Florida Senate - 2020                              CS for SB 474
       
       
        
       By the Committee on Innovation, Industry, and Technology; and
       Senator Albritton
       
       
       
       
       580-02430-20                                           2020474c1
    1                        A bill to be entitled                      
    2         An act relating to the deregulation of professions and
    3         occupations; providing a short title; amending s.
    4         20.165, F.S.; renaming the Board of Architecture and
    5         Interior Design as the Board of Architecture within
    6         the Department of Business and Professional
    7         Regulation; amending s. 322.57, F.S.; defining the
    8         term “servicemember”; requiring the Department of
    9         Highway Safety and Motor Vehicles to waive the
   10         requirement to pass the Commercial Driver License
   11         Skills Tests for certain servicemembers and veterans;
   12         requiring an applicant who receives such waiver to
   13         complete certain requirements within a specified time;
   14         requiring the department to adopt rules; amending s.
   15         326.004, F.S.; deleting the requirement that a yacht
   16         broker maintain a separate license for each branch
   17         office; deleting the requirement that the Division of
   18         Florida Condominiums, Timeshares, and Mobile Homes
   19         establish a fee; amending s. 447.02, F.S.; conforming
   20         provisions to changes made by the act; repealing s.
   21         447.04, F.S., relating to licensure and permit
   22         requirements for business agents; repealing s.
   23         447.041, F.S., relating to hearings for persons or
   24         labor organizations denied licensure as a business
   25         agent; repealing s. 447.045, F.S., relating to
   26         confidential information obtained during the
   27         application process; repealing s. 447.06, F.S.,
   28         relating to required registration of labor
   29         organizations; amending s. 447.09, F.S.; deleting
   30         certain prohibited actions relating to the right of
   31         franchise of a member of a labor organization;
   32         repealing s. 447.12, F.S., relating to registration
   33         fees; repealing s. 447.16, F.S., relating to
   34         applicability; amending s. 447.305, F.S.; deleting a
   35         provision that requires notification of registrations
   36         and renewals to the Department of Business and
   37         Professional Regulation; amending s. 455.213, F.S.;
   38         requiring the department or a board to enter into
   39         reciprocal licensing agreements with other states
   40         under certain circumstances; providing requirements;
   41         amending s. 456.072, F.S.; specifying that the failure
   42         to repay certain student loans is not considered a
   43         failure to perform a statutory or legal obligation for
   44         which certain disciplinary action can be taken;
   45         conforming provisions to changes made by the act;
   46         repealing s. 456.0721, F.S., relating to health care
   47         practitioners who are in default on student loan or
   48         scholarship obligations; amending s. 456.074, F.S.;
   49         deleting a provision relating to the suspension of a
   50         license issued by the Department of Health for
   51         defaulting on certain student loans; amending s.
   52         468.385, F.S.; revising requirements relating to
   53         businesses auctioning or offering to auction property
   54         in this state; amending s. 468.603, F.S.; revising
   55         which inspectors are included in the definition of the
   56         term “categories of building code inspectors”;
   57         amending s. 468.613, F.S.; providing for waiver of
   58         specified requirements for certification under certain
   59         circumstances; amending s. 468.8314, F.S.; requiring
   60         an applicant for a license by endorsement to maintain
   61         a specified insurance policy; requiring the department
   62         to certify an applicant who holds a specified license
   63         issued by another state or territory of the United
   64         States under certain circumstances; amending s.
   65         471.015, F.S.; revising licensure requirements for
   66         engineers who hold specified licenses in another
   67         state; amending s. 473.308, F.S.; deleting continuing
   68         education requirements for license by endorsement for
   69         certified public accountants; amending s. 474.202,
   70         F.S.; revising the definition of the term “limited
   71         service veterinary medical practice” to include
   72         certain procedures; amending s. 474.207, F.S.;
   73         revising education requirements for licensure by
   74         examination; amending s. 474.217, F.S.; requiring the
   75         department to issue a license by endorsement to
   76         certain applicants who successfully complete a
   77         specified examination; amending s. 476.114, F.S.;
   78         revising training requirements for licensure as a
   79         barber; amending s. 476.144, F.S.; requiring the
   80         department to certify as qualified for licensure by
   81         endorsement an applicant who is licensed to practice
   82         barbering in another state; amending s. 477.013, F.S.;
   83         revising the definition of the term “hair braiding”;
   84         repealing s. 477.0132, F.S., relating to registration
   85         for hair braiding, hair wrapping, and body wrapping;
   86         amending s. 477.0135, F.S.; providing additional
   87         exemptions from license or registration requirements
   88         for specified occupations or practices; amending s.
   89         477.019, F.S.; deleting a provision prohibiting the
   90         Board of Cosmetology from asking for proof of certain
   91         educational hours under certain circumstances;
   92         revising requirements for certification of licensure
   93         by endorsement for a certain applicant to engage in
   94         the practice of cosmetology; conforming provisions to
   95         changes made by the act; amending s. 477.0201, F.S.;
   96         providing requirements for registration as a
   97         specialist; amending s. 477.026, F.S.; conforming
   98         provisions to changes made by the act; amending s.
   99         477.0263, F.S.; providing that certain cosmetology
  100         services may be performed in a location other than a
  101         licensed salon under certain circumstances; amending
  102         ss. 477.0265 and 477.029, F.S.; conforming provisions
  103         to changes made by the act; amending s. 481.201, F.S.;
  104         deleting legislative findings relating to the practice
  105         of interior design; amending s. 481.203, F.S.;
  106         revising and deleting definitions; amending s.
  107         481.205, F.S.; conforming provisions to changes made
  108         by the act; amending s. 481.207, F.S.; authorizing the
  109         board to establish certain fees for certificates of
  110         registration for interior designers; specifying that
  111         such registration is valid for a specified period of
  112         time; authorizing registered interior designers to
  113         renew such registration; conforming provisions to
  114         changes made by the act; amending s. 481.209, F.S.;
  115         providing requirements for a certificate of
  116         registration and a seal for interior designers;
  117         conforming provisions to changes made by the act;
  118         amending s. 481.213, F.S.; revising requirements for
  119         certification of licensure by endorsement for a
  120         certain licensee to engage in the practice of
  121         architecture; providing that a registration is not
  122         required for specified persons to practice; conforming
  123         provisions to changes made by the act; amending s.
  124         481.2131, F.S.; requiring certain interior designers
  125         to include a specified seal when submitting documents
  126         for the issuance of a building permit; amending s.
  127         481.215, F.S.; conforming provisions to changes made
  128         by the act; deleting a provision requiring a specified
  129         number of hours in certain courses for the renewal of
  130         a license; amending s. 481.217, F.S.; conforming
  131         provisions to changes made by the act; amending s.
  132         481.219, F.S.; deleting provisions permitting the
  133         practice of or offer to practice interior design
  134         through certain business organizations; deleting
  135         provisions requiring certificates of authorization for
  136         certain business organizations offering interior
  137         design services to the public; requiring a licensee or
  138         applicant in the practice of architecture to qualify
  139         as a business organization; providing requirements;
  140         amending s. 481.221, F.S.; conforming provisions to
  141         changes made by the act; requiring registered
  142         architects and certain business organizations to
  143         display certain license numbers in specified
  144         advertisements; amending s. 481.223, F.S.; providing
  145         construction; conforming provisions to changes made by
  146         the act; amending s. 481.2251, F.S.; revising the acts
  147         that constitute grounds for disciplinary actions
  148         relating to interior designers; conforming provisions
  149         to changes made by the act; amending ss. 481.229 and
  150         481.231, F.S.; conforming provisions to changes made
  151         by the act; amending s. 481.303, F.S.; deleting the
  152         definition of the term “certificate of authorization”;
  153         amending s. 481.310, F.S.; providing that an applicant
  154         who holds certain degrees is not required to
  155         demonstrate 1 year of practical experience for
  156         licensure; amending s. 481.311, F.S.; revising
  157         requirements for certification of licensure by
  158         endorsement for a certain applicant to engage in the
  159         practice of landscape architecture; amending s.
  160         481.317, F.S.; conforming provisions to changes made
  161         by the act; amending s. 481.319, F.S.; deleting the
  162         requirement for a certificate of authorization;
  163         authorizing landscape architects to practice in the
  164         name of a corporation or partnership; amending s.
  165         481.321, F.S.; requiring a landscape architect to
  166         display a certain certificate number in specified
  167         advertisements; amending s. 481.329, F.S.; conforming
  168         a cross-reference; amending s. 489.103, F.S.; revising
  169         certain contract prices for exemption; amending s.
  170         489.111, F.S.; revising provisions relating to
  171         eligibility for licensure; amending s. 489.115, F.S.;
  172         requiring the Construction Industry Licensing Board to
  173         certify any applicant who holds a specified license to
  174         practice contracting issued by another state or
  175         territory of the United States under certain
  176         circumstances; amending s. 489.511, F.S.; requiring
  177         the board to certify as qualified for certification by
  178         endorsement any applicant who holds a specified
  179         license to practice electrical or alarm system
  180         contracting issued by another state or territory of
  181         the United States under certain circumstances;
  182         amending s. 489.517, F.S.; providing a reduction in
  183         certain continuing education hours required for
  184         registered contractors; amending s. 489.518, F.S.;
  185         requiring a person to have completed a specified
  186         amount of training within a certain time period to
  187         perform the duties of an alarm system agent; creating
  188         s. 509.102; preempting the regulation of mobile food
  189         dispensing vehicles to the state; defining the term
  190         mobile food dispensing vehicle; amending s. 548.003,
  191         F.S.; deleting the requirement that the Florida State
  192         Boxing Commission adopt rules relating to a knockdown
  193         timekeeper; amending s. 548.017, F.S.; deleting the
  194         licensure requirement for a timekeeper or an
  195         announcer; amending s. 553.5141, F.S.; conforming
  196         provisions to changes made by the act; amending s.
  197         553.74, F.S.; revising the membership and
  198         qualifications of the Florida Building Commission;
  199         amending ss. 558.002, 559.25, and 287.055, F.S.;
  200         conforming provisions to changes made by the act;
  201         providing effective dates.
  202          
  203  Be It Enacted by the Legislature of the State of Florida:
  204  
  205         Section 1. This act may be cited as the “Occupational
  206  Freedom and Opportunity Act.”
  207         Section 2. Paragraph (a) of subsection (4) of section
  208  20.165, Florida Statutes, is amended to read:
  209         20.165 Department of Business and Professional Regulation.
  210  There is created a Department of Business and Professional
  211  Regulation.
  212         (4)(a) The following boards and programs are established
  213  within the Division of Professions:
  214         1. Board of Architecture and Interior Design, created under
  215  part I of chapter 481.
  216         2. Florida Board of Auctioneers, created under part VI of
  217  chapter 468.
  218         3. Barbers’ Board, created under chapter 476.
  219         4. Florida Building Code Administrators and Inspectors
  220  Board, created under part XII of chapter 468.
  221         5. Construction Industry Licensing Board, created under
  222  part I of chapter 489.
  223         6. Board of Cosmetology, created under chapter 477.
  224         7. Electrical Contractors’ Licensing Board, created under
  225  part II of chapter 489.
  226         8. Board of Employee Leasing Companies, created under part
  227  XI of chapter 468.
  228         9. Board of Landscape Architecture, created under part II
  229  of chapter 481.
  230         10. Board of Pilot Commissioners, created under chapter
  231  310.
  232         11. Board of Professional Engineers, created under chapter
  233  471.
  234         12. Board of Professional Geologists, created under chapter
  235  492.
  236         13. Board of Veterinary Medicine, created under chapter
  237  474.
  238         14. Home inspection services licensing program, created
  239  under part XV of chapter 468.
  240         15. Mold-related services licensing program, created under
  241  part XVI of chapter 468.
  242         Section 3. Present subsection (4) of section 322.57,
  243  Florida Statutes, is redesignated as subsection (5), and a new
  244  subsection (4) is added to that section, to read
  245         322.57 Tests of knowledge concerning specified vehicles;
  246  endorsement; nonresidents; violations.—
  247         (4)(a)As used in this subsection, the term “servicemember”
  248  means a member of any branch of the United States military or
  249  military reserves, the United States Coast Guard or its
  250  reserves, the Florida National Guard, or the Florida Air
  251  National Guard.
  252         (b)The department shall waive the requirement to pass the
  253  Commercial Driver License Skills Tests for servicemembers and
  254  veterans if:
  255         1.The applicant has been honorably discharged from
  256  military service within 1 year of the application, if the
  257  applicant is a veteran;
  258         2.The applicant is trained as an MOS 88M Army Motor
  259  Transport Operator or similar military job specialty;
  260         3.The applicant has received training to operate large
  261  trucks in compliance with the Federal Motor Carrier Safety
  262  Administration; and
  263         4.The applicant has at least 2 years of experience in the
  264  military driving vehicles that would require a commercial driver
  265  license to operate.
  266         (c)An applicant must complete every other requirement for
  267  a commercial driver license within 1 year of receiving a waiver
  268  under paragraph (b) or the waiver is invalid.
  269         (d)The department shall adopt rules to administer this
  270  subsection.
  271         Section 4. Subsection (13) of section 326.004, Florida
  272  Statutes, is amended to read:
  273         326.004 Licensing.—
  274         (13) Each broker must maintain a principal place of
  275  business in this state and may establish branch offices in the
  276  state. A separate license must be maintained for each branch
  277  office. The division shall establish by rule a fee not to exceed
  278  $100 for each branch office license.
