Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. CS for SB 1640
Ì300520]Î300520
LEGISLATIVE ACTION
Senate . House
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The Committee on Commerce and Tourism (Albritton) recommended
the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (4) of section
6 20.165, Florida Statutes, is amended to read:
7 20.165 Department of Business and Professional Regulation.
8 There is created a Department of Business and Professional
9 Regulation.
10 (4)(a) The following boards and programs are established
11 within the Division of Professions:
12 1. Board of Architecture and Interior Design, created under
13 part I of chapter 481.
14 2. Florida Board of Auctioneers, created under part VI of
15 chapter 468.
16 3. Barbers’ Board, created under chapter 476.
17 4. Florida Building Code Administrators and Inspectors
18 Board, created under part XII of chapter 468.
19 5. Construction Industry Licensing Board, created under
20 part I of chapter 489.
21 6. Board of Cosmetology, created under chapter 477.
22 7. Electrical Contractors’ Licensing Board, created under
23 part II of chapter 489.
24 8. Board of Employee Leasing Companies, created under part
25 XI of chapter 468.
26 9. Board of Landscape Architecture, created under part II
27 of chapter 481.
28 10. Board of Pilot Commissioners, created under chapter
29 310.
30 11. Board of Professional Engineers, created under chapter
31 471.
32 12. Board of Professional Geologists, created under chapter
33 492.
34 13. Board of Veterinary Medicine, created under chapter
35 474.
36 14. Home inspection services licensing program, created
37 under part XV of chapter 468.
38 15. Mold-related services licensing program, created under
39 part XVI of chapter 468.
40 Section 2. Subsection (13) of section 326.004, Florida
41 Statutes, is amended to read:
42 326.004 Licensing.—
43 (13) Each broker must maintain a principal place of
44 business in this state and may establish branch offices in the
45 state. A separate license must be maintained for each branch
46 office. The division shall establish by rule a fee not to exceed
47 $100 for each branch office license.
48 Section 3. Subsection (3) of section 447.02, Florida
49 Statutes, is amended to read:
50 447.02 Definitions.—The following terms, when used in this
51 chapter, shall have the meanings ascribed to them in this
52 section:
53 (3) The term “department” means the Department of Business
54 and Professional Regulation.
55 Section 4. Section 447.04, Florida Statutes, is repealed.
56 Section 5. Section 447.041, Florida Statutes, is repealed.
57 Section 6. Section 447.045, Florida Statutes, is repealed.
58 Section 7. Section 447.06, Florida Statutes, is repealed.
59 Section 8. Subsections (6) and (8) of section 447.09,
60 Florida Statutes, are amended to read:
61 447.09 Right of franchise preserved; penalties.—It shall be
62 unlawful for any person:
63 (6) To act as a business agent without having obtained and
64 possessing a valid and subsisting license or permit.
65 (8) To make any false statement in an application for a
66 license.
67 Section 9. Section 447.12, Florida Statutes, is repealed.
68 Section 10. Section 447.16, Florida Statutes, is repealed.
69 Section 11. Subsection (4) of section 447.305, Florida
70 Statutes, is amended to read:
71 447.305 Registration of employee organization.—
72 (4) Notification of registrations and renewals of
73 registration shall be furnished at regular intervals by the
74 commission to the Department of Business and Professional
75 Regulation.
76 Section 12. Subsections (13) and (14) are added to section
77 455.213, Florida Statutes, to read:
78 455.213 General licensing provisions.—
79 (13) The department or a board must enter into a reciprocal
80 licensing agreement with other states if the practice act within
81 the purview of this chapter permits such agreement. If a
82 reciprocal licensing agreement exists or if the department or
83 board has determined another state’s licensing requirements or
84 examinations to be substantially equivalent or more stringent to
85 those under the practice act, the department or board must post
86 on its website which jurisdictions have such reciprocal
87 licensing agreements or substantially similar licenses.
88 (14) Notwithstanding any other law, the department, in
89 consultation with the applicable board and the Department of
90 Education, shall conduct a review of existing apprenticeship
91 programs registered under chapter 446 or with the United States
92 Department of Labor for each of the professions licensed under
93 parts XV and XVI of chapter 468 and chapters 476, 477, and 489
94 to determine which programs, if completed by an applicant, could
95 substitute for the required educational training otherwise
96 required for licensure. The department shall submit a report of
97 its findings and recommendations to the Governor, the President
98 of the Senate, and the Speaker of the House of Representatives
99 by December 31, 2019.
100 Section 13. Paragraph (b) of subsection (7) of section
101 468.385, Florida Statutes, is amended to read:
102 468.385 Licenses required; qualifications; examination.—
103 (7)
104 (b) A No business may not shall auction or offer to auction
105 any property in this state unless it is owned by an auctioneer
106 who is licensed as an auction business by the department board
107 or is exempt from licensure under this act. Each application for
108 licensure must shall include the names of the owner and the
109 business, the business mailing address and location, and any
110 other information which the board may require. The owner of an
111 auction business shall report to the board within 30 days of any
112 change in this required information.
113 Section 14. Subsection (1) of section 468.401, Florida
114 Statutes, is amended to read:
115 468.401 Regulation of Talent agencies; definitions.—As used
116 in this part or any rule adopted pursuant hereto:
117 (1) “Talent agency” means any person who, for compensation,
118 engages in the occupation or business of procuring or attempting
119 to procure engagements for an artist who is younger than 18
120 years of age.
121 Section 15. Subsection (1) of section 468.408, Florida
122 Statutes, is amended to read:
123 468.408 Bond required.—
124 (1) An owner or operator of a There shall be filed with the
125 department for each talent agency shall file license a bond in
126 the form of a surety by a reputable company engaged in the
127 bonding business and authorized to do business in this state.
128 The bond shall be for the penal sum of $5,000, with one or more
129 sureties to be approved by the department, and be conditioned
130 that the owner or operator of the talent agency applicant
131 conform to and not violate any of the duties, terms, conditions,
132 provisions, or requirements of this part.
133 (a) If any person is aggrieved by the misconduct of any
134 talent agency, the person may maintain an action in his or her
135 own name upon the bond of the agency in any court having
136 jurisdiction of the amount claimed. All such claims shall be
137 assignable, and the assignee shall be entitled to the same
138 remedies, upon the bond of the agency or otherwise, as the
139 person aggrieved would have been entitled to if such claim had
140 not been assigned. Any claim or claims so assigned may be
141 enforced in the name of such assignee.
142 (b) The bonding company shall notify the department of any
143 claim against such bond, and a copy of such notice shall be sent
144 to the talent agency against which the claim is made.
145 Section 16. Subsection (12) is added to section 468.412,
146 Florida Statutes, to read:
147 468.412 Talent agency regulations; prohibited acts.—
148 (12) Each employee of a talent agency must complete a level
149 1 background screening pursuant to s. 435.03.
150 Section 17. Section 468.415, Florida Statutes, is amended
151 to read:
152 468.415 Sexual misconduct in the operation of a talent
153 agency.—The talent agent-artist relationship is founded on
154 mutual trust. Sexual misconduct in the operation of a talent
155 agency means violation of the talent agent-artist relationship
156 through which the talent agent uses the relationship to induce
157 or attempt to induce the artist to engage or attempt to engage
158 in sexual activity. Sexual misconduct is prohibited in the
159 operation of a talent agency. If Any agent, owner, or operator
160 of a licensed talent agency who commits is found to have
161 committed sexual misconduct in the operation of a talent agency,
162 the agency license shall be permanently revoked. Such agent,
163 owner, or operator shall be permanently prohibited from acting
164 disqualified from present and future licensure as an agent,
165 owner, or operator of a Florida talent agency.
166 Section 18. Subsection (4) of section 468.524, Florida
167 Statutes, is amended to read:
168 468.524 Application for license.—
169 (4) A An applicant or licensee is ineligible to reapply for
170 a license for a period of 1 year following final agency action
171 on the denial or revocation of a license applied for or issued
172 under this part. This time restriction does not apply to
173 administrative denials or revocations entered because:
174 (a) The applicant or licensee has made an inadvertent error
175 or omission on the application;
176 (b) The experience documented to the board was insufficient
177 at the time of the previous application; or
178 (c) The department is unable to complete the criminal
179 background investigation because of insufficient information
180 from the Florida Department of Law Enforcement, the Federal
181 Bureau of Investigation, or any other applicable law enforcement
182 agency;
183 (c)(d) The applicant or licensee has failed to submit
184 required fees.; or
185 (e) An applicant or licensed employee leasing company has
186 been deemed ineligible for a license because of the lack of good
187 moral character of an individual or individuals when such
188 individual or individuals are no longer employed in a capacity
189 that would require their licensing under this part.
190 Section 19. Section 468.613, Florida Statutes, is amended
191 to read:
192 468.613 Certification by endorsement.—The board shall
193 examine other certification or training programs, as applicable,
194 upon submission to the board for its consideration of an
195 application for certification by endorsement. The board shall
196 waive its examination, qualification, education, or training
197 requirements, to the extent that such examination,
198 qualification, education, or training requirements of the
199 applicant are determined by the board to be comparable with
200 those established by the board. The board shall waive its
201 examination, qualification, education, or training requirements
202 if an applicant for certification by endorsement is at least 18
203 years of age; is of good moral character; has held a valid
204 building administrator, inspector, plans examiner, or the
205 equivalent, certification issued by another state or territory
206 of the United States for at least 10 years before the date of
207 application; and has successfully passed an applicable
208 examination administered by the International Codes Council.
209 Section 20. Subsection (3) of section 468.8314, Florida
210 Statutes, is amended to read:
211 468.8314 Licensure.—
212 (3) The department shall certify as qualified for a license
213 by endorsement an applicant who is of good moral character as
214 determined in s. 468.8313, who maintains an insurance policy as
215 required by s. 468.8322, and who:;
216 (a) Holds a valid license to practice home inspection
217 services in another state or territory of the United States,
218 whose educational requirements are substantially equivalent to
219 those required by this part; and has passed a national,
220 regional, state, or territorial licensing examination that is
221 substantially equivalent to the examination required by this
222 part; or
223 (b) Has held a valid license to practice home inspection
224 services issued by another state or territory of the United
225 States for at least 10 years before the date of application.
226 Section 21. Subsection (3) of section 468.8414, Florida
227 Statutes, is amended to read:
228 468.8414 Licensure.—
229 (3) The department shall certify as qualified for a license
230 by endorsement an applicant who is of good moral character, who
231 has the insurance coverage required under s. 468.8421, and who:
232 (a) Is qualified to take the examination as set forth in s.
233 468.8413 and has passed a certification examination offered by a
234 nationally recognized organization that certifies persons in the
235 specialty of mold assessment or mold remediation that has been
236 approved by the department as substantially equivalent to the
237 requirements of this part and s. 455.217; or
238 (b) Holds a valid license to practice mold assessment or
239 mold remediation issued by another state or territory of the
240 United States if the criteria for issuance of the license were
241 substantially the same as the licensure criteria that is
242 established by this part as determined by the department; or
243 (c) Has held a valid license to practice as a mold assessor
244 or a mold remediator issued by another state or territory of the
245 United States for at least 10 years before the date of
246 application.
247 Section 22. Paragraphs (a) and (e) of subsection (2),
248 subsection (3), paragraph (b) of subsection (4), and subsection
249 (6) of section 469.006, Florida Statutes, are amended to read:
250 469.006 Licensure of business organizations; qualifying
251 agents.—
252 (2)(a) If the applicant proposes to engage in consulting or
253 contracting as a partnership, corporation, business trust, or
254 other legal entity, or in any name other than the applicant’s
255 legal name, the legal entity must apply for licensure through a
256 qualifying agent or the individual applicant must qualify apply
257 for licensure under the business organization fictitious name.
258 (e) A The license, when issued upon application of a
259 business organization, must be in the name of the qualifying
260 agent business organization, and the name of the business
261 organization qualifying agent must be noted on the license
262 thereon. If there is a change in any information that is
263 required to be stated on the application, the qualifying agent
264 business organization shall, within 45 days after such change
265 occurs, mail the correct information to the department.
266 (3) The qualifying agent must shall be licensed under this
267 chapter in order for the business organization to be qualified
268 licensed in the category of the business conducted for which the
269 qualifying agent is licensed. If any qualifying agent ceases to
270 be affiliated with such business organization, the agent shall
271 so inform the department. In addition, if such qualifying agent
272 is the only licensed individual affiliated with the business
273 organization, the business organization shall notify the
274 department of the termination of the qualifying agent and has
275 shall have 60 days after from the date of termination of the
276 qualifying agent’s affiliation with the business organization in
277 which to employ another qualifying agent. The business
278 organization may not engage in consulting or contracting until a
279 qualifying agent is employed, unless the department has granted
280 a temporary nonrenewable license to the financially responsible
281 officer, the president, the sole proprietor, a partner, or, in
282 the case of a limited partnership, the general partner, who
283 assumes all responsibilities of a primary qualifying agent for
284 the entity. This temporary license only allows shall only allow
285 the entity to proceed with incomplete contracts.
286 (4)
287 (b) Upon a favorable determination by the department, after
288 investigation of the financial responsibility, credit, and
289 business reputation of the qualifying agent and the new business
290 organization, the department shall issue, without any
291 examination, a new license in the qualifying agent’s business
292 organization’s name, and the name of the business organization
293 qualifying agent shall be noted thereon.
294 (6) Each qualifying agent shall pay the department an
295 amount equal to the original fee for licensure of a new business
296 organization. if the qualifying agent for a business
297 organization desires to qualify additional business
298 organizations., The department shall require the agent to
299 present evidence of supervisory ability and financial
300 responsibility of each such organization. Allowing a licensee to
301 qualify more than one business organization must shall be
302 conditioned upon the licensee showing that the licensee has both
303 the capacity and intent to adequately supervise each business
304 organization. The department may shall not limit the number of
305 business organizations that which the licensee may qualify
306 except upon the licensee’s failure to provide such information
307 as is required under this subsection or upon a finding that the
308 such information or evidence as is supplied is incomplete or
309 unpersuasive in showing the licensee’s capacity and intent to
310 comply with the requirements of this subsection. A qualification
311 for an additional business organization may be revoked or
312 suspended upon a finding by the department that the licensee has
313 failed in the licensee’s responsibility to adequately supervise
314 the operations of the business organization. Failure to
315 adequately supervise the operations of a business organization
316 is shall be grounds for denial to qualify additional business
317 organizations.
