or contracting, if the licensee knows or has
276 reasonable grounds to know that the person or entity was
277 unlicensed.
278 (j) Committing mismanagement or misconduct in the practice
279 of contracting that causes financial harm to a customer.
280 Financial mismanagement or misconduct occurs when:
281 1. Valid liens have been recorded against the property of a
282 contractor’s customer for supplies or services ordered by the
283 contractor for the customer’s job; the contractor has received
284 funds from the customer to pay for the supplies or services; and
285 the contractor has not had the liens removed from the property,
286 by payment or by bond, within 75 days after the date of such
287 liens;
288 2. The contractor has abandoned a customer’s job and the
289 percentage of completion is less than the percentage of the
290 total contract price paid to the contractor as of the time of
291 abandonment, unless the contractor is entitled to retain such
292 funds under the terms of the contract or refunds the excess
293 funds within 30 days after the date the job is abandoned; or
294 3. The contractor’s job has been completed, and it is shown
295 that the customer has had to pay more for the contracted job
296 than the original contract price, as adjusted for subsequent
297 change orders, unless such increase in cost was the result of
298 circumstances beyond the control of the contractor, was the
299 result of circumstances caused by the customer, or was otherwise
300 permitted by the terms of the contract between the contractor
301 and the customer.
302 (k) Being disciplined by any municipality or county for an
303 act or violation of this chapter.
304 (l) Failing in any material respect to comply with the
305 provisions of this chapter, or violating a rule or lawful order
306 of the department.
307 (m) Abandoning an asbestos abatement project in which the
308 asbestos contractor is engaged or under contract as a
309 contractor. A project may be presumed abandoned after 20 days if
310 the contractor terminates the project without just cause and
311 without proper notification to the owner, including the reason
312 for termination; if the contractor fails to reasonably secure
313 the project to safeguard the public while work is stopped; or if
314 the contractor fails to perform work without just cause for 20
315 days.
316 (n) Signing a statement with respect to a project or
317 contract falsely indicating that the work is bonded; falsely
318 indicating that payment has been made for all subcontracted
319 work, labor, and materials which results in a financial loss to
320 the owner, purchaser, or contractor; or falsely indicating that
321 workers’ compensation and public liability insurance are
322 provided.
323 (o) Committing fraud or deceit in the practice of asbestos
324 consulting or contracting.
325 (p) Committing incompetency or misconduct in the practice
326 of asbestos consulting or contracting.
327 (q) Committing gross negligence, repeated negligence, or
328 negligence resulting in a significant danger to life or property
329 in the practice of asbestos consulting or contracting.
330 (r) Intimidating, threatening, coercing, or otherwise
331 discouraging the service of a notice to owner under part I of
332 chapter 713 or a notice to contractor under chapter 255 or part
333 I of chapter 713.
334 (s) Failing to satisfy, within a reasonable time, the terms
335 of a civil judgment obtained against the licensee, or the
336 business organization qualified by the licensee, relating to the
337 practice of the licensee’s profession.
338
339 For the purposes of this subsection, construction is considered
340 to be commenced when the contract is executed and the contractor
341 has accepted funds from the customer or lender.
342 Section 17. Section 474.2195, Florida Statutes, is created
343 to read:
344 474.2195 Veterinary telemedicine.—
345 (1) As used in this section, the term:
346 (a) “Patient relationship” means a relationship where the
347 veterinarian has assumed the responsibility of making medical
348 judgments regarding the health of an animal and its need for
349 medical treatment.
350 (b) “Physical examination” means the evaluation of a
351 patient by a veterinarian through personal inspection,
352 palpation, and auscultation of the patient. This definition does
353 not apply to s. 474.2185.
354 (c) “Veterinary telemedicine” means the practice of
355 veterinary medicine by a Florida-licensed veterinarian which
356 includes a complete physical examination and the establishment
357 of a patient relationship in which patient care, treatment, or
358 service is provided through the use of medical information
359 exchanged from one site to another via electronic
360 communications.
361 (2) The standard of care for a veterinarian providing
362 veterinary telemedicine services to a patient is the same as the
363 standard of care generally accepted for a veterinarian providing
364 in-person health care services.
365 (3) Veterinary telemedicine must be practiced within the
366 context of a patient relationship except for care, treatment, or
367 service provided to a patient in an emergency until the patient
368 can be seen by or transported to a veterinarian.
369 (4) In the case of herd or flock animals, the establishment
370 of a patient relationship does not require the physical
371 examination of each animal.