  279         Section 5. Subsection (3) of section 447.02, Florida
  280  Statutes, is amended to read:
  281         447.02 Definitions.—The following terms, when used in this
  282  chapter, shall have the meanings ascribed to them in this
  283  section:
  284         (3)The term “department” means the Department of Business
  285  and Professional Regulation.
  286         Section 6. Section 447.04, Florida Statutes, is repealed.
  287         Section 7. Section 447.041, Florida Statutes, is repealed.
  288         Section 8. Section 447.045, Florida Statutes, is repealed.
  289         Section 9. Section 447.06, Florida Statutes, is repealed.
  290         Section 10. Subsections (6) and (8) of section 447.09,
  291  Florida Statutes, are amended to read:
  292         447.09 Right of franchise preserved; penalties.—It shall be
  293  unlawful for any person:
  294         (6)To act as a business agent without having obtained and
  295  possessing a valid and subsisting license or permit.
  296         (8)To make any false statement in an application for a
  297  license.
  298         Section 11. Section 447.12, Florida Statutes, is repealed.
  299         Section 12. Section 447.16, Florida Statutes, is repealed.
  300         Section 13. Subsection (4) of section 447.305, Florida
  301  Statutes, is amended to read:
  302         447.305 Registration of employee organization.—
  303         (4)Notification of registrations and renewals of
  304  registration shall be furnished at regular intervals by the
  305  commission to the Department of Business and Professional
  306  Regulation.
  307         Section 14. Subsection (14) is added to section 455.213,
  308  Florida Statutes, to read:
  309         455.213 General licensing provisions.—
  310         (14)The department or a board must enter into a reciprocal
  311  licensing agreement with other states if the practice act within
  312  the purview of this chapter permits such agreement. If a
  313  reciprocal licensing agreement exists or if the department or
  314  board has determined another state’s licensing requirements or
  315  examinations to be substantially equivalent or more stringent to
  316  those under the practice act, the department or board must post
  317  on its website which jurisdictions have such reciprocal
  318  licensing agreements or substantially similar licenses.
  319         Section 15. Paragraph (k) of subsection (1) of section
  320  456.072, Florida Statutes, is amended to read:
  321         456.072 Grounds for discipline; penalties; enforcement.—
  322         (1) The following acts shall constitute grounds for which
  323  the disciplinary actions specified in subsection (2) may be
  324  taken:
  325         (k) Failing to perform any statutory or legal obligation
  326  placed upon a licensee. For purposes of this section, failing to
  327  repay a student loan issued or guaranteed by the state or the
  328  Federal Government in accordance with the terms of the loan is
  329  not or failing to comply with service scholarship obligations
  330  shall be considered a failure to perform a statutory or legal
  331  obligation, and the minimum disciplinary action imposed shall be
  332  a suspension of the license until new payment terms are agreed
  333  upon or the scholarship obligation is resumed, followed by
  334  probation for the duration of the student loan or remaining
  335  scholarship obligation period, and a fine equal to 10 percent of
  336  the defaulted loan amount. Fines collected shall be deposited
  337  into the Medical Quality Assurance Trust Fund.
  338         Section 16. Section 456.0721, Florida Statutes, is
  339  repealed.
  340         Section 17. Subsection (4) of section 456.074, Florida
  341  Statutes, is amended to read:
  342         456.074 Certain health care practitioners; immediate
  343  suspension of license.—
  344         (4)Upon receipt of information that a Florida-licensed
  345  health care practitioner has defaulted on a student loan issued
  346  or guaranteed by the state or the Federal Government, the
  347  department shall notify the licensee by certified mail that he
  348  or she shall be subject to immediate suspension of license
  349  unless, within 45 days after the date of mailing, the licensee
  350  provides proof that new payment terms have been agreed upon by
  351  all parties to the loan. The department shall issue an emergency
  352  order suspending the license of any licensee who, after 45 days
  353  following the date of mailing from the department, has failed to
  354  provide such proof. Production of such proof shall not prohibit
  355  the department from proceeding with disciplinary action against
  356  the licensee pursuant to s. 456.073.
  357         Section 18. Paragraph (b) of subsection (7) of section
  358  468.385, Florida Statutes, is amended to read:
  359         468.385 Licenses required; qualifications; examination.—
  360         (7)
  361         (b) A No business may not shall auction or offer to auction
  362  any property in this state unless it is owned by an auctioneer
  363  who is licensed as an auction business by the department board
  364  or is exempt from licensure under this act. Each application for
  365  licensure must shall include the names of the owner and the
  366  business, the business mailing address and location, and any
  367  other information which the board may require. The owner of an
  368  auction business shall report to the board within 30 days of any
  369  change in this required information.
  370         Section 19. Paragraph (f) of subsection (5) of section
  371  468.603, Florida Statutes, is amended to read:
  372         468.603 Definitions.—As used in this part:
  373         (5) “Categories of building code inspectors” include the
  374  following:
  375         (f) “Residential One and two family dwelling inspector”
  376  means a person who is qualified to inspect and determine that
  377  one-family, two-family, or three-family residences not exceeding
  378  two habitable stories above no more than one uninhabitable story
  379  and accessory use structures in connection therewith one and two
  380  family dwellings and accessory structures are constructed in
  381  accordance with the provisions of the governing building,
  382  plumbing, mechanical, accessibility, and electrical codes.
  383         Section 20. Section 468.613, Florida Statutes, is amended
  384  to read:
  385         468.613 Certification by endorsement.—The board shall
  386  examine other certification or training programs, as applicable,
  387  upon submission to the board for its consideration of an
  388  application for certification by endorsement. The board shall
  389  waive its examination, qualification, education, or training
  390  requirements, to the extent that such examination,
  391  qualification, education, or training requirements of the
  392  applicant are determined by the board to be comparable with
  393  those established by the board. The board shall waive its
  394  examination, qualification, education, or training requirements
  395  if an applicant for certification by endorsement is at least 18
  396  years of age; is of good moral character; has held a valid
  397  building administrator, inspector, plans examiner, or the
  398  equivalent, certification issued by another state or territory
  399  of the United States for at least 10 years before the date of
  400  application; and has successfully passed an applicable
  401  examination administered by the International Code Council. Such
  402  application must be made either when the license in another
  403  state or territory is active or within 2 years after such
  404  license was last active.
  405         Section 21. Subsection (3) of section 468.8314, Florida
  406  Statutes, is amended to read:
  407         468.8314 Licensure.—
  408         (3) The department shall certify as qualified for a license
  409  by endorsement an applicant who is of good moral character as
  410  determined in s. 468.8313, who maintains an insurance policy as
  411  required by s. 468.8322, and who:;
  412         (a) Holds a valid license to practice home inspection
  413  services in another state or territory of the United States,
  414  whose educational requirements are substantially equivalent to
  415  those required by this part; and has passed a national,
  416  regional, state, or territorial licensing examination that is
  417  substantially equivalent to the examination required by this
  418  part; or
  419         (b) Has held a valid license to practice home inspection
  420  services issued by another state or territory of the United
  421  States for at least 10 years before the date of application.
  422  Such application must be made either when the license in another
  423  state or territory is active or within 2 years after such
  424  license was last active.
  425         Section 22. Subsection (5) of section 471.015, Florida
  426  Statutes, is amended to read:
  427         471.015 Licensure.—
  428         (5)(a) The board shall deem that an applicant who seeks
  429  licensure by endorsement has passed an examination substantially
  430  equivalent to the fundamentals examination when such applicant
  431  has held a valid professional engineer’s license in another
  432  state for 10 15 years and has had 20 years of continuous
  433  professional-level engineering experience.
  434         (b) The board shall deem that an applicant who seeks
  435  licensure by endorsement has passed an examination substantially
  436  equivalent to the fundamentals examination and the principles
  437  and practices examination when such applicant has held a valid
  438  professional engineer’s license in another state for 15 25 years
  439  and has had 30 years of continuous professional-level
  440  engineering experience.
  441         Section 23. Subsection (7) of section 473.308, Florida
  442  Statutes, is amended to read:
  443         473.308 Licensure.—
  444         (7) The board shall certify as qualified for a license by
  445  endorsement an applicant who:
  446         (a)1. Is not licensed and has not been licensed in another
  447  state or territory and who has met the requirements of this
  448  section for education, work experience, and good moral character
  449  and has passed a national, regional, state, or territorial
  450  licensing examination that is substantially equivalent to the
  451  examination required by s. 473.306; or and
  452         2.Has completed such continuing education courses as the
  453  board deems appropriate, within the limits for each applicable
  454  2-year period as set forth in s. 473.312, but at least such
  455  courses as are equivalent to the continuing education
  456  requirements for a Florida certified public accountant licensed
  457  in this state during the 2 years immediately preceding her or
  458  his application for licensure by endorsement; or
  459         (b)1.a. Holds a valid license to practice public accounting
  460  issued by another state or territory of the United States, if
  461  the criteria for issuance of such license were substantially
  462  equivalent to the licensure criteria that existed in this state
  463  at the time the license was issued;
  464         2.b. Holds a valid license to practice public accounting
  465  issued by another state or territory of the United States but
  466  the criteria for issuance of such license did not meet the
  467  requirements of sub-subparagraph a.; has met the requirements of
  468  this section for education, work experience, and good moral
  469  character; and has passed a national, regional, state, or
  470  territorial licensing examination that is substantially
  471  equivalent to the examination required by s. 473.306; or
  472         3.c. Holds a valid license to practice public accounting
  473  issued by another state or territory of the United States for at
  474  least 10 years before the date of application; has passed a
  475  national, regional, state, or territorial licensing examination
  476  that is substantially equivalent to the examination required by
  477  s. 473.306; and has met the requirements of this section for
  478  good moral character; and
  479         2.Has completed continuing education courses that are
  480  equivalent to the continuing education requirements for a
  481  Florida certified public accountant licensed in this state
  482  during the 2 years immediately preceding her or his application
  483  for licensure by endorsement.
  484         Section 24. Subsection (6) of section 474.202, Florida
  485  Statutes, is amended to read:
  486         474.202 Definitions.—As used in this chapter:
  487         (6) “Limited-service veterinary medical practice” means
  488  offering or providing veterinary services at any location that
  489  has a primary purpose other than that of providing veterinary
  490  medical service at a permanent or mobile establishment permitted
  491  by the board; provides veterinary medical services for privately
  492  owned animals that do not reside at that location; operates for
  493  a limited time; and provides limited types of veterinary medical
  494  services, including vaccinations or immunizations against
  495  disease, preventative procedures for parasitic control, and
  496  microchipping.
  497         Section 25. Paragraph (b) of subsection (2) of section
  498  474.207, Florida Statutes, is amended to read:
  499         474.207 Licensure by examination.—
  500         (2) The department shall license each applicant who the
  501  board certifies has:
  502         (b)1. Graduated from a college of veterinary medicine
  503  accredited by the American Veterinary Medical Association
  504  Council on Education; or
  505         2. Graduated from a college of veterinary medicine listed
  506  in the American Veterinary Medical Association Roster of
  507  Veterinary Colleges of the World and obtained a certificate from
  508  the Education Commission for Foreign Veterinary Graduates or the
  509  Program for the Assessment of Veterinary Education Equivalence.
  510  
  511  The department shall not issue a license to any applicant who is
  512  under investigation in any state or territory of the United
  513  States or in the District of Columbia for an act which would
  514  constitute a violation of this chapter until the investigation
  515  is complete and disciplinary proceedings have been terminated,
  516  at which time the provisions of s. 474.214 shall apply.
  517         Section 26. Subsection (1) of section 474.217, Florida
  518  Statutes, is amended to read:
  519         474.217 Licensure by endorsement.—
  520         (1) The department shall issue a license by endorsement to
  521  any applicant who, upon applying to the department and remitting
  522  a fee set by the board, demonstrates to the board that she or
  523  he:
  524         (a) Has demonstrated, in a manner designated by rule of the
  525  board, knowledge of the laws and rules governing the practice of
  526  veterinary medicine in this state; and
  527         (b)1. Either Holds, and has held for the 3 years
  528  immediately preceding the application for licensure, a valid,
  529  active license to practice veterinary medicine in another state
  530  of the United States, the District of Columbia, or a territory
  531  of the United States, provided that the applicant has
  532  successfully completed a state, regional, national, or other
  533  examination that is equivalent to or more stringent than the
  534  examination required by the board requirements for licensure in
  535  the issuing state, district, or territory are equivalent to or
  536  more stringent than the requirements of this chapter; or
  537         2. Meets the qualifications of s. 474.207(2)(b) and has
  538  successfully completed a state, regional, national, or other
  539  examination which is equivalent to or more stringent than the
  540  examination given by the department and has passed the board’s
  541  clinical competency examination or another clinical competency
  542  examination specified by rule of the board.
  543         Section 27. Subsection (2) of section 476.114, Florida
  544  Statutes, is amended to read:
  545         476.114 Examination; prerequisites.—
  546         (2) An applicant shall be eligible for licensure by
  547  examination to practice barbering if the applicant:
  548         (a) Is at least 16 years of age;
  549         (b) Pays the required application fee; and
  550         (c)1. Holds an active valid license to practice barbering
  551  in another state, has held the license for at least 1 year, and
  552  does not qualify for licensure by endorsement as provided for in
  553  s. 476.144(5); or
  554         2. Has received a minimum of 900 1,200 hours of training in
  555  sanitation, safety, and laws and rules, as established by the
  556  board, which shall include, but shall not be limited to, the
  557  equivalent of completion of services directly related to the
  558  practice of barbering at one of the following:
  559         a. A school of barbering licensed pursuant to chapter 1005;
  560         b. A barbering program within the public school system; or
  561         c. A government-operated barbering program in this state.