318 Section 23. Subsection (1) of section 469.009, Florida
319 Statutes, is amended to read:
320 469.009 License revocation, suspension, and denial of
321 issuance or renewal.—
322 (1) The department may revoke, suspend, or deny the
323 issuance or renewal of a license; reprimand, censure, or place
324 on probation any contractor, consultant, or financially
325 responsible officer, or business organization; require financial
326 restitution to a consumer; impose an administrative fine not to
327 exceed $5,000 per violation; require continuing education; or
328 assess costs associated with any investigation and prosecution
329 if the contractor or consultant, or business organization or
330 officer or agent thereof, is found guilty of any of the
331 following acts:
332 (a) Willfully or deliberately disregarding or violating the
333 health and safety standards of the Occupational Safety and
334 Health Act of 1970, the Construction Safety Act, the National
335 Emission Standards for Asbestos, the Environmental Protection
336 Agency Asbestos Abatement Projects Worker Protection Rule, the
337 Florida Statutes or rules promulgated thereunder, or any
338 ordinance enacted by a political subdivision of this state.
339 (b) Violating any provision of chapter 455.
340 (c) Failing in any material respect to comply with the
341 provisions of this chapter or any rule promulgated hereunder.
342 (d) Acting in the capacity of an asbestos contractor or
343 asbestos consultant under any license issued under this chapter
344 except in the name of the licensee as set forth on the issued
345 license.
346 (e) Proceeding on any job without obtaining all applicable
347 approvals, authorizations, permits, and inspections.
348 (f) Obtaining a license by fraud or misrepresentation.
349 (g) Being convicted or found guilty of, or entering a plea
350 of nolo contendere to, regardless of adjudication, a crime in
351 any jurisdiction which directly relates to the practice of
352 asbestos consulting or contracting or the ability to practice
353 asbestos consulting or contracting.
354 (h) Knowingly violating any building code, lifesafety code,
355 or county or municipal ordinance relating to the practice of
356 asbestos consulting or contracting.
357 (i) Performing any act which assists a person or entity in
358 engaging in the prohibited unlicensed practice of asbestos
359 consulting or contracting, if the licensee knows or has
360 reasonable grounds to know that the person or entity was
361 unlicensed.
362 (j) Committing mismanagement or misconduct in the practice
363 of contracting that causes financial harm to a customer.
364 Financial mismanagement or misconduct occurs when:
365 1. Valid liens have been recorded against the property of a
366 contractor’s customer for supplies or services ordered by the
367 contractor for the customer’s job; the contractor has received
368 funds from the customer to pay for the supplies or services; and
369 the contractor has not had the liens removed from the property,
370 by payment or by bond, within 75 days after the date of such
371 liens;
372 2. The contractor has abandoned a customer’s job and the
373 percentage of completion is less than the percentage of the
374 total contract price paid to the contractor as of the time of
375 abandonment, unless the contractor is entitled to retain such
376 funds under the terms of the contract or refunds the excess
377 funds within 30 days after the date the job is abandoned; or
378 3. The contractor’s job has been completed, and it is shown
379 that the customer has had to pay more for the contracted job
380 than the original contract price, as adjusted for subsequent
381 change orders, unless such increase in cost was the result of
382 circumstances beyond the control of the contractor, was the
383 result of circumstances caused by the customer, or was otherwise
384 permitted by the terms of the contract between the contractor
385 and the customer.
386 (k) Being disciplined by any municipality or county for an
387 act or violation of this chapter.
388 (l) Failing in any material respect to comply with the
389 provisions of this chapter, or violating a rule or lawful order
390 of the department.
391 (m) Abandoning an asbestos abatement project in which the
392 asbestos contractor is engaged or under contract as a
393 contractor. A project may be presumed abandoned after 20 days if
394 the contractor terminates the project without just cause and
395 without proper notification to the owner, including the reason
396 for termination; if the contractor fails to reasonably secure
397 the project to safeguard the public while work is stopped; or if
398 the contractor fails to perform work without just cause for 20
399 days.
400 (n) Signing a statement with respect to a project or
401 contract falsely indicating that the work is bonded; falsely
402 indicating that payment has been made for all subcontracted
403 work, labor, and materials which results in a financial loss to
404 the owner, purchaser, or contractor; or falsely indicating that
405 workers’ compensation and public liability insurance are
406 provided.
407 (o) Committing fraud or deceit in the practice of asbestos
408 consulting or contracting.
409 (p) Committing incompetency or misconduct in the practice
410 of asbestos consulting or contracting.
411 (q) Committing gross negligence, repeated negligence, or
412 negligence resulting in a significant danger to life or property
413 in the practice of asbestos consulting or contracting.
414 (r) Intimidating, threatening, coercing, or otherwise
415 discouraging the service of a notice to owner under part I of
416 chapter 713 or a notice to contractor under chapter 255 or part
417 I of chapter 713.
418 (s) Failing to satisfy, within a reasonable time, the terms
419 of a civil judgment obtained against the licensee, or the
420 business organization qualified by the licensee, relating to the
421 practice of the licensee’s profession.
422
423 For the purposes of this subsection, construction is considered
424 to be commenced when the contract is executed and the contractor
425 has accepted funds from the customer or lender.
426 Section 24. Subsection (13) of section 471.005, Florida
427 Statutes, is renumbered as subsection (3), and present
428 subsection (3) and subsection (8) of that section are amended to
429 read:
430 471.005 Definitions.—As used in this chapter, the term:
431 (3) “Certificate of authorization” means a license to
432 practice engineering issued by the management corporation to a
433 corporation or partnership.
434 (8) “License” means the licensing of engineers or
435 certification of businesses to practice engineering in this
436 state.
437 Section 25. Subsection (4) of section 471.011, Florida
438 Statutes, is amended to read:
439 471.011 Fees.—
440 (4) The fee for a certificate of authorization shall not
441 exceed $125.
442 Section 26. Subsection (5) of section 471.015, Florida
443 Statutes, is amended to read:
444 471.015 Licensure.—
445 (5)(a) The board shall deem that an applicant who seeks
446 licensure by endorsement has passed an examination substantially
447 equivalent to the fundamentals examination when such applicant
448 has held a valid professional engineer’s license in another
449 state for 10 15 years and has had 20 years of continuous
450 professional-level engineering experience.
451 (b) The board shall deem that an applicant who seeks
452 licensure by endorsement has passed an examination substantially
453 equivalent to the fundamentals examination and the principles
454 and practices examination when such applicant has held a valid
455 professional engineer’s license in another state for 15 25 years
456 and has had 30 years of continuous professional-level
457 engineering experience.
458 Section 27. Section 471.023, Florida Statutes, is amended
459 to read:
460 471.023 Qualification Certification of business
461 organizations.—
462 (1) The practice of, or the offer to practice, engineering
463 by licensees or offering engineering services to the public
464 through a business organization, including a partnership,
465 corporation, business trust, or other legal entity or by a
466 business organization, including a corporation, partnership,
467 business trust, or other legal entity offering such services to
468 the public through licensees under this chapter as agents,
469 employees, officers, or partners is permitted only if the
470 business organization is qualified by an engineer licensed under
471 this chapter possesses a certification issued by the management
472 corporation pursuant to qualification by the board, subject to
473 the provisions of this chapter. One or more of the principal
474 officers of the business organization or one or more partners of
475 the partnership and all personnel of the business organization
476 who act in its behalf as engineers in this state shall be
477 licensed as provided by this chapter. All final drawings,
478 specifications, plans, reports, or documents involving practices
479 licensed under this chapter which are prepared or approved for
480 the use of the business organization or for public record within
481 the state shall be dated and shall bear the signature and seal
482 of the licensee who prepared or approved them. Nothing in this
483 section shall be construed to mean that a license to practice
484 engineering shall be held by a business organization. Nothing
485 herein prohibits business organizations from joining together to
486 offer engineering services to the public, if each business
487 organization otherwise meets the requirements of this section.
488 No business organization shall be relieved of responsibility for
489 the conduct or acts of its agents, employees, or officers by
490 reason of its compliance with this section, nor shall any
491 individual practicing engineering be relieved of responsibility
492 for professional services performed by reason of his or her
493 employment or relationship with a business organization.
494 (2) For the purposes of this section, a certificate of
495 authorization shall be required for any business organization or
496 other person practicing under a fictitious name, offering
497 engineering services to the public must be qualified by an
498 engineer licensed under this chapter. However, when an
499 individual is practicing engineering in his or her own given
500 name, he or she shall not be required to be licensed under this
501 section.
502 (3) Except as provided in s. 558.0035, the fact that a
503 licensed engineer practices through a business organization does
504 not relieve the licensee from personal liability for negligence,
505 misconduct, or wrongful acts committed by him or her.
506 Partnerships and all partners shall be jointly and severally
507 liable for the negligence, misconduct, or wrongful acts
508 committed by their agents, employees, or partners while acting
509 in a professional capacity. Any officer, agent, or employee of a
510 business organization other than a partnership shall be
511 personally liable and accountable only for negligent acts,
512 wrongful acts, or misconduct committed by him or her or
513 committed by any person under his or her direct supervision and
514 control, while rendering professional services on behalf of the
515 business organization. The personal liability of a shareholder
516 or owner of a business organization, in his or her capacity as
517 shareholder or owner, shall be no greater than that of a
518 shareholder-employee of a corporation incorporated under chapter
519 607. The business organization shall be liable up to the full
520 value of its property for any negligent acts, wrongful acts, or
521 misconduct committed by any of its officers, agents, or
522 employees while they are engaged on its behalf in the rendering
523 of professional services.
524 (4) Each certification of authorization shall be renewed
525 every 2 years. Each qualifying agent of a business organization
526 qualified certified under this section must notify the board
527 within 30 days 1 month after any change in the information
528 contained in the application upon which the certification is
529 based.
530 (a) A qualifying agent who terminates an affiliation with a
531 qualified business organization shall notify the management
532 corporation of such termination within 24 hours. If such
533 qualifying agent is the only qualifying agent for that business
534 organization, the business organization must be qualified by
535 another qualifying agent within 60 days after the termination.
536 Except as provided in paragraph (b), the business organization
537 may not engage in the practice of engineering until it is
538 qualified by another qualifying agent.
539 (b) In the event a qualifying agent ceases employment with
540 a qualified business organization and such qualifying agent is
541 the only licensed individual affiliated with the business
542 organization, the executive director of the management
543 corporation or the chair of the board may authorize another
544 licensee employed by the business organization to temporarily
545 serve as its qualifying agent for a period of no more than 60
546 days to proceed with incomplete contracts. The business
547 organization is not authorized to operate beyond such period
548 under this chapter absent replacement of the qualifying agent.
549 (c) A qualifying agent shall notify the department in
550 writing before engaging in the practice of engineering in the
551 licensee’s name or in affiliation with a different business
552 organization.
553 (5) Disciplinary action against a business organization
554 shall be administered in the same manner and on the same grounds
555 as disciplinary action against a licensed engineer.
556 Section 28. Subsection (7) of section 473.308, Florida
557 Statutes, is amended to read:
558 473.308 Licensure.—
559 (7) The board shall certify as qualified for a license by
560 endorsement an applicant who:
561 (a)1. Is not licensed and has not been licensed in another
562 state or territory and who has met the requirements of this
563 section for education, work experience, and good moral character
564 and has passed a national, regional, state, or territorial
565 licensing examination that is substantially equivalent to the
566 examination required by s. 473.306; or and
567 2. Has completed such continuing education courses as the
568 board deems appropriate, within the limits for each applicable
569 2-year period as set forth in s. 473.312, but at least such
570 courses as are equivalent to the continuing education
571 requirements for a Florida certified public accountant licensed
572 in this state during the 2 years immediately preceding her or
573 his application for licensure by endorsement; or
574 (b)1.a. Holds a valid license to practice public accounting
575 issued by another state or territory of the United States, if
576 the criteria for issuance of such license were substantially
577 equivalent to the licensure criteria that existed in this state
578 at the time the license was issued;
579 2.b. Holds a valid license to practice public accounting
580 issued by another state or territory of the United States but
581 the criteria for issuance of such license did not meet the
582 requirements of sub-subparagraph a.; has met the requirements of
583 this section for education, work experience, and good moral
584 character; and has passed a national, regional, state, or
585 territorial licensing examination that is substantially
586 equivalent to the examination required by s. 473.306; or
587 3.c. Has held Holds a valid license to practice public
588 accounting issued by another state or territory of the United
589 States for at least 10 years before the date of application; has
590 passed a national, regional, state, or territorial licensing
591 examination that is substantially equivalent to the examination
592 required by s. 473.306; and has met the requirements of this
593 section for good moral character.; and
594 2. Has completed continuing education courses that are
595 equivalent to the continuing education requirements for a
596 Florida certified public accountant licensed in this state
597 during the 2 years immediately preceding her or his application
598 for licensure by endorsement.
599 Section 29. Subsection (6) of section 474.202, Florida
600 Statutes, is amended to read:
601 474.202 Definitions.—As used in this chapter:
602 (6) “Limited-service veterinary medical practice” means
603 offering or providing veterinary services at any location that
604 has a primary purpose other than that of providing veterinary
605 medical service at a permanent or mobile establishment permitted
606 by the board; provides veterinary medical services for privately
607 owned animals that do not reside at that location; operates for
608 a limited time; and provides limited types of veterinary medical
609 services, including vaccinations or immunizations against
610 disease, preventative procedures for parasitic control, and
611 microchipping.
612 Section 30. Paragraph (b) of subsection (2) of section
613 474.207, Florida Statutes, is amended to read:
614 474.207 Licensure by examination.—
615 (2) The department shall license each applicant who the
616 board certifies has:
617 (b)1. Graduated from a college of veterinary medicine
618 accredited by the American Veterinary Medical Association
619 Council on Education; or
620 2. Graduated from a college of veterinary medicine listed
621 in the American Veterinary Medical Association Roster of
622 Veterinary Colleges of the World and obtained a certificate from
623 the Education Commission for Foreign Veterinary Graduates or the
624 Program for the Assessment of Veterinary Education Equivalence.
625
626 The department shall not issue a license to any applicant who is
627 under investigation in any state or territory of the United
628 States or in the District of Columbia for an act which would
629 constitute a violation of this chapter until the investigation
630 is complete and disciplinary proceedings have been terminated,
631 at which time the provisions of s. 474.214 shall apply.
632 Section 31. Subsection (1) of section 474.217, Florida
633 Statutes, is amended to read:
634 474.217 Licensure by endorsement.—
635 (1) The department shall issue a license by endorsement to
636 any applicant who, upon applying to the department and remitting
637 a fee set by the board, demonstrates to the board that she or
638 he:
639 (a) Has demonstrated, in a manner designated by rule of the
640 board, knowledge of the laws and rules governing the practice of
641 veterinary medicine in this state; and
642 (b)1. Either Holds, and has held for the 3 years
643 immediately preceding the application for licensure, a valid,
644 active license to practice veterinary medicine in another state
645 of the United States, the District of Columbia, or a territory
646 of the United States, provided that the applicant has
647 successfully completed a state, regional, national, or other
648 examination that is equivalent to or more stringent than the
649 examination required by the board requirements for licensure in
650 the issuing state, district, or territory are equivalent to or
651 more stringent than the requirements of this chapter; or
652 2. Meets the qualifications of s. 474.207(2)(b) and has
653 successfully completed a state, regional, national, or other
654 examination which is equivalent to or more stringent than the
655 examination given by the department and has passed the board’s
656 clinical competency examination or another clinical competency
657 examination specified by rule of the board.