372 (5) A veterinarian may consult on patient care with another
373 veterinarian who has an ongoing patient relationship with the
374 patient, including the use of any prescription medication, and
375 may consult on on-call or cross-coverage cases in which the
376 veterinarian has access to patient records, via electronic
377 communications.
378 Section 18. Subsection (2) of section 476.034, Florida
379 Statutes, is amended, and subsections (6) and (7) are added to
380 that section, to read:
381 476.034 Definitions.—As used in this act:
382 (2) “Barbering” means any of the following practices when
383 done for remuneration and for the public, but not when done for
384 the treatment of disease or physical or mental ailments:
385 shaving, cutting, trimming, coloring, shampooing, arranging,
386 dressing, curling, or waving the hair or beard or applying oils,
387 creams, lotions, or other preparations to the face, scalp, or
388 neck, either by hand or by mechanical appliances, and includes
389 restricted barbering services.
390 (6) “Restricted barber” means a person who is licensed to
391 engage in the practice of restricted barbering in this state
392 under the authority of this chapter and is subject to the same
393 requirements and restrictions as a barber, except as specified
394 in s. 476.114.
395 (7) “Restricted barbering” means any of the following
396 practices when done for remuneration and for the public, but not
397 when done for the treatment of disease or physical or mental
398 ailments: shaving, cutting, trimming, shampooing, arranging,
399 dressing, or curling the hair or beard, including the
400 application of shampoo, hair conditioners, shaving creams, hair
401 tonic, and hair spray to the face, scalp, or neck, either by
402 hand or by mechanical appliances. The term does not include the
403 application of oils, creams, lotions, or other preparations to
404 the face, scalp, or neck.
405 Section 19. Present subsection (3) of section 476.114,
406 Florida Statutes, is redesignated as subsection (4) and amended,
407 and a new subsection (3) is added to that section, to read:
408 476.114 Examination; prerequisites.—
409 (3) An applicant is eligible for licensure by examination
410 to practice restricted barbering if the applicant:
411 (a) Is at least 16 years of age;
412 (b) Pays the required application fee;
413 (c) Passes a written examination on the laws and rules
414 governing the practice of barbering in Florida, as established
415 by the board; and
416 (d)1. Holds, or has within the previous 5 years held, an
417 active valid license to practice barbering in another state or
418 country, or has held a Florida barbering license which has been
419 declared null and void for failure to renew the license; or
420 2. Has received a minimum of 1,000 hours of training as
421 established by the board, which must include, but is not limited
422 to, the equivalent of completion of services directly related to
423 the practice of restricted barbering at one of the following:
424 a. A school of barbering licensed pursuant to chapter 1005;
425 b. A barbering program within the public school system; or
426 c. A government-operated barbering program in this state.
427 (4)(3) An applicant who meets the requirements set forth in
428 subparagraphs (2)(c)1. and 2., or subparagraphs (3)(d)1. and 2.,
429 and who fails to pass the examination may take subsequent
430 examinations as many times as necessary to pass, except that the
431 board may specify by rule reasonable timeframes for rescheduling
432 the examination and additional training requirements for
433 applicants who, after the third attempt, fail to pass the
434 examination. Prior to reexamination, the applicant must file the
435 appropriate form and pay the reexamination fee as required by
436 rule.
437 Section 20. Subsection (6) of section 476.144, Florida
438 Statutes, is repealed.
439 Section 21. Subsections (6) and (9) of section 477.013,
440 Florida Statutes, are amended to read:
441 477.013 Definitions.—As used in this chapter:
442 (6) “Specialty” means the practice of one or more of the
443 following:
444 (a) Nail specialty, which includes:
445 1. Manicuring, or the cutting, polishing, tinting,
446 coloring, cleansing, adding, or extending of the nails, and
447 massaging of the hands. This term includes any procedure or
448 process for the affixing of artificial nails, except those nails
449 which may be applied solely by use of a simple adhesive; and.
450 2.(b) Pedicuring, or the shaping, polishing, tinting, or
451 cleansing of the nails of the feet, and massaging or beautifying
452 of the feet.
453 (b)(c) Facial specialty, which includes facials, or the
454 massaging or treating of the face or scalp with oils, creams,
455 lotions, or other preparations, and skin care services.
456 (c) Full specialty, which includes manicuring, pedicuring,
457 and facial services, including all services as described in
458 paragraphs (a) and (b).