  562  
  563  The board shall establish by rule procedures whereby the school
  564  or program may certify that a person is qualified to take the
  565  required examination after the completion of a minimum of 600
  566  1,000 actual school hours. If the person passes the examination,
  567  she or he shall have satisfied this requirement; but if the
  568  person fails the examination, she or he shall not be qualified
  569  to take the examination again until the completion of the full
  570  requirements provided by this section.
  571         Section 28. Subsection (5) of section 476.144, Florida
  572  Statutes, is amended to read:
  573         476.144 Licensure.—
  574         (5) The board shall certify as qualified for licensure by
  575  endorsement as a barber in this state an applicant who holds a
  576  current active license to practice barbering in another state.
  577  The board shall adopt rules specifying procedures for the
  578  licensure by endorsement of practitioners desiring to be
  579  licensed in this state who hold a current active license in
  580  another state or country and who have met qualifications
  581  substantially similar to, equivalent to, or greater than the
  582  qualifications required of applicants from this state.
  583         Section 29. Subsection (9) of section 477.013, Florida
  584  Statutes, is amended to read:
  585         477.013 Definitions.—As used in this chapter:
  586         (9) “Hair braiding” means the weaving or interweaving of
  587  natural human hair or commercial hair, including the use of hair
  588  extensions or wefts, for compensation without cutting, coloring,
  589  permanent waving, relaxing, removing, or chemical treatment and
  590  does not include the use of hair extensions or wefts.
  591         Section 30. Section 477.0132, Florida Statutes, is
  592  repealed.
  593         Section 31. Subsections (7) through (10) are added to
  594  section 477.0135, Florida Statutes, to read:
  595         477.0135 Exemptions.—
  596         (7)A license or registration is not required for a person
  597  whose occupation or practice is confined solely to hair braiding
  598  as defined in s. 477.013(9).
  599         (8)A license or registration is not required for a person
  600  whose occupation or practice is confined solely to hair wrapping
  601  as defined in s. 477.013(10).
  602         (9)A license or registration is not required for a person
  603  whose occupation or practice is confined solely to body wrapping
  604  as defined in s. 477.013(12).
  605         (10)A license or registration is not required for a person
  606  whose occupation or practice is confined solely to applying
  607  polish to fingernails and toenails.
  608         Section 32. Subsections (6) and (7) of section 477.019,
  609  Florida Statutes, are amended to read:
  610         477.019 Cosmetologists; qualifications; licensure;
  611  supervised practice; license renewal; endorsement; continuing
  612  education.—
  613         (6) The board shall certify as qualified for licensure by
  614  endorsement as a cosmetologist in this state an applicant who
  615  holds a current active license to practice cosmetology in
  616  another state and who has completed a 2-hour course approved by
  617  the board on human immunodeficiency virus and acquired immune
  618  deficiency syndrome. The board may not require proof of
  619  educational hours if the license was issued in a state that
  620  requires 1,200 or more hours of prelicensure education and
  621  passage of a written examination. This subsection does not apply
  622  to applicants who received their license in another state
  623  through an apprenticeship program.
  624         (7)(a) The board shall prescribe by rule continuing
  625  education requirements intended to ensure protection of the
  626  public through updated training of licensees and registered
  627  specialists, not to exceed 10 16 hours biennially, as a
  628  condition for renewal of a license or registration as a
  629  specialist under this chapter. Continuing education courses
  630  shall include, but not be limited to, the following subjects as
  631  they relate to the practice of cosmetology: human
  632  immunodeficiency virus and acquired immune deficiency syndrome;
  633  Occupational Safety and Health Administration regulations;
  634  workers’ compensation issues; state and federal laws and rules
  635  as they pertain to cosmetologists, cosmetology, salons,
  636  specialists, specialty salons, and booth renters; chemical
  637  makeup as it pertains to hair, skin, and nails; and
  638  environmental issues. Courses given at cosmetology conferences
  639  may be counted toward the number of continuing education hours
  640  required if approved by the board.
  641         (b) Any person whose occupation or practice is confined
  642  solely to hair braiding, hair wrapping, or body wrapping is
  643  exempt from the continuing education requirements of this
  644  subsection.
  645         (c) The board may, by rule, require any licensee in
  646  violation of a continuing education requirement to take a
  647  refresher course or refresher course and examination in addition
  648  to any other penalty. The number of hours for the refresher
  649  course may not exceed 48 hours.
  650         Section 33. Subsection (1) of section 477.0201, Florida
  651  Statutes, is amended to read:
  652         477.0201 Specialty registration; qualifications;
  653  registration renewal; endorsement.—
  654         (1) Any person is qualified for registration as a
  655  specialist in any one or more of the specialty practice
  656  practices within the practice of cosmetology under this chapter
  657  who:
  658         (a) Is at least 16 years of age or has received a high
  659  school diploma.
  660         (b) Has received a certificate of completion for: in a
  661         1.One hundred and eighty hours of training, as established
  662  by the board, which shall focus primarily on sanitation and
  663  safety, to practice specialties as defined in s. 477.013(6)(a)
  664  and (b); specialty pursuant to s. 477.013(6)
  665         2.Two hundred and twenty hours of training, as established
  666  by the board, which shall focus primarily on sanitation and
  667  safety, to practice the specialty as defined in s.
  668  477.013(6)(c); or
  669         3.Four hundred hours of training or the number of hours of
  670  training required to maintain minimum Pell Grant requirements,
  671  as established by the board, which shall focus primarily on
  672  sanitation and safety, to practice the specialties as defined in
  673  s. 477.013(6)(a)-(c).
  674         (c)The certificate of completion specified in paragraph
  675  (b) must be from one of the following:
  676         1. A school licensed pursuant to s. 477.023.
  677         2. A school licensed pursuant to chapter 1005 or the
  678  equivalent licensing authority of another state.
  679         3. A specialty program within the public school system.
  680         4. A specialty division within the Cosmetology Division of
  681  the Florida School for the Deaf and the Blind, provided the
  682  training programs comply with minimum curriculum requirements
  683  established by the board.
  684         Section 34. Paragraph (f) of subsection (1) of section
  685  477.026, Florida Statutes, is amended to read:
  686         477.026 Fees; disposition.—
  687         (1) The board shall set fees according to the following
  688  schedule:
  689         (f)For hair braiders, hair wrappers, and body wrappers,
  690  fees for registration shall not exceed $25.
  691         Section 35. Subsection (4) of section 477.0263, Florida
  692  Statutes, is amended, and subsection (5) is added to that
  693  section, to read:
  694         477.0263 Cosmetology services to be performed in licensed
  695  salon; exceptions.—
  696         (4) Pursuant to rules adopted by the board, any cosmetology
  697  or specialty service may be performed in a location other than a
  698  licensed salon when the service is performed in connection with
  699  a special event and is performed by a person who is employed by
  700  a licensed salon and who holds the proper license or specialty
  701  registration. An appointment for the performance of any such
  702  service in a location other than a licensed salon must be made
  703  through a licensed salon.
  704         (5)Hair shampooing, hair cutting, hair arranging, nail
  705  polish removal, nail filing, nail buffing, and nail cleansing
  706  may be performed in a location other than a licensed salon when
  707  the service is performed by a person who holds the proper
  708  license.
  709         Section 36. Paragraph (f) of subsection (1) of section
  710  477.0265, Florida Statutes, is amended to read:
  711         477.0265 Prohibited acts.—
  712         (1) It is unlawful for any person to:
  713         (f) Advertise or imply that skin care services or body
  714  wrapping, as performed under this chapter, have any relationship
  715  to the practice of massage therapy as defined in s. 480.033(3),
  716  except those practices or activities defined in s. 477.013.
  717         Section 37. Paragraph (a) of subsection (1) of section
  718  477.029, Florida Statutes, is amended to read:
  719         477.029 Penalty.—
  720         (1) It is unlawful for any person to:
  721         (a) Hold himself or herself out as a cosmetologist or,
  722  specialist, hair wrapper, hair braider, or body wrapper unless
  723  duly licensed or registered, or otherwise authorized, as
  724  provided in this chapter.
  725         Section 38. Section 481.201, Florida Statutes, is amended
  726  to read:
  727         481.201 Purpose.—The primary legislative purpose for
  728  enacting this part is to ensure that every architect practicing
  729  in this state meets minimum requirements for safe practice. It
  730  is the legislative intent that architects who fall below minimum
  731  competency or who otherwise present a danger to the public shall
  732  be prohibited from practicing in this state. The Legislature
  733  further finds that it is in the interest of the public to limit
  734  the practice of interior design to interior designers or
  735  architects who have the design education and training required
  736  by this part or to persons who are exempted from the provisions
  737  of this part.
  738         Section 39. Section 481.203, Florida Statutes, is amended
  739  to read:
  740         481.203 Definitions.—As used in this part, the term:
  741         (3)(1) “Board” means the Board of Architecture and Interior
  742  Design.
  743         (7)(2) “Department” means the Department of Business and
  744  Professional Regulation.
  745         (1)(3) “Architect” or “registered architect” means a
  746  natural person who is licensed under this part to engage in the
  747  practice of architecture.
  748         (5)(4) “Certificate of registration” means a license or
  749  registration issued by the department to a natural person to
  750  engage in the practice of architecture or interior design.
  751         (4)(5)“Business organization” means a partnership, a
  752  limited liability company, a corporation, or an individual
  753  operating under a fictitious name “Certificate of authorization”
  754  means a certificate issued by the department to a corporation or
  755  partnership to practice architecture or interior design.
  756         (2)(6) “Architecture” means the rendering or offering to
  757  render services in connection with the design and construction
  758  of a structure or group of structures which have as their
  759  principal purpose human habitation or use, and the utilization
  760  of space within and surrounding such structures. These services
  761  include planning, providing preliminary study designs, drawings
  762  and specifications, job-site inspection, and administration of
  763  construction contracts.
  764         (16)(7) “Townhouse” is a single-family dwelling unit not
  765  exceeding three stories in height which is constructed in a
  766  series or group of attached units with property lines separating
  767  such units. Each townhouse shall be considered a separate
  768  building and shall be separated from adjoining townhouses by the
  769  use of separate exterior walls meeting the requirements for zero
  770  clearance from property lines as required by the type of
  771  construction and fire protection requirements; or shall be
  772  separated by a party wall; or may be separated by a single wall
  773  meeting the following requirements:
  774         (a) Such wall shall provide not less than 2 hours of fire
  775  resistance. Plumbing, piping, ducts, or electrical or other
  776  building services shall not be installed within or through the
  777  2-hour wall unless such materials and methods of penetration
  778  have been tested in accordance with the Standard Building Code.
  779         (b) Such wall shall extend from the foundation to the
  780  underside of the roof sheathing, and the underside of the roof
  781  shall have at least 1 hour of fire resistance for a width not
  782  less than 4 feet on each side of the wall.
  783         (c) Each dwelling unit sharing such wall shall be designed
  784  and constructed to maintain its structural integrity independent
  785  of the unit on the opposite side of the wall.
  786         (10)(8) “Interior design” means designs, consultations,
  787  studies, drawings, specifications, and administration of design
  788  construction contracts relating to nonstructural interior
  789  elements of a building or structure. “Interior design” includes,
  790  but is not limited to, reflected ceiling plans, space planning,
  791  furnishings, and the fabrication of nonstructural elements
  792  within and surrounding interior spaces of buildings. “Interior
  793  design” specifically excludes the design of or the
  794  responsibility for architectural and engineering work, except
  795  for specification of fixtures and their location within interior
  796  spaces. As used in this subsection, “architectural and
  797  engineering interior construction relating to the building
  798  systems” includes, but is not limited to, construction of
  799  structural, mechanical, plumbing, heating, air-conditioning,
  800  ventilating, electrical, or vertical transportation systems, or
  801  construction which materially affects lifesafety systems
  802  pertaining to firesafety protection such as fire-rated
  803  separations between interior spaces, fire-rated vertical shafts
  804  in multistory structures, fire-rated protection of structural
  805  elements, smoke evacuation and compartmentalization, emergency
  806  ingress or egress systems, and emergency alarm systems.
  807         (11)(9) “Registered interior designer” or “interior
  808  designer” means a natural person who holds a valid certificate
  809  of registration to practice interior design is licensed under
  810  this part.
  811         (12)(10) “Nonstructural element” means an element which
  812  does not require structural bracing and which is something other
  813  than a load-bearing wall, load-bearing column, or other load
  814  bearing element of a building or structure which is essential to
  815  the structural integrity of the building.
  816         (13)(11) “Reflected ceiling plan” means a ceiling design
  817  plan which is laid out as if it were projected downward and
  818  which may include lighting and other elements.
  819         (15)(12) “Space planning” means the analysis, programming,
  820  or design of spatial requirements, including preliminary space
  821  layouts and final planning.
  822         (6)(13) “Common area” means an area that is held out for
  823  use by all tenants or owners in a multiple-unit dwelling,
  824  including, but not limited to, a lobby, elevator, hallway,
  825  laundry room, clubhouse, or swimming pool.
  826         (8)(14) “Diversified interior design experience” means
  827  experience which substantially encompasses the various elements
  828  of interior design services set forth under the definition of
  829  “interior design” in subsection (10)(8).
