Florida Senate - 2018                                     SB 526
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00757-18                                            2018526__
    1                        A bill to be entitled                      
    2         An act relating to the deregulation of professions and
    3         occupations; amending s. 326.004, F.S.; deleting the
    4         requirement for a yacht broker to maintain a separate
    5         license for each branch office; deleting the
    6         requirement for the Division of Florida Condominiums,
    7         Timeshares, and Mobile Homes to establish a fee;
    8         amending s. 447.02, F.S.; conforming provisions;
    9         repealing s. 447.04, F.S., relating to licensure and
   10         permit requirements for business agents; repealing s.
   11         447.041, F.S., relating to hearings for persons or
   12         labor organizations denied licensure as a business
   13         agent; repealing s. 447.045, F.S., relating to
   14         confidential information obtained during the
   15         application process; repealing s. 447.06, F.S.,
   16         relating to required registration of labor
   17         organizations; amending s. 447.09, F.S.; deleting
   18         certain prohibited actions relating to the right of
   19         franchise of a member of a labor organization;
   20         repealing s. 447.12, F.S., relating to registration
   21         fees; repealing s. 447.16, F.S., relating to
   22         applicability; amending s. 447.305, F.S.; deleting a
   23         provision that requires notification of registrations
   24         and renewals to the Department of Business and
   25         Professional Regulation; amending s. 469.006, F.S.;
   26         revising licensure requirements for asbestos abatement
   27         consulting or contracting as a partnership,
   28         corporation, business trust, or other legal entity;
   29         amending s. 469.009, F.S.; conforming provisions;
   30         amending s. 476.034, F.S.; defining the terms
   31         “restricted barber” and “restricted barbering”;
   32         amending s. 476.114, F.S.; revising training
   33         requirements for licensure as a barber; providing
   34         requirements for licensure by examination as a
   35         restricted barber; amending s. 476.144, F.S.;
   36         requiring the department to license an applicant who
   37         the board certifies is qualified to practice
   38         restricted barbering; amending s. 477.013, F.S.;
   39         revising and providing definitions; repealing s.
   40         477.0132, F.S., relating to registration for hair
   41         braiding, hair wrapping, and body wrapping; amending
   42         s. 477.0135, F.S.; providing that licensure or
   43         registration is not required for persons whose
   44         occupation or practice is confined solely to hair
   45         braiding, hair wrapping, body wrapping, nail
   46         polishing, and makeup application; amending s.
   47         477.019, F.S.; conforming provisions; amending s.
   48         477.0201, F.S.; providing requirements for
   49         registration as a nail specialist, facial specialist,
   50         or full specialist; amending ss. 477.026, 477.0265,
   51         and 477.029, F.S.; conforming provisions; amending s.
   52         481.203, F.S.; revising a definition; amending s.
   53         481.219, F.S.; revising the process by which a
   54         business organization obtains the requisite license to
   55         perform architectural services or interior design;
   56         requiring that a licensee or an applicant apply to
   57         qualify a business organization to practice
   58         architecture or interior design; providing application
   59         requirements; authorizing the Board of Architecture
   60         and Interior Design to deny an application under
   61         certain circumstances; providing notice requirements;
   62         prohibiting a business organization from engaging in
   63         certain practices until it is qualified by a
   64         qualifying agent; authorizing the executive director
   65         or the chair of the board to authorize a temporary
   66         qualifying agent for a specified timeframe under
   67         certain circumstances; requiring the board to allow an
   68         applicant to qualify one or more business
   69         organizations or to operate using a fictitious name
   70         under certain circumstances; deleting a requirement
   71         for the administration of disciplinary action against
   72         a corporation, limited liability company, or
   73         partnership conforming provisions to changes made by
   74         the act; amending s. 481.221, F.S.; requiring a
   75         business organization to include the license number of
   76         a certain registered architect or interior designer in
   77         any advertising; providing an exception; conforming
   78         provisions to changes made by the act; amending s.
   79         481.229, F.S.; conforming provisions to changes made
   80         by the act; amending s. 481.303, F.S.; revising
   81         definitions; amending ss. 481.311 and 481.317, F.S.;
   82         conforming provisions; amending s. 481.319, F.S.;
   83         deleting the requirement for a certificate of
   84         authorization; authorizing landscape architects to
   85         practice through a corporation or partnership;
   86         amending s. 481.321, F.S.; revising requirements
   87         related to the display of a certificate number;
   88         amending s. 481.329, F.S.; conforming a cross
   89         reference; amending s. 287.055, F.S.; conforming a
   90         provision; amending s. 548.003, F.S.; deleting the
   91         requirement that the Florida State Boxing Commission
   92         adopt rules relating to a knockdown timekeeper;
   93         amending s. 548.017, F.S.; deleting the licensure
   94         requirement for a timekeeper or announcer; providing
   95         an effective date.
   96          
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. Subsection (13) of section 326.004, Florida
  100  Statutes, is amended to read:
  101         326.004 Licensing.—
  102         (13) Each broker must maintain a principal place of
  103  business in this state and may establish branch offices in the
  104  state. A separate license must be maintained for each branch
  105  office. The division shall establish by rule a fee not to exceed
  106  $100 for each branch office license.
  107         Section 2. Subsection (3) of section 447.02, Florida
  108  Statutes, is amended to read:
  109         447.02 Definitions.—The following terms, when used in this
  110  chapter, shall have the meanings ascribed to them in this
  111  section:
  112         (3)The term “department” means the Department of Business
  113  and Professional Regulation.
  114         Section 3. Section 447.04, Florida Statutes, is repealed.
  115         Section 4. Section 447.041, Florida Statutes, is repealed.
  116         Section 5. Section 447.045, Florida Statutes, is repealed.
  117         Section 6. Section 447.06, Florida Statutes, is repealed.
  118         Section 7. Subsections (6) and (8) of section 447.09,
  119  Florida Statutes, are amended to read:
  120         447.09 Right of franchise preserved; penalties.—It shall be
  121  unlawful for any person:
  122         (6)To act as a business agent without having obtained and
  123  possessing a valid and subsisting license or permit.
  124         (8)To make any false statement in an application for a
  125  license.