658 Section 32. Subsection (5) of section 476.144, Florida
659 Statutes, is amended to read:
660 476.144 Licensure.—
661 (5) The board shall certify as qualified for licensure by
662 endorsement as a barber in this state an applicant who holds a
663 current active license to practice barbering in another state.
664 The board shall adopt rules specifying procedures for the
665 licensure by endorsement of practitioners desiring to be
666 licensed in this state who hold a current active license in
667 another state or country and who have met qualifications
668 substantially similar to, equivalent to, or greater than the
669 qualifications required of applicants from this state.
670 Section 33. Subsection (9) of section 477.013, Florida
671 Statutes, is amended to read:
672 477.013 Definitions.—As used in this chapter:
673 (9) “Hair braiding” means the weaving or interweaving of
674 natural human hair or commercial hair, including the use of hair
675 extensions or wefts, for compensation without cutting, coloring,
676 permanent waving, relaxing, removing, or chemical treatment and
677 does not include the use of hair extensions or wefts.
678 Section 34. Section 477.0132, Florida Statutes, is
679 repealed.
680 Section 35. Subsections (7) through (11) are added to
681 section 477.0135, Florida Statutes, to read:
682 477.0135 Exemptions.—
683 (7) A license or registration is not required for a person
684 whose occupation or practice is confined solely to hair braiding
685 as defined in s. 477.013(9).
686 (8) A license or registration is not required for a person
687 whose occupation or practice is confined solely to hair wrapping
688 as defined in s. 477.013(10).
689 (9) A license or registration is not required for a person
690 whose occupation or practice is confined solely to body wrapping
691 as defined in s. 477.013(12).
692 (10) A license or registration is not required for a person
693 whose occupation or practice is confined solely to applying
694 polish to fingernails and toenails.
695 (11) A license or registration is not required for a person
696 whose occupation or practice is confined solely to makeup
697 application.
698 Section 36. Subsections (6) and (7) of section 477.019,
699 Florida Statutes, are amended to read:
700 477.019 Cosmetologists; qualifications; licensure;
701 supervised practice; license renewal; endorsement; continuing
702 education.—
703 (6) The board shall certify as qualified for licensure by
704 endorsement as a cosmetologist in this state an applicant who
705 holds a current active license to practice cosmetology in
706 another state. The board may not require proof of educational
707 hours if the license was issued in a state that requires 1,200
708 or more hours of prelicensure education and passage of a written
709 examination. This subsection does not apply to applicants who
710 received their license in another state through an
711 apprenticeship program.
712 (7)(a) The board shall prescribe by rule continuing
713 education requirements intended to ensure protection of the
714 public through updated training of licensees and registered
715 specialists, not to exceed 10 16 hours biennially, as a
716 condition for renewal of a license or registration as a
717 specialist under this chapter. Continuing education courses
718 shall include, but not be limited to, the following subjects as
719 they relate to the practice of cosmetology: human
720 immunodeficiency virus and acquired immune deficiency syndrome;
721 Occupational Safety and Health Administration regulations;
722 workers’ compensation issues; state and federal laws and rules
723 as they pertain to cosmetologists, cosmetology, salons,
724 specialists, specialty salons, and booth renters; chemical
725 makeup as it pertains to hair, skin, and nails; and
726 environmental issues. Courses given at cosmetology conferences
727 may be counted toward the number of continuing education hours
728 required if approved by the board.
729 (b) Any person whose occupation or practice is confined
730 solely to hair braiding, hair wrapping, or body wrapping is
731 exempt from the continuing education requirements of this
732 subsection.
733 (b)(c) The board may, by rule, require any licensee in
734 violation of a continuing education requirement to take a
735 refresher course or refresher course and examination in addition
736 to any other penalty. The number of hours for the refresher
737 course may not exceed 48 hours.
738 Section 37. Paragraph (f) of subsection (1) of section
739 477.026, Florida Statutes, is amended to read:
740 477.026 Fees; disposition.—
741 (1) The board shall set fees according to the following
742 schedule:
743 (f) For hair braiders, hair wrappers, and body wrappers,
744 fees for registration shall not exceed $25.
745 Section 38. Subsection (4) of section 477.0263, Florida
746 Statutes, is amended, and subsection (5) is added to that
747 section, to read:
748 477.0263 Cosmetology services to be performed in licensed
749 salon; exceptions.—
750 (4) Pursuant to rules adopted by the board, any cosmetology
751 or specialty service may be performed in a location other than a
752 licensed salon when the service is performed in connection with
753 a special event and is performed by a person who is employed by
754 a licensed salon and who holds the proper license or specialty
755 registration. An appointment for the performance of any such
756 service in a location other than a licensed salon must be made
757 through a licensed salon.
758 (5) Hair shampooing, hair cutting, and hair arranging may
759 be performed in a location other than a licensed salon when the
760 service is performed by a person who holds the proper license.
761 Section 39. Paragraph (f) of subsection (1) of section
762 477.0265, Florida Statutes, is amended to read:
763 477.0265 Prohibited acts.—
764 (1) It is unlawful for any person to:
765 (f) Advertise or imply that skin care services or body
766 wrapping, as performed under this chapter, have any relationship
767 to the practice of massage therapy as defined in s. 480.033(3),
768 except those practices or activities defined in s. 477.013.
769 Section 40. Paragraph (a) of subsection (1) of section
770 477.029, Florida Statutes, is amended to read:
771 477.029 Penalty.—
772 (1) It is unlawful for any person to:
773 (a) Hold himself or herself out as a cosmetologist or,
774 specialist, hair wrapper, hair braider, or body wrapper unless
775 duly licensed or registered, or otherwise authorized, as
776 provided in this chapter.
777 Section 41. Section 481.201, Florida Statutes, is amended
778 to read:
779 481.201 Purpose.—The primary legislative purpose for
780 enacting this part is to ensure that every architect practicing
781 in this state meets minimum requirements for safe practice. It
782 is the legislative intent that architects who fall below minimum
783 competency or who otherwise present a danger to the public shall
784 be prohibited from practicing in this state. The Legislature
785 further finds that it is in the interest of the public to limit
786 the practice of interior design to interior designers or
787 architects who have the design education and training required
788 by this part or to persons who are exempted from the provisions
789 of this part.
790 Section 42. Section 481.203, Florida Statutes, is amended
791 to read:
792 481.203 Definitions.—As used in this part, the term:
793 (1)(3) “Architect” or “registered architect” means a
794 natural person who is licensed under this part to engage in the
795 practice of architecture.
796 (2)(6) “Architecture” means the rendering or offering to
797 render services in connection with the design and construction
798 of a structure or group of structures which have as their
799 principal purpose human habitation or use, and the utilization
800 of space within and surrounding such structures. These services
801 include planning, providing preliminary study designs, drawings
802 and specifications, job-site inspection, and administration of
803 construction contracts.
804 (3)(1) “Board” means the Board of Architecture and Interior
805 Design.
806 (4)(5) “Business organization” means a partnership, a
807 limited liability company, a corporation, or an individual
808 operating under a fictitious name “Certificate of authorization”
809 means a certificate issued by the department to a corporation or
810 partnership to practice architecture or interior design.
811 (5)(4) “Certificate of registration” means a license issued
812 by the department to a natural person to engage in the practice
813 of architecture or interior design.
814 (6)(13) “Common area” means an area that is held out for
815 use by all tenants or owners in a multiple-unit dwelling,
816 including, but not limited to, a lobby, elevator, hallway,
817 laundry room, clubhouse, or swimming pool.
818 (7)(2) “Department” means the Department of Business and
819 Professional Regulation.
820 (8)(14) “Diversified interior design experience” means
821 experience which substantially encompasses the various elements
822 of interior design services set forth under the definition of
823 “interior design” in subsection (10)(8).
824 (9)(15) “Interior decorator services” includes the
825 selection or assistance in selection of surface materials,
826 window treatments, wallcoverings, paint, floor coverings,
827 surface-mounted lighting, surface-mounted fixtures, and loose
828 furnishings not subject to regulation under applicable building
829 codes.
830 (10)(8) “Interior design” means designs, consultations,
831 studies, drawings, specifications, and administration of design
832 construction contracts relating to nonstructural interior
833 elements of a building or structure. “Interior design” includes,
834 but is not limited to, reflected ceiling plans, space planning,
835 furnishings, and the fabrication of nonstructural elements
836 within and surrounding interior spaces of buildings. “Interior
837 design” specifically excludes the design of or the
838 responsibility for architectural and engineering work, except
839 for specification of fixtures and their location within interior
840 spaces. As used in this subsection, “architectural and
841 engineering interior construction relating to the building
842 systems” includes, but is not limited to, construction of
843 structural, mechanical, plumbing, heating, air-conditioning,
844 ventilating, electrical, or vertical transportation systems, or
845 construction which materially affects lifesafety systems
846 pertaining to firesafety protection such as fire-rated
847 separations between interior spaces, fire-rated vertical shafts
848 in multistory structures, fire-rated protection of structural
849 elements, smoke evacuation and compartmentalization, emergency
850 ingress or egress systems, and emergency alarm systems.
851 (9) “Registered interior designer” or “interior designer”
852 means a natural person who is licensed under this part.
853 (11)(10) “Nonstructural element” means an element which
854 does not require structural bracing and which is something other
855 than a load-bearing wall, load-bearing column, or other load
856 bearing element of a building or structure which is essential to
857 the structural integrity of the building.
858 (12)(11) “Reflected ceiling plan” means a ceiling design
859 plan which is laid out as if it were projected downward and
860 which may include lighting and other elements.
861 (13)(16) “Responsible supervising control” means the
862 exercise of direct personal supervision and control throughout
863 the preparation of documents, instruments of service, or any
864 other work requiring the seal and signature of a licensee under
865 this part.
866 (14)(12) “Space planning” means the analysis, programming,
867 or design of spatial requirements, including preliminary space
868 layouts and final planning.
869 (15)(7) “Townhouse” is a single-family dwelling unit not
870 exceeding three stories in height which is constructed in a
871 series or group of attached units with property lines separating
872 such units. Each townhouse shall be considered a separate
873 building and shall be separated from adjoining townhouses by the
874 use of separate exterior walls meeting the requirements for zero
875 clearance from property lines as required by the type of
876 construction and fire protection requirements; or shall be
877 separated by a party wall; or may be separated by a single wall
878 meeting the following requirements:
879 (a) Such wall shall provide not less than 2 hours of fire
880 resistance. Plumbing, piping, ducts, or electrical or other
881 building services shall not be installed within or through the
882 2-hour wall unless such materials and methods of penetration
883 have been tested in accordance with the Standard Building Code.
884 (b) Such wall shall extend from the foundation to the
885 underside of the roof sheathing, and the underside of the roof
886 shall have at least 1 hour of fire resistance for a width not
887 less than 4 feet on each side of the wall.
888 (c) Each dwelling unit sharing such wall shall be designed
889 and constructed to maintain its structural integrity independent
890 of the unit on the opposite side of the wall.
891 Section 43. Subsection (1) and paragraph (a) of subsection
892 (3) of section 481.205, Florida Statutes, are amended to read:
893 481.205 Board of Architecture and Interior Design.—
894 (1) The Board of Architecture and Interior Design is
895 created within the Department of Business and Professional
896 Regulation. The board shall consist of seven 11 members. Five
897 members must be registered architects who have been engaged in
898 the practice of architecture for at least 5 years; three members
899 must be registered interior designers who have been offering
900 interior design services for at least 5 years and who are not
901 also registered architects; and two three members must be
902 laypersons who are not, and have never been, architects,
903 interior designers, or members of any closely related profession
904 or occupation. At least one member of the board must be 60 years
905 of age or older.
906 (3)(a) Notwithstanding the provisions of ss. 455.225,
907 455.228, and 455.32, the duties and authority of the department
908 to receive complaints and investigate and discipline persons
909 licensed under this part, including the ability to determine
910 legal sufficiency and probable cause; to initiate proceedings
911 and issue final orders for summary suspension or restriction of
912 a license pursuant to s. 120.60(6); to issue notices of
913 noncompliance, notices to cease and desist, subpoenas, and
914 citations; to retain legal counsel, investigators, or
915 prosecutorial staff in connection with the licensed practice of
916 architecture and interior design; and to investigate and deter
917 the unlicensed practice of architecture and interior design as
918 provided in s. 455.228 are delegated to the board. All
919 complaints and any information obtained pursuant to an
920 investigation authorized by the board are confidential and
921 exempt from s. 119.07(1) as provided in s. 455.225(2) and (10).
922 Section 44. Section 481.207, Florida Statutes, is amended
923 to read:
924 481.207 Fees.—The board, by rule, may establish separate
925 fees for architects and interior designers, to be paid for
926 applications, examination, reexamination, licensing and renewal,
927 delinquency, reinstatement, and recordmaking and recordkeeping.
928 The examination fee shall be in an amount that covers the cost
929 of obtaining and administering the examination and shall be
930 refunded if the applicant is found ineligible to sit for the
931 examination. The application fee is nonrefundable. The fee for
932 initial application and examination for architects and interior
933 designers may not exceed $775 plus the actual per applicant cost
934 to the department for purchase of the examination from the
935 National Council of Architectural Registration Boards or the
936 National Council of Interior Design Qualifications,
937 respectively, or similar national organizations. The biennial
938 renewal fee for architects may not exceed $200. The biennial
939 renewal fee for interior designers may not exceed $500. The
940 delinquency fee may not exceed the biennial renewal fee
941 established by the board for an active license. The board shall
942 establish fees that are adequate to ensure the continued
943 operation of the board and to fund the proportionate expenses
944 incurred by the department which are allocated to the regulation
945 of architects and interior designers. Fees shall be based on
946 department estimates of the revenue required to implement this
947 part and the provisions of law with respect to the regulation of
948 architects and interior designers.
949 Section 45. Section 481.209, Florida Statutes, is amended
950 to read:
951 481.209 Examinations.—
952 (1) A person desiring to be licensed as a registered
953 architect by initial examination shall apply to the department,
954 complete the application form, and remit a nonrefundable
955 application fee. The department shall license any applicant who
956 the board certifies:
957 (a) has passed the licensure examination prescribed by
958 board rule; and
959 (b) is a graduate of a school or college of architecture
960 with a program accredited by the National Architectural
961 Accreditation Board.
962 (2) A person desiring to be licensed as a registered
963 interior designer shall apply to the department for licensure.