  830         (9)(15) “Interior decorator services” includes the
  831  selection or assistance in selection of surface materials,
  832  window treatments, wallcoverings, paint, floor coverings,
  833  surface-mounted lighting, surface-mounted fixtures, and loose
  834  furnishings not subject to regulation under applicable building
  835  codes.
  836         (14)(16) “Responsible supervising control” means the
  837  exercise of direct personal supervision and control throughout
  838  the preparation of documents, instruments of service, or any
  839  other work requiring the seal and signature of a licensee under
  840  this part.
  841         Section 40. Paragraph (a) of subsection (3) of section
  842  481.205, Florida Statutes, is amended to read:
  843         481.205 Board of Architecture and Interior Design.—
  844         (3)(a) Notwithstanding the provisions of ss. 455.225,
  845  455.228, and 455.32, the duties and authority of the department
  846  to receive complaints and investigate and discipline persons
  847  licensed or registered under this part, including the ability to
  848  determine legal sufficiency and probable cause; to initiate
  849  proceedings and issue final orders for summary suspension or
  850  restriction of a license or certificate of registration pursuant
  851  to s. 120.60(6); to issue notices of noncompliance, notices to
  852  cease and desist, subpoenas, and citations; to retain legal
  853  counsel, investigators, or prosecutorial staff in connection
  854  with the licensed practice of architecture or registered and
  855  interior design; and to investigate and deter the unlicensed
  856  practice of architecture and interior design as provided in s.
  857  455.228 are delegated to the board. All complaints and any
  858  information obtained pursuant to an investigation authorized by
  859  the board are confidential and exempt from s. 119.07(1) as
  860  provided in s. 455.225(2) and (10).
  861         Section 41. Section 481.207, Florida Statutes, is amended
  862  to read:
  863         481.207 Fees.—
  864         (1) The board, by rule, may establish separate fees for
  865  architects and interior designers, to be paid for applications,
  866  examination, reexamination, licensing and renewal, delinquency,
  867  reinstatement, and recordmaking and recordkeeping. The
  868  examination fee shall be in an amount that covers the cost of
  869  obtaining and administering the examination and shall be
  870  refunded if the applicant is found ineligible to sit for the
  871  examination. The application fee is nonrefundable. The fee for
  872  initial application and examination for architects and interior
  873  designers may not exceed $775 plus the actual per applicant cost
  874  to the department for purchase of the examination from the
  875  National Council of Architectural Registration Boards or the
  876  National Council of Interior Design Qualifications,
  877  respectively, or similar national organizations. The biennial
  878  renewal fee for architects may not exceed $200. The biennial
  879  renewal fee for interior designers may not exceed $500. The
  880  delinquency fee may not exceed the biennial renewal fee
  881  established by the board for an active license. The board shall
  882  establish fees that are adequate to ensure the continued
  883  operation of the board and to fund the proportionate expenses
  884  incurred by the department which are allocated to the regulation
  885  of architects and registered interior designers. Fees shall be
  886  based on department estimates of the revenue required to
  887  implement this part and the provisions of law with respect to
  888  the regulation of architects and interior designers.
  889         (2)The board may establish a fee for certificates of
  890  registration for interior designers. Such fee, if established,
  891  is not refundable and may not exceed $75. A certificate of
  892  registration is valid for 2 years and a registered interior
  893  designer may renew the registration. The biennial renewal fee
  894  may not exceed $75.
  895         Section 42. Section 481.209, Florida Statutes, is amended
  896  to read:
  897         481.209 Examinations.—
  898         (1) A person desiring to be licensed as a registered
  899  architect by initial examination shall apply to the department,
  900  complete the application form, and remit a nonrefundable
  901  application fee. The department shall license any applicant who
  902  the board certifies:
  903         (a) has passed the licensure examination prescribed by
  904  board rule; and
  905         (b) is a graduate of a school or college of architecture
  906  with a program accredited by the National Architectural
  907  Accreditation Board.
  908         (2) A person seeking to obtain a certificate of
  909  registration as a registered interior designer and a seal
  910  pursuant to s. 481.221 must provide the department with his or
  911  her name and address and written proof that he or she has
  912  successfully passed the qualification examination prescribed by
  913  the Council for Interior Design Qualification or its successor
  914  entity or the California Council for Interior Design
  915  Certification or its successor entity, or has successfully
  916  passed an equivalent exam as determined by the department A
  917  person desiring to be licensed as a registered interior designer
  918  shall apply to the department for licensure. The department
  919  shall administer the licensure examination for interior
  920  designers to each applicant who has completed the application
  921  form and remitted the application and examination fees specified
  922  in s. 481.207 and who the board certifies:
  923         (a)Is a graduate from an interior design program of 5
  924  years or more and has completed 1 year of diversified interior
  925  design experience;
  926         (b)Is a graduate from an interior design program of 4
  927  years or more and has completed 2 years of diversified interior
  928  design experience;
  929         (c)Has completed at least 3 years in an interior design
  930  curriculum and has completed 3 years of diversified interior
  931  design experience; or
  932         (d)Is a graduate from an interior design program of at
  933  least 2 years and has completed 4 years of diversified interior
  934  design experience.
  935  
  936  Subsequent to October 1, 2000, for the purpose of having the
  937  educational qualification required under this subsection
  938  accepted by the board, the applicant must complete his or her
  939  education at a program, school, or college of interior design
  940  whose curriculum has been approved by the board as of the time
  941  of completion. Subsequent to October 1, 2003, all of the
  942  required amount of educational credits shall have been obtained
  943  in a program, school, or college of interior design whose
  944  curriculum has been approved by the board, as of the time each
  945  educational credit is gained. The board shall adopt rules
  946  providing for the review and approval of programs, schools, and
  947  colleges of interior design and courses of interior design study
  948  based on a review and inspection by the board of the curriculum
  949  of programs, schools, and colleges of interior design in the
  950  United States, including those programs, schools, and colleges
  951  accredited by the Foundation for Interior Design Education
  952  Research. The board shall adopt rules providing for the review
  953  and approval of diversified interior design experience required
  954  by this subsection.
  955         Section 43. Section 481.213, Florida Statutes, is amended
  956  to read:
  957         481.213 Licensure and registration.—
  958         (1) The department shall license or register any applicant
  959  who the board certifies is qualified for licensure or
  960  registration and who has paid the initial licensure or
  961  registration fee. Licensure as an architect under this section
  962  shall be deemed to include all the rights and privileges of
  963  registration licensure as an interior designer under this
  964  section.
  965         (2) The board shall certify for licensure or registration
  966  by examination any applicant who passes the prescribed licensure
  967  or registration examination and satisfies the requirements of
  968  ss. 481.209 and 481.211, for architects, or the requirements of
  969  s. 481.209, for interior designers.
  970         (3) The board shall certify as qualified for a license by
  971  endorsement as an architect or registration as a registered an
  972  interior designer an applicant who:
  973         (a) Qualifies to take the prescribed licensure or
  974  registration examination, and has passed the prescribed
  975  licensure registration examination or a substantially equivalent
  976  examination in another jurisdiction, as set forth in s. 481.209
  977  for architects or registered interior designers, as applicable,
  978  and has satisfied the internship requirements set forth in s.
  979  481.211 for architects;
  980         (b) Holds a valid license to practice architecture or a
  981  license, registration, or certification to practice interior
  982  design issued by another jurisdiction of the United States, if
  983  the criteria for issuance of such license were substantially
  984  equivalent to the licensure criteria that existed in this state
  985  at the time the license was issued; provided, however, that an
  986  applicant who has been licensed for use of the title “interior
  987  design” rather than licensed to practice interior design shall
  988  not qualify hereunder; or
  989         (c) Has passed the prescribed licensure examination and
  990  holds a valid certificate issued by the National Council of
  991  Architectural Registration Boards, and holds a valid license to
  992  practice architecture issued by another state or jurisdiction of
  993  the United States.
  994  
  995  An architect who is licensed in another state who seeks
  996  qualification for license by endorsement under this subsection
  997  must complete a class approved by the board on the Florida
  998  Building Code.
  999         (4) The board may refuse to certify any applicant who has
 1000  violated any of the provisions of s. 481.223, s. 481.225, or s.
 1001  481.2251, as applicable.
 1002         (5) The board may refuse to certify any applicant who is
 1003  under investigation in any jurisdiction for any act which would
 1004  constitute a violation of this part or of chapter 455 until such
 1005  time as the investigation is complete and disciplinary
 1006  proceedings have been terminated.
 1007         (6) The board shall adopt rules to implement the provisions
 1008  of this part relating to the examination, internship, and
 1009  licensure of applicants.
 1010         (7) For persons whose licensure requires satisfaction of
 1011  the requirements of ss. 481.209 and 481.211, the board shall, by
 1012  rule, establish qualifications for certification of such persons
 1013  as special inspectors of threshold buildings, as defined in ss.
 1014  553.71 and 553.79, and shall compile a list of persons who are
 1015  certified. A special inspector is not required to meet standards
 1016  for certification other than those established by the board, and
 1017  the fee owner of a threshold building may not be prohibited from
 1018  selecting any person certified by the board to be a special
 1019  inspector. The board shall develop minimum qualifications for
 1020  the qualified representative of the special inspector who is
 1021  authorized under s. 553.79 to perform inspections of threshold
 1022  buildings on behalf of the special inspector.
 1023         (8)A certificate of registration is not required for a
 1024  person whose occupation or practice is confined to interior
 1025  decorator services or for a person whose occupation or practice
 1026  is confined to interior design except as required in this part.
 1027         Section 44. Subsection (1) of section 481.2131, Florida
 1028  Statutes, is amended to read:
 1029         481.2131 Interior design; practice requirements; disclosure
 1030  of compensation for professional services.—
 1031         (1) A registered interior designer is authorized to perform
 1032  “interior design” as defined in s. 481.203. Interior design
 1033  documents prepared by a registered interior designer shall
 1034  contain a statement that the document is not an architectural or
 1035  engineering study, drawing, specification, or design and is not
 1036  to be used for construction of any load-bearing columns, load
 1037  bearing framing or walls of structures, or issuance of any
 1038  building permit, except as otherwise provided by law. Interior
 1039  design documents that are prepared and sealed by a registered
 1040  interior designer must may, if required by a permitting body, be
 1041  accepted by the permitting body be submitted for the issuance of
 1042  a building permit for interior construction excluding design of
 1043  any structural, mechanical, plumbing, heating, air-conditioning,
 1044  ventilating, electrical, or vertical transportation systems or
 1045  that materially affect lifesafety systems pertaining to
 1046  firesafety protection such as fire-rated separations between
 1047  interior spaces, fire-rated vertical shafts in multistory
 1048  structures, fire-rated protection of structural elements, smoke
 1049  evacuation and compartmentalization, emergency ingress or egress
 1050  systems, and emergency alarm systems. Interior design documents
 1051  submitted for the issuance of a building permit by an individual
 1052  performing interior design services who is not a licensed
 1053  architect must include a seal issued by the department and in
 1054  conformance with the requirements of s. 481.221.
 1055         Section 45. Section 481.215, Florida Statutes, is amended
 1056  to read:
 1057         481.215 Renewal of license or certificate of registration.—
 1058         (1) Subject to the requirement of subsection (3), the
 1059  department shall renew a license or certificate of registration
 1060  upon receipt of the renewal application and renewal fee.
 1061         (2) The department shall adopt rules establishing a
 1062  procedure for the biennial renewal of licenses and certificate
 1063  of registrations.
 1064         (3) A No license or certificate of registration renewal may
 1065  not shall be issued to an architect or a registered an interior
 1066  designer by the department until the licensee or registrant
 1067  submits proof satisfactory to the department that, during the 2
 1068  years before prior to application for renewal, the licensee or
 1069  registrant participated per biennium in not less than 20 hours
 1070  of at least 50 minutes each per biennium of continuing education
 1071  approved by the board. The board shall approve only continuing
 1072  education that builds upon the basic knowledge of architecture
 1073  or interior design. The board may make exception from the
 1074  requirements of continuing education in emergency or hardship
 1075  cases.
 1076         (4) The board shall by rule establish criteria for the
 1077  approval of continuing education courses and providers and shall
 1078  by rule establish criteria for accepting alternative
 1079  nonclassroom continuing education on an hour-for-hour basis.
 1080         (5)The board shall require, by rule adopted pursuant to
 1081  ss. 120.536(1) and 120.54, a specified number of hours in
 1082  specialized or advanced courses, approved by the Florida
 1083  Building Commission, on any portion of the Florida Building
 1084  Code, adopted pursuant to part IV of chapter 553, relating to
 1085  the licensee’s respective area of practice.
 1086         Section 46. Section 481.217, Florida Statutes, is amended
 1087  to read:
 1088         481.217 Inactive status.—
 1089         (1) The board may prescribe by rule continuing education
 1090  requirements as a condition of reactivating a license. The rules
 1091  may not require more than one renewal cycle of continuing
 1092  education to reactivate a license or registration for a
 1093  registered architect or registered interior designer. For
 1094  interior design, the board may approve only continuing education
 1095  that builds upon the basic knowledge of interior design.
 1096         (2) The board shall adopt rules relating to application
 1097  procedures for inactive status and for the reactivation of
 1098  inactive licenses and registrations.