459 (9) “Hair braiding” means the weaving or interweaving of
460 natural human hair or commercial hair, including the use of hair
461 extensions or wefts, for compensation without cutting, coloring,
462 permanent waving, relaxing, removing, or chemical treatment and
463 does not include the use of hair extensions or wefts.
464 Section 22. Section 477.0132, Florida Statutes, is
465 repealed.
466 Section 23. Subsections (7), (8), and (9) are added to
467 section 477.0135, Florida Statutes, to read:
468 477.0135 Exemptions.—
469 (7) A license or registration is not required for a person
470 whose occupation or practice is confined solely to hair braiding
471 as defined in s. 477.013(9).
472 (8) A license or registration is not required for a person
473 whose occupation or practice is confined solely to hair wrapping
474 as defined in s. 477.013(10).
475 (9) A license or registration is not required for a person
476 whose occupation or practice is confined solely to body wrapping
477 as defined in s. 477.013(12).
478 Section 24. Paragraph (b) of subsection (7) of section
479 477.019, Florida Statutes, is amended to read:
480 477.019 Cosmetologists; qualifications; licensure;
481 supervised practice; license renewal; endorsement; continuing
482 education.—
483 (7)
484 (b) Any person whose occupation or practice is confined
485 solely to hair braiding, hair wrapping, or body wrapping is
486 exempt from the continuing education requirements of this
487 subsection.
488 Section 25. Paragraph (f) of subsection (1) of section
489 477.026, Florida Statutes, is amended to read:
490 477.026 Fees; disposition.—
491 (1) The board shall set fees according to the following
492 schedule:
493 (f) For hair braiders, hair wrappers, and body wrappers,
494 fees for registration shall not exceed $25.
495 Section 26. Subsection (5) of section 481.203, Florida
496 Statutes, is amended to read:
497 481.203 Definitions.—As used in this part:
498 (5) “Business organization” means a partnership, a limited
499 liability company, a corporation, or an individual operating
500 under a fictitious name “Certificate of authorization” means a
501 certificate issued by the department to a corporation or
502 partnership to practice architecture or interior design.
503 Section 27. Section 481.219, Florida Statutes, is amended
504 to read:
505 481.219 Business organization; qualifying agents
506 Certification of partnerships, limited liability companies, and
507 corporations.—
508 (1) A licensee may The practice of or the offer to practice
509 architecture or interior design by licensees through a business
510 organization that offers corporation, limited liability company,
511 or partnership offering architectural or interior design
512 services to the public, or through by a business organization
513 that offers corporation, limited liability company, or
514 partnership offering architectural or interior design services
515 to the public through such licensees under this part as agents,
516 employees, officers, or partners, is permitted, subject to the
517 provisions of this section.
518 (2) If a licensee or an applicant proposes to engage in the
519 practice of architecture or interior design as a business
520 organization, the licensee or applicant must apply to qualify
521 the business organization For the purposes of this section, a
522 certificate of authorization shall be required for a
523 corporation, limited liability company, partnership, or person
524 practicing under a fictitious name, offering architectural
525 services to the public jointly or separately. However, when an
526 individual is practicing architecture in her or his own name,
527 she or he shall not be required to be certified under this
528 section. Certification under this subsection to offer
529 architectural services shall include all the rights and
530 privileges of certification under subsection (3) to offer
531 interior design services.
532 (a) An application to qualify a business organization must:
533 1. If the business is a partnership, state the names of the
534 partnership and its partners.
535 2. If the business is a corporation, state the names of the
536 corporation and its officers and directors and the name of each
537 of its stockholders who is also an officer or a director.
538 3. If the business is operating under a fictitious name,
539 state the fictitious name under which it is doing business.
540 4. If the business is not a partnership, a corporation, or
541 operating under a fictitious name, state the name of such other
542 legal entity and its members.
543 (b) The board may deny an application to qualify a business
544 organization if the applicant or any person required to be named
545 pursuant to paragraph (a) has been involved in past disciplinary
546 actions or on any grounds for which an individual registration
547 or certification may be denied.
548 (3)(a) A business organization may not engage in the
549 practice of architecture unless its qualifying agent is a
550 registered architect under this part. A business organization
551 may not engage in the practice of interior design unless its
552 qualifying agent is a registered architect or a registered
553 interior designer under this part. A qualifying agent who
554 terminates her or his affiliation with a business organization
555 shall immediately notify the department of such termination. If
556 the qualifying agent who terminates her or his affiliation is
557 the only qualifying agent for a business organization, the
558 business organization must be qualified by another qualifying
559 agent within 60 days after the termination. Except as provided
560 in paragraph (b), the business organization may not engage in
561 the practice of architecture or interior design until it is
562 qualified by a qualifying agent.