964 The department shall administer the licensure examination for
965 interior designers to each applicant who has completed the
966 application form and remitted the application and examination
967 fees specified in s. 481.207 and who the board certifies:
968 (a) Is a graduate from an interior design program of 5
969 years or more and has completed 1 year of diversified interior
970 design experience;
971 (b) Is a graduate from an interior design program of 4
972 years or more and has completed 2 years of diversified interior
973 design experience;
974 (c) Has completed at least 3 years in an interior design
975 curriculum and has completed 3 years of diversified interior
976 design experience; or
977 (d) Is a graduate from an interior design program of at
978 least 2 years and has completed 4 years of diversified interior
979 design experience.
980 Subsequent to October 1, 2000, for the purpose of having the
981 educational qualification required under this subsection
982 accepted by the board, the applicant must complete his or her
983 education at a program, school, or college of interior design
984 whose curriculum has been approved by the board as of the time
985 of completion. Subsequent to October 1, 2003, all of the
986 required amount of educational credits shall have been obtained
987 in a program, school, or college of interior design whose
988 curriculum has been approved by the board, as of the time each
989 educational credit is gained. The board shall adopt rules
990 providing for the review and approval of programs, schools, and
991 colleges of interior design and courses of interior design study
992 based on a review and inspection by the board of the curriculum
993 of programs, schools, and colleges of interior design in the
994 United States, including those programs, schools, and colleges
995 accredited by the Foundation for Interior Design Education
996 Research. The board shall adopt rules providing for the review
997 and approval of diversified interior design experience required
998 by this subsection.
999 Section 46. Subsections (1) through (4) of section 481.213,
1000 Florida Statutes, are amended to read:
1001 481.213 Licensure.—
1002 (1) The department shall license any applicant who the
1003 board certifies is qualified for licensure and who has paid the
1004 initial licensure fee. Licensure as an architect under this
1005 section shall be deemed to include all the rights and privileges
1006 of licensure as an interior designer under this section.
1007 (2) The board shall certify for licensure by examination
1008 any applicant who passes the prescribed licensure examination
1009 and satisfies the requirements of ss. 481.209 and 481.211, for
1010 architects, or the requirements of s. 481.209, for interior
1011 designers.
1012 (3) The board shall certify as qualified for a license by
1013 endorsement as an architect or as an interior designer an
1014 applicant who:
1015 (a) Qualifies to take the prescribed licensure examination,
1016 and has passed the prescribed licensure examination or a
1017 substantially equivalent examination in another jurisdiction, as
1018 set forth in s. 481.209 for architects or interior designers, as
1019 applicable, and has satisfied the internship requirements set
1020 forth in s. 481.211 for architects;
1021 (b) Holds a valid license to practice architecture or
1022 interior design issued by another jurisdiction of the United
1023 States, if the criteria for issuance of such license were
1024 substantially equivalent to the licensure criteria that existed
1025 in this state at the time the license was issued; provided,
1026 however, that an applicant who has been licensed for use of the
1027 title “interior design” rather than licensed to practice
1028 interior design shall not qualify hereunder; or
1029 (c) Has passed the prescribed licensure examination and
1030 holds a valid certificate issued by the National Council of
1031 Architectural Registration Boards, and holds a valid license to
1032 practice architecture issued by another state or jurisdiction of
1033 the United States.
1034 (4) The board may refuse to certify any applicant who has
1035 violated any of the provisions of s. 481.223, or s. 481.225, or
1036 s. 481.2251, as applicable.
1037 Section 47. Section 481.2131, Florida Statutes, is amended
1038 to read:
1039 481.2131 Interior design; practice requirements; disclosure
1040 of compensation for professional services.—
1041 (1) A registered interior designer is authorized to perform
1042 “interior design” as defined in s. 481.203. Interior design
1043 documents prepared by a registered interior designer shall
1044 contain a statement that the document is not an architectural or
1045 engineering study, drawing, specification, or design and is not
1046 to be used for construction of any load-bearing columns, load
1047 bearing framing or walls of structures, or issuance of any
1048 building permit, except as otherwise provided by law. Interior
1049 design documents that are prepared and sealed by an a registered
1050 interior designer must may, if required by a permitting body, be
1051 accepted by the permitting body be submitted for the issuance of
1052 a building permit for interior construction excluding design of
1053 any structural, mechanical, plumbing, heating, air-conditioning,
1054 ventilating, electrical, or vertical transportation systems or
1055 that materially affect lifesafety systems pertaining to
1056 firesafety protection such as fire-rated separations between
1057 interior spaces, fire-rated vertical shafts in multistory
1058 structures, fire-rated protection of structural elements, smoke
1059 evacuation and compartmentalization, emergency ingress or egress
1060 systems, and emergency alarm systems. Interior design documents
1061 submitted for the issuance of a building permit by an individual
1062 performing interior design services who is not a licensed
1063 architect must include written proof that such individual has
1064 successfully passed the qualification examination prescribed by
1065 either the National Council for Interior Design Qualifications
1066 or the California Council for Interior Design Certification. All
1067 drawings, plans, specifications, or reports prepared or issued
1068 by the interior designer and filed for public record shall bear
1069 the signature of the interior designer who prepared or approved
1070 the document and the date on which they were signed. The
1071 signature and date shall be evidence of the authenticity of that
1072 to which they are affixed. Final plans, specifications, or
1073 reports prepared or issued by an interior designer may be
1074 transmitted electronically and may be electronically signed by
1075 the interior designer.
1076 (2) A license or registration is not required for a person
1077 whose occupation or practice is confined to interior design or
1078 interior decorator services An interior designer shall, before
1079 entering into a contract, verbal or written, clearly determine
1080 the scope and nature of the project and the method or methods of
1081 compensation. The interior designer may offer professional
1082 services to the client as a consultant, specifier, or supplier
1083 on the basis of a fee, percentage, or markup. The interior
1084 designer shall have the responsibility of fully disclosing to
1085 the client the manner in which all compensation is to be paid.
1086 Unless the client knows and agrees, the interior designer shall
1087 not accept any form of compensation from a supplier of goods and
1088 services in cash or in kind.
1089 Section 48. Subsections (3) and (5) of section 481.215,
1090 Florida Statutes, are amended to read:
1091 481.215 Renewal of license.—
1092 (3) A No license renewal may not shall be issued to an
1093 architect or an interior designer by the department until the
1094 licensee submits proof satisfactory to the department that,
1095 during the 2 years before prior to application for renewal, the
1096 licensee participated per biennium in not less than 20 hours of
1097 at least 50 minutes each per biennium of continuing education
1098 approved by the board. The board shall approve only continuing
1099 education that builds upon the basic knowledge of architecture
1100 or interior design. The board may make exception from the
1101 requirements of continuing education in emergency or hardship
1102 cases.
1103 (5) The board shall require, by rule adopted pursuant to
1104 ss. 120.536(1) and 120.54, a specified number of hours in
1105 specialized or advanced courses, approved by the Florida
1106 Building Commission, on any portion of the Florida Building
1107 Code, adopted pursuant to part IV of chapter 553, relating to
1108 the licensee’s respective area of practice.
1109 Section 49. Subsection (1) of section 481.217, Florida
1110 Statutes, is amended to read:
1111 481.217 Inactive status.—
1112 (1) The board may prescribe by rule continuing education
1113 requirements as a condition of reactivating a license. The rules
1114 may not require more than one renewal cycle of continuing
1115 education to reactivate a license for a registered architect or
1116 interior designer. For interior design, the board may approve
1117 only continuing education that builds upon the basic knowledge
1118 of interior design.
1119 Section 50. Section 481.219, Florida Statutes, is amended
1120 to read:
1121 481.219 Qualification of business organizations
1122 certification of partnerships, limited liability companies, and
1123 corporations.—
1124 (1) A licensee may The practice of or the offer to practice
1125 architecture or interior design by licensees through a qualified
1126 business organization that offers corporation, limited liability
1127 company, or partnership offering architectural or interior
1128 design services to the public, or by a corporation, limited
1129 liability company, or partnership offering architectural or
1130 interior design services to the public through licensees under
1131 this part as agents, employees, officers, or partners, is
1132 permitted, subject to the provisions of this section.
1133 (2) If a licensee or an applicant proposes to engage in the
1134 practice of architecture as a business organization, the
1135 licensee or applicant shall qualify the business organization
1136 upon approval of the board For the purposes of this section, a
1137 certificate of authorization shall be required for a
1138 corporation, limited liability company, partnership, or person
1139 practicing under a fictitious name, offering architectural
1140 services to the public jointly or separately. However, when an
1141 individual is practicing architecture in her or his own name,
1142 she or he shall not be required to be certified under this
1143 section. Certification under this subsection to offer
1144 architectural services shall include all the rights and
1145 privileges of certification under subsection (3) to offer
1146 interior design services.
1147 (3)(a) A business organization may not engage in the
1148 practice of architecture unless its qualifying agent is a
1149 registered architect under this part. A qualifying agent who
1150 terminates an affiliation with a qualified business organization
1151 shall immediately notify the department of such termination. If
1152 such qualifying agent is the only qualifying agent for that
1153 business organization, the business organization must be
1154 qualified by another qualifying agent within 60 days after the
1155 termination. Except as provided in paragraph (b), the business
1156 organization may not engage in the practice of architecture
1157 until it is qualified by another qualifying agent.
1158 (b) In the event a qualifying agent ceases employment with
1159 a qualified business organization, the executive director or the
1160 chair of the board may authorize another registered architect
1161 employed by the business organization to temporarily serve as
1162 its qualifying agent for a period of no more than 60 days. The
1163 business organization is not authorized to operate beyond such
1164 period under this chapter absent replacement of the qualifying
1165 agent who has ceased employment.
1166 (c) A qualifying agent shall notify the department in
1167 writing before engaging in the practice of architecture in her
1168 or his own name or in affiliation with a different business
1169 organization, and she or he or such business organization shall
1170 supply the same information to the department as required of
1171 applicants under this part.
1172 (3) For the purposes of this section, a certificate of
1173 authorization shall be required for a corporation, limited
1174 liability company, partnership, or person operating under a
1175 fictitious name, offering interior design services to the public
1176 jointly or separately. However, when an individual is practicing
1177 interior design in her or his own name, she or he shall not be
1178 required to be certified under this section.
1179 (4) All final construction documents and instruments of
1180 service which include drawings, specifications, plans, reports,
1181 or other papers or documents that involve involving the practice
1182 of architecture which are prepared or approved for the use of
1183 the business organization corporation, limited liability
1184 company, or partnership and filed for public record within the
1185 state must shall bear the signature and seal of the licensee who
1186 prepared or approved them and the date on which they were
1187 sealed.
1188 (5) All drawings, specifications, plans, reports, or other
1189 papers or documents prepared or approved for the use of the
1190 corporation, limited liability company, or partnership by an
1191 interior designer in her or his professional capacity and filed
1192 for public record within the state shall bear the signature and
1193 seal of the licensee who prepared or approved them and the date
1194 on which they were sealed.
1195 (6) The department shall issue a certificate of
1196 authorization to any applicant who the board certifies as
1197 qualified for a certificate of authorization and who has paid
1198 the fee set in s. 481.207.
1199 (5)(7) The board shall allow a licensee or certify an
1200 applicant to qualify one or more business organizations as
1201 qualified for a certificate of authorization to offer
1202 architectural or interior design services, or to use a
1203 fictitious name to offer such services, if provided that:
1204 (a) one or more of the principal officers of the
1205 corporation or limited liability company, or one or more
1206 partners of the partnership, and all personnel of the
1207 corporation, limited liability company, or partnership who act
1208 in its behalf in this state as architects, are registered as
1209 provided by this part.; or
1210 (b) One or more of the principal officers of the
1211 corporation or one or more partners of the partnership, and all
1212 personnel of the corporation, limited liability company, or
1213 partnership who act in its behalf in this state as interior
1214 designers, are registered as provided by this part.
1215 (8) The department shall adopt rules establishing a
1216 procedure for the biennial renewal of certificates of
1217 authorization.
1218 (9) The department shall renew a certificate of
1219 authorization upon receipt of the renewal application and
1220 biennial renewal fee.
1221 (6)(10) Each qualifying agent who qualifies a business
1222 organization partnership, limited liability company, and
1223 corporation certified under this section shall notify the
1224 department within 30 days after of any change in the information
1225 contained in the application upon which the qualification
1226 certification is based. Any registered architect or interior
1227 designer who qualifies the business organization shall ensure
1228 corporation, limited liability company, or partnership as
1229 provided in subsection (7) shall be responsible for ensuring
1230 responsible supervising control of projects of the business
1231 organization entity and shall notify the department of the upon
1232 termination of her or his employment with a business
1233 organization qualified partnership, limited liability company,
1234 or corporation certified under this section shall notify the
1235 department of the termination within 30 days after such
1236 termination.
1237 (7)(11) A business organization is not No corporation,
1238 limited liability company, or partnership shall be relieved of
1239 responsibility for the conduct or acts of its agents, employees,
1240 or officers by reason of its compliance with this section.
1241 However, except as provided in s. 558.0035, the architect who
1242 signs and seals the construction documents and instruments of
1243 service is shall be liable for the professional services
1244 performed, and the interior designer who signs and seals the
1245 interior design drawings, plans, or specifications shall be
1246 liable for the professional services performed.
1247 (12) Disciplinary action against a corporation, limited
1248 liability company, or partnership shall be administered in the
1249 same manner and on the same grounds as disciplinary action
1250 against a registered architect or interior designer,
1251 respectively.
1252 (8)(13) Nothing in This section may not shall be construed
1253 to mean that a certificate of registration to practice
1254 architecture or interior design must shall be held by a business
1255 organization corporation, limited liability company, or
1256 partnership. Nothing in This section does not prohibit a
1257 business organization from offering prohibits corporations,
1258 limited liability companies, and partnerships from joining
1259 together to offer architectural or, engineering, interior
1260 design, surveying and mapping, and landscape architectural
1261 services, or any combination of such services, to the public if
1262 the business organization, provided that each corporation,
1263 limited liability company, or partnership otherwise meets the
1264 requirements of law.
1265 (14) Corporations, limited liability companies, or
1266 partnerships holding a valid certificate of authorization to
1267 practice architecture shall be permitted to use in their title
1268 the term “interior designer” or “registered interior designer.”
1269 Section 51. Subsections (4), (6), (8), (10), (11), and (12)
1270 of section 481.221, Florida Statutes, are renumbered as
1271 subsections (3), (4), (5), (6), (7), and (8), respectively, and
1272 present subsections (3), (5), (7), (9), (10), (11), and (12) of
1273 that section are amended to read:
1274 481.221 Seals; display of certificate number; permitting
1275 requirements.—
1276 (3) The board shall adopt a rule prescribing the distinctly
1277 different seals to be used by registered interior designers
1278 holding valid certificates of registration. Each registered
1279 interior designer shall obtain a seal as prescribed by the
1280 board, and all drawings, plans, specifications, or reports
1281 prepared or issued by the registered interior designer and being
1282 filed for public record shall bear the signature and seal of the
1283 registered interior designer who prepared or approved the
1284 document and the date on which they were sealed. The signature,
1285 date, and seal shall be evidence of the authenticity of that to
1286 which they are affixed. Final plans, specifications, or reports
1287 prepared or issued by a registered interior designer may be
1288 transmitted electronically and may be signed by the registered
1289 interior designer, dated, and sealed electronically with the
1290 seal in accordance with ss. 668.001-668.006.