 1099         Section 47. Section 481.219, Florida Statutes, is amended
 1100  to read:
 1101         481.219 Qualification of business organizations
 1102  certification of partnerships, limited liability companies, and
 1103  corporations.—
 1104         (1) A licensee may The practice of or the offer to practice
 1105  architecture or interior design by licensees through a qualified
 1106  business organization that offers corporation, limited liability
 1107  company, or partnership offering architectural or interior
 1108  design services to the public, or by a corporation, limited
 1109  liability company, or partnership offering architectural or
 1110  interior design services to the public through licensees under
 1111  this part as agents, employees, officers, or partners, is
 1112  permitted, subject to the provisions of this section.
 1113         (2) If a licensee or an applicant proposes to engage in the
 1114  practice of architecture as a business organization, the
 1115  licensee or applicant shall qualify the business organization
 1116  upon approval of the board For the purposes of this section, a
 1117  certificate of authorization shall be required for a
 1118  corporation, limited liability company, partnership, or person
 1119  practicing under a fictitious name, offering architectural
 1120  services to the public jointly or separately. However, when an
 1121  individual is practicing architecture in her or his own name,
 1122  she or he shall not be required to be certified under this
 1123  section. Certification under this subsection to offer
 1124  architectural services shall include all the rights and
 1125  privileges of certification under subsection (3) to offer
 1126  interior design services.
 1127         (3)(a)A business organization may not engage in the
 1128  practice of architecture unless its qualifying agent is a
 1129  registered architect under this part. A qualifying agent who
 1130  terminates an affiliation with a qualified business organization
 1131  shall immediately notify the department of such termination. If
 1132  such qualifying agent is the only qualifying agent for that
 1133  business organization, the business organization must be
 1134  qualified by another qualifying agent within 60 days after the
 1135  termination. Except as provided in paragraph (b), the business
 1136  organization may not engage in the practice of architecture
 1137  until it is qualified by another qualifying agent.
 1138         (b)In the event a qualifying agent ceases employment with
 1139  a qualified business organization, the executive director or the
 1140  chair of the board may authorize another registered architect
 1141  employed by the business organization to temporarily serve as
 1142  its qualifying agent for a period of no more than 60 days. The
 1143  business organization is not authorized to operate beyond such
 1144  period under this chapter absent replacement of the qualifying
 1145  agent who has ceased employment.
 1146         (c)A qualifying agent shall notify the department in
 1147  writing before engaging in the practice of architecture in her
 1148  or his own name or in affiliation with a different business
 1149  organization, and she or he or such business organization shall
 1150  supply the same information to the department as required of
 1151  applicants under this part.
 1152         (3)For the purposes of this section, a certificate of
 1153  authorization shall be required for a corporation, limited
 1154  liability company, partnership, or person operating under a
 1155  fictitious name, offering interior design services to the public
 1156  jointly or separately. However, when an individual is practicing
 1157  interior design in her or his own name, she or he shall not be
 1158  required to be certified under this section.
 1159         (4) All final construction documents and instruments of
 1160  service which include drawings, specifications, plans, reports,
 1161  or other papers or documents that involve involving the practice
 1162  of architecture which are prepared or approved for the use of
 1163  the business organization corporation, limited liability
 1164  company, or partnership and filed for public record within the
 1165  state must shall bear the signature and seal of the licensee who
 1166  prepared or approved them and the date on which they were
 1167  sealed.
 1168         (5) All drawings, specifications, plans, reports, or other
 1169  papers or documents prepared or approved for the use of the
 1170  corporation, limited liability company, or partnership by an
 1171  interior designer in her or his professional capacity and filed
 1172  for public record within the state shall bear the signature and
 1173  seal of the licensee who prepared or approved them and the date
 1174  on which they were sealed.
 1175         (6)The department shall issue a certificate of
 1176  authorization to any applicant who the board certifies as
 1177  qualified for a certificate of authorization and who has paid
 1178  the fee set in s. 481.207.
 1179         (7) The board shall allow a licensee or certify an
 1180  applicant to qualify one or more business organizations as
 1181  qualified for a certificate of authorization to offer
 1182  architectural or interior design services, or to use a
 1183  fictitious name to offer such services, if provided that:
 1184         (a) one or more of the principal officers of the
 1185  corporation or limited liability company, or one or more
 1186  partners of the partnership, and all personnel of the
 1187  corporation, limited liability company, or partnership who act
 1188  in its behalf in this state as architects, are registered as
 1189  provided by this part; or
 1190         (b)One or more of the principal officers of the
 1191  corporation or one or more partners of the partnership, and all
 1192  personnel of the corporation, limited liability company, or
 1193  partnership who act in its behalf in this state as interior
 1194  designers, are registered as provided by this part.
 1195         (8)The department shall adopt rules establishing a
 1196  procedure for the biennial renewal of certificates of
 1197  authorization.
 1198         (9)The department shall renew a certificate of
 1199  authorization upon receipt of the renewal application and
 1200  biennial renewal fee.
 1201         (6)(10) Each qualifying agent who qualifies a business
 1202  organization, partnership, limited liability company, or and
 1203  corporation certified under this section shall notify the
 1204  department within 30 days after of any change in the information
 1205  contained in the application upon which the qualification
 1206  certification is based. Any registered architect or interior
 1207  designer who qualifies the business organization shall ensure
 1208  corporation, limited liability company, or partnership as
 1209  provided in subsection (7) shall be responsible for ensuring
 1210  responsible supervising control of projects of the business
 1211  organization entity and shall notify the department of the upon
 1212  termination of her or his employment with a business
 1213  organization qualified partnership, limited liability company,
 1214  or corporation certified under this section shall notify the
 1215  department of the termination within 30 days after such
 1216  termination.
 1217         (7)(11)A business organization is not No corporation,
 1218  limited liability company, or partnership shall be relieved of
 1219  responsibility for the conduct or acts of its agents, employees,
 1220  or officers by reason of its compliance with this section.
 1221  However, except as provided in s. 558.0035, the architect who
 1222  signs and seals the construction documents and instruments of
 1223  service is shall be liable for the professional services
 1224  performed, and the interior designer who signs and seals the
 1225  interior design drawings, plans, or specifications shall be
 1226  liable for the professional services performed.
 1227         (12)Disciplinary action against a corporation, limited
 1228  liability company, or partnership shall be administered in the
 1229  same manner and on the same grounds as disciplinary action
 1230  against a registered architect or interior designer,
 1231  respectively.
 1232         (8)(13)Nothing in This section may not shall be construed
 1233  to mean that a certificate of registration to practice
 1234  architecture must or interior design shall be held by a business
 1235  organization corporation, limited liability company, or
 1236  partnership. Nothing in This section does not prohibit a
 1237  business organization from offering prohibits corporations,
 1238  limited liability companies, and partnerships from joining
 1239  together to offer architectural, engineering, interior design,
 1240  surveying and mapping, and landscape architectural services, or
 1241  any combination of such services, to the public if the business
 1242  organization, provided that each corporation, limited liability
 1243  company, or partnership otherwise meets the requirements of law.
 1244         (14)Corporations, limited liability companies, or
 1245  partnerships holding a valid certificate of authorization to
 1246  practice architecture shall be permitted to use in their title
 1247  the term “interior designer” or “registered interior designer.”
 1248         Section 48. Subsections (1), (3), (5), (7), (10), (11), and
 1249  (12) of section 481.221, Florida Statutes, are amended to read:
 1250         481.221 Seals; display of certificate number.—
 1251         (1) The department board shall prescribe, by rule, one or
 1252  more forms of seals to be used by registered architects holding
 1253  valid certificates of registration.
 1254         (3) The department board shall adopt a rule prescribing the
 1255  distinctly different seals to be used by registered interior
 1256  designers holding valid certificates of registration. Each
 1257  registered interior designer shall obtain a seal as prescribed
 1258  by the department board, and all drawings, plans,
 1259  specifications, or reports prepared or issued by the registered
 1260  interior designer and being filed for public record shall bear
 1261  the signature and seal of the registered interior designer who
 1262  prepared or approved the document and the date on which they
 1263  were sealed. The signature, date, and seal shall be evidence of
 1264  the authenticity of that to which they are affixed. Final plans,
 1265  specifications, or reports prepared or issued by a registered
 1266  interior designer may be transmitted electronically and may be
 1267  signed by the registered interior designer, dated, and sealed
 1268  electronically with the seal in accordance with ss. 668.001
 1269  668.006.
 1270         (5) No registered interior designer shall affix, or permit
 1271  to be affixed, her or his seal or signature to any plan,
 1272  specification, drawing, or other document which depicts work
 1273  which she or he is not competent or registered licensed to
 1274  perform.
 1275         (7) No registered interior designer shall affix her or his
 1276  signature or seal to any plans, specifications, or other
 1277  documents which were not prepared by her or him or under her or
 1278  his responsible supervising control or by another registered
 1279  interior designer and reviewed, approved, or modified and
 1280  adopted by her or him as her or his own work according to rules
 1281  adopted by the department board.
 1282         (10) Each registered architect must or interior designer,
 1283  and each corporation, limited liability company, or partnership
 1284  holding a certificate of authorization, shall include her or his
 1285  license its certificate number in any newspaper, telephone
 1286  directory, or other advertising medium used by the registered
 1287  licensee. Each business organization must include the license
 1288  number of the registered architect who serves as the qualifying
 1289  agent for that business organization in any newspaper, telephone
 1290  directory, or other advertising medium used by the business
 1291  organization architect, interior designer, corporation, limited
 1292  liability company, or partnership. A corporation, limited
 1293  liability company, or partnership is not required to display the
 1294  certificate number of individual registered architects or
 1295  interior designers employed by or working within the
 1296  corporation, limited liability company, or partnership.
 1297         (11) When the certificate of registration of a registered
 1298  architect or interior designer has been revoked or suspended by
 1299  the board, the registered architect or interior designer shall
 1300  surrender her or his seal to the secretary of the board within a
 1301  period of 30 days after the revocation or suspension has become
 1302  effective. If the certificate of the registered architect or
 1303  interior designer has been suspended for a period of time, her
 1304  or his seal shall be returned to her or him upon expiration of
 1305  the suspension period.
 1306         (12) A person may not sign and seal by any means any final
 1307  plan, specification, or report after her or his certificate of
 1308  registration has expired or is suspended or revoked. A
 1309  registered architect or interior designer whose certificate of
 1310  registration is suspended or revoked shall, within 30 days after
 1311  the effective date of the suspension or revocation, surrender
 1312  her or his seal to the executive director of the board and
 1313  confirm in writing to the executive director the cancellation of
 1314  the registered architect’s or interior designer’s electronic
 1315  signature in accordance with ss. 668.001-668.006. When a
 1316  registered architect’s or interior designer’s certificate of
 1317  registration is suspended for a period of time, her or his seal
 1318  shall be returned upon expiration of the period of suspension.
 1319         Section 49. Section 481.223, Florida Statutes, is amended
 1320  to read:
 1321         481.223 Prohibitions; penalties; injunctive relief.—
 1322         (1) A person may not knowingly:
 1323         (a) Practice architecture unless the person is an architect
 1324  or a registered architect; however, a licensed architect who has
 1325  been licensed by the board and who chooses to relinquish or not
 1326  to renew his or her license may use the title “Architect,
 1327  Retired” but may not otherwise render any architectural
 1328  services.
 1329         (b)Practice interior design unless the person is a
 1330  registered interior designer unless otherwise exempted herein;
 1331  however, an interior designer who has been licensed by the board
 1332  and who chooses to relinquish or not to renew his or her license
 1333  may use the title “Interior Designer, Retired” but may not
 1334  otherwise render any interior design services.
 1335         (b)(c) Use the name or title “architect,or “registered
 1336  architect,” or “interior designer” or “registered interior
 1337  designer,or words to that effect, when the person is not then
 1338  the holder of a valid license or certificate of registration
 1339  issued pursuant to this part. This paragraph does not restrict
 1340  the use of the name or title “interior designer” or “interior
 1341  design firm.”
 1342         (c)(d) Present as his or her own the license of another.
 1343         (d)(e) Give false or forged evidence to the board or a
 1344  member thereof.
 1345         (e)(f) Use or attempt to use an architect or interior
 1346  designer license or interior design certificate of registration
 1347  that has been suspended, revoked, or placed on inactive or
 1348  delinquent status.
 1349         (f)(g) Employ unlicensed persons to practice architecture
 1350  or interior design.
 1351         (g)(h) Conceal information relative to violations of this
 1352  part.
 1353         (2) Any person who violates any provision of subsection (1)
 1354  commits a misdemeanor of the first degree, punishable as
 1355  provided in s. 775.082 or s. 775.083.
 1356         (3)(a) Notwithstanding chapter 455 or any other law to the
 1357  contrary, an affected person may maintain an action for
 1358  injunctive relief to restrain or prevent a person from violating
 1359  paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The
 1360  prevailing party is entitled to actual costs and attorney’s
 1361  fees.
 1362         (b) For purposes of this subsection, the term “affected
 1363  person” means a person directly affected by the actions of a
 1364  person suspected of violating paragraph (1)(a) or, paragraph
 1365  (1)(b), or paragraph (1)(c) and includes, but is not limited to,
 1366  the department, any person who received services from the
 1367  alleged violator, or any private association composed primarily
 1368  of members of the profession the alleged violator is practicing
 1369  or offering to practice or holding himself or herself out as
 1370  qualified to practice.