  126         Section 8. Section 447.12, Florida Statutes, is repealed.
  127         Section 9. Section 447.16, Florida Statutes, is repealed.
  128         Section 10. Subsection (4) of section 447.305, Florida
  129  Statutes, is amended to read:
  130         447.305 Registration of employee organization.—
  131         (4)Notification of registrations and renewals of
  132  registration shall be furnished at regular intervals by the
  133  commission to the Department of Business and Professional
  134  Regulation.
  135         Section 11. Paragraphs (a) and (e) of subsection (2),
  136  subsection (3), paragraph (b) of subsection (4), and subsection
  137  (6) of section 469.006, Florida Statutes, are amended to read:
  138         469.006 Licensure of business organizations; qualifying
  139  agents.—
  140         (2)(a) If the applicant proposes to engage in consulting or
  141  contracting as a partnership, corporation, business trust, or
  142  other legal entity, or in any name other than the applicant’s
  143  legal name, the legal entity must apply for licensure through a
  144  qualifying agent or the individual applicant must apply for
  145  licensure under the fictitious name of the business
  146  organization.
  147         (e) A The license, when issued upon application of a
  148  business organization, must be in the name of the qualifying
  149  agent business organization, and the name of the business
  150  organization qualifying agent must be noted on the license
  151  thereon. If there is a change in any information that is
  152  required to be stated on the application, the qualifying agent
  153  business organization shall, within 45 days after such change
  154  occurs, mail the correct information to the department.
  155         (3) The qualifying agent must shall be licensed under this
  156  chapter in order for the business organization to be qualified
  157  licensed in the category of the business conducted for which the
  158  qualifying agent is licensed. If any qualifying agent ceases to
  159  be affiliated with such business organization, the agent shall
  160  so inform the department. In addition, if such qualifying agent
  161  is the only licensed individual affiliated with the business
  162  organization, the business organization shall notify the
  163  department of the termination of the qualifying agent and has
  164  shall have 60 days after from the date of termination of the
  165  qualifying agent’s affiliation with the business organization in
  166  which to employ another qualifying agent. The business
  167  organization may not engage in consulting or contracting until a
  168  qualifying agent is employed, unless the department has granted
  169  a temporary nonrenewable license to the financially responsible
  170  officer, the president, the sole proprietor, a partner, or, in
  171  the case of a limited partnership, the general partner, who
  172  assumes all responsibilities of a primary qualifying agent for
  173  the entity. This temporary license only allows shall only allow
  174  the entity to proceed with incomplete contracts.
  175         (4)
  176         (b) Upon a favorable determination by the department, after
  177  investigation of the financial responsibility, credit, and
  178  business reputation of the qualifying agent and the new business
  179  organization, the department shall issue, without any
  180  examination, a new license in the qualifying agent’s business
  181  organization’s name, and the name of the business organization
  182  qualifying agent shall be noted thereon.
  183         (6) Each qualifying agent shall pay the department an
  184  amount equal to the original fee for licensure of a new business
  185  organization. if the qualifying agent for a business
  186  organization desires to qualify additional business
  187  organizations., The department shall require the agent to
  188  present evidence of supervisory ability and financial
  189  responsibility of each such organization. Allowing a licensee to
  190  qualify more than one business organization must shall be
  191  conditioned upon the licensee showing that the licensee has both
  192  the capacity and intent to adequately supervise each business
  193  organization. The department may shall not limit the number of
  194  business organizations that which the licensee may qualify
  195  except upon the licensee’s failure to provide such information
  196  as is required under this subsection or upon a finding that the
  197  such information or evidence as is supplied is incomplete or
  198  unpersuasive in showing the licensee’s capacity and intent to
  199  comply with the requirements of this subsection. A qualification
  200  for an additional business organization may be revoked or
  201  suspended upon a finding by the department that the licensee has
  202  failed in the licensee’s responsibility to adequately supervise
  203  the operations of the business organization. Failure to
  204  adequately supervise the operations of a business organization
  205  is shall be grounds for denial to qualify additional business
  206  organizations.
  207         Section 12. Subsection (1) of section 469.009, Florida
  208  Statutes, is amended to read:
  209         469.009 License revocation, suspension, and denial of
  210  issuance or renewal.—
  211         (1) The department may revoke, suspend, or deny the
  212  issuance or renewal of a license; reprimand, censure, or place
  213  on probation any contractor, consultant, or financially
  214  responsible officer, or business organization; require financial
  215  restitution to a consumer; impose an administrative fine not to
  216  exceed $5,000 per violation; require continuing education; or
  217  assess costs associated with any investigation and prosecution
  218  if the contractor or consultant, or business organization or
  219  officer or agent thereof, is found guilty of any of the
  220  following acts:
  221         (a) Willfully or deliberately disregarding or violating the
  222  health and safety standards of the Occupational Safety and
  223  Health Act of 1970, the Construction Safety Act, the National
  224  Emission Standards for Asbestos, the Environmental Protection
  225  Agency Asbestos Abatement Projects Worker Protection Rule, the
  226  Florida Statutes or rules promulgated thereunder, or any
  227  ordinance enacted by a political subdivision of this state.
  228         (b) Violating any provision of chapter 455.
  229         (c) Failing in any material respect to comply with the
  230  provisions of this chapter or any rule promulgated hereunder.
  231         (d) Acting in the capacity of an asbestos contractor or
  232  asbestos consultant under any license issued under this chapter
  233  except in the name of the licensee as set forth on the issued
  234  license.
  235         (e) Proceeding on any job without obtaining all applicable
  236  approvals, authorizations, permits, and inspections.
  237         (f) Obtaining a license by fraud or misrepresentation.
  238         (g) Being convicted or found guilty of, or entering a plea
  239  of nolo contendere to, regardless of adjudication, a crime in
  240  any jurisdiction which directly relates to the practice of
  241  asbestos consulting or contracting or the ability to practice
  242  asbestos consulting or contracting.
  243         (h) Knowingly violating any building code, lifesafety code,
  244  or county or municipal ordinance relating to the practice of
  245  asbestos consulting or contracting.