1291 (5) No registered interior designer shall affix, or permit
1292 to be affixed, her or his seal or signature to any plan,
1293 specification, drawing, or other document which depicts work
1294 which she or he is not competent or licensed to perform.
1295 (7) No registered interior designer shall affix her or his
1296 signature or seal to any plans, specifications, or other
1297 documents which were not prepared by her or him or under her or
1298 his responsible supervising control or by another registered
1299 interior designer and reviewed, approved, or modified and
1300 adopted by her or him as her or his own work according to rules
1301 adopted by the board.
1302 (9) Studies, drawings, specifications, and other related
1303 documents prepared by a registered interior designer in
1304 providing interior design services shall be of a sufficiently
1305 high standard to clearly and accurately indicate all essential
1306 parts of the work to which they refer.
1307 (6)(10) Each registered architect must or interior
1308 designer, and each corporation, limited liability company, or
1309 partnership holding a certificate of authorization, shall
1310 include her or his license its certificate number in any
1311 newspaper, telephone directory, or other advertising medium used
1312 by the registered licensee architect, interior designer,
1313 corporation, limited liability company, or partnership. Each
1314 business organization must include the license number of the
1315 registered architect who serves as the qualifying agent for that
1316 business organization in any newspaper, telephone directory, or
1317 other advertising medium used by the business organization. A
1318 business organization is not required to display the license
1319 numbers of other registered architects employed by the business
1320 organization A corporation, limited liability company, or
1321 partnership is not required to display the certificate number of
1322 individual registered architects or interior designers employed
1323 by or working within the corporation, limited liability company,
1324 or partnership.
1325 (7)(11) When the certificate of registration of a
1326 registered architect or interior designer has been revoked or
1327 suspended by the board, the registered architect or interior
1328 designer shall surrender her or his seal to the secretary of the
1329 board within a period of 30 days after the revocation or
1330 suspension has become effective. If the certificate of the
1331 registered architect or interior designer has been suspended for
1332 a period of time, her or his seal shall be returned to her or
1333 him upon expiration of the suspension period.
1334 (8)(12) A person may not sign and seal by any means any
1335 final plan, specification, or report after her or his
1336 certificate of registration has expired or is suspended or
1337 revoked. A registered architect or interior designer whose
1338 certificate of registration is suspended or revoked shall,
1339 within 30 days after the effective date of the suspension or
1340 revocation, surrender her or his seal to the executive director
1341 of the board and confirm in writing to the executive director
1342 the cancellation of the registered architect’s or interior
1343 designer’s electronic signature in accordance with ss. 668.001
1344 668.006. When a registered architect’s or interior designer’s
1345 certificate of registration is suspended for a period of time,
1346 her or his seal shall be returned upon expiration of the period
1347 of suspension.
1348 Section 52. Section 481.222, Florida Statutes, is amended
1349 to read:
1350 481.222 Architects performing building code inspection
1351 services.—Notwithstanding any other provision of law, a person
1352 who is currently licensed to practice as an architect under this
1353 part may provide building code inspection services described in
1354 s. 468.603(5) and (8) to a local government or state agency upon
1355 its request, without being certified by the Florida Building
1356 Code Administrators and Inspectors Board under part XII of
1357 chapter 468. With respect to the performance of such building
1358 code inspection services, the architect is subject to the
1359 disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
1360 Any complaint processing, investigation, and discipline that
1361 arise out of an architect’s performance of building code
1362 inspection services shall be conducted by the Board of
1363 Architecture and Interior Design rather than the Florida
1364 Building Code Administrators and Inspectors Board. An architect
1365 may not perform plans review as an employee of a local
1366 government upon any job that the architect or the architect’s
1367 company designed.
1368 Section 53. Section 481.223, Florida Statutes, is amended
1369 to read:
1370 481.223 Prohibitions; penalties; injunctive relief.—
1371 (1) A person may not knowingly:
1372 (a) Practice architecture unless the person is an architect
1373 or a registered architect; however, a licensed architect who has
1374 been licensed by the board and who chooses to relinquish or not
1375 to renew his or her license may use the title “Architect,
1376 Retired” but may not otherwise render any architectural
1377 services.
1378 (b) Practice interior design unless the person is a
1379 registered interior designer unless otherwise exempted herein;
1380 however, an interior designer who has been licensed by the board
1381 and who chooses to relinquish or not to renew his or her license
1382 may use the title “Interior Designer, Retired” but may not
1383 otherwise render any interior design services.
1384 (b)(c) Use the name or title “architect,” or “registered
1385 architect,” or “interior designer” or “registered interior
1386 designer,” or words to that effect, when the person is not then
1387 the holder of a valid license issued pursuant to this part.
1388 (c)(d) Present as his or her own the license of another.
1389 (d)(e) Give false or forged evidence to the board or a
1390 member thereof.
1391 (e)(f) Use or attempt to use an architect or interior
1392 designer license that has been suspended, revoked, or placed on
1393 inactive or delinquent status.
1394 (f)(g) Employ unlicensed persons to practice architecture
1395 or interior design.
1396 (g)(h) Conceal information relative to violations of this
1397 part.
1398 (2) Any person who violates any provision of subsection (1)
1399 commits a misdemeanor of the first degree, punishable as
1400 provided in s. 775.082 or s. 775.083.
1401 (3)(a) Notwithstanding chapter 455 or any other law to the
1402 contrary, an affected person may maintain an action for
1403 injunctive relief to restrain or prevent a person from violating
1404 paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The
1405 prevailing party is entitled to actual costs and attorney’s
1406 fees.
1407 (b) For purposes of this subsection, the term “affected
1408 person” means a person directly affected by the actions of a
1409 person suspected of violating paragraph (1)(a) or, paragraph
1410 (1)(b), or paragraph (1)(c) and includes, but is not limited to,
1411 the department, any person who received services from the
1412 alleged violator, or any private association composed primarily
1413 of members of the profession the alleged violator is practicing
1414 or offering to practice or holding himself or herself out as
1415 qualified to practice.
1416 Section 54. Section 481.2251, Florida Statutes, is
1417 repealed.
1418 Section 55. Subsections (5) through (8) of section 481.229,
1419 Florida Statutes, are amended to read:
1420 481.229 Exceptions; exemptions from licensure.—
1421 (5)(a) Nothing contained in this part shall prevent a
1422 registered architect or a partnership, limited liability
1423 company, or corporation holding a valid certificate of
1424 authorization to provide architectural services from performing
1425 any interior design service or from using the title “interior
1426 designer” or “registered interior designer.”
1427 (b) Notwithstanding any other provision of this part, all
1428 persons licensed as architects under this part shall be
1429 qualified for interior design licensure upon submission of a
1430 completed application for such license and a fee not to exceed
1431 $30. Such persons shall be exempt from the requirements of s.
1432 481.209(2). For architects licensed as interior designers,
1433 satisfaction of the requirements for renewal of licensure as an
1434 architect under s. 481.215 shall be deemed to satisfy the
1435 requirements for renewal of licensure as an interior designer
1436 under that section. Complaint processing, investigation, or
1437 other discipline-related legal costs related to persons licensed
1438 as interior designers under this paragraph shall be assessed
1439 against the architects’ account of the Regulatory Trust Fund.
1440 (c) Notwithstanding any other provision of this part, any
1441 corporation, partnership, or person operating under a fictitious
1442 name which holds a certificate of authorization to provide
1443 architectural services shall be qualified, without fee, for a
1444 certificate of authorization to provide interior design services
1445 upon submission of a completed application therefor. For
1446 corporations, partnerships, and persons operating under a
1447 fictitious name which hold a certificate of authorization to
1448 provide interior design services, satisfaction of the
1449 requirements for renewal of the certificate of authorization to
1450 provide architectural services under s. 481.219 shall be deemed
1451 to satisfy the requirements for renewal of the certificate of
1452 authorization to provide interior design services under that
1453 section.
1454 (6) This part shall not apply to:
1455 (a) A person who performs interior design services or
1456 interior decorator services for any residential application,
1457 provided that such person does not advertise as, or represent
1458 himself or herself as, an interior designer. For purposes of
1459 this paragraph, “residential applications” includes all types of
1460 residences, including, but not limited to, residence buildings,
1461 single-family homes, multifamily homes, townhouses, apartments,
1462 condominiums, and domestic outbuildings appurtenant to one
1463 family or two-family residences. However, “residential
1464 applications” does not include common areas associated with
1465 instances of multiple-unit dwelling applications.
1466 (b) An employee of a retail establishment providing
1467 “interior decorator services” on the premises of the retail
1468 establishment or in the furtherance of a retail sale or
1469 prospective retail sale, provided that such employee does not
1470 advertise as, or represent himself or herself as, an interior
1471 designer.
1472 (7) Nothing in this part shall be construed as authorizing
1473 or permitting an interior designer to engage in the business of,
1474 or to act as, a contractor within the meaning of chapter 489,
1475 unless registered or certified as a contractor pursuant to
1476 chapter 489.
1477 (5)(8) A manufacturer of commercial food service equipment
1478 or the manufacturer’s representative, distributor, or dealer or
1479 an employee thereof, who prepares designs, specifications, or
1480 layouts for the sale or installation of such equipment is exempt
1481 from licensure as an architect or interior designer, if:
1482 (a) The designs, specifications, or layouts are not used
1483 for construction or installation that may affect structural,
1484 mechanical, plumbing, heating, air conditioning, ventilating,
1485 electrical, or vertical transportation systems.
1486 (b) The designs, specifications, or layouts do not
1487 materially affect lifesafety systems pertaining to firesafety
1488 protection, smoke evacuation and compartmentalization, and
1489 emergency ingress or egress systems.
1490 (c) Each design, specification, or layout document prepared
1491 by a person or entity exempt under this subsection contains a
1492 statement on each page of the document that the designs,
1493 specifications, or layouts are not architectural, interior
1494 design, or engineering designs, specifications, or layouts and
1495 not used for construction unless reviewed and approved by a
1496 licensed architect or engineer.
1497 Section 56. Subsection (1) of section 481.231, Florida
1498 Statutes, is amended to read:
1499 481.231 Effect of part locally.—
1500 (1) Nothing in This part does not shall be construed to
1501 repeal, amend, limit, or otherwise affect any specific provision
1502 of any local building code or zoning law or ordinance that has
1503 been duly adopted, now or hereafter enacted, which is more
1504 restrictive, with respect to the services of registered
1505 architects or registered interior designers, than the provisions
1506 of this part; provided, however, that a licensed architect shall
1507 be deemed licensed as an interior designer for purposes of
1508 offering or rendering interior design services to a county,
1509 municipality, or other local government or political
1510 subdivision.
1511 Section 57. Section 481.303, Florida Statutes, is amended
1512 to read:
1513 481.303 Definitions.—As used in this chapter, the term:
1514 (1) “Board” means the Board of Landscape Architecture.
1515 (2)(4) “Certificate of registration” means a license issued
1516 by the department to a natural person to engage in the practice
1517 of landscape architecture.
1518 (3)(2) “Department” means the Department of Business and
1519 Professional Regulation.
1520 (5) “Certificate of authorization” means a license issued
1521 by the department to a corporation or partnership to engage in
1522 the practice of landscape architecture.
1523 (4)(6) “Landscape architecture” means professional
1524 services, including, but not limited to, the following:
1525 (a) Consultation, investigation, research, planning,
1526 design, preparation of drawings, specifications, contract
1527 documents and reports, responsible construction supervision, or
1528 landscape management in connection with the planning and
1529 development of land and incidental water areas, including the
1530 use of Florida-friendly landscaping as defined in s. 373.185,
1531 where, and to the extent that, the dominant purpose of such
1532 services or creative works is the preservation, conservation,
1533 enhancement, or determination of proper land uses, natural land
1534 features, ground cover and plantings, or naturalistic and
1535 aesthetic values;
1536 (b) The determination of settings, grounds, and approaches
1537 for and the siting of buildings and structures, outdoor areas,
1538 or other improvements;
1539 (c) The setting of grades, shaping and contouring of land
1540 and water forms, determination of drainage, and provision for
1541 storm drainage and irrigation systems where such systems are
1542 necessary to the purposes outlined herein; and
1543 (d) The design of such tangible objects and features as are
1544 necessary to the purpose outlined herein.
1545 (5)(7) “Landscape design” means consultation for and
1546 preparation of planting plans drawn for compensation, including
1547 specifications and installation details for plant materials,
1548 soil amendments, mulches, edging, gravel, and other similar
1549 materials. Such plans may include only recommendations for the
1550 conceptual placement of tangible objects for landscape design
1551 projects. Construction documents, details, and specifications
1552 for tangible objects and irrigation systems shall be designed or
1553 approved by licensed professionals as required by law.
1554 (6)(3) “Registered landscape architect” means a person who
1555 holds a license to practice landscape architecture in this state
1556 under the authority of this act.
1557 Section 58. Section 481.310, Florida Statutes, is amended
1558 to read:
1559 481.310 Practical experience requirement.—Beginning October
1560 1, 1990, every applicant for licensure as a registered landscape
1561 architect shall demonstrate, prior to licensure, 1 year of
1562 practical experience in landscape architectural work. An
1563 applicant who holds a master of landscape architecture degree
1564 and a bachelor’s degree in a related field is not required to
1565 demonstrate 1 year of practical experience in landscape
1566 architectural work to obtain licensure. The board shall adopt
1567 rules providing standards for the required experience. An
1568 applicant who qualifies for examination pursuant to s.
1569 481.309(1)(b)1. may obtain the practical experience after
1570 completing the required professional degree. Experience used to
1571 qualify for examination pursuant to s. 481.309(1)(b)2. may not
1572 be used to satisfy the practical experience requirement under
1573 this section.
1574 Section 59. Subsections (5) and (6) of section 481.311,
1575 Florida Statutes, are renumbered as subsections (4) and (5),
1576 respectively, and subsection (3) and present subsection (4) of
1577 that section are amended, to read:
1578 481.311 Licensure.—
1579 (3) The board shall certify as qualified for a license by
1580 endorsement an applicant who:
1581 (a) Qualifies to take the examination as set forth in s.
1582 481.309; and has passed a national, regional, state, or
1583 territorial licensing examination which is substantially
1584 equivalent to the examination required by s. 481.309; or
1585 (b) Holds a valid license to practice landscape
1586 architecture issued by another state or territory of the United
1587 States, if the criteria for issuance of such license were
1588 substantially identical to the licensure criteria which existed
1589 in this state at the time the license was issued; or.