 1371         Section 50. Section 481.2251, Florida Statutes, is amended
 1372  to read:
 1373         481.2251 Disciplinary proceedings against registered
 1374  interior designers.—
 1375         (1) The following acts constitute grounds for which the
 1376  disciplinary actions specified in subsection (2) may be taken:
 1377         (a) Attempting to register obtain, obtaining, or renewing
 1378  registration, by bribery, by fraudulent misrepresentation, or
 1379  through an error of the board, a license to practice interior
 1380  design;
 1381         (b) Having an interior design license, certification, or
 1382  registration a license to practice interior design revoked,
 1383  suspended, or otherwise acted against, including the denial of
 1384  licensure, registration, or certification by the licensing
 1385  authority of another jurisdiction for any act which would
 1386  constitute a violation of this part or of chapter 455;
 1387         (c) Being convicted or found guilty, regardless of
 1388  adjudication, of a crime in any jurisdiction which directly
 1389  relates to the provision of interior design services or to the
 1390  ability to provide interior design services. A plea of nolo
 1391  contendere shall create a rebuttable presumption of guilt to the
 1392  underlying criminal charges. However, the board shall allow the
 1393  person being disciplined to present any evidence relevant to the
 1394  underlying charges and the circumstances surrounding her or his
 1395  plea;
 1396         (d) False, deceptive, or misleading advertising;
 1397         (e) Failing to report to the board any person who the
 1398  licensee knows is in violation of this part or the rules of the
 1399  board;
 1400         (f) Aiding, assisting, procuring, or advising any
 1401  unlicensed person to use the title “interior designer” contrary
 1402  to this part or to a rule of the board;
 1403         (g) Failing to perform any statutory or legal obligation
 1404  placed upon a registered interior designer;
 1405         (h) Making or filing a report which the registrant licensee
 1406  knows to be false, intentionally or negligently failing to file
 1407  a report or record required by state or federal law, or
 1408  willfully impeding or obstructing such filing or inducing
 1409  another person to do so. Such reports or records shall include
 1410  only those which are signed in the capacity as a registered
 1411  interior designer;
 1412         (f)(i) Making deceptive, untrue, or fraudulent
 1413  representations in the provision of interior design services;
 1414         (g)(j) Accepting and performing professional
 1415  responsibilities which the registrant licensee knows or has
 1416  reason to know that she or he is not competent or licensed to
 1417  perform;
 1418         (k) Violating any provision of this part, any rule of the
 1419  board, or a lawful order of the board previously entered in a
 1420  disciplinary hearing;
 1421         (l) Conspiring with another licensee or with any other
 1422  person to commit an act, or committing an act, which would tend
 1423  to coerce, intimidate, or preclude another licensee from
 1424  lawfully advertising her or his services;
 1425         (m) Acceptance of compensation or any consideration by an
 1426  interior designer from someone other than the client without
 1427  full disclosure of the compensation or consideration amount or
 1428  value to the client prior to the engagement for services, in
 1429  violation of s. 481.2131(2);
 1430         (h)(n) Rendering or offering to render architectural
 1431  services; or
 1432         (i)(o) Committing an act of fraud or deceit, or of
 1433  negligence, incompetency, or misconduct, in the practice of
 1434  interior design, including, but not limited to, allowing the
 1435  preparation of any interior design studies, plans, or other
 1436  instruments of service in an office that does not have a full
 1437  time Florida-registered interior designer assigned to such
 1438  office or failing to exercise responsible supervisory control
 1439  over services or projects, as required by board rule.
 1440         (2) When the board finds any person guilty of any of the
 1441  grounds set forth in subsection (1), it may enter an order
 1442  taking the following action or imposing one or more of the
 1443  following penalties:
 1444         (a) Refusal to register the applicant approve an
 1445  application for licensure;
 1446         (b) Refusal to renew an existing registration license;
 1447         (c) Removal from the state registry Revocation or
 1448  suspension of a license; or
 1449         (d) Imposition of an administrative fine not to exceed $500
 1450  $1,000 for each violation or separate offense and a fine of up
 1451  to $2,500 $5,000 for matters pertaining to a material violation
 1452  of the Florida Building Code as reported by a local
 1453  jurisdiction; or
 1454         (e) Issuance of a reprimand.
 1455         Section 51. Paragraph (b) of subsection (5), and
 1456  subsections (6), and (8) of section 481.229, Florida Statutes,
 1457  are amended to read:
 1458         481.229 Exceptions; exemptions from licensure.—
 1459         (5)
 1460         (b) Notwithstanding any other provision of this part, all
 1461  persons licensed as architects under this part shall be
 1462  qualified for interior design registration licensure upon
 1463  submission of a completed application for such license and a fee
 1464  not to exceed $30. Such persons shall be exempt from the
 1465  requirements of s. 481.209(2). For architects licensed as
 1466  interior designers, satisfaction of the requirements for renewal
 1467  of licensure as an architect under s. 481.215 shall be deemed to
 1468  satisfy the requirements for renewal of registration licensure
 1469  as an interior designer under that section. Complaint
 1470  processing, investigation, or other discipline-related legal
 1471  costs related to persons licensed as interior designers under
 1472  this paragraph shall be assessed against the architects’ account
 1473  of the Regulatory Trust Fund.
 1474         (6) This part shall not apply to:
 1475         (a)A person who performs interior design services or
 1476  interior decorator services for any residential application,
 1477  provided that such person does not advertise as, or represent
 1478  himself or herself as, an interior designer. For purposes of
 1479  this paragraph, “residential applications” includes all types of
 1480  residences, including, but not limited to, residence buildings,
 1481  single-family homes, multifamily homes, townhouses, apartments,
 1482  condominiums, and domestic outbuildings appurtenant to one
 1483  family or two-family residences. However, “residential
 1484  applications” does not include common areas associated with
 1485  instances of multiple-unit dwelling applications.
 1486         (b) an employee of a retail establishment providing
 1487  “interior decorator services” on the premises of the retail
 1488  establishment or in the furtherance of a retail sale or
 1489  prospective retail sale, provided that such employee does not
 1490  advertise as, or represent himself or herself as, an interior
 1491  designer.
 1492         (8) A manufacturer of commercial food service equipment or
 1493  the manufacturer’s representative, distributor, or dealer or an
 1494  employee thereof, who prepares designs, specifications, or
 1495  layouts for the sale or installation of such equipment is exempt
 1496  from licensure as an architect or interior designer, if:
 1497         (a) The designs, specifications, or layouts are not used
 1498  for construction or installation that may affect structural,
 1499  mechanical, plumbing, heating, air conditioning, ventilating,
 1500  electrical, or vertical transportation systems.
 1501         (b) The designs, specifications, or layouts do not
 1502  materially affect lifesafety systems pertaining to firesafety
 1503  protection, smoke evacuation and compartmentalization, and
 1504  emergency ingress or egress systems.
 1505         (c) Each design, specification, or layout document prepared
 1506  by a person or entity exempt under this subsection contains a
 1507  statement on each page of the document that the designs,
 1508  specifications, or layouts are not architectural, interior
 1509  design, or engineering designs, specifications, or layouts and
 1510  not used for construction unless reviewed and approved by a
 1511  licensed architect or engineer.
 1512         Section 52. Subsection (1) of section 481.231, Florida
 1513  Statutes, is amended to read:
 1514         481.231 Effect of part locally.—
 1515         (1) Nothing in This part does not shall be construed to
 1516  repeal, amend, limit, or otherwise affect any specific provision
 1517  of any local building code or zoning law or ordinance that has
 1518  been duly adopted, now or hereafter enacted, which is more
 1519  restrictive, with respect to the services of registered
 1520  architects or registered interior designers, than the provisions
 1521  of this part; provided, however, that a licensed architect shall
 1522  be deemed registered licensed as an interior designer for
 1523  purposes of offering or rendering interior design services to a
 1524  county, municipality, or other local government or political
 1525  subdivision.
 1526         Section 53. Section 481.303, Florida Statutes, is amended
 1527  to read:
 1528         481.303 Definitions.—As used in this chapter, the term:
 1529         (1) “Board” means the Board of Landscape Architecture.
 1530         (3)(2) “Department” means the Department of Business and
 1531  Professional Regulation.
 1532         (6)(3) “Registered landscape architect” means a person who
 1533  holds a license to practice landscape architecture in this state
 1534  under the authority of this act.
 1535         (2)(4) “Certificate of registration” means a license issued
 1536  by the department to a natural person to engage in the practice
 1537  of landscape architecture.
 1538         (5)“Certificate of authorization” means a license issued
 1539  by the department to a corporation or partnership to engage in
 1540  the practice of landscape architecture.
 1541         (4)(6) “Landscape architecture” means professional
 1542  services, including, but not limited to, the following:
 1543         (a) Consultation, investigation, research, planning,
 1544  design, preparation of drawings, specifications, contract
 1545  documents and reports, responsible construction supervision, or
 1546  landscape management in connection with the planning and
 1547  development of land and incidental water areas, including the
 1548  use of Florida-friendly landscaping as defined in s. 373.185,
 1549  where, and to the extent that, the dominant purpose of such
 1550  services or creative works is the preservation, conservation,
 1551  enhancement, or determination of proper land uses, natural land
 1552  features, ground cover and plantings, or naturalistic and
 1553  aesthetic values;
 1554         (b) The determination of settings, grounds, and approaches
 1555  for and the siting of buildings and structures, outdoor areas,
 1556  or other improvements;
 1557         (c) The setting of grades, shaping and contouring of land
 1558  and water forms, determination of drainage, and provision for
 1559  storm drainage and irrigation systems where such systems are
 1560  necessary to the purposes outlined herein; and
 1561         (d) The design of such tangible objects and features as are
 1562  necessary to the purpose outlined herein.
 1563         (5)(7) “Landscape design” means consultation for and
 1564  preparation of planting plans drawn for compensation, including
 1565  specifications and installation details for plant materials,
 1566  soil amendments, mulches, edging, gravel, and other similar
 1567  materials. Such plans may include only recommendations for the
 1568  conceptual placement of tangible objects for landscape design
 1569  projects. Construction documents, details, and specifications
 1570  for tangible objects and irrigation systems shall be designed or
 1571  approved by licensed professionals as required by law.
 1572         Section 54. Section 481.310, Florida Statutes, is amended
 1573  to read:
 1574         481.310 Practical experience requirement.—Beginning October
 1575  1, 1990, every applicant for licensure as a registered landscape
 1576  architect shall demonstrate, prior to licensure, 1 year of
 1577  practical experience in landscape architectural work. An
 1578  applicant who holds a master of landscape architecture degree
 1579  and a bachelor’s degree in a related field is not required to
 1580  demonstrate 1 year of practical experience in landscape
 1581  architectural work to obtain licensure. The board shall adopt
 1582  rules providing standards for the required experience. An
 1583  applicant who qualifies for examination pursuant to s.
 1584  481.309(1)(b)1. may obtain the practical experience after
 1585  completing the required professional degree. Experience used to
 1586  qualify for examination pursuant to s. 481.309(1)(b)2. may not
 1587  be used to satisfy the practical experience requirement under
 1588  this section.
 1589         Section 55. Subsections (3) and (4) of section 481.311,
 1590  Florida Statutes, are amended, to read:
 1591         481.311 Licensure.—
 1592         (3) The board shall certify as qualified for a license by
 1593  endorsement an applicant who:
 1594         (a)Qualifies to take the examination as set forth in s.
 1595  481.309; and has passed a national, regional, state, or
 1596  territorial licensing examination which is substantially
 1597  equivalent to the examination required by s. 481.309; or
 1598         (b) holds a valid license to practice landscape
 1599  architecture issued by another state or territory of the United
 1600  States, if the criteria for issuance of such license were
 1601  substantially identical to the licensure criteria which existed
 1602  in this state at the time the license was issued.
 1603         (4)The board shall certify as qualified for a certificate
 1604  of authorization any applicant corporation or partnership who
 1605  satisfies the requirements of s. 481.319.
 1606         Section 56. Subsection (2) of section 481.317, Florida
 1607  Statutes, is amended to read:
 1608         481.317 Temporary certificates.—
 1609         (2)Upon approval by the board and payment of the fee set
 1610  in s. 481.307, the department shall grant a temporary
 1611  certificate of authorization for work on one specified project
 1612  in this state for a period not to exceed 1 year to an out-of
 1613  state corporation, partnership, or firm, provided one of the
 1614  principal officers of the corporation, one of the partners of
 1615  the partnership, or one of the principals in the fictitiously
 1616  named firm has obtained a temporary certificate of registration
 1617  in accordance with subsection (1).
 1618         Section 57. Section 481.319, Florida Statutes, is amended
 1619  to read:
 1620         481.319 Corporate and partnership practice of landscape
 1621  architecture; certificate of authorization.—
 1622         (1) The practice of or offer to practice landscape
 1623  architecture by registered landscape architects registered under
 1624  this part through a corporation or partnership offering
 1625  landscape architectural services to the public, or through a
 1626  corporation or partnership offering landscape architectural
 1627  services to the public through individual registered landscape
 1628  architects as agents, employees, officers, or partners, is
 1629  permitted, subject to the provisions of this section, if:
 1630         (a) One or more of the principal officers of the
 1631  corporation, or partners of the partnership, and all personnel
 1632  of the corporation or partnership who act in its behalf as
 1633  landscape architects in this state are registered landscape
 1634  architects; and
 1635         (b) One or more of the officers, one or more of the
 1636  directors, one or more of the owners of the corporation, or one
 1637  or more of the partners of the partnership is a registered
 1638  landscape architect; and
 1639         (c)The corporation or partnership has been issued a
 1640  certificate of authorization by the board as provided herein.