  246         (i) Performing any act which assists a person or entity in
  247  engaging in the prohibited unlicensed practice of asbestos
  248  consulting or contracting, if the licensee knows or has
  249  reasonable grounds to know that the person or entity was
  250  unlicensed.
  251         (j) Committing mismanagement or misconduct in the practice
  252  of contracting that causes financial harm to a customer.
  253  Financial mismanagement or misconduct occurs when:
  254         1. Valid liens have been recorded against the property of a
  255  contractor’s customer for supplies or services ordered by the
  256  contractor for the customer’s job; the contractor has received
  257  funds from the customer to pay for the supplies or services; and
  258  the contractor has not had the liens removed from the property,
  259  by payment or by bond, within 75 days after the date of such
  260  liens;
  261         2. The contractor has abandoned a customer’s job and the
  262  percentage of completion is less than the percentage of the
  263  total contract price paid to the contractor as of the time of
  264  abandonment, unless the contractor is entitled to retain such
  265  funds under the terms of the contract or refunds the excess
  266  funds within 30 days after the date the job is abandoned; or
  267         3. The contractor’s job has been completed, and it is shown
  268  that the customer has had to pay more for the contracted job
  269  than the original contract price, as adjusted for subsequent
  270  change orders, unless such increase in cost was the result of
  271  circumstances beyond the control of the contractor, was the
  272  result of circumstances caused by the customer, or was otherwise
  273  permitted by the terms of the contract between the contractor
  274  and the customer.
  275         (k) Being disciplined by any municipality or county for an
  276  act or violation of this chapter.
  277         (l) Failing in any material respect to comply with the
  278  provisions of this chapter, or violating a rule or lawful order
  279  of the department.
  280         (m) Abandoning an asbestos abatement project in which the
  281  asbestos contractor is engaged or under contract as a
  282  contractor. A project may be presumed abandoned after 20 days if
  283  the contractor terminates the project without just cause and
  284  without proper notification to the owner, including the reason
  285  for termination; if the contractor fails to reasonably secure
  286  the project to safeguard the public while work is stopped; or if
  287  the contractor fails to perform work without just cause for 20
  288  days.
  289         (n) Signing a statement with respect to a project or
  290  contract falsely indicating that the work is bonded; falsely
  291  indicating that payment has been made for all subcontracted
  292  work, labor, and materials which results in a financial loss to
  293  the owner, purchaser, or contractor; or falsely indicating that
  294  workers’ compensation and public liability insurance are
  295  provided.
  296         (o) Committing fraud or deceit in the practice of asbestos
  297  consulting or contracting.
  298         (p) Committing incompetency or misconduct in the practice
  299  of asbestos consulting or contracting.
  300         (q) Committing gross negligence, repeated negligence, or
  301  negligence resulting in a significant danger to life or property
  302  in the practice of asbestos consulting or contracting.
  303         (r) Intimidating, threatening, coercing, or otherwise
  304  discouraging the service of a notice to owner under part I of
  305  chapter 713 or a notice to contractor under chapter 255 or part
  306  I of chapter 713.
  307         (s) Failing to satisfy, within a reasonable time, the terms
  308  of a civil judgment obtained against the licensee, or the
  309  business organization qualified by the licensee, relating to the
  310  practice of the licensee’s profession.
  311  
  312  For the purposes of this subsection, construction is considered
  313  to be commenced when the contract is executed and the contractor
  314  has accepted funds from the customer or lender.
  315         Section 13. Subsections (2) and (3) of section 476.034,
  316  Florida Statutes, are amended, and subsections (6) and (7) are
  317  added to that section, to read:
  318         476.034 Definitions.—As used in this act:
  319         (2) “Barbering” means any of the following practices when
  320  done for remuneration and for the public, but not when done for
  321  the treatment of disease or physical or mental ailments:
  322  shaving, cutting, trimming, coloring, shampooing, arranging,
  323  dressing, curling, or waving the hair or beard or applying oils,
  324  creams, lotions, or other preparations to the face, scalp, or
  325  neck, either by hand or by mechanical appliances, and includes
  326  any services defined as restricted barbering.
  327         (3) “Barbershop” means any place of business wherein the
  328  practice of barbering or restricted barbering is carried on.
  329         (6)“Restricted barber” means a person who is licensed to
  330  engage in the practice of restricted barbering in this state
  331  under the authority of this chapter and is subject to the same
  332  requirements and restrictions as a barber, except as
  333  specifically provided in s. 476.114.
  334         (7)“Restricted barbering” means any of the following
  335  practices when done for remuneration and for the public, but not
  336  when done for the treatment of disease or physical or mental
  337  ailments:
  338         (a)Hair cutting and styling, including the application of
  339  hair tonics and hair spray, but not including the application of
  340  other chemical preparations or solutions to the hair;
  341         (b)Full facial shaves;
  342         (c)Mustache and beard trimming; and
  343         (d)Shampooing hair, including the application of shampoos
  344  and conditioners, and blow drying the hair.
  345         Section 14. Section 476.114, Florida Statutes, is amended
  346  to read:
  347         476.114 Examination; prerequisites.—
  348         (1) A person desiring to be licensed as a barber shall
  349  apply to the department for licensure and.
  350         (2)An applicant shall be eligible for licensure by
  351  examination to practice barbering if the applicant:
  352         (a) Is at least 16 years of age;
  353         (b) Pays the required application fee; and
  354         (c)1. Holds an active valid license to practice barbering
  355  in another state, has held the license for at least 1 year, and
  356  does not qualify for licensure by endorsement as provided for in
  357  s. 476.144(5); or
  358         2. Has received a minimum of 600 1,200 hours of training in
  359  sanitation, safety, and laws and rules, as established by the
  360  board, which must shall include, but shall not be limited to,
  361  the equivalent of completion of services directly related to the
  362  practice of barbering at one of the following:
  363         a. A school of barbering licensed pursuant to chapter 1005;
  364         b. A barbering program within the public school system; or
  365         c. A government-operated barbering program in this state.
  366  
  367  The board shall establish by rule procedures whereby the school
  368  or program may certify that a person is qualified to take the
  369  required examination after the completion of a minimum of 1,000
  370  actual school hours. If the person passes the examination, she
  371  or he shall have satisfied this requirement; but if the person
  372  fails the examination, she or he shall not be qualified to take
  373  the examination again until the completion of the full
  374  requirements provided by this section.