1590 (c) Has held a valid license to practice landscape
1591 architecture in another state or territory of the United States
1592 for at least 10 years before the date of application and has
1593 successfully completed a state, regional, national, or other
1594 examination that is equivalent to or more stringent than the
1595 examination required by the board, subject to subsection (5). An
1596 applicant who has met the requirements to be qualified for a
1597 license by endorsement except for successful completion of an
1598 examination that is equivalent to or more stringent than the
1599 examination required by the board may take the examination
1600 required by the board without completing additional education
1601 requirements.
1602 (4) The board shall certify as qualified for a certificate
1603 of authorization any applicant corporation or partnership who
1604 satisfies the requirements of s. 481.319.
1605 Section 60. Subsection (2) of section 481.317, Florida
1606 Statutes, is amended to read:
1607 481.317 Temporary certificates.—
1608 (2) Upon approval by the board and payment of the fee set
1609 in s. 481.307, the department shall grant a temporary
1610 certificate of authorization for work on one specified project
1611 in this state for a period not to exceed 1 year to an out-of
1612 state corporation, partnership, or firm, provided one of the
1613 principal officers of the corporation, one of the partners of
1614 the partnership, or one of the principals in the fictitiously
1615 named firm has obtained a temporary certificate of registration
1616 in accordance with subsection (1).
1617 Section 61. Section 481.319, Florida Statutes, is amended
1618 to read:
1619 481.319 Corporate and partnership practice of landscape
1620 architecture; certificate of authorization.—
1621 (1) The practice of or offer to practice landscape
1622 architecture by registered landscape architects registered under
1623 this part through a corporation or partnership offering
1624 landscape architectural services to the public, or through a
1625 corporation or partnership offering landscape architectural
1626 services to the public through individual registered landscape
1627 architects as agents, employees, officers, or partners, is
1628 permitted, subject to the provisions of this section, if:
1629 (a) One or more of the principal officers of the
1630 corporation, or partners of the partnership, and all personnel
1631 of the corporation or partnership who act in its behalf as
1632 landscape architects in this state are registered landscape
1633 architects; and
1634 (b) One or more of the officers, one or more of the
1635 directors, one or more of the owners of the corporation, or one
1636 or more of the partners of the partnership is a registered
1637 landscape architect; and
1638 (c) The corporation or partnership has been issued a
1639 certificate of authorization by the board as provided herein.
1640 (2) All documents involving the practice of landscape
1641 architecture which are prepared for the use of the corporation
1642 or partnership shall bear the signature and seal of a registered
1643 landscape architect.
1644 (3) A landscape architect applying to practice in the name
1645 of a An applicant corporation must shall file with the
1646 department the names and addresses of all officers and board
1647 members of the corporation, including the principal officer or
1648 officers, duly registered to practice landscape architecture in
1649 this state and, also, of all individuals duly registered to
1650 practice landscape architecture in this state who shall be in
1651 responsible charge of the practice of landscape architecture by
1652 the corporation in this state. A landscape architect applying to
1653 practice in the name of a An applicant partnership must shall
1654 file with the department the names and addresses of all partners
1655 of the partnership, including the partner or partners duly
1656 registered to practice landscape architecture in this state and,
1657 also, of an individual or individuals duly registered to
1658 practice landscape architecture in this state who shall be in
1659 responsible charge of the practice of landscape architecture by
1660 said partnership in this state.
1661 (4) Each landscape architect qualifying a partnership or
1662 and corporation licensed under this part must shall notify the
1663 department within 1 month after of any change in the information
1664 contained in the application upon which the license is based.
1665 Any landscape architect who terminates her or his or her
1666 employment with a partnership or corporation licensed under this
1667 part shall notify the department of the termination within 1
1668 month after such termination.
1669 (5) Disciplinary action against a corporation or
1670 partnership shall be administered in the same manner and on the
1671 same grounds as disciplinary action against a registered
1672 landscape architect.
1673 (5)(6) Except as provided in s. 558.0035, the fact that a
1674 registered landscape architect practices landscape architecture
1675 through a corporation or partnership as provided in this section
1676 does not relieve the landscape architect from personal liability
1677 for her or his or her professional acts.
1678 Section 62. Subsection (5) of section 481.321, Florida
1679 Statutes, is amended to read:
1680 481.321 Seals; display of certificate number.—
1681 (5) Each registered landscape architect must and each
1682 corporation or partnership holding a certificate of
1683 authorization shall include her or his its certificate number in
1684 any newspaper, telephone directory, or other advertising medium
1685 used by the registered landscape architect, corporation, or
1686 partnership. A corporation or partnership must is not required
1687 to display the certificate number numbers of at least one
1688 officer, director, owner, or partner who is a individual
1689 registered landscape architect architects employed by or
1690 practicing with the corporation or partnership.
1691 Section 63. Subsection (5) of section 481.329, Florida
1692 Statutes, is amended to read:
1693 481.329 Exceptions; exemptions from licensure.—
1694 (5) This part does not prohibit any person from engaging in
1695 the practice of landscape design, as defined in s. 481.303
1696 481.303(7), or from submitting for approval to a governmental
1697 agency planting plans that are independent of, or a component
1698 of, construction documents that are prepared by a Florida
1699 registered professional. Persons providing landscape design
1700 services shall not use the title, term, or designation
1701 “landscape architect,” “landscape architectural,” “landscape
1702 architecture,” “L.A.,” “landscape engineering,” or any
1703 description tending to convey the impression that she or he is a
1704 landscape architect unless she or he is registered as provided
1705 in this part.
1706 Section 64. Subsection (9) of section 489.103, Florida
1707 Statutes, is amended to read:
1708 489.103 Exemptions.—This part does not apply to:
1709 (9) Any work or operation of a casual, minor, or
1710 inconsequential nature in which the aggregate contract price for
1711 labor, materials, and all other items is less than $2,500
1712 $1,000, but this exemption does not apply:
1713 (a) If the construction, repair, remodeling, or improvement
1714 is a part of a larger or major operation, whether undertaken by
1715 the same or a different contractor, or in which a division of
1716 the operation is made in contracts of amounts less than $2,500
1717 $1,000 for the purpose of evading this part or otherwise.
1718 (b) To a person who advertises that he or she is a
1719 contractor or otherwise represents that he or she is qualified
1720 to engage in contracting.
1721 Section 65. Subsection (2) of section 489.111, Florida
1722 Statutes, is amended to read:
1723 489.111 Licensure by examination.—
1724 (2) A person shall be eligible for licensure by examination
1725 if the person:
1726 (a) Is 18 years of age;
1727 (b) Is of good moral character; and
1728 (c) Meets eligibility requirements according to one of the
1729 following criteria:
1730 1. Has received a baccalaureate degree from an accredited
1731 4-year college in the appropriate field of engineering,
1732 architecture, or building construction and has 1 year of proven
1733 experience in the category in which the person seeks to qualify.
1734 For the purpose of this part, a minimum of 2,000 person-hours
1735 shall be used in determining full-time equivalency.
1736 2. Has a total of at least 4 years of active experience as
1737 a worker who has learned the trade by serving an apprenticeship
1738 as a skilled worker who is able to command the rate of a
1739 mechanic in the particular trade or as a foreman who is in
1740 charge of a group of workers and usually is responsible to a
1741 superintendent or a contractor or his or her equivalent,
1742 provided, however, that at least 1 year of active experience
1743 shall be as a foreman.
1744 3. Has a combination of not less than 1 year of experience
1745 as a foreman and not less than 3 years of credits for any
1746 accredited college-level courses; has a combination of not less
1747 than 1 year of experience as a skilled worker, 1 year of
1748 experience as a foreman, and not less than 2 years of credits
1749 for any accredited college-level courses; or has a combination
1750 of not less than 2 years of experience as a skilled worker, 1
1751 year of experience as a foreman, and not less than 1 year of
1752 credits for any accredited college-level courses. All junior
1753 college or community college-level courses shall be considered
1754 accredited college-level courses.
1755 4.a. An active certified residential contractor is eligible
1756 to receive a certified building contractor license after passing
1757 or having previously passed take the building contractors’
1758 examination if he or she possesses a minimum of 3 years of
1759 proven experience in the classification in which he or she is
1760 certified.
1761 b. An active certified residential contractor is eligible
1762 to receive a certified general contractor license after passing
1763 or having previously passed take the general contractors’
1764 examination if he or she possesses a minimum of 4 years of
1765 proven experience in the classification in which he or she is
1766 certified.
1767 c. An active certified building contractor is eligible to
1768 receive a certified general contractor license after passing or
1769 having previously passed take the general contractors’
1770 examination if he or she possesses a minimum of 4 years of
1771 proven experience in the classification in which he or she is
1772 certified.
1773 5.a. An active certified air-conditioning Class C
1774 contractor is eligible to receive a certified air-conditioning
1775 Class B contractor license after passing or having previously
1776 passed take the air-conditioning Class B contractors’
1777 examination if he or she possesses a minimum of 3 years of
1778 proven experience in the classification in which he or she is
1779 certified.
1780 b. An active certified air-conditioning Class C contractor
1781 is eligible to receive a certified air-conditioning Class A
1782 contractor license after passing or having previously passed
1783 take the air-conditioning Class A contractors’ examination if he
1784 or she possesses a minimum of 4 years of proven experience in
1785 the classification in which he or she is certified.
1786 c. An active certified air-conditioning Class B contractor
1787 is eligible to receive a certified air-conditioning Class A
1788 contractor license after passing or having previously passed
1789 take the air-conditioning Class A contractors’ examination if he
1790 or she possesses a minimum of 1 year of proven experience in the
1791 classification in which he or she is certified.
1792 6.a. An active certified swimming pool servicing contractor
1793 is eligible to receive a certified residential swimming pool
1794 contractor license after passing or having previously passed
1795 take the residential swimming pool contractors’ examination if
1796 he or she possesses a minimum of 3 years of proven experience in
1797 the classification in which he or she is certified.
1798 b. An active certified swimming pool servicing contractor
1799 is eligible to receive a certified commercial swimming pool
1800 contractor license after passing or having previously passed
1801 take the swimming pool commercial contractors’ examination if he
1802 or she possesses a minimum of 4 years of proven experience in
1803 the classification in which he or she is certified.
1804 c. An active certified residential swimming pool contractor
1805 is eligible to receive a certified commercial swimming pool
1806 contractor license after passing or having previously passed
1807 take the commercial swimming pool contractors’ examination if he
1808 or she possesses a minimum of 1 year of proven experience in the
1809 classification in which he or she is certified.
1810 d. An applicant is eligible to receive a certified swimming
1811 pool/spa servicing contractor license after passing or having
1812 previously passed take the swimming pool/spa servicing
1813 contractors’ examination if he or she has satisfactorily
1814 completed 60 hours of instruction in courses related to the
1815 scope of work covered by that license and approved by the
1816 Construction Industry Licensing Board by rule and has at least 1
1817 year of proven experience related to the scope of work of such a
1818 contractor.
1819 Section 66. Subsection (3) of section 489.115, Florida
1820 Statutes, is amended to read:
1821 489.115 Certification and registration; endorsement;
1822 reciprocity; renewals; continuing education.—
1823 (3) The board shall certify as qualified for certification
1824 by endorsement any applicant who:
1825 (a) Meets the requirements for certification as set forth
1826 in this section; has passed a national, regional, state, or
1827 United States territorial licensing examination that is
1828 substantially equivalent to the examination required by this
1829 part; and has satisfied the requirements set forth in s.
1830 489.111;
1831 (b) Holds a valid license to practice contracting issued by
1832 another state or territory of the United States, if the criteria
1833 for issuance of such license were substantially equivalent to
1834 Florida’s current certification criteria; or
1835 (c) Holds a valid, current license to practice contracting
1836 issued by another state or territory of the United States, if
1837 the state or territory has entered into a reciprocal agreement
1838 with the board for the recognition of contractor licenses issued
1839 in that state, based on criteria for the issuance of such
1840 licenses that are substantially equivalent to the criteria for
1841 certification in this state; or
1842 (d) Has held a valid, current license to practice
1843 contracting issued by another state or territory for at least 10
1844 years before the date of application and is applying for the
1845 same or similar license in this state, subject to subsections
1846 (5)-(9).
1847 Section 67. Subsection (5) of section 489.511, Florida
1848 Statutes, is amended to read:
1849 489.511 Certification; application; examinations;
1850 endorsement.—
1851 (5) The board shall certify as qualified for certification
1852 by endorsement any individual applying for certification who:
1853 (a) Meets the requirements for certification as set forth
1854 in this section; has passed a national, regional, state, or
1855 United States territorial licensing examination that is
1856 substantially equivalent to the examination required by this
1857 part; and has satisfied the requirements set forth in s.
1858 489.521; or
1859 (b) Holds a valid license to practice electrical or alarm
1860 system contracting issued by another state or territory of the
1861 United States, if the criteria for issuance of such license was
1862 substantially equivalent to the certification criteria that
1863 existed in this state at the time the certificate was issued; or
1864 (c) Has held a valid, current license to practice
1865 electrical or alarm system contracting issued by another state
1866 or territory for at least 10 years before the date of
1867 application and is applying for the same or similar license in
1868 this state, subject to ss. 489.510 and 489.521(3)(a), and
1869 subparagraph (1)(b)1.
1870 Section 68. Subsection (3) and paragraph (b) of subsection
1871 (4) of section 489.517, Florida Statutes, are amended to read:
1872 489.517 Renewal of certificate or registration; continuing
1873 education.—
1874 (3) Each certificateholder or registrant shall provide
1875 proof, in a form established by rule of the board, that the
1876 certificateholder or registrant has completed at least 7 14
1877 classroom hours of at least 50 minutes each of continuing
1878 education courses during each biennium since the issuance or
1879 renewal of the certificate or registration. The board shall by
1880 rule establish criteria for the approval of continuing education
1881 courses and providers and may by rule establish criteria for
1882 accepting alternative nonclassroom continuing education on an
1883 hour-for-hour basis.
1884 (4)
1885 (b) Of the 7 14 classroom hours of continuing education
1886 required, at least 1 hour 7 hours must be on technical subjects,
1887 1 hour on workers’ compensation, 1 hour on workplace safety, 1
1888 hour on business practices, and for alarm system contractors and
1889 electrical contractors engaged in alarm system contracting, 2
1890 hours on false alarm prevention.
1891 Section 69. Paragraph (b) of subsection (1) of section
1892 489.518, Florida Statutes, is amended to read:
1893 489.518 Alarm system agents.—
1894 (1) A licensed electrical or alarm system contractor may
1895 not employ a person to perform the duties of a burglar alarm
1896 system agent unless the person:
1897 (b) Has successfully completed a minimum of 14 hours of
1898 training within 90 days after employment, to include basic alarm
1899 system electronics in addition to related training including
1900 CCTV and access control training, with at least 2 hours of
1901 training in the prevention of false alarms. Such training shall
1902 be from a board-approved provider, and the employee or applicant
1903 for employment shall provide proof of successful completion to
1904 the licensed employer. The board shall by rule establish
1905 criteria for the approval of training courses and providers and
1906 may by rule establish criteria for accepting alternative
1907 nonclassroom education on an hour-for-hour basis. The board
1908 shall approve providers that conduct training in other than the
1909 English language. The board shall establish a fee for the
1910 approval of training providers or courses, not to exceed $60.
