SENATE AMENDMENT
    Bill No. CS for SB 2210
    Amendment No. ___   Barcode 912932
                            CHAMBER ACTION
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11  Senator Sullivan moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 172, between lines 26 and 27,
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16  insert:  
17         Section 116.  Subsection (1) of section 455.213,
18  Florida Statutes, is amended, and subsection (11) is added to
19  that section, to read:
20         455.213  General licensing provisions.--
21         (1)  Any person desiring to be licensed shall apply to
22  the department in writing. The application for licensure shall
23  be made on a form prepared and furnished by the department and
24  include the applicant's social security number.
25  Notwithstanding any other provision of law, the department is
26  the sole authority for determining the contents of any
27  documents to be submitted for initial licensure and licensure
28  renewal. Such documents may contain information including, as
29  appropriate: demographics, education, work history, personal
30  background, criminal history, finances, business information,
31  complaints, inspections, investigations, discipline, bonding,
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    7:41 PM   05/03/01                              s2210c1c-22k0w

SENATE AMENDMENT Bill No. CS for SB 2210 Amendment No. ___ Barcode 912932 1 signature notarization, photographs, performance periods, 2 reciprocity, local government approvals, supporting 3 documentation, periodic reporting requirements, fingerprint 4 requirements, continuing education requirements, and ongoing 5 education monitoring. The application shall be supplemented as 6 needed to reflect any material change in any circumstance or 7 condition stated in the application which takes place between 8 the initial filing of the application and the final grant or 9 denial of the license and which might affect the decision of 10 the department. In order to further the economic development 11 goals of the state, and notwithstanding any law to the 12 contrary, the department may enter into an agreement with the 13 county tax collector for the purpose of appointing the county 14 tax collector as the department's agent to accept applications 15 for licenses and applications for renewals of licenses. The 16 agreement must specify the time within which the tax collector 17 must forward any applications and accompanying application 18 fees to the department. In cases where a person applies or 19 schedules directly with a national examination organization or 20 examination vendor to take an examination required for 21 licensure, any organization- or vendor-related fees associated 22 with the examination may be paid directly to the organization 23 or vendor. 24 (11) Any submission required to be in writing may be 25 made by electronic means. 26 Section 117. Section 455.2281, Florida Statutes, is 27 amended to read: 28 455.2281 Unlicensed activities; fees; disposition.--In 29 order to protect the public and to ensure a consumer-oriented 30 department, it is the intent of the Legislature that vigorous 31 enforcement of regulation for all professional activities is a 2 7:41 PM 05/03/01 s2210c1c-22k0w
SENATE AMENDMENT Bill No. CS for SB 2210 Amendment No. ___ Barcode 912932 1 state priority. All enforcement costs should be covered by 2 professions regulated by the department. Therefore, the 3 department shall impose, upon initial licensure and each 4 renewal thereof, a special fee of $5 per licensee. Such fee 5 shall be in addition to all other fees collected from each 6 licensee and shall fund efforts to combat unlicensed activity. 7 Any profession regulated by the department which offers 8 services that are not subject to regulation when provided by 9 an unlicensed person may use funds in its unlicensed activity 10 account to inform the public of such situation. The board with 11 concurrence of the department, or the department when there is 12 no board, may earmark $5 of the current licensure fee for this 13 purpose, if such board, or profession regulated by the 14 department, is not in a deficit and has a reasonable cash 15 balance. A board or profession regulated by the department may 16 authorize the transfer of funds from the operating fund 17 account to the unlicensed activity account of that profession 18 if the operating fund account is not in a deficit and has a 19 reasonable cash balance. The department shall make direct 20 charges to this fund by profession and shall not allocate 21 indirect overhead. The department shall seek board advice 22 regarding enforcement methods and strategies prior to 23 expenditure of funds; however, the department may, without 24 board advice, allocate funds to cover the costs of continuing 25 education compliance monitoring under s. 455.2177. The 26 department shall directly credit, by profession, revenues 27 received from the department's efforts to enforce licensure 28 provisions, including revenues received from fines collected 29 under s. 455.2177. The department shall include all financial 30 and statistical data resulting from unlicensed activity 31 enforcement and from continuing education compliance 3 7:41 PM 05/03/01 s2210c1c-22k0w