  375         (2)A person desiring to be licensed as a restricted barber
  376  shall apply to the department for licensure and shall be
  377  eligible for licensure by examination to practice restricted
  378  barbering if the applicant:
  379         (a)Is at least 16 years of age;
  380         (b)Pays the required application fee; and
  381         (c)1.Holds an active valid license to practice barbering
  382  in another state, has held the license for at least 1 year, and
  383  does not qualify for licensure by endorsement as provided for in
  384  s. 476.144(5); or
  385         2.Has received a minimum of 325 hours of training in
  386  sanitation, safety, and laws and rules, as established by the
  387  board, which must include, but not be limited to, the equivalent
  388  of completion of services directly related to the practice of
  389  restricted barbering at one of the following:
  390         a.A school of barbering licensed pursuant to chapter 1005;
  391         b.A barbering program within the public school system; or
  392         c.A government-operated barbering program in this state.
  393         (3) An applicant who meets the requirements set forth in
  394  subparagraphs (1)(c)1. and 2. subparagraphs (2)(c)1. and 2. who
  395  fails to pass the examination may take subsequent examinations
  396  as many times as necessary to pass, except that the board may
  397  specify by rule reasonable timeframes for rescheduling the
  398  examination and additional training requirements for applicants
  399  who, after the third attempt, fail to pass the examination.
  400  Before Prior to reexamination, the applicant must file the
  401  appropriate form and pay the reexamination fee as required by
  402  rule.
  403         Section 15. Subsections (1) and (6) of section 476.144,
  404  Florida Statutes, are amended to read:
  405         476.144 Licensure.—
  406         (1) The department shall license any applicant who the
  407  board certifies is qualified to practice barbering or restricted
  408  barbering in this state.
  409         (6) A person may apply for a restricted license to practice
  410  barbering. The board shall adopt rules specifying procedures for
  411  an applicant to obtain a restricted license if the applicant:
  412         (a)1. Has successfully completed a restricted barber
  413  course, as established by rule of the board, at a school of
  414  barbering licensed pursuant to chapter 1005, a barbering program
  415  within the public school system, or a government-operated
  416  barbering program in this state; or
  417         2.a. Holds or has within the previous 5 years held an
  418  active valid license to practice barbering in another state or
  419  country or has held a Florida barbering license which has been
  420  declared null and void for failure to renew the license, and the
  421  applicant fulfilled the requirements of s. 476.114(2)(c)2. for
  422  initial licensure; and
  423         b. Has not been disciplined relating to the practice of
  424  barbering in the previous 5 years; and
  425         (b) Passes a written examination on the laws and rules
  426  governing the practice of barbering in Florida, as established
  427  by the board.
  428  
  429  The restricted license shall limit the licensee’s practice to
  430  those specific areas in which the applicant has demonstrated
  431  competence pursuant to rules adopted by the board.
  432         Section 16. Subsections (6) and (9) of section 477.013,
  433  Florida Statutes, are amended to read:
  434         477.013 Definitions.—As used in this chapter:
  435         (6) “Specialty” means the practice of one or more of the
  436  following:
  437         (a) “Nail specialty” means manicuring, or the cutting,
  438  polishing, tinting, coloring, cleansing, adding, or extending of
  439  the nails, and massaging of the hands. This term includes any
  440  procedure or process for the affixing of artificial nails,
  441  except those nails which may be applied solely by use of a
  442  simple adhesive; and.
  443         (b) pedicuring, or the shaping, polishing, tinting, or
  444  cleansing of the nails of the feet, and massaging or beautifying
  445  of the feet.
  446         (b)(c)“Facial specialty” means facials, or the massaging
  447  or treating of the face or scalp with oils, creams, lotions, or
  448  other preparations, and skin care services.
  449         (c)“Full specialty” means all services within the
  450  definition of nail specialty and facial specialty, including
  451  manicuring, pedicuring, and facial services.
  452         (9) “Hair braiding” means the weaving or interweaving of
  453  natural human hair or commercial hair, including the use of hair
  454  extensions or wefts, for compensation without cutting, coloring,
  455  permanent waving, relaxing, removing, or chemical treatment and
  456  does not include the use of hair extensions or wefts.
  457         Section 17. Section 477.0132, Florida Statutes, is
  458  repealed.
  459         Section 18. Subsections (7), (8), (9), (10), and (11) are
  460  added to section 477.0135, Florida Statutes, to read:
  461         477.0135 Exemptions.—
  462         (7)A license or registration is not required for a person
  463  whose occupation or practice is confined solely to hair braiding
  464  as defined in s. 477.013(9).
  465         (8)A license or registration is not required for a person
  466  whose occupation or practice is confined solely to hair wrapping
  467  as defined in s. 477.013(10).
  468         (9)A license or registration is not required for a person
  469  whose occupation or practice is confined solely to body wrapping
  470  as defined in s. 477.013(12).
  471         (10)A license or registration is not required for a person
  472  whose occupation or practice is confined solely to applying
  473  polish to fingernails and toenails.
  474         (11)A license or registration is not required for a person
  475  whose occupation or practice is confined solely to makeup
  476  application.
  477         Section 19. Paragraph (b) of subsection (7) of section
  478  477.019, Florida Statutes, is amended to read:
  479         477.019 Cosmetologists; qualifications; licensure;
  480  supervised practice; license renewal; endorsement; continuing
  481  education.—
  482         (7)
  483         (b)Any person whose occupation or practice is confined
  484  solely to hair braiding, hair wrapping, or body wrapping is
  485  exempt from the continuing education requirements of this
  486  subsection.
  487         Section 20. Present subsections (2) through (6) of section
  488  477.0201, Florida Statutes, are redesignated as subsections (4)
  489  through (8), respectively, new subsections (2) and (3) are added
  490  to that section, and subsection (1) of that section is amended
  491  to read:
  492         477.0201 Specialty registration; qualifications;
  493  registration renewal; endorsement.—
  494         (1) Any person is qualified for registration as a
  495  specialist in a nail any one or more of the specialty practice
  496  practices within the practice of cosmetology under this chapter
  497  who:
  498         (a) Is at least 16 years of age or has received a high
  499  school diploma.