1911 Qualified employers may conduct training classes for their
1912 employees, with board approval.
1913 Section 70. Section 492.104, Florida Statutes, is amended,
1914 to read:
1915 492.104 Rulemaking authority.—The Board of Professional
1916 Geologists has authority to adopt rules pursuant to ss.
1917 120.536(1) and 120.54 to implement this chapter. Every licensee
1918 shall be governed and controlled by this chapter and the rules
1919 adopted by the board. The board is authorized to set, by rule,
1920 fees for application, examination, certificate of authorization,
1921 late renewal, initial licensure, and license renewal. These fees
1922 may should not exceed the cost of implementing the application,
1923 examination, initial licensure, and license renewal or other
1924 administrative process and shall be established as follows:
1925 (1) The application fee shall not exceed $150 and shall be
1926 nonrefundable.
1927 (2) The examination fee shall not exceed $250, and the fee
1928 may be apportioned to each part of a multipart examination. The
1929 examination fee shall be refundable in whole or part if the
1930 applicant is found to be ineligible to take any portion of the
1931 licensure examination.
1932 (3) The initial license fee shall not exceed $100.
1933 (4) The biennial renewal fee shall not exceed $150.
1934 (5) The fee for a certificate of authorization shall not
1935 exceed $350 and the fee for renewal of the certificate shall not
1936 exceed $350.
1937 (5)(6) The fee for reactivation of an inactive license may
1938 shall not exceed $50.
1939 (6)(7) The fee for a provisional license may shall not
1940 exceed $400.
1941 (7)(8) The fee for application, examination, and licensure
1942 for a license by endorsement is shall be as provided in this
1943 section for licenses in general.
1944 Section 71. Subsection (1) of section 492.108, Florida
1945 Statutes, is amended to read:
1946 492.108 Licensure by endorsement; requirements; fees.—
1947 (1) The department shall issue a license by endorsement to
1948 any applicant who, upon applying to the department and remitting
1949 an application fee, has been certified by the board that he or
1950 she:
1951 (a) Has met the qualifications for licensure in s.
1952 492.105(1)(b)-(e) and:.
1953 1.(b) Is the holder of an active license in good standing
1954 in a state, trust, territory, or possession of the United
1955 States.
1956 2.(c) Was licensed through written examination in at least
1957 one state, trust, territory, or possession of the United States,
1958 the examination requirements of which have been approved by the
1959 board as substantially equivalent to or more stringent than
1960 those of this state, and has received a score on such
1961 examination which is equal to or greater than the score required
1962 by this state for licensure by examination.
1963 3.(d) Has taken and successfully passed the laws and rules
1964 portion of the examination required for licensure as a
1965 professional geologist in this state.
1966 (b) Has held a valid license to practice geology in another
1967 state, trust, territory, or possession of the United States for
1968 at least 10 years before the date of application and has
1969 successfully completed a state, regional, national, or other
1970 examination that is equivalent to or more stringent than the
1971 examination required by the department. If such applicant has
1972 met the requirements for a license by endorsement except
1973 successful completion of an examination that is equivalent to or
1974 more stringent than the examination required by the board, such
1975 applicant may take the examination required by the board.
1976 Section 72. Section 492.111, Florida Statutes, is amended
1977 to read:
1978 492.111 Practice of professional geology by a firm,
1979 corporation, or partnership; certificate of authorization.—The
1980 practice of, or offer to practice, professional geology by
1981 individual professional geologists licensed under the provisions
1982 of this chapter through a firm, corporation, or partnership
1983 offering geological services to the public through individually
1984 licensed professional geologists as agents, employees, officers,
1985 or partners thereof is permitted subject to the provisions of
1986 this chapter, if provided that:
1987 (1) At all times that it offers geological services to the
1988 public, the firm, corporation, or partnership is qualified by
1989 has on file with the department the name and license number of
1990 one or more individuals who hold a current, active license as a
1991 professional geologist in the state and are serving as a
1992 geologist of record for the firm, corporation, or partnership. A
1993 geologist of record may be any principal officer or employee of
1994 such firm or corporation, or any partner or employee of such
1995 partnership, who holds a current, active license as a
1996 professional geologist in this state, or any other Florida
1997 licensed professional geologist with whom the firm, corporation,
1998 or partnership has entered into a long-term, ongoing
1999 relationship, as defined by rule of the board, to serve as one
2000 of its geologists of record. It shall be the responsibility of
2001 the firm, corporation, or partnership and The geologist of
2002 record shall to notify the department of any changes in the
2003 relationship or identity of that geologist of record within 30
2004 days after such change.
2005 (2) The firm, corporation, or partnership has been issued a
2006 certificate of authorization by the department as provided in
2007 this chapter. For purposes of this section, a certificate of
2008 authorization shall be required of any firm, corporation,
2009 partnership, association, or person practicing under a
2010 fictitious name and offering geological services to the public;
2011 except that, when an individual is practicing professional
2012 geology in her or his own name, she or he shall not be required
2013 to obtain a certificate of authorization under this section.
2014 Such certificate of authorization shall be renewed every 2
2015 years.
2016 (2)(3) All final geological papers or documents involving
2017 the practice of the profession of geology which have been
2018 prepared or approved for the use of such firm, corporation, or
2019 partnership, for delivery to any person for public record with
2020 the state, shall be dated and bear the signature and seal of the
2021 professional geologist or professional geologists who prepared
2022 or approved them.
2023 (3)(4) Except as provided in s. 558.0035, the fact that a
2024 licensed professional geologist practices through a corporation
2025 or partnership does not relieve the registrant from personal
2026 liability for negligence, misconduct, or wrongful acts committed
2027 by her or him. The partnership and all partners are jointly and
2028 severally liable for the negligence, misconduct, or wrongful
2029 acts committed by their agents, employees, or partners while
2030 acting in a professional capacity. Any officer, agent, or
2031 employee of a corporation is personally liable and accountable
2032 only for negligent acts, wrongful acts, or misconduct committed
2033 by her or him or committed by any person under her or his direct
2034 supervision and control, while rendering professional services
2035 on behalf of the corporation. The personal liability of a
2036 shareholder of a corporation, in her or his capacity as
2037 shareholder, may be no greater than that of a shareholder
2038 employee of a corporation incorporated under chapter 607. The
2039 corporation is liable up to the full value of its property for
2040 any negligent acts, wrongful acts, or misconduct committed by
2041 any of its officers, agents, or employees while they are engaged
2042 on behalf of the corporation in the rendering of professional
2043 services.
2044 (5) The firm, corporation, or partnership desiring a
2045 certificate of authorization shall file with the department an
2046 application therefor, upon a form to be prescribed by the
2047 department, accompanied by the required application fee.
2048 (6) The department may refuse to issue a certificate of
2049 authorization if any facts exist which would entitle the
2050 department to suspend or revoke an existing certificate of
2051 authorization or if the department, after giving persons
2052 involved a full and fair hearing, determines that any of the
2053 officers or directors of said firm or corporation, or partners
2054 of said partnership, have violated the provisions of s. 492.113.
2055 Section 73. Subsection (4) of section 492.113, Florida
2056 Statutes, is amended to read:
2057 492.113 Disciplinary proceedings.—
2058 (4) The department shall reissue the license of a
2059 disciplined professional geologist or business upon
2060 certification by the board that the disciplined person has
2061 complied with all of the terms and conditions set forth in the
2062 final order.
2063 Section 74. Section 492.115, Florida Statutes, is amended
2064 to read:
2065 492.115 Roster of licensed professional geologists.—A
2066 roster showing the names and places of business or residence of
2067 all licensed professional geologists and all properly qualified
2068 firms, corporations, or partnerships practicing holding
2069 certificates of authorization to practice professional geology
2070 in the state shall be prepared annually by the department. A
2071 copy of this roster must be made available to shall be
2072 obtainable by each licensed professional geologist and each
2073 firm, corporation, or partnership qualified by a professional
2074 geologist holding a certificate of authorization, and copies
2075 thereof shall be placed on file with the department.
2076 Section 75. Paragraph (i) of subsection (2) of section
2077 548.003, Florida Statutes, is amended to read:
2078 548.003 Florida State Boxing Commission.—
2079 (2) The Florida State Boxing Commission, as created by
2080 subsection (1), shall administer the provisions of this chapter.
2081 The commission has authority to adopt rules pursuant to ss.
2082 120.536(1) and 120.54 to implement the provisions of this
2083 chapter and to implement each of the duties and responsibilities
2084 conferred upon the commission, including, but not limited to:
2085 (i) Designation and duties of a knockdown timekeeper.
2086 Section 76. Subsection (1) of section 548.017, Florida
2087 Statutes, is amended to read:
2088 548.017 Participants, managers, and other persons required
2089 to have licenses.—
2090 (1) A participant, manager, trainer, second, timekeeper,
2091 referee, judge, announcer, physician, matchmaker, or promoter
2092 must be licensed before directly or indirectly acting in such
2093 capacity in connection with any match involving a participant. A
2094 physician approved by the commission must be licensed pursuant
2095 to chapter 458 or chapter 459, must maintain an unencumbered
2096 license in good standing, and must demonstrate satisfactory
2097 medical training or experience in boxing, or a combination of
2098 both, to the executive director before working as the ringside
2099 physician.
2100 Section 77. Paragraph (d) of subsection (1) of section
2101 553.5141, Florida Statutes, is amended to read:
2102 553.5141 Certifications of conformity and remediation
2103 plans.—
2104 (1) For purposes of this section:
2105 (d) “Qualified expert” means:
2106 1. An engineer licensed pursuant to chapter 471.
2107 2. A certified general contractor licensed pursuant to
2108 chapter 489.
2109 3. A certified building contractor licensed pursuant to
2110 chapter 489.
2111 4. A building code administrator licensed pursuant to
2112 chapter 468.
2113 5. A building inspector licensed pursuant to chapter 468.
2114 6. A plans examiner licensed pursuant to chapter 468.
2115 7. An interior designer who has passed the qualification
2116 examination prescribed by either the National Council for
2117 Interior Design Qualifications or the California Council for
2118 Interior Design Certification licensed pursuant to chapter 481.
2119 8. An architect licensed pursuant to chapter 481.
2120 9. A landscape architect licensed pursuant to chapter 481.
2121 10. Any person who has prepared a remediation plan related
2122 to a claim under Title III of the Americans with Disabilities
2123 Act, 42 U.S.C. s. 12182, that has been accepted by a federal
2124 court in a settlement agreement or court proceeding, or who has
2125 been qualified as an expert in Title III of the Americans with
2126 Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
2127 Section 78. Effective January 1, 2020, subsection (1) of
2128 section 553.74, Florida Statutes, is amended to read:
2129 553.74 Florida Building Commission.—
2130 (1) The Florida Building Commission is created and located
2131 within the Department of Business and Professional Regulation
2132 for administrative purposes. Members are appointed by the
2133 Governor subject to confirmation by the Senate. The commission
2134 is composed of 20 27 members, consisting of the following
2135 members:
2136 (a) One architect licensed pursuant to chapter 481 with at
2137 least 5 years of experience in the design and construction of
2138 buildings containing Florida Building Code designated Group R
2139 occupancy at or above 210 feet in height above the elevation of
2140 the lowest level of emergency services access registered to
2141 practice in this state and actively engaged in the profession.
2142 The American Institute of Architects, Florida Section, is
2143 encouraged to recommend a list of candidates for consideration.
2144 (b) One structural engineer registered to practice in this
2145 state and actively engaged in the profession. The Florida
2146 Engineering Society is encouraged to recommend a list of
2147 candidates for consideration.
2148 (c) One air-conditioning or mechanical contractor certified
2149 to do business in this state and actively engaged in the
2150 profession. The Florida Air Conditioning Contractors
2151 Association, the Florida Refrigeration and Air Conditioning
2152 Contractors Association, and the Mechanical Contractors
2153 Association of Florida are encouraged to recommend a list of
2154 candidates for consideration.
2155 (d) One electrical contractor certified to do business in
2156 this state and actively engaged in the profession. The Florida
2157 Association of Electrical Contractors and the National
2158 Electrical Contractors Association, Florida Chapter, are
2159 encouraged to recommend a list of candidates for consideration.
2160 (e) One member from fire protection engineering or
2161 technology who is actively engaged in the profession. The
2162 Florida Chapter of the Society of Fire Protection Engineers and
2163 the Florida Fire Marshals and Inspectors Association are
2164 encouraged to recommend a list of candidates for consideration.
2165 (e)(f) One certified general contractor or one certified
2166 building contractor certified to do business in this state and
2167 actively engaged in the profession. The Associated Builders and
2168 Contractors of Florida, the Florida Associated General
2169 Contractors Council, the Florida Home Builders Association, and
2170 the Union Contractors Association are encouraged to recommend a
2171 list of candidates for consideration.
2172 (f)(g) One plumbing contractor licensed to do business in
2173 this state and actively engaged in the profession. The Florida
2174 Association of Plumbing, Heating, and Cooling Contractors is
2175 encouraged to recommend a list of candidates for consideration.
2176 (g)(h) One roofing or sheet metal contractor certified to
2177 do business in this state and actively engaged in the
2178 profession. The Florida Roofing, Sheet Metal, and Air
2179 Conditioning Contractors Association and the Sheet Metal and Air
2180 Conditioning Contractors’ National Association are encouraged to
2181 recommend a list of candidates for consideration.
2182 (h)(i) One certified residential contractor licensed to do
2183 business in this state and actively engaged in the profession.
2184 The Florida Home Builders Association is encouraged to recommend
2185 a list of candidates for consideration.
2186 (i)(j) Three members who are municipal, county, or district
2187 codes enforcement officials, one of whom is also a fire
2188 official. The Building Officials Association of Florida and the
2189 Florida Fire Marshals and Inspectors Association are encouraged
2190 to recommend a list of candidates for consideration.
2191 (j) The State Fire Marshal or his or her designee who has
2192 expertise in fire suppression.
2193 (k) One member who represents the Department of Financial
2194 Services.
2195 (l) One member who is a county codes enforcement official.
2196 The Building Officials Association of Florida is encouraged to
2197 recommend a list of candidates for consideration.
2198 (k)(m) One member of a Florida-based organization of
2199 persons with disabilities or a nationally chartered organization
2200 of persons with disabilities with chapters in this state which
2201 complies with or is certified to be compliant with the
2202 requirements of the Americans with Disability Act of 1990, as
2203 amended.