563 (b) In the event a qualifying architect or interior
564 designer ceases employment with the business organization, the
565 executive director or the chair of the board may authorize
566 another registered architect or interior designer employed by
567 the business organization to temporarily serve as its qualifying
568 agent for a period of no more than 60 days. The business
569 organization is not authorized to operate beyond such period
570 under this chapter absent replacement of the qualifying
571 architect or interior designer who has ceased employment.
572 (c) A qualifying agent shall notify the department in
573 writing before engaging in the practice of architecture or
574 interior design in her or his own name or in affiliation with a
575 different business organization, and she or he or such business
576 organization shall supply the same information to the department
577 as required of applicants under this part For the purposes of
578 this section, a certificate of authorization shall be required
579 for a corporation, limited liability company, partnership, or
580 person operating under a fictitious name, offering interior
581 design services to the public jointly or separately. However,
582 when an individual is practicing interior design in her or his
583 own name, she or he shall not be required to be certified under
584 this section.
585 (4) All final construction documents and instruments of
586 service which include drawings, specifications, plans, reports,
587 or other papers or documents that involve involving the practice
588 of architecture which are prepared or approved for the use of
589 the business organization corporation, limited liability
590 company, or partnership and filed for public record within the
591 state must shall bear the signature and seal of the licensee who
592 prepared or approved them and the date on which they were
593 sealed.
594 (5) All drawings, specifications, plans, reports, or other
595 papers or documents prepared or approved for the use of the
596 business organization corporation, limited liability company, or
597 partnership by an interior designer in her or his professional
598 capacity and filed for public record within the state must shall
599 bear the signature and seal of the licensee who prepared or
600 approved them and the date on which they were sealed.
601 (6) The department shall issue a certificate of
602 authorization to any applicant who the board certifies as
603 qualified for a certificate of authorization and who has paid
604 the fee set in s. 481.207.
605 (6)(7) The board shall allow certify an applicant to
606 qualify one or more business organizations as qualified for a
607 certificate of authorization to offer architectural or interior
608 design services, or to use a fictitious name to offer such
609 services, if one of the following criteria is met provided that:
610 (a) One or more of the principal officers of the
611 corporation or limited liability company, or one or more
612 partners of the partnership, and all personnel of the
613 corporation, limited liability company, or partnership who act
614 in its behalf in this state as architects, are registered as
615 provided by this part.; or
616 (b) One or more of the principal officers of the
617 corporation or one or more partners of the partnership, and all
618 personnel of the corporation, limited liability company, or
619 partnership who act in its behalf in this state as interior
620 designers, are registered as provided by this part.
621 (8) The department shall adopt rules establishing a
622 procedure for the biennial renewal of certificates of
623 authorization.
624 (9) The department shall renew a certificate of
625 authorization upon receipt of the renewal application and
626 biennial renewal fee.
627 (7)(10) Each qualifying agent approved to qualify a
628 business organization partnership, limited liability company,
629 and corporation certified under this section shall notify the
630 department within 30 days after of any change in the information
631 contained in the application upon which the qualification
632 certification is based. Any registered architect or interior
633 designer who qualifies the business organization shall ensure
634 corporation, limited liability company, or partnership as
635 provided in subsection (7) shall be responsible for ensuring
636 responsible supervising control of projects of the business
637 organization entity and shall notify the department of the upon
638 termination of her or his employment with a business
639 organization qualified partnership, limited liability company,
640 or corporation certified under this section shall notify the
641 department of the termination within 30 days after such
642 termination.
643 (8)(11) A business organization is not No corporation,
644 limited liability company, or partnership shall be relieved of
645 responsibility for the conduct or acts of its agents, employees,
646 or officers by reason of its compliance with this section.
647 However, except as provided in s. 558.0035, the architect who
648 signs and seals the construction documents and instruments of
649 service is shall be liable for the professional services
650 performed, and the interior designer who signs and seals the
651 interior design drawings, plans, or specifications is shall be
652 liable for the professional services performed.
653 (12) Disciplinary action against a corporation, limited
654 liability company, or partnership shall be administered in the
655 same manner and on the same grounds as disciplinary action
656 against a registered architect or interior designer,
657 respectively.