 1641         (2) All documents involving the practice of landscape
 1642  architecture which are prepared for the use of the corporation
 1643  or partnership shall bear the signature and seal of a registered
 1644  landscape architect.
 1645         (3) A landscape architect applying to practice in the name
 1646  of a An applicant corporation must shall file with the
 1647  department the names and addresses of all officers and board
 1648  members of the corporation, including the principal officer or
 1649  officers, duly registered to practice landscape architecture in
 1650  this state and, also, of all individuals duly registered to
 1651  practice landscape architecture in this state who shall be in
 1652  responsible charge of the practice of landscape architecture by
 1653  the corporation in this state. A landscape architect applying to
 1654  practice in the name of a An applicant partnership must shall
 1655  file with the department the names and addresses of all partners
 1656  of the partnership, including the partner or partners duly
 1657  registered to practice landscape architecture in this state and,
 1658  also, of an individual or individuals duly registered to
 1659  practice landscape architecture in this state who shall be in
 1660  responsible charge of the practice of landscape architecture by
 1661  said partnership in this state.
 1662         (4) Each landscape architect qualifying a partnership or
 1663  and corporation licensed under this part must shall notify the
 1664  department within 1 month after of any change in the information
 1665  contained in the application upon which the license is based.
 1666  Any landscape architect who terminates her or his or her
 1667  employment with a partnership or corporation licensed under this
 1668  part shall notify the department of the termination within 1
 1669  month after such termination.
 1670         (5) Disciplinary action against a corporation or
 1671  partnership shall be administered in the same manner and on the
 1672  same grounds as disciplinary action against a registered
 1673  landscape architect.
 1674         (6) Except as provided in s. 558.0035, the fact that a
 1675  registered landscape architect practices landscape architecture
 1676  through a corporation or partnership as provided in this section
 1677  does not relieve the landscape architect from personal liability
 1678  for her or his or her professional acts.
 1679         Section 58. Subsection (5) of section 481.321, Florida
 1680  Statutes, is amended to read:
 1681         481.321 Seals; display of certificate number.—
 1682         (5) Each registered landscape architect must and each
 1683  corporation or partnership holding a certificate of
 1684  authorization shall include her or his its certificate number in
 1685  any newspaper, telephone directory, or other advertising medium
 1686  used by the registered landscape architect, corporation, or
 1687  partnership. A corporation or partnership must is not required
 1688  to display the certificate number numbers of at least one
 1689  officer, director, owner, or partner who is a individual
 1690  registered landscape architect architects employed by or
 1691  practicing with the corporation or partnership.
 1692         Section 59. Subsection (5) of section 481.329, Florida
 1693  Statutes, is amended to read:
 1694         481.329 Exceptions; exemptions from licensure.—
 1695         (5) This part does not prohibit any person from engaging in
 1696  the practice of landscape design, as defined in s. 481.303 s.
 1697  481.303(7), or from submitting for approval to a governmental
 1698  agency planting plans that are independent of, or a component
 1699  of, construction documents that are prepared by a Florida
 1700  registered professional. Persons providing landscape design
 1701  services shall not use the title, term, or designation
 1702  “landscape architect,” “landscape architectural,” “landscape
 1703  architecture,” “L.A.,” “landscape engineering,” or any
 1704  description tending to convey the impression that she or he is a
 1705  landscape architect unless she or he is registered as provided
 1706  in this part.
 1707         Section 60. Subsection (9) of section 489.103, Florida
 1708  Statutes, is amended to read:
 1709         489.103 Exemptions.—This part does not apply to:
 1710         (9) Any work or operation of a casual, minor, or
 1711  inconsequential nature in which the aggregate contract price for
 1712  labor, materials, and all other items is less than $2,500
 1713  $1,000, but this exemption does not apply:
 1714         (a) If the construction, repair, remodeling, or improvement
 1715  is a part of a larger or major operation, whether undertaken by
 1716  the same or a different contractor, or in which a division of
 1717  the operation is made in contracts of amounts less than $2,500
 1718  $1,000 for the purpose of evading this part or otherwise.
 1719         (b) To a person who advertises that he or she is a
 1720  contractor or otherwise represents that he or she is qualified
 1721  to engage in contracting.
 1722         Section 61. Subsection (2) of section 489.111, Florida
 1723  Statutes, is amended to read:
 1724         489.111 Licensure by examination.—
 1725         (2) A person shall be eligible for licensure by examination
 1726  if the person:
 1727         (a) Is 18 years of age;
 1728         (b) Is of good moral character; and
 1729         (c) Meets eligibility requirements according to one of the
 1730  following criteria:
 1731         1. Has received a baccalaureate degree from an accredited
 1732  4-year college in the appropriate field of engineering,
 1733  architecture, or building construction and has 1 year of proven
 1734  experience in the category in which the person seeks to qualify.
 1735  For the purpose of this part, a minimum of 2,000 person-hours
 1736  shall be used in determining full-time equivalency.
 1737         2. Has a total of at least 4 years of active experience as
 1738  a worker who has learned the trade by serving an apprenticeship
 1739  as a skilled worker who is able to command the rate of a
 1740  mechanic in the particular trade or as a foreman who is in
 1741  charge of a group of workers and usually is responsible to a
 1742  superintendent or a contractor or his or her equivalent,
 1743  provided, however, that at least 1 year of active experience
 1744  shall be as a foreman.
 1745         3. Has a combination of not less than 1 year of experience
 1746  as a foreman and not less than 3 years of credits for any
 1747  accredited college-level courses; has a combination of not less
 1748  than 1 year of experience as a skilled worker, 1 year of
 1749  experience as a foreman, and not less than 2 years of credits
 1750  for any accredited college-level courses; or has a combination
 1751  of not less than 2 years of experience as a skilled worker, 1
 1752  year of experience as a foreman, and not less than 1 year of
 1753  credits for any accredited college-level courses. All junior
 1754  college or community college-level courses shall be considered
 1755  accredited college-level courses.
 1756         4.a. An active certified residential contractor is eligible
 1757  to receive a certified building contractor license after passing
 1758  or having previously passed take the building contractors’
 1759  examination if he or she possesses a minimum of 3 years of
 1760  proven experience in the classification in which he or she is
 1761  certified.
 1762         b. An active certified residential contractor is eligible
 1763  to receive a certified general contractor license after passing
 1764  or having previously passed take the general contractors’
 1765  examination if he or she possesses a minimum of 4 years of
 1766  proven experience in the classification in which he or she is
 1767  certified.
 1768         c. An active certified building contractor is eligible to
 1769  receive a certified general contractor license after passing or
 1770  having previously passed take the general contractors’
 1771  examination if he or she possesses a minimum of 4 years of
 1772  proven experience in the classification in which he or she is
 1773  certified.
 1774         5.a. An active certified air-conditioning Class C
 1775  contractor is eligible to receive a certified air-conditioning
 1776  Class B contractor license after passing or having previously
 1777  passed take the air-conditioning Class B contractors’
 1778  examination if he or she possesses a minimum of 3 years of
 1779  proven experience in the classification in which he or she is
 1780  certified.
 1781         b. An active certified air-conditioning Class C contractor
 1782  is eligible to receive a certified air-conditioning Class A
 1783  contractor license after passing or having previously passed
 1784  take the air-conditioning Class A contractors’ examination if he
 1785  or she possesses a minimum of 4 years of proven experience in
 1786  the classification in which he or she is certified.
 1787         c. An active certified air-conditioning Class B contractor
 1788  is eligible to receive a certified air-conditioning Class A
 1789  contractor license after passing or having previously passed
 1790  take the air-conditioning Class A contractors’ examination if he
 1791  or she possesses a minimum of 1 year of proven experience in the
 1792  classification in which he or she is certified.
 1793         6.a. An active certified swimming pool servicing contractor
 1794  is eligible to receive a certified residential swimming pool
 1795  contractor license after passing or having previously passed
 1796  take the residential swimming pool contractors’ examination if
 1797  he or she possesses a minimum of 3 years of proven experience in
 1798  the classification in which he or she is certified.
 1799         b. An active certified swimming pool servicing contractor
 1800  is eligible to receive a certified commercial swimming pool
 1801  contractor license after passing or having previously passed
 1802  take the swimming pool commercial contractors’ examination if he
 1803  or she possesses a minimum of 4 years of proven experience in
 1804  the classification in which he or she is certified.
 1805         c. An active certified residential swimming pool contractor
 1806  is eligible to receive a certified commercial swimming pool
 1807  contractor license after passing or having previously passed
 1808  take the commercial swimming pool contractors’ examination if he
 1809  or she possesses a minimum of 1 year of proven experience in the
 1810  classification in which he or she is certified.
 1811         d. An applicant is eligible to receive a certified swimming
 1812  pool/spa servicing contractor license after passing or having
 1813  previously passed take the swimming pool/spa servicing
 1814  contractors’ examination if he or she has satisfactorily
 1815  completed 60 hours of instruction in courses related to the
 1816  scope of work covered by that license and approved by the
 1817  Construction Industry Licensing Board by rule and has at least 1
 1818  year of proven experience related to the scope of work of such a
 1819  contractor.
 1820         Section 62. Subsection (3) of section 489.115, Florida
 1821  Statutes, is amended to read:
 1822         489.115 Certification and registration; endorsement;
 1823  reciprocity; renewals; continuing education.—
 1824         (3) The board shall certify as qualified for certification
 1825  by endorsement any applicant who:
 1826         (a) Meets the requirements for certification as set forth
 1827  in this section; has passed a national, regional, state, or
 1828  United States territorial licensing examination that is
 1829  substantially equivalent to the examination required by this
 1830  part; and has satisfied the requirements set forth in s.
 1831  489.111;
 1832         (b) Holds a valid license to practice contracting issued by
 1833  another state or territory of the United States, if the criteria
 1834  for issuance of such license were substantially equivalent to
 1835  Florida’s current certification criteria; or
 1836         (c) Holds a valid, current license to practice contracting
 1837  issued by another state or territory of the United States, if
 1838  the state or territory has entered into a reciprocal agreement
 1839  with the board for the recognition of contractor licenses issued
 1840  in that state, based on criteria for the issuance of such
 1841  licenses that are substantially equivalent to the criteria for
 1842  certification in this state; or
 1843         (d)Has held a valid, current license to practice
 1844  contracting issued by another state or territory of the United
 1845  States for at least 10 years before the date of application and
 1846  is applying for the same or similar license in this state,
 1847  subject to subsections (5)-(9). The board may consider whether
 1848  such applicant has had a license to practice contracting
 1849  revoked, suspended, or otherwise acted against by the licensing
 1850  authority of another state, territory, or country. Such
 1851  application must be made either when the license in another
 1852  state or territory is active or within 2 years after such
 1853  license was last active.
 1854         Section 63. Subsection (5) of section 489.511, Florida
 1855  Statutes, is amended to read:
 1856         489.511 Certification; application; examinations;
 1857  endorsement.—
 1858         (5) The board shall certify as qualified for certification
 1859  by endorsement any individual applying for certification who:
 1860         (a) Meets the requirements for certification as set forth
 1861  in this section; has passed a national, regional, state, or
 1862  United States territorial licensing examination that is
 1863  substantially equivalent to the examination required by this
 1864  part; and has satisfied the requirements set forth in s.
 1865  489.521; or
 1866         (b) Holds a valid license to practice electrical or alarm
 1867  system contracting issued by another state or territory of the
 1868  United States, if the criteria for issuance of such license was
 1869  substantially equivalent to the certification criteria that
 1870  existed in this state at the time the certificate was issued; or
 1871         (c)Has held a valid, current license to practice
 1872  electrical or alarm system contracting issued by another state
 1873  or territory of the United States for at least 10 years before
 1874  the date of application and is applying for the same or similar
 1875  license in this state, subject to ss. 489.510 and 489.521(3)(a),
 1876  and subparagraph (1)(b)1. Such application must be made either
 1877  when the license in another state or territory is active or
 1878  within 2 years after such license was last active.
 1879         Section 64. Subsection (3) and paragraph (b) of subsection
 1880  (4) of section 489.517, Florida Statutes, are amended to read:
 1881         489.517 Renewal of certificate or registration; continuing
 1882  education.—
 1883         (3) Each certificateholder or registrant shall provide
 1884  proof, in a form established by rule of the board, that the
 1885  certificateholder or registrant has completed at least 11 14
 1886  classroom hours of at least 50 minutes each of continuing
 1887  education courses during each biennium since the issuance or
 1888  renewal of the certificate or registration. The board shall by
 1889  rule establish criteria for the approval of continuing education
 1890  courses and providers and may by rule establish criteria for
 1891  accepting alternative nonclassroom continuing education on an
 1892  hour-for-hour basis.
 1893         (4)
 1894         (b) Of the 11 14 classroom hours of continuing education
 1895  required, at least 6 7 hours must be on technical subjects, 1
 1896  hour on workers’ compensation, 1 hour on workplace safety, 1
 1897  hour on business practices, and for alarm system contractors and
 1898  electrical contractors engaged in alarm system contracting, 2
 1899  hours on false alarm prevention.