2204 (l)(n) One member of the manufactured buildings industry
2205 who is licensed to do business in this state and is actively
2206 engaged in the industry. The Florida Manufactured Housing
2207 Association is encouraged to recommend a list of candidates for
2208 consideration.
2209 (o) One mechanical or electrical engineer registered to
2210 practice in this state and actively engaged in the profession.
2211 The Florida Engineering Society is encouraged to recommend a
2212 list of candidates for consideration.
2213 (p) One member who is a representative of a municipality or
2214 a charter county. The Florida League of Cities and the Florida
2215 Association of Counties are encouraged to recommend a list of
2216 candidates for consideration.
2217 (p)(q) One member of the building products manufacturing
2218 industry who is authorized to do business in this state and is
2219 actively engaged in the industry. The Florida Building Material
2220 Association, the Florida Concrete and Products Association, and
2221 the Fenestration Manufacturers Association are encouraged to
2222 recommend a list of candidates for consideration.
2223 (r) One member who is a representative of the building
2224 owners and managers industry who is actively engaged in
2225 commercial building ownership or management. The Building Owners
2226 and Managers Association is encouraged to recommend a list of
2227 candidates for consideration.
2228 (q)(s) One member who is a representative of the insurance
2229 industry. The Florida Insurance Council is encouraged to
2230 recommend a list of candidates for consideration.
2231 (t) One member who is a representative of public education.
2232 (r)(u) One member who is a swimming pool contractor
2233 licensed to do business in this state and actively engaged in
2234 the profession. The Florida Swimming Pool Association and the
2235 United Pool and Spa Association are encouraged to recommend a
2236 list of candidates for consideration.
2237 (s)(v) One member who is a representative of the green
2238 building industry and who is a third-party commission agent, a
2239 Florida board member of the United States Green Building Council
2240 or Green Building Initiative, a professional who is accredited
2241 under the International Green Construction Code (IGCC), or a
2242 professional who is accredited under Leadership in Energy and
2243 Environmental Design (LEED).
2244 (t)(w) One member who is a representative of a natural gas
2245 distribution system and who is actively engaged in the
2246 distribution of natural gas in this state. The Florida Natural
2247 Gas Association is encouraged to recommend a list of candidates
2248 for consideration.
2249 (x) One member who is a representative of the Department of
2250 Agriculture and Consumer Services’ Office of Energy. The
2251 Commissioner of Agriculture is encouraged to recommend a list of
2252 candidates for consideration.
2253 (y) One member who shall be the chair.
2254 Section 79. Paragraph (c) of subsection (5) of section
2255 553.79, Florida Statutes, is amended to read:
2256 553.79 Permits; applications; issuance; inspections.—
2257 (5)
2258 (c) The architect or engineer of record may act as the
2259 special inspector provided she or he is on the Board of
2260 Professional Engineers’ or the Board of Architecture’s
2261 Architecture and Interior Design’s list of persons qualified to
2262 be special inspectors. School boards may utilize employees as
2263 special inspectors provided such employees are on one of the
2264 professional licensing board’s list of persons qualified to be
2265 special inspectors.
2266 Section 80. Subsection (7) of section 558.002, Florida
2267 Statutes, is amended to read:
2268 558.002 Definitions.—As used in this chapter, the term:
2269 (7) “Design professional” means a person, as defined in s.
2270 1.01, who is licensed in this state as an architect, interior
2271 designer, a landscape architect, an engineer, a surveyor, or a
2272 geologist.
2273 Section 81. Subsection (3) of section 559.25, Florida
2274 Statutes, is amended to read:
2275 559.25 Exemptions.—The provisions of this part shall not
2276 apply to or affect the following persons:
2277 (3) Duly licensed auctioneers, selling at auction.
2278 Section 82. Paragraphs (h) and (k) of subsection (2) of
2279 section 287.055, Florida Statutes, are amended to read:
2280 287.055 Acquisition of professional architectural,
2281 engineering, landscape architectural, or surveying and mapping
2282 services; definitions; procedures; contingent fees prohibited;
2283 penalties.—
2284 (2) DEFINITIONS.—For purposes of this section:
2285 (h) A “design-build firm” means a partnership, corporation,
2286 or other legal entity that:
2287 1. Is certified under s. 489.119 to engage in contracting
2288 through a certified or registered general contractor or a
2289 certified or registered building contractor as the qualifying
2290 agent; or
2291 2. Is qualified certified under s. 471.023 to practice or
2292 to offer to practice engineering; qualified certified under s.
2293 481.219 to practice or to offer to practice architecture; or
2294 qualified certified under s. 481.319 to practice or to offer to
2295 practice landscape architecture.
2296 (k) A “design criteria professional” means a firm that is
2297 qualified who holds a current certificate of registration under
2298 chapter 481 to practice architecture or landscape architecture
2299 or a firm who holds a current certificate as a registered
2300 engineer under chapter 471 to practice engineering and who is
2301 employed by or under contract to the agency for the providing of
2302 professional architect services, landscape architect services,
2303 or engineering services in connection with the preparation of
2304 the design criteria package.
2305 Section 83. Except as otherwise expressly provided in this
2306 act, this act shall take effect July 1, 2019.
2307
2308 ================= T I T L E A M E N D M E N T ================
2309 And the title is amended as follows:
2310 Delete everything before the enacting clause
2311 and insert:
2312 A bill to be entitled
2313 An act relating to the deregulation of professions and
2314 occupations; amending s. 20.165, F.S.; renaming the
2315 Board of Architecture and Interior Design as the Board
2316 of Architecture within the Department of Professional
2317 Regulation; amending s. 326.004, F.S.; deleting the
2318 requirement for a yacht broker to maintain a separate
2319 license for each branch office; deleting the
2320 requirement for the division to establish a fee;
2321 amending s. 447.02, F.S.; conforming provisions to
2322 changes made by the act; repealing s. 447.04, F.S.,
2323 relating to licensure and permit requirements for
2324 business agents; repealing s. 447.041, F.S., relating
2325 to hearings for persons or labor organizations denied
2326 licensure as a business agent; repealing s. 447.045,
2327 F.S., relating to confidential information obtained
2328 during the application process; repealing s. 447.06,
2329 F.S., relating to required registration of labor
2330 organizations; amending s. 447.09, F.S.; deleting
2331 certain prohibited actions relating to the right of
2332 franchise of a member of a labor organization;
2333 repealing s. 447.12, F.S., relating to registration
2334 fees; repealing s. 447.16, F.S., relating to
2335 applicability; amending s. 447.305, F.S.; deleting a
2336 provision that requires notification of registrations
2337 and renewals to the department; amending s. 455.213,
2338 F.S.; requiring the Department of Business and
2339 Professional Regulation or a board to seek reciprocal
2340 licensing agreements with other states under certain
2341 circumstances; providing requirements; requiring the
2342 department, in consultation with applicable
2343 professional boards and the Department of Education,
2344 to conduct a specified review of certain
2345 apprenticeship programs; requiring the Department of
2346 Business and Professional Regulation to submit a
2347 report to the Governor and the Legislature by a
2348 specified date; amending s. 468.385, F.S.; revising
2349 requirements relating to businesses auctioning or
2350 offering to auction property in this state; amending
2351 s. 468.401, F.S.; redefining the term “talent agency”;
2352 amending s. 468.408, F.S.; conforming provisions to
2353 changes made by the act; amending s. 468.412, F.S.;
2354 requiring employees of talent agencies to complete
2355 level 1 background screenings; amending s. 468.415,
2356 F.S.; prohibiting any agent, owner, or operator who
2357 commits sexual misconduct in the operation of a talent
2358 agency from acting as an agent, owner, or operator of
2359 a Florida talent agency; amending s. 468.524, F.S.;
2360 deleting specified exemptions from the time
2361 restriction for an employee leasing company to reapply
2362 for licensure; amending s. 468.613, F.S.; providing
2363 for waiver of specified requirements for certification
2364 under certain circumstances; amending s. 468.8314,
2365 F.S.; requiring an applicant for a license by
2366 endorsement to maintain a specified insurance policy;
2367 requiring the department to certify an applicant who
2368 holds a specified license issued by another state or
2369 territory of the United States under certain
2370 circumstances; amending s. 468.8414, F.S.; providing
2371 additional licensure requirements for mold
2372 remediators; amending s. 469.006, F.S.; providing
2373 additional licensure requirements for asbestos
2374 abatement consulting or contracting as a partnership,
2375 corporation, business trust, or other legal entity;
2376 amending s. 469.009, F.S.; conforming provisions to
2377 changes made by the act; amending s. 471.005, F.S.;
2378 revising definitions; amending s. 471.011, F.S.;
2379 conforming a provision to changes made by the act;
2380 amending s. 471.015, F.S.; revising licensure
2381 requirements for engineers who hold specified licenses
2382 in another state; amending s. 471.023, F.S.; providing
2383 requirements for qualification of a business
2384 organization; providing requirements for a qualifying
2385 agent; deleting the administration of disciplinary
2386 action against a business organization; amending s.
2387 473.308, F.S.; deleting continuing education
2388 requirements for license by endorsement for certified
2389 public accountants; amending s. 474.202, F.S.;
2390 revising the definition of the term “limited-service
2391 veterinary medical practice” to include certain
2392 vaccinations or immunizations; amending s. 474.207,
2393 F.S.; revising education requirements for licensure by
2394 examination; amending s. 474.217, F.S.; requiring the
2395 Department of Business and Professional Regulation to
2396 issue a license by endorsement to certain applicants
2397 who successfully complete a specified examination;
2398 amending s. 476.144, F.S.; requiring the department to
2399 license an applicant who is licensed to practice
2400 barbering in another state; amending s. 477.013, F.S.;
2401 revising the definition of the term “hair braiding”;
2402 repealing s. 477.0132, F.S., relating to registration
2403 for hair braiding, hair wrapping, and body wrapping;
2404 amending s. 477.0135, F.S.; providing additional
2405 exemptions from license or registration requirements
2406 for specified occupations or practices; amending s.
2407 477.019, F.S.; conforming provisions to changes made
2408 by the act; amending s. 477.026, F.S.; conforming
2409 provisions to changes made by the act; amending s.
2410 477.0263, F.S.; providing certain cosmetology services
2411 may be performed in a location other than a licensed
2412 salon under certain circumstances; amending ss.
2413 477.0265 and 477.029, F.S.; conforming provisions to
2414 changes made by the act; amending s. 481.201, F.S.;
2415 deleting legislative findings relating to the practice
2416 of interior design; amending s. 481.203, F.S.;
2417 revising definitions; amending s. 481.205, F.S.;
2418 renaming the Board of Architecture and Interior Design
2419 as the Board of Architecture; revising membership of
2420 the board; conforming provisions; amending ss.
2421 481.207, 481.209, and 481.213, F.S.; conforming
2422 provisions; amending s. 481.2131, F.S.; requiring
2423 certain interior designers to include proof of
2424 completed specified examination requirements when
2425 submitting documents for the issuance of a building
2426 permit; providing that a license or registration is
2427 not required for specified persons to practice;
2428 amending ss. 481.215 and 481.217, F.S.; conforming
2429 provisions to changes made by the act; amending s.
2430 481.219, F.S.; deleting provisions permitting the
2431 practice of or offer to practice interior design
2432 through certain business organizations; deleting
2433 provisions requiring certificates of authorization for
2434 certain business organizations offering interior
2435 design services to the public; requiring a licensee or
2436 applicant in the practice of architecture to qualify
2437 as a business organization; providing requirements;
2438 amending s. 481.221, F.S.; conforming provisions;
2439 requiring a registered architect or a qualifying agent
2440 for a business organization to display their license
2441 number in specified advertisements; providing an
2442 exception; amending ss. 481.222 and 481.223, F.S.;
2443 conforming provisions; repealing s. 481.2251, F.S.,
2444 relating to the practice and regulation of interior
2445 design, registration for interior designers, and
2446 disciplinary proceedings against registered interior
2447 designers; amending ss. 481.229 and 481.231, F.S.;
2448 conforming provisions; amending s. 481.303, F.S.;
2449 deleting the definition of the term “certificate of
2450 authorization”; amending s. 481.310, F.S.; providing
2451 that an applicant who holds certain degrees is not
2452 required to demonstrate 1 year of practical experience
2453 for licensure; amending s. 481.311, F.S.; requiring
2454 the Board of Landscape Architecture to certify an
2455 applicant who holds a specified license issued by
2456 another state or territory of the United States under
2457 certain circumstances; conforming provisions; amending
2458 s. 481.317, F.S.; conforming provisions; amending s.
2459 481.319, F.S.; deleting the requirement for a
2460 certificate of authorization; authorizing landscape
2461 architects to practice through a corporation or
2462 partnership; amending s. 481.321, F.S.; requiring a
2463 landscape architect to display their certificate
2464 number in specified advertisements; amending s.
2465 481.329, F.S.; conforming a cross-reference; amending
2466 s. 489.103, F.S.; revising certain contract prices for
2467 exemption; amending s. 489.111, F.S.; revising
2468 provisions relating to eligibility for licensure;
2469 amending s. 489.115, F.S.; requiring the Construction
2470 Industry Licensing Board to certify any applicant who
2471 holds a specified license to practice contracting
2472 issued by another state or territory of the United
2473 States under certain circumstances; amending s.
2474 489.511, F.S.; requiring the board to certify as
2475 qualified for certification by endorsement any
2476 applicant who holds a specified license to practice
2477 electrical or alarm system contracting issued by
2478 another state or territory of the United States under
2479 certain circumstances; amending s. 489.517, F.S.;
2480 providing a reduction in certain continuing education
2481 hours required for registered contractors; amending s.
2482 489.518, F.S.; requiring a person to have completed a
2483 specified amount of training within a certain time
2484 period to perform the duties of an alarm system agent;
2485 amending s. 492.104, F.S.; conforming provisions to
2486 changes made by the act; amending s. 492.108, F.S.;
2487 requiring the department to issue a license by
2488 endorsement to any applicant who has held a specified
2489 license to practice geology in another state, trust,
2490 territory, or possession of the United States for a
2491 certain period of time; providing that an applicant
2492 may take the examination required by the board if they
2493 have not met the specified examination requirement;
2494 amending s. 492.111, F.S.; deleting the requirements
2495 for a certificate of authorization for a professional
2496 geologist; amending ss. 492.113 and 492.115, F.S.;
2497 conforming provisions; amending s. 548.003, F.S.;
2498 deleting the requirement that the Florida State Boxing
2499 Commission adopt rules relating to a knockdown
2500 timekeeper; amending s. 548.017, F.S.; deleting the
2501 licensure requirement for a timekeeper or an
2502 announcer; amending s. 553.5141, F.S.; conforming
2503 provisions to changes made by the act; amending s.
2504 553.74, F.S.; revising the membership and
2505 qualifications of the Florida Building Commission;
2506 amending ss. 553.79, 558.002, 559.25, and 287.055,
2507 F.S.; conforming provisions to changes made by the
2508 act; providing effective dates.