  500         (b) Has received at least 150 hours of training as
  501  established by the board, which must focus primarily on
  502  sanitation and safety and must include, but not be limited to,
  503  the equivalent of completion of services directly related to the
  504  practice of a nail a certificate of completion in a specialty
  505  pursuant to s. 477.013(6)(a) 477.013(6) from one of the
  506  following:
  507         1. A school licensed pursuant to s. 477.023.
  508         2. A school licensed pursuant to chapter 1005 or the
  509  equivalent licensing authority of another state.
  510         3. A specialty program within the public school system.
  511         4. A specialty division within the Cosmetology Division of
  512  the Florida School for the Deaf and the Blind, provided the
  513  training programs comply with minimum curriculum requirements
  514  established by the board.
  515         (2)Any person is qualified for registration as a
  516  specialist in a facial specialty practice within the practice of
  517  cosmetology under this chapter who:
  518         (a)Is at least 16 years of age or has received a high
  519  school diploma.
  520         (b)Has received at least 165 hours of training as
  521  established by the board, which must focus on sanitation and
  522  safety and must include, but not be limited to, the equivalent
  523  of completion of services directly related to the practice of
  524  facial specialty pursuant to s. 477.013(6)(b) from one of the
  525  following:
  526         1.A school licensed pursuant to s. 477.023.
  527         2.A school licensed pursuant to chapter 1005 or the
  528  equivalent licensing authority of another state.
  529         3.A specialty program within the public school system.
  530         4.A specialty division within the Cosmetology Division of
  531  the Florida School for the Deaf and the Blind, provided the
  532  training programs comply with minimum curriculum requirements
  533  established by the board.
  534         (3)Any person is qualified for registration as a
  535  specialist in a full specialty practice within the practice of
  536  cosmetology under this chapter who:
  537         (a)Is at least 16 years of age or has received a high
  538  school diploma.
  539         (b)Has received at least 300 hours of training as
  540  established by the board, which must focus primarily on
  541  sanitation and safety and must include, but not be limited to,
  542  the equivalent of completion of services directly related to the
  543  practice of full specialty pursuant to s. 477.013(6)(c) from one
  544  of the following:
  545         1.A school licensed pursuant to s. 477.023.
  546         2.A school licensed pursuant to chapter 1005 or the
  547  equivalent licensing authority of another state.
  548         3.A specialty program within the public school system.
  549         4.A specialty division within the Cosmetology Division of
  550  the Florida School for the Deaf and the Blind, provided the
  551  training programs comply with minimum curriculum requirements
  552  established by the board.
  553         Section 21. Paragraph (f) of subsection (1) of section
  554  477.026, Florida Statutes, is amended to read:
  555         477.026 Fees; disposition.—
  556         (1) The board shall set fees according to the following
  557  schedule:
  558         (f)For hair braiders, hair wrappers, and body wrappers,
  559  fees for registration shall not exceed $25.
  560         Section 22. Paragraph (f) of subsection (1) of section
  561  477.0265, Florida Statutes, is amended to read:
  562         477.0265 Prohibited acts.—
  563         (1) It is unlawful for any person to:
  564         (f) Advertise or imply that skin care services or body
  565  wrapping, as performed under this chapter, have any relationship
  566  to the practice of massage therapy as defined in s. 480.033(3),
  567  except those practices or activities defined in s. 477.013.
  568         Section 23. Paragraph (a) of subsection (1) of section
  569  477.029, Florida Statutes, is amended to read:
  570         477.029 Penalty.—
  571         (1) It is unlawful for any person to:
  572         (a) Hold himself or herself out as a cosmetologist or,
  573  specialist, hair wrapper, hair braider, or body wrapper unless
  574  duly licensed or registered, or otherwise authorized, as
  575  provided in this chapter.
  576         Section 24. Subsection (5) of section 481.203, Florida
  577  Statutes, is amended to read:
  578         481.203 Definitions.—As used in this part:
  579         (5) “Business organization” means a partnership, a limited
  580  liability company, a corporation, or an individual operating
  581  under a fictitious name “Certificate of authorization” means a
  582  certificate issued by the department to a corporation or
  583  partnership to practice architecture or interior design.
  584         Section 25. Section 481.219, Florida Statutes, is amended
  585  to read:
  586         481.219 Business organization; qualifying agents
  587  Certification of partnerships, limited liability companies, and
  588  corporations.—
  589         (1) A licensee may The practice of or the offer to practice
  590  architecture or interior design by licensees through a business
  591  organization that offers corporation, limited liability company,
  592  or partnership offering architectural or interior design
  593  services to the public, or through by a business organization
  594  that offers corporation, limited liability company, or
  595  partnership offering architectural or interior design services
  596  to the public through such licensees under this part as agents,
  597  employees, officers, or partners, is permitted, subject to the
  598  provisions of this section.
  599         (2) If a licensee or an applicant proposes to engage in the
  600  practice of architecture or interior design as a business
  601  organization, the licensee or applicant must apply to qualify
  602  the business organization For the purposes of this section, a
  603  certificate of authorization shall be required for a
  604  corporation, limited liability company, partnership, or person
  605  practicing under a fictitious name, offering architectural
  606  services to the public jointly or separately. However, when an
  607  individual is practicing architecture in her or his own name,
  608  she or he shall not be required to be certified under this
  609  section. Certification under this subsection to offer
  610  architectural services shall include all the rights and
  611  privileges of certification under subsection (3) to offer
  612  interior design services.
  613         (a)An application to qualify a business organization must:
  614         1.If the business is a partnership, state the names of the
  615  partnership and its partners.
  616         2.If the business is a corporation, state the names of the
  617  corporation and its officers and directors and the name of each
  618  of its stockholders who is also an officer or a director.
  619         3.If the business is operating under a fictitious name,
  620  state the fictitious name under which it is doing business.
  621         4.If the business is not a partnership, a corporation, or
  622  operating under a fictitious name, state the name of such other
  623  legal entity and its members.