SENATE AMENDMENT Bill No. CS for SB 2210 Amendment No. ___ Barcode 912932 1 monitoring as separate categories in the quarterly management 2 report provided for in s. 455.219. The department shall not 3 charge the account of any profession for the costs incurred on 4 behalf of any other profession. For an unlicensed activity 5 account, a balance which remains at the end of a renewal cycle 6 may, with concurrence of the applicable board and the 7 department, be transferred to the operating fund account of 8 that profession. 9 Section 118. Subsection (1) of section 481.209, 10 Florida Statutes, is amended to read: 11 481.209 Examinations.-- 12 (1) A person desiring to be licensed as a registered 13 architect shall apply to the department to take the licensure 14 examination. The department shall administer the licensure 15 examination for architects to each applicant who the board 16 certifies: 17 (a) Has completed the application form and remitted a 18 nonrefundable application fee and an examination fee which is 19 refundable if the applicant is found to be ineligible to take 20 the examination; 21 (b)1. Has successfully completed all architectural 22 curriculum courses required by and Is a graduate of a school 23 or college of architecture accredited by the National 24 Architectural Accreditation Board; or 25 2. Is a graduate of an approved architectural 26 curriculum, evidenced by a degree from an unaccredited school 27 or college of architecture approved by the board. The board 28 shall adopt rules providing for the review and approval of 29 unaccredited schools and colleges of architecture and courses 30 of architectural study based on a review and inspection by the 31 board of the curriculum of accredited schools and colleges of 4 7:41 PM 05/03/01 s2210c1c-22k0w
SENATE AMENDMENT Bill No. CS for SB 2210 Amendment No. ___ Barcode 912932 1 architecture in the United States, including those schools and 2 colleges accredited by the National Architectural 3 Accreditation Board; and 4 (c) Has completed, prior to examination, 1 year of the 5 internship experience required by s. 481.211(1). 6 Section 119. Section 481.223, Florida Statutes, is 7 amended to read: 8 481.223 Prohibitions; penalties; injunctive relief.-- 9 (1) A person may not knowingly: 10 (a) Practice architecture unless the person is an 11 architect or a registered architect; 12 (b) Practice interior design unless the person is a 13 registered interior designer unless otherwise exempted herein; 14 (c) Use the name or title "architect" or "registered 15 architect," or "interior designer" or "registered interior 16 designer," or words to that effect, when the person is not 17 then the holder of a valid license issued pursuant to this 18 part; 19 (d) Present as his or her own the license of another; 20 (e) Give false or forged evidence to the board or a 21 member thereof; 22 (f) Use or attempt to use an architect or interior 23 designer license that has been suspended, revoked, or placed 24 on inactive or delinquent status; 25 (g) Employ unlicensed persons to practice architecture 26 or interior design; or 27 (h) Conceal information relative to violations of this 28 part. 29 (2) Any person who violates any provision of 30 subsection (1) this section commits a misdemeanor of the first 31 degree, punishable as provided in s. 775.082 or s. 775.083. 5 7:41 PM 05/03/01 s2210c1c-22k0w
SENATE AMENDMENT Bill No. CS for SB 2210 Amendment No. ___ Barcode 912932 1 (3)(a) Notwithstanding chapter 455 or any other law to 2 the contrary, an affected person may maintain an action for 3 injunctive relief to restrain or prevent a person from 4 violating paragraph (1)(a), paragraph (1)(b), or paragraph 5 (1)(c). The prevailing party is entitled to actual costs and 6 attorney's fees. 7 (b) For purposes of this subsection, the term 8 "affected person" means a person directly affected by the 9 actions of a person suspected of violating paragraph (1)(a), 10 paragraph (1)(b), or paragraph (1)(c) and includes, but is not 11 limited to, the department, any person who received services 12 from the alleged violator, or any private association composed 13 primarily of members of the profession the alleged violator is 14 practicing or offering to practice or holding himself or 15 herself out as qualified to practice. 16 Section 120. Subsection (4) is added to section 17 473.313, Florida Statutes, to read: 18 473.313 Inactive status.-- 19 (4) Notwithstanding the provisions of s. 455.271, the 20 board may, at its discretion, reinstate the license of an 21 individual whose license has become null and void if the 22 individual has made a good-faith effort to comply with this 23 section but has failed to comply because of illness or unusual 24 hardship. The individual shall apply to the board for 25 reinstatement in a manner prescribed by rules of the board and 26 shall pay an application fee in an amount determined by rule 27 of the board. The board shall require that such an individual 28 meet all continuing education requirements as provided in s. 29 473.312, pay appropriate licensing fees, and otherwise be 30 eligible for renewal of licensure under this chapter. 31 6 7:41 PM 05/03/01 s2210c1c-22k0w
SENATE AMENDMENT Bill No. CS for SB 2210 Amendment No. ___ Barcode 912932 1 (Redesignate subsequent sections.) 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 On page 7, line 12, after the semicolon. 7 8 insert: 9 amending s. 455.213, F.S.; providing for the 10 content of licensure and renewal documents; 11 provides for electronic submission; amending s. 12 455.2281, F.S.; authorizing any profession 13 regulated by the department which offers 14 services that are not subject to regulation 15 when provided by an unlicensed person to use 16 funds in its unlicensed activity account to 17 inform the public of such situation; 18 authorizing a board or profession regulated by 19 the department to transfer funds in its 20 operating fund account to its unlicensed 21 activity account under certain circumstances; 22 amending s. 481.209, F.S.; revising 23 requirements relating to education for 24 licensure as an architect; amending s. 481.223, 25 F.S.; providing for injunctive relief for 26 certain violations relating to architecture and 27 interior design; amending s. 473.313, F.S.; 28 providing authority for the reinstatement of 29 certain licensees in public accountancy whose 30 licenses have become void; 31 7 7:41 PM 05/03/01 s2210c1c-22k0w