HB 1811 2003
1	A bill to be entitled
2	An act relating to talent agencies; repealing pt. VII of
3	ch. 468, F.S., to terminate the regulation of talent
4	agencies by the Department of Business and Professional
5	Regulation; providing for the use and transfer of
6	remaining funds; providing for the continuation of legal
7	proceedings; amending ss. 20.165, 20.43, 110.203, 110.205,
8	400.275, 400.464, 408.07, 443.101, 455.2286, 456.001,
9	456.033, 456.034, 456.0375, 456.057, 471.045, 472.003,
10	481.222, 489.109, 489.519, 553.415, 553.77, 553.791,
11	553.80, 553.841, 627.192, 721.13, 1012.46, and 1013.38,
12	F.S.; revising references, to conform; providing an
13	effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. Sections 468.401, 468.402, 468.403, 468.404,
18	468.405, 468.406, 468.407, 468.408, 468.409, 468.410, 468.411,
19	468.412, 468.413, 468.414, and 468.415, Florida Statutes, are
20	repealed.
21	Section 2. The regulation of talent agencies is abolished.
22	Any funds and balances associated with the regulation of talent
23	agencies remaining in the Professional Regulation Trust Fund
24	after the effective date of this act shall be used to pay any
25	remaining expenses associated with such regulation. Any funds or
26	balances remaining after January 1, 2004, shall be transferred
27	to the General Revenue Fund.
28	Section 3. The Department of Business and Professional
29	Regulation may continue to prosecute any existing legal
30	proceedings and related administrative cases relating to the
31	regulation of talent agencies which are in existence on the
32	effective date of this act.
33	Section 4. Paragraph (a) of subsection (4) of section
34	20.165, Florida Statutes, is amended to read:
35	20.165 Department of Business and Professional
36	Regulation.--There is created a Department of Business and
37	Professional Regulation.
38	(4)(a) The following boards are established within the
39	Division of Professions:
40	1. Board of Architecture and Interior Design, created
41	under part I of chapter 481.
42	2. Florida Board of Auctioneers, created under part VI of
43	chapter 468.
44	3. Barbers' Board, created under chapter 476.
45	4. Florida Building Code Administrators and Inspectors
46	Board, created under part XIXIIof chapter 468.
47	5. Construction Industry Licensing Board, created under
48	part I of chapter 489.
49	6. Board of Cosmetology, created under chapter 477.
50	7. Electrical Contractors' Licensing Board, created under
51	part II of chapter 489.
52	8. Board of Employee Leasing Companies, created under part
53	XXIof chapter 468.
54	9. Board of Funeral Directors and Embalmers, created under
55	chapter 470.
56	10. Board of Landscape Architecture, created