  624         (b)The board may deny an application to qualify a business
  625  organization if the applicant or any person required to be named
  626  pursuant to paragraph (a) has been involved in past disciplinary
  627  actions or on any grounds for which an individual registration
  628  may be denied.
  629         (3)(a)A business organization may not engage in the
  630  practice of architecture unless its qualifying agent is a
  631  registered architect under this part. A business organization
  632  may not engage in the practice of interior design unless its
  633  qualifying agent is a registered architect or a registered
  634  interior designer under this part. A qualifying agent who
  635  terminates her or his affiliation with a business organization
  636  shall immediately notify the department of such termination. If
  637  the qualifying agent who terminates her or his affiliation is
  638  the only qualifying agent for a business organization, the
  639  business organization must be qualified by another qualifying
  640  agent within 60 days after the termination. Except as provided
  641  in paragraph (b), the business organization may not engage in
  642  the practice of architecture or interior design until it is
  643  qualified by a qualifying agent.
  644         (b)In the event a qualifying architect or interior
  645  designer ceases employment with the business organization, the
  646  executive director or the chair of the board may authorize
  647  another registered architect or interior designer employed by
  648  the business organization to temporarily serve as its qualifying
  649  agent for a period of no more than 60 days. The business
  650  organization is not authorized to operate beyond such period
  651  under this chapter absent replacement of the qualifying
  652  architect or interior designer who has ceased employment.
  653         (c)A qualifying agent shall notify the department in
  654  writing before engaging in the practice of architecture or
  655  interior design in her or his own name or in affiliation with a
  656  different business organization, and she or he or such business
  657  organization shall supply the same information to the department
  658  as required of applicants under this part For the purposes of
  659  this section, a certificate of authorization shall be required
  660  for a corporation, limited liability company, partnership, or
  661  person operating under a fictitious name, offering interior
  662  design services to the public jointly or separately. However,
  663  when an individual is practicing interior design in her or his
  664  own name, she or he shall not be required to be certified under
  665  this section.
  666         (4) All final construction documents and instruments of
  667  service which include drawings, specifications, plans, reports,
  668  or other papers or documents that involve involving the practice
  669  of architecture which are prepared or approved for the use of
  670  the business organization corporation, limited liability
  671  company, or partnership and filed for public record within the
  672  state must shall bear the signature and seal of the licensee who
  673  prepared or approved them and the date on which they were
  674  sealed.
  675         (5) All drawings, specifications, plans, reports, or other
  676  papers or documents prepared or approved for the use of the
  677  business organization corporation, limited liability company, or
  678  partnership by an interior designer in her or his professional
  679  capacity and filed for public record within the state must shall
  680  bear the signature and seal of the licensee who prepared or
  681  approved them and the date on which they were sealed.
  682         (6)The department shall issue a certificate of
  683  authorization to any applicant who the board certifies as
  684  qualified for a certificate of authorization and who has paid
  685  the fee set in s. 481.207.
  686         (6)(7) The board shall allow certify an applicant to
  687  qualify one or more business organizations as qualified for a
  688  certificate of authorization to offer architectural or interior
  689  design services, or to use a fictitious name to offer such
  690  services, if provided that:
  691         (a) One or more of the principal officers of the
  692  corporation or limited liability company, or one or more
  693  partners of the partnership, and all personnel of the
  694  corporation, limited liability company, or partnership who act
  695  in its behalf in this state as architects, are registered as
  696  provided by this part; or
  697         (b) One or more of the principal officers of the
  698  corporation or one or more partners of the partnership, and all
  699  personnel of the corporation, limited liability company, or
  700  partnership who act in its behalf in this state as interior
  701  designers, are registered as provided by this part.
  702         (8)The department shall adopt rules establishing a
  703  procedure for the biennial renewal of certificates of
  704  authorization.
  705         (9)The department shall renew a certificate of
  706  authorization upon receipt of the renewal application and
  707  biennial renewal fee.
  708         (7)(10) Each qualifying agent approved to qualify a
  709  business organization partnership, limited liability company,
  710  and corporation certified under this section shall notify the
  711  department within 30 days after of any change in the information
  712  contained in the application upon which the qualification
  713  certification is based. Any registered architect or interior
  714  designer who qualifies the business organization shall ensure
  715  corporation, limited liability company, or partnership as
  716  provided in subsection (7) shall be responsible for ensuring
  717  responsible supervising control of projects of the business
  718  organization entity and shall notify the department of the upon
  719  termination of her or his employment with a business
  720  organization qualified partnership, limited liability company,
  721  or corporation certified under this section shall notify the
  722  department of the termination within 30 days after such
  723  termination.
  724         (8)(11)A business organization is not No corporation,
  725  limited liability company, or partnership shall be relieved of
  726  responsibility for the conduct or acts of its agents, employees,
  727  or officers by reason of its compliance with this section.
  728  However, except as provided in s. 558.0035, the architect who
  729  signs and seals the construction documents and instruments of
  730  service is shall be liable for the professional services
  731  performed, and the interior designer who signs and seals the
  732  interior design drawings, plans, or specifications is shall be
  733  liable for the professional services performed.
  734         (12)Disciplinary action against a corporation, limited
  735  liability company, or partnership shall be administered in the
  736  same manner and on the same grounds as disciplinary action
  737  against a registered architect or interior designer,
  738  respectively.
  739         (9)(13)Nothing in This section may not shall be construed
  740  to mean that a certificate of registration to practice
  741  architecture or interior design must shall be held by a business
  742  organization corporation, limited liability company, or
  743  partnership. Nothing in This section does not prohibit a
  744  business organization from offering prohibits corporations,
  745  limited liability companies, and partnerships from joining
  746  together to offer architectural, engineering, interior design,
  747  surveying and mapping, and landscape architectural services, or
  748  any combination of such services, to the public if the business
  749  organization, provided that each corporation, limited liability
  750  company, or partnership otherwise meets the requirements of law.
  751         (10)(14)A business organization that is qualified by a
  752  registered architect may use Corporations, limited liability
  753  companies, or partnerships holding a valid certificate of
  754  authorization to practice architecture shall be permitted to use
  755  in their title the term “interior designer” or “registered
  756  interior designer” in its title. designer.”