658 (9)(13) Nothing in This section may not shall be construed
659 to mean that a certificate of registration to practice
660 architecture or interior design must shall be held by a business
661 organization corporation, limited liability company, or
662 partnership. Nothing in This section does not prohibit a
663 business organization from offering prohibits corporations,
664 limited liability companies, and partnerships from joining
665 together to offer architectural, engineering, interior design,
666 surveying and mapping, and landscape architectural services, or
667 any combination of such services, to the public if the business
668 organization, provided that each corporation, limited liability
669 company, or partnership otherwise meets the requirements of law.
670 (10)(14) A business organization that is qualified by a
671 registered architect may Corporations, limited liability
672 companies, or partnerships holding a valid certificate of
673 authorization to practice architecture shall be permitted to use
674 in their title the term “interior designer” or “registered
675 interior designer” in its title. designer.”
676 Section 28. Subsection (10) of section 481.221, Florida
677 Statutes, is amended to read:
678 481.221 Seals; display of certificate number.—
679 (10) Each registered architect or interior designer must,
680 and each corporation, limited liability company, or partnership
681 holding a certificate of authorization, shall include her or his
682 license its certificate number in any newspaper, telephone
683 directory, or other advertising medium used by the registered
684 licensee architect, interior designer, corporation, limited
685 liability company, or partnership. Each business organization
686 must include the license number of the registered architect or
687 interior designer who serves as the qualifying agent for that
688 business organization in any newspaper, telephone directory, or
689 other advertising medium used by the business organization, but
690 is not required to display the license numbers of other
691 registered architects or interior designers employed by the
692 business organization A corporation, limited liability company,
693 or partnership is not required to display the certificate number
694 of individual registered architects or interior designers
695 employed by or working within the corporation, limited liability
696 company, or partnership.
697 Section 29. Paragraphs (a) and (c) of subsection (5) of
698 section 481.229, Florida Statutes, are amended to read:
699 481.229 Exceptions; exemptions from licensure.—
700 (5)(a) Nothing contained in This part does not prohibit
701 shall prevent a registered architect or a qualified business
702 organization partnership, limited liability company, or
703 corporation holding a valid certificate of authorization to
704 provide architectural services from performing any interior
705 design service or from using the title “interior designer” or
706 “registered interior designer.”
707 (c) Notwithstanding any other provision of this part, a
708 registered architect or qualified business organization
709 certified any corporation, partnership, or person operating
710 under a fictitious name which holds a certificate of
711 authorization to provide architectural services must shall be
712 qualified, without fee, for a certificate of authorization to
713 provide interior design services upon submission of a completed
714 application for qualification therefor. For corporations,
715 partnerships, and persons operating under a fictitious name
716 which hold a certificate of authorization to provide interior
717 design services, satisfaction of the requirements for renewal of
718 the certificate of authorization to provide architectural
719 services under s. 481.219 shall be deemed to satisfy the
720 requirements for renewal of the certificate of authorization to
721 provide interior design services under that section.
722 Section 30. Section 481.303, Florida Statutes, is reordered
723 and amended to read:
724 481.303 Definitions.—As used in this chapter, the term:
725 (1) “Board” means the Board of Landscape Architecture.
726 (2) “Business organization” means any partnership, limited
727 liability company, corporation, or individual operating under a
728 fictitious name.
729 (4)(2) “Department” means the Department of Business and
730 Professional Regulation.
731 (8)(3) “Registered landscape architect” means a person who
732 holds a license to practice landscape architecture in this state
733 under the authority of this act.
734 (3)(4) “Certificate of registration” means a license issued
735 by the department to a natural person to engage in the practice
736 of landscape architecture.
737 (5) “Certificate of authorization” means a license issued
738 by the department to a corporation or partnership to engage in
739 the practice of landscape architecture.
740 (5)(6) “Landscape architecture” means professional
741 services, including, but not limited to, the following:
742 (a) Consultation, investigation, research, planning,
743 design, preparation of drawings, specifications, contract
744 documents and reports, responsible construction supervision, or
745 landscape management in connection with the planning and
746 development of land and incidental water areas, including the
747 use of Florida-friendly landscaping as defined in s. 373.185,
748 where, and to the extent that, the dominant purpose of such
749 services or creative works is the preservation, conservation,
750 enhancement, or determination of proper land uses, natural land
751 features, ground cover and plantings, or naturalistic and
752 aesthetic values;
753 (b) The determination of settings, grounds, and approaches
754 for and the siting of buildings and structures, outdoor areas,
755 or other improvements;
756 (c) The setting of grades, shaping and contouring of land
757 and water forms, determination of drainage, and provision for
758 storm drainage and irrigation systems where such systems are
759 necessary to the purposes outlined herein; and
760 (d) The design of such tangible objects and features as are
761 necessary to the purpose outlined herein.