 1900         Section 65. Paragraph (b) of subsection (1) of section
 1901  489.518, Florida Statutes, is amended to read:
 1902         489.518 Alarm system agents.—
 1903         (1) A licensed electrical or alarm system contractor may
 1904  not employ a person to perform the duties of a burglar alarm
 1905  system agent unless the person:
 1906         (b) Has successfully completed a minimum of 14 hours of
 1907  training within 90 days after employment, to include basic alarm
 1908  system electronics in addition to related training including
 1909  CCTV and access control training, with at least 2 hours of
 1910  training in the prevention of false alarms. Such training shall
 1911  be from a board-approved provider, and the employee or applicant
 1912  for employment shall provide proof of successful completion to
 1913  the licensed employer. The board shall by rule establish
 1914  criteria for the approval of training courses and providers and
 1915  may by rule establish criteria for accepting alternative
 1916  nonclassroom education on an hour-for-hour basis. The board
 1917  shall approve providers that conduct training in other than the
 1918  English language. The board shall establish a fee for the
 1919  approval of training providers or courses, not to exceed $60.
 1920  Qualified employers may conduct training classes for their
 1921  employees, with board approval.
 1922         Section 66. Section 509.102, Florida Statutes, is created
 1923  to read:
 1924         509.102Mobile food dispensing vehicles; preemption.—
 1925         (1)As used in this section, the term “mobile food
 1926  dispensing vehicle” means any vehicle that is a public food
 1927  service establishment and that is self-propelled or otherwise
 1928  movable from place to place and includes self-contained
 1929  utilities, including, but not limited to, gas, water,
 1930  electricity, or liquid waste disposal.
 1931         (2)Regulation of mobile food dispensing vehicles involving
 1932  licenses, registrations, permits, and fees and the regulation of
 1933  the operation of mobile food dispensing vehicles is preempted to
 1934  the state. A municipality, county, or other local government
 1935  entity may not:
 1936         (a)Require a separate license, registration, or permit
 1937  other than the license required under s. 509.241, or require the
 1938  payment of any license, registration, or permit fee other than
 1939  the fee required under s. 509.251, as a condition for the
 1940  operation of a mobile food dispensing vehicle within the
 1941  entity’s jurisdiction;
 1942         (b)Prohibit mobile food dispensing vehicles from operating
 1943  within the entity’s jurisdiction.
 1944         Section 67. Paragraph (i) of subsection (2) of section
 1945  548.003, Florida Statutes, is amended to read:
 1946         548.003 Florida State Boxing Commission.—
 1947         (2) The Florida State Boxing Commission, as created by
 1948  subsection (1), shall administer the provisions of this chapter.
 1949  The commission has authority to adopt rules pursuant to ss.
 1950  120.536(1) and 120.54 to implement the provisions of this
 1951  chapter and to implement each of the duties and responsibilities
 1952  conferred upon the commission, including, but not limited to:
 1953         (i)Designation and duties of a knockdown timekeeper.
 1954         Section 68. Subsection (1) of section 548.017, Florida
 1955  Statutes, is amended to read:
 1956         548.017 Participants, managers, and other persons required
 1957  to have licenses.—
 1958         (1) A participant, manager, trainer, second, timekeeper,
 1959  referee, judge, announcer, physician, matchmaker, or promoter
 1960  must be licensed before directly or indirectly acting in such
 1961  capacity in connection with any match involving a participant. A
 1962  physician approved by the commission must be licensed pursuant
 1963  to chapter 458 or chapter 459, must maintain an unencumbered
 1964  license in good standing, and must demonstrate satisfactory
 1965  medical training or experience in boxing, or a combination of
 1966  both, to the executive director before working as the ringside
 1967  physician.
 1968         Section 69. Paragraph (d) of subsection (1) of section
 1969  553.5141, Florida Statutes, is amended to read:
 1970         553.5141 Certifications of conformity and remediation
 1971  plans.—
 1972         (1) For purposes of this section:
 1973         (d) “Qualified expert” means:
 1974         1. An engineer licensed pursuant to chapter 471.
 1975         2. A certified general contractor licensed pursuant to
 1976  chapter 489.
 1977         3. A certified building contractor licensed pursuant to
 1978  chapter 489.
 1979         4. A building code administrator licensed pursuant to
 1980  chapter 468.
 1981         5. A building inspector licensed pursuant to chapter 468.
 1982         6. A plans examiner licensed pursuant to chapter 468.
 1983         7. An interior designer registered licensed pursuant to
 1984  chapter 481.
 1985         8. An architect licensed pursuant to chapter 481.
 1986         9. A landscape architect licensed pursuant to chapter 481.
 1987         10. Any person who has prepared a remediation plan related
 1988  to a claim under Title III of the Americans with Disabilities
 1989  Act, 42 U.S.C. s. 12182, that has been accepted by a federal
 1990  court in a settlement agreement or court proceeding, or who has
 1991  been qualified as an expert in Title III of the Americans with
 1992  Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
 1993         Section 70. Effective January 1, 2021, subsection (1) of
 1994  section 553.74, Florida Statutes, is amended to read:
 1995         553.74 Florida Building Commission.—
 1996         (1) The Florida Building Commission is created and located
 1997  within the Department of Business and Professional Regulation
 1998  for administrative purposes. Members are appointed by the
 1999  Governor subject to confirmation by the Senate. The commission
 2000  is composed of 19 27 members, consisting of the following
 2001  members:
 2002         (a) One architect licensed pursuant to chapter 481 with at
 2003  least 5 years of experience in the design and construction of
 2004  buildings designated for Group E or Group I occupancies by the
 2005  Florida Building Code registered to practice in this state and
 2006  actively engaged in the profession. The American Institute of
 2007  Architects, Florida Section, is encouraged to recommend a list
 2008  of candidates for consideration.
 2009         (b) One structural engineer registered to practice in this
 2010  state and actively engaged in the profession. The Florida
 2011  Engineering Society is encouraged to recommend a list of
 2012  candidates for consideration.
 2013         (c) One air-conditioning contractor, or mechanical
 2014  contractor, or mechanical engineer certified to do business in
 2015  this state and actively engaged in the profession. The Florida
 2016  Air Conditioning Contractors Association, the Florida
 2017  Refrigeration and Air Conditioning Contractors Association, and
 2018  the Mechanical Contractors Association of Florida, and the
 2019  Florida Engineering Society are encouraged to recommend a list
 2020  of candidates for consideration.
 2021         (d) One electrical contractor or electrical engineer
 2022  certified to do business in this state and actively engaged in
 2023  the profession. The Florida Association of Electrical
 2024  Contractors, and the National Electrical Contractors
 2025  Association, Florida Chapter, and the Florida Engineering
 2026  Society are encouraged to recommend a list of candidates for
 2027  consideration.
 2028         (e)One member from fire protection engineering or
 2029  technology who is actively engaged in the profession. The
 2030  Florida Chapter of the Society of Fire Protection Engineers and
 2031  the Florida Fire Marshals and Inspectors Association are
 2032  encouraged to recommend a list of candidates for consideration.
 2033         (e)(f) One certified general contractor or one certified
 2034  building contractor certified to do business in this state and
 2035  actively engaged in the profession. The Associated Builders and
 2036  Contractors of Florida, the Florida Associated General
 2037  Contractors Council, the Florida Home Builders Association, and
 2038  the Union Contractors Association are encouraged to recommend a
 2039  list of candidates for consideration.
 2040         (f)(g) One plumbing contractor licensed to do business in
 2041  this state and actively engaged in the profession. The Florida
 2042  Association of Plumbing, Heating, and Cooling Contractors is
 2043  encouraged to recommend a list of candidates for consideration.
 2044         (g)(h) One roofing or sheet metal contractor certified to
 2045  do business in this state and actively engaged in the
 2046  profession. The Florida Roofing, Sheet Metal, and Air
 2047  Conditioning Contractors Association and the Sheet Metal and Air
 2048  Conditioning Contractors’ National Association are encouraged to
 2049  recommend a list of candidates for consideration.
 2050         (h)(i) One certified residential contractor licensed to do
 2051  business in this state and actively engaged in the profession.
 2052  The Florida Home Builders Association is encouraged to recommend
 2053  a list of candidates for consideration.
 2054         (i)(j) Three members who are municipal, county, or district
 2055  codes enforcement officials, one of whom is also a fire
 2056  official. The Building Officials Association of Florida and the
 2057  Florida Fire Marshals and Inspectors Association are encouraged
 2058  to recommend a list of candidates for consideration.
 2059         (k)One member who represents the Department of Financial
 2060  Services.
 2061         (l)One member who is a county codes enforcement official.
 2062  The Building Officials Association of Florida is encouraged to
 2063  recommend a list of candidates for consideration.
 2064         (j)(m) One member of a Florida-based organization of
 2065  persons with disabilities or a nationally chartered organization
 2066  of persons with disabilities with chapters in this state which
 2067  complies with or is certified to be compliant with the
 2068  requirements of the Americans with Disability Act of 1990, as
 2069  amended.
 2070         (k)(n) One member of the manufactured buildings industry
 2071  who is licensed to do business in this state and is actively
 2072  engaged in the industry. The Florida Manufactured Housing
 2073  Association is encouraged to recommend a list of candidates for
 2074  consideration.
 2075         (o)One mechanical or electrical engineer registered to
 2076  practice in this state and actively engaged in the profession.
 2077  The Florida Engineering Society is encouraged to recommend a
 2078  list of candidates for consideration.
 2079         (p)One member who is a representative of a municipality or
 2080  a charter county. The Florida League of Cities and the Florida
 2081  Association of Counties are encouraged to recommend a list of
 2082  candidates for consideration.
 2083         (l)(q) One member of the building products manufacturing
 2084  industry who is authorized to do business in this state and is
 2085  actively engaged in the industry. The Florida Building Material
 2086  Association, the Florida Concrete and Products Association, and
 2087  the Fenestration Manufacturers Association are encouraged to
 2088  recommend a list of candidates for consideration.
 2089         (m)(r) One member who is a representative of the building
 2090  owners and managers industry who is actively engaged in
 2091  commercial building ownership or management. The Building Owners
 2092  and Managers Association is encouraged to recommend a list of
 2093  candidates for consideration.
 2094         (n)(s) One member who is a representative of the insurance
 2095  industry. The Florida Insurance Council is encouraged to
 2096  recommend a list of candidates for consideration.
 2097         (t)One member who is a representative of public education.
 2098         (o)(u) One member who is a swimming pool contractor
 2099  licensed to do business in this state and actively engaged in
 2100  the profession. The Florida Swimming Pool Association and the
 2101  United Pool and Spa Association are encouraged to recommend a
 2102  list of candidates for consideration.
 2103         (p)(v) One member who is a representative of the green
 2104  building industry and who is a third-party commission agent, a
 2105  Florida board member of the United States Green Building Council
 2106  or Green Building Initiative, a professional who is accredited
 2107  under the International Green Construction Code (IGCC), or a
 2108  professional who is accredited under Leadership in Energy and
 2109  Environmental Design (LEED).
 2110         (q)(w) One member who is a representative of a natural gas
 2111  distribution system and who is actively engaged in the
 2112  distribution of natural gas in this state. The Florida Natural
 2113  Gas Association is encouraged to recommend a list of candidates
 2114  for consideration.
 2115         (x)One member who is a representative of the Department of
 2116  Agriculture and Consumer Services’ Office of Energy. The
 2117  Commissioner of Agriculture is encouraged to recommend a list of
 2118  candidates for consideration.
 2119         (y)One member who shall be the chair.
 2120         Section 71. Subsection (7) of section 558.002, Florida
 2121  Statutes, is amended to read:
 2122         558.002 Definitions.—As used in this chapter, the term:
 2123         (7) “Design professional” means a person, as defined in s.
 2124  1.01, who is licensed in this state as an architect, interior
 2125  designer, a landscape architect, an engineer, a surveyor, or a
 2126  geologist or who is a registered interior designer, as defined
 2127  in s. 481.203.
 2128         Section 72. Subsection (3) of section 559.25, Florida
 2129  Statutes, is amended to read:
 2130         559.25 Exemptions.—The provisions of this part shall not
 2131  apply to or affect the following persons:
 2132         (3)Duly licensed auctioneers, selling at auction.
 2133         Section 73. Paragraphs (h) and (k) of subsection (2) of
 2134  section 287.055, Florida Statutes, are amended to read:
 2135         287.055 Acquisition of professional architectural,
 2136  engineering, landscape architectural, or surveying and mapping
 2137  services; definitions; procedures; contingent fees prohibited;
 2138  penalties.—
 2139         (2) DEFINITIONS.—For purposes of this section:
 2140         (h) A “design-build firm” means a partnership, corporation,
 2141  or other legal entity that:
 2142         1. Is certified under s. 489.119 to engage in contracting
 2143  through a certified or registered general contractor or a
 2144  certified or registered building contractor as the qualifying
 2145  agent; or
 2146         2. Is qualified certified under s. 471.023 to practice or
 2147  to offer to practice engineering; qualified certified under s.
 2148  481.219 to practice or to offer to practice architecture; or
 2149  qualified certified under s. 481.319 to practice or to offer to
 2150  practice landscape architecture.
 2151         (k) A “design criteria professional” means a firm that is
 2152  qualified who holds a current certificate of registration under
 2153  chapter 481 to practice architecture or landscape architecture
 2154  or a firm who holds a current certificate as a registered
 2155  engineer under chapter 471 to practice engineering and who is
 2156  employed by or under contract to the agency for the providing of
 2157  professional architect services, landscape architect services,
 2158  or engineering services in connection with the preparation of
 2159  the design criteria package.
 2160         Section 74. Except as otherwise expressly provided in this
 2161  act, this act shall take effect July 1, 2020.