  757         Section 26. Subsection (10) of section 481.221, Florida
  758  Statutes, is amended to read:
  759         481.221 Seals; display of certificate number.—
  760         (10) Each registered architect or interior designer must,
  761  and each corporation, limited liability company, or partnership
  762  holding a certificate of authorization, shall include her or his
  763  license its certificate number in any newspaper, telephone
  764  directory, or other advertising medium used by the registered
  765  licensee architect, interior designer, corporation, limited
  766  liability company, or partnership. Each business organization
  767  must include the license number of the registered architect or
  768  interior designer who serves as the qualifying agent for that
  769  business organization in any newspaper, telephone directory, or
  770  other advertising medium used by the business organization, but
  771  is not required to display the license numbers of other
  772  registered architects or interior designers employed by the
  773  business organization A corporation, limited liability company,
  774  or partnership is not required to display the certificate number
  775  of individual registered architects or interior designers
  776  employed by or working within the corporation, limited liability
  777  company, or partnership.
  778         Section 27. Paragraphs (a) and (c) of subsection (5) of
  779  section 481.229, Florida Statutes, are amended to read:
  780         481.229 Exceptions; exemptions from licensure.—
  781         (5)(a) Nothing contained in This part does not prohibit
  782  shall prevent a registered architect or a qualified business
  783  organization partnership, limited liability company, or
  784  corporation holding a valid certificate of authorization to
  785  provide architectural services from performing any interior
  786  design service or from using the title “interior designer” or
  787  “registered interior designer.”
  788         (c) Notwithstanding any other provision of this part, a
  789  registered architect or business organization qualified any
  790  corporation, partnership, or person operating under a fictitious
  791  name which holds a certificate of authorization to provide
  792  architectural services must shall be qualified, without fee, for
  793  a certificate of authorization to provide interior design
  794  services upon submission of a completed application for
  795  qualification therefor. For corporations, partnerships, and
  796  persons operating under a fictitious name which hold a
  797  certificate of authorization to provide interior design
  798  services, satisfaction of the requirements for renewal of the
  799  certificate of authorization to provide architectural services
  800  under s. 481.219 shall be deemed to satisfy the requirements for
  801  renewal of the certificate of authorization to provide interior
  802  design services under that section.
  803         Section 28. Section 481.303, Florida Statutes, is reordered
  804  and amended to read:
  805         481.303 Definitions.—As used in this chapter:
  806         (1) “Board” means the Board of Landscape Architecture.
  807         (2)“Business organization” means any partnership, limited
  808  liability company, corporation, or individual operating under a
  809  fictitious name.
  810         (4)(2) “Department” means the Department of Business and
  811  Professional Regulation.
  812         (7)(3) “Registered landscape architect” means a person who
  813  holds a license to practice landscape architecture in this state
  814  under the authority of this act.
  815         (3)(4) “Certificate of registration” means a license issued
  816  by the department to a natural person to engage in the practice
  817  of landscape architecture.
  818         (5) “Certificate of authorization” means a license issued
  819  by the department to a corporation or partnership to engage in
  820  the practice of landscape architecture.
  821         (5)(6) “Landscape architecture” means professional
  822  services, including, but not limited to, the following:
  823         (a) Consultation, investigation, research, planning,
  824  design, preparation of drawings, specifications, contract
  825  documents and reports, responsible construction supervision, or
  826  landscape management in connection with the planning and
  827  development of land and incidental water areas, including the
  828  use of Florida-friendly landscaping as defined in s. 373.185,
  829  where, and to the extent that, the dominant purpose of such
  830  services or creative works is the preservation, conservation,
  831  enhancement, or determination of proper land uses, natural land
  832  features, ground cover and plantings, or naturalistic and
  833  aesthetic values;
  834         (b) The determination of settings, grounds, and approaches
  835  for and the siting of buildings and structures, outdoor areas,
  836  or other improvements;
  837         (c) The setting of grades, shaping and contouring of land
  838  and water forms, determination of drainage, and provision for
  839  storm drainage and irrigation systems where such systems are
  840  necessary to the purposes outlined herein; and
  841         (d) The design of such tangible objects and features as are
  842  necessary to the purpose outlined herein.
  843         (6)(7) “Landscape design” means consultation for and
  844  preparation of planting plans drawn for compensation, including
  845  specifications and installation details for plant materials,
  846  soil amendments, mulches, edging, gravel, and other similar
  847  materials. Such plans may include only recommendations for the
  848  conceptual placement of tangible objects for landscape design
  849  projects. Construction documents, details, and specifications
  850  for tangible objects and irrigation systems shall be designed or
  851  approved by licensed professionals as required by law.
  852         Section 29. Subsection (4) of section 481.311, Florida
  853  Statutes, is amended to read:
  854         481.311 Licensure.—
  855         (4)The board shall certify as qualified for a certificate
  856  of authorization any applicant corporation or partnership who
  857  satisfies the requirements of s. 481.319.
  858         Section 30. Subsection (2) of section 481.317, Florida
  859  Statutes, is amended to read:
  860         481.317 Temporary certificates.—
  861         (2)Upon approval by the board and payment of the fee set
  862  in s. 481.307, the department shall grant a temporary
  863  certificate of authorization for work on one specified project
  864  in this state for a period not to exceed 1 year to an out-of
  865  state corporation, partnership, or firm, provided one of the
  866  principal officers of the corporation, one of the partners of
  867  the partnership, or one of the principals in the fictitiously
  868  named firm has obtained a temporary certificate of registration
  869  in accordance with subsection (1).