762 (6)(7) “Landscape design” means consultation for and
763 preparation of planting plans drawn for compensation, including
764 specifications and installation details for plant materials,
765 soil amendments, mulches, edging, gravel, and other similar
766 materials. Such plans may include only recommendations for the
767 conceptual placement of tangible objects for landscape design
768 projects. Construction documents, details, and specifications
769 for tangible objects and irrigation systems shall be designed or
770 approved by licensed professionals as required by law.
771 (7) “Qualifying agent” means an owner, officer, or director
772 of the corporation, or partner of the partnership, who is
773 responsible for the supervision, direction, and management of
774 projects of the business organization with which she or he is
775 affiliated and for ensuring that responsible supervising control
776 is being exercised.
777 Section 31. Subsection (5) of section 481.321, Florida
778 Statutes, is amended to read:
779 481.321 Seals; display of certificate number.—
780 (5) Each registered landscape architect must and each
781 corporation or partnership holding a certificate of
782 authorization shall include her or his its certificate number in
783 any newspaper, telephone directory, or other advertising medium
784 used by the registered landscape architect, corporation, or
785 partnership. A corporation or partnership must is not required
786 to display the certificate number numbers of at least one
787 officer, director, owner, or partner who is a individual
788 registered landscape architect architects employed by or
789 practicing with the corporation or partnership.
790 Section 32. Subsection (4) of section 481.311, Florida
791 Statutes, is amended to read:
792 481.311 Licensure.—
793 (4) The board shall certify as qualified for a certificate
794 of authorization any applicant corporation or partnership who
795 satisfies the requirements of s. 481.319.
796 Section 33. Subsection (2) of section 481.317, Florida
797 Statutes, is amended to read:
798 481.317 Temporary certificates.—
799 (2) Upon approval by the board and payment of the fee set
800 in s. 481.307, the department shall grant a temporary
801 certificate of authorization for work on one specified project
802 in this state for a period not to exceed 1 year to an out-of
803 state corporation, partnership, or firm, provided one of the
804 principal officers of the corporation, one of the partners of
805 the partnership, or one of the principals in the fictitiously
806 named firm has obtained a temporary certificate of registration
807 in accordance with subsection (1).
808 Section 34. Section 481.319, Florida Statutes, is amended
809 to read:
810 481.319 Corporate and partnership practice of landscape
811 architecture; certificate of authorization.—
812 (1) The practice of or offer to practice landscape
813 architecture by registered landscape architects registered under
814 this part through a corporation or partnership offering
815 landscape architectural services to the public, or through a
816 corporation or partnership offering landscape architectural
817 services to the public through individual registered landscape
818 architects as agents, employees, officers, or partners, is
819 permitted, subject to the provisions of this section, if:
820 (a) One or more of the principal officers of the
821 corporation, or partners of the partnership, and all personnel
822 of the corporation or partnership who act in its behalf as
823 landscape architects in this state are registered landscape
824 architects; and
825 (b) One or more of the officers, one or more of the
826 directors, one or more of the owners of the corporation, or one
827 or more of the partners of the partnership is a registered
828 landscape architect and has applied to be the qualifying agent
829 for the business organization; and
830 (c) The corporation or partnership has been issued a
831 certificate of authorization by the board as provided herein.
832 (2) All documents involving the practice of landscape
833 architecture which are prepared for the use of the corporation
834 or partnership must shall bear the signature and seal of a
835 registered landscape architect.
836 (3) A landscape architect applying to practice in the name
837 of a An applicant corporation must shall file with the
838 department the names and addresses of all officers and board
839 members of the corporation, including the principal officer or
840 officers, duly registered to practice landscape architecture in
841 this state and, also, of all individuals duly registered to
842 practice landscape architecture in this state who shall be in
843 responsible charge of the practice of landscape architecture by
844 the corporation in this state. A landscape architect applying to
845 practice in the name of a An applicant partnership must shall
846 file with the department the names and addresses of all partners
847 of the partnership, including the partner or partners duly
848 registered to practice landscape architecture in this state and,
849 also, of an individual or individuals duly registered to
850 practice landscape architecture in this state who shall be in
851 responsible charge of the practice of landscape architecture by
852 said partnership in this state.