  870         Section 31. Section 481.319, Florida Statutes, is amended
  871  to read:
  872         481.319 Corporate and partnership practice of landscape
  873  architecture; certificate of authorization.—
  874         (1) The practice of or offer to practice landscape
  875  architecture by registered landscape architects registered under
  876  this part through a corporation or partnership offering
  877  landscape architectural services to the public, or through a
  878  corporation or partnership offering landscape architectural
  879  services to the public through individual registered landscape
  880  architects as agents, employees, officers, or partners, is
  881  permitted, subject to the provisions of this section, if:
  882         (a) One or more of the principal officers of the
  883  corporation, or partners of the partnership, and all personnel
  884  of the corporation or partnership who act in its behalf as
  885  landscape architects in this state are registered landscape
  886  architects; and
  887         (b) One or more of the officers, one or more of the
  888  directors, one or more of the owners of the corporation, or one
  889  or more of the partners of the partnership is a registered
  890  landscape architect and has applied to be the qualifying agent
  891  for the business organization; and
  892         (c)The corporation or partnership has been issued a
  893  certificate of authorization by the board as provided herein.
  894         (2) All documents involving the practice of landscape
  895  architecture which are prepared for the use of the corporation
  896  or partnership shall bear the signature and seal of a registered
  897  landscape architect.
  898         (3) A landscape architect applying to practice in the name
  899  of a An applicant corporation must shall file with the
  900  department the names and addresses of all officers and board
  901  members of the corporation, including the principal officer or
  902  officers, duly registered to practice landscape architecture in
  903  this state and, also, of all individuals duly registered to
  904  practice landscape architecture in this state who shall be in
  905  responsible charge of the practice of landscape architecture by
  906  the corporation in this state. A landscape architect applying to
  907  practice in the name of a An applicant partnership must shall
  908  file with the department the names and addresses of all partners
  909  of the partnership, including the partner or partners duly
  910  registered to practice landscape architecture in this state and,
  911  also, of an individual or individuals duly registered to
  912  practice landscape architecture in this state who shall be in
  913  responsible charge of the practice of landscape architecture by
  914  said partnership in this state.
  915         (4) Each landscape architect qualifying a partnership or
  916  and corporation licensed under this part must shall notify the
  917  department within 1 month after of any change in the information
  918  contained in the application upon which the license is based.
  919  Any landscape architect who terminates her or his or her
  920  employment with a partnership or corporation licensed under this
  921  part shall notify the department of the termination within 1
  922  month after such termination.
  923         (5)Disciplinary action against a corporation or
  924  partnership shall be administered in the same manner and on the
  925  same grounds as disciplinary action against a registered
  926  landscape architect.
  927         (5)(6) Except as provided in s. 558.0035, the fact that a
  928  registered landscape architect practices landscape architecture
  929  through a corporation or partnership as provided in this section
  930  does not relieve the landscape architect from personal liability
  931  for her or his or her professional acts.
  932         Section 32. Subsection (5) of section 481.321, Florida
  933  Statutes, is amended to read:
  934         481.321 Seals; display of certificate number.—
  935         (5) Each registered landscape architect must and each
  936  corporation or partnership holding a certificate of
  937  authorization shall include her or his its certificate number in
  938  any newspaper, telephone directory, or other advertising medium
  939  used by the registered landscape architect, corporation, or
  940  partnership. A corporation or partnership must is not required
  941  to display the certificate number numbers of at least one
  942  officer, director, owner, or partner who is a individual
  943  registered landscape architect architects employed by or
  944  practicing with the corporation or partnership.
  945         Section 33. Subsection (5) of section 481.329, Florida
  946  Statutes, is amended to read:
  947         481.329 Exceptions; exemptions from licensure.—
  948         (5) This part does not prohibit any person from engaging in
  949  the practice of landscape design, as defined in s. 481.303(6)
  950  481.303(7), or from submitting for approval to a governmental
  951  agency planting plans that are independent of, or a component
  952  of, construction documents that are prepared by a Florida
  953  registered professional. Persons providing landscape design
  954  services may shall not use the title, term, or designation
  955  “landscape architect,” “landscape architectural,” “landscape
  956  architecture,” “L.A.,” “landscape engineering,” or any
  957  description tending to convey the impression that she or he is a
  958  landscape architect unless she or he is registered as provided
  959  in this part.
  960         Section 34. Paragraph (h) of subsection (2) of section
  961  287.055, Florida Statutes, is amended to read:
  962         287.055 Acquisition of professional architectural,
  963  engineering, landscape architectural, or surveying and mapping
  964  services; definitions; procedures; contingent fees prohibited;
  965  penalties.—
  966         (2) DEFINITIONS.—For purposes of this section:
  967         (h) A “design-build firm” means a partnership, corporation,
  968  or other legal entity that:
  969         1. Is certified under s. 489.119 to engage in contracting
  970  through a certified or registered general contractor or a
  971  certified or registered building contractor as the qualifying
  972  agent; or
  973         2. Is certified under s. 471.023 to practice or to offer to
  974  practice engineering; qualified certified under s. 481.219 to
  975  practice or to offer to practice architecture; or qualified
  976  certified under s. 481.319 to practice or to offer to practice
  977  landscape architecture.
  978         Section 35. Present paragraphs (j) and (k) of subsection
  979  (2) of section 548.003, Florida Statutes, are redesignated as
  980  paragraphs (i) and (j), respectively, and present paragraph (i)
  981  of that subsection is amended, to read:
  982         548.003 Florida State Boxing Commission.—
  983         (2) The Florida State Boxing Commission, as created by
  984  subsection (1), shall administer the provisions of this chapter.
  985  The commission has authority to adopt rules pursuant to ss.
  986  120.536(1) and 120.54 to implement the provisions of this
  987  chapter and to implement each of the duties and responsibilities
  988  conferred upon the commission, including, but not limited to:
  989         (i)Designation and duties of a knockdown timekeeper.
  990         Section 36. Subsection (1) of section 548.017, Florida
  991  Statutes, is amended to read:
  992         548.017 Participants, managers, and other persons required
  993  to have licenses.—
  994         (1) A participant, manager, trainer, second, timekeeper,
  995  referee, judge, announcer, physician, matchmaker, or promoter
  996  must be licensed before directly or indirectly acting in such
  997  capacity in connection with any match involving a participant. A
  998  physician approved by the commission must be licensed pursuant
  999  to chapter 458 or chapter 459, must maintain an unencumbered
 1000  license in good standing, and must demonstrate satisfactory
 1001  medical training or experience in boxing, or a combination of
 1002  both, to the executive director before working as the ringside
 1003  physician.
 1004         Section 37. This act shall take effect July 1, 2018.