853 (4) Each landscape architect qualifying a partnership or
854 and corporation licensed under this part must shall notify the
855 department within 1 month of any change in the information
856 contained in the application upon which the license is based.
857 Any landscape architect who terminates her or his or her
858 employment with a partnership or corporation licensed under this
859 part shall notify the department of the termination within 1
860 month.
861 (5) Disciplinary action against a corporation or
862 partnership shall be administered in the same manner and on the
863 same grounds as disciplinary action against a registered
864 landscape architect.
865 (5)(6) Except as provided in s. 558.0035, the fact that a
866 registered landscape architect practices landscape architecture
867 through a corporation or partnership as provided in this section
868 does not relieve the landscape architect from personal liability
869 for her or his or her professional acts.
870 Section 35. Subsection (5) of section 481.329, Florida
871 Statutes, is amended to read:
872 481.329 Exceptions; exemptions from licensure.—
873 (5) This part does not prohibit any person from engaging in
874 the practice of landscape design, as defined in s. 481.303(6) s.
875 481.303(7), or from submitting for approval to a governmental
876 agency planting plans that are independent of, or a component
877 of, construction documents that are prepared by a Florida
878 registered professional. Persons providing landscape design
879 services shall not use the title, term, or designation
880 “landscape architect,” “landscape architectural,” “landscape
881 architecture,” “L.A.,” “landscape engineering,” or any
882 description tending to convey the impression that she or he is a
883 landscape architect unless she or he is registered as provided
884 in this part.
885 Section 36. Subsection (1) of section 548.017, Florida
886 Statutes, is amended to read:
887 548.017 Participants, managers, and other persons required
888 to have licenses.—
889 (1) A participant, manager, trainer, second, timekeeper,
890 referee, judge, announcer, physician, matchmaker, or promoter
891 must be licensed before directly or indirectly acting in such
892 capacity in connection with any match involving a participant. A
893 physician approved by the commission must be licensed pursuant
894 to chapter 458 or chapter 459, must maintain an unencumbered
895 license in good standing, and must demonstrate satisfactory
896 medical training or experience in boxing, or a combination of
897 both, to the executive director before working as the ringside
898 physician.
899 Section 37. Paragraph (i) of subsection (2) of section
900 548.003, Florida Statutes, is amended to read:
901 548.003 Florida State Boxing Commission.—
902 (2) The Florida State Boxing Commission, as created by
903 subsection (1), shall administer the provisions of this chapter.
904 The commission has authority to adopt rules pursuant to ss.
905 120.536(1) and 120.54 to implement the provisions of this
906 chapter and to implement each of the duties and responsibilities
907 conferred upon the commission, including, but not limited to:
908 (i) Designation and duties of a knockdown timekeeper.
909 Section 38. This act shall take effect October 1, 2017.
910 ================= T I T L E A M E N D M E N T ================
911 And the title is amended as follows:
912 Delete everything before the enacting clause
913 and insert:
914 A bill to be entitled
915 An act relating to the Department of Business and
916 Professional Regulation; creating s. 546.13, F.S.;
917 defining terms; exempting fantasy contests from
918 certain regulations; amending s. 849.0931, F.S.;
919 authorizing certain veterans’ organizations to conduct
920 instant bingo, subject to certain requirements;
921 amending s. 287.055, F.S.; redefining the term
922 “design-build firm”; amending s. 326.004, F.S.;
923 deleting a requirement that yacht and ship brokers
924 maintain a separate license for each branch office and
925 related fees; amending s. 447.02, F.S.; deleting a
926 definition; repealing s. 447.04, F.S., relating to
927 business agents, licenses, and permits; repealing s.
928 447.041, F.S., relating to hearings; repealing s.
929 447.045, F.S., relating to certain confidential
930 information; repealing s. 447.06, F.S., relating to
931 the required registration of labor organizations;
932 amending s. 447.09, F.S.; deleting prohibitions
933 against specified actions; repealing s. 447.12, F.S.,
934 relating to registration fees; repealing s. 447.16,
935 F.S., relating to the applicability of ch. 447, F.S.;
936 amending s. 468.603, F.S.; redefining the terms
937 “building code administrator,” “building official,”
938 and “building code inspector”; amending s. 468.617,
939 F.S.; providing that a county or municipal government,
940 school board, community college board, state
941 university, or state agency is not prohibited from
942 entering into any contract with any person or entity
943 for the provision of building code administrator or
944 building official services; amending s. 469.006, F.S.;
945 requiring an individual applicant to apply for
946 licensure in the name of the business organization
947 that he or she proposes to operate under; requiring
948 that a license be in the name of a qualifying agent
949 rather than the name of a business organization;
950 requiring the qualifying agent, rather than the
951 business organization, to report certain changes in
952 information; conforming provisions to changes made by
953 the act; amending s. 469.009, F.S.; deleting the
954 authority of the department to reprimand, censure, or
955 impose probation on certain business organizations;
956 creating s. 474.2195, F.S.; defining terms; specifying
957 the standard of care required for veterinary
958 telemedicine services; requiring veterinary
959 telemedicine to be practiced within the context of a
960 patient relationship; providing an exception;
961 specifying that physical examination of each animal is
962 not required for herd or flock animals; authorizing a
963 veterinarian to consult with another veterinarian
964 under certain circumstances; amending s. 476.034,
965 F.S.; defining and redefining terms; amending s.
966 476.114, F.S.; providing requirements for licensure by
967 examination to practice restricted barbering;
968 conforming a provision to changes made by the act;
969 repealing s. 476.144(6), F.S., relating to
970 requirements to apply for a restricted license to
971 practice barbering; amending s. 477.013, F.S.;
972 revising the definitions of the terms “specialty” and
973 “hair braiding”; repealing s. 477.0132, F.S., relating
974 to hair braiding, hair wrapping, and body wrapping
975 registration; amending s. 477.0135, F.S.; exempting
976 from certain licensure and registration requirements
977 persons whose occupations or practices are confined
978 solely to hair braiding, hair wrapping, or body
979 wrapping; amending s. 477.019, F.S.; deleting an
980 exemption from certain continuing education
981 requirements for persons whose occupations or
982 practices are confined solely to hair braiding, hair
983 wrapping, or body wrapping; amending s. 477.026, F.S.;
984 conforming a provision to changes made by the act;
985 amending s. 481.203, F.S.; defining the term “business
986 organization”; deleting the definition of the term
987 “certificate of authorization”; amending s. 481.219,
988 F.S.; revising the process by which a business
989 organization obtains the requisite license to perform
990 architectural services; requiring that a licensee or
991 an applicant apply to qualify a business organization
992 under certain circumstances; specifying application
993 requirements; authorizing the Board of Architecture
994 and Interior Design to deny an application under
995 certain circumstances; requiring that a qualifying
996 agent be a registered architect or a registered
997 interior designer under certain circumstances;
998 requiring that a qualifying agent notify the
999 department when she or he ceases to be affiliated with
1000 a business organization; prohibiting a business
1001 organization from engaging in certain practices until
1002 it is qualified by a qualifying agent; authorizing the
1003 executive director or the chair of the board to
1004 authorize a certain registered architect or interior
1005 designer to temporarily serve as the business
1006 organization’s qualifying agent for a specified
1007 timeframe under certain circumstances; requiring the
1008 qualifying agent to give written notice to the
1009 department before engaging in practice under her or
1010 his own name or in affiliation with another business
1011 organization; requiring the board to certify an
1012 applicant to qualify one or more business
1013 organizations or to operate using a fictitious name
1014 under certain circumstances; conforming provisions to
1015 changes made by the act; amending s. 481.221, F.S.;
1016 requiring a business organization to include the
1017 license number of a certain registered architect or
1018 interior designer in any advertising; providing an
1019 exception; conforming provisions to changes made by
1020 the act; amending s. 481.229, F.S.; conforming
1021 provisions to changes made by the act; reordering and
1022 amending s. 481.303, F.S.; defining and redefining
1023 terms; amending s. 481.321, F.S.; revising provisions
1024 that require persons to display certificate numbers
1025 under certain circumstances; conforming provisions to
1026 changes made by the act; amending ss. 481.311,
1027 481.317, and 481.319, F.S.; conforming provisions to
1028 changes made by the act; amending s. 481.329, F.S.;
1029 conforming a cross-reference; amending s. 548.017,
1030 F.S.; revising the persons required to be licensed by
1031 the State Boxing Commission; amending s. 548.003,
1032 F.S.; conforming a provision to changes made by the
1033 act; providing an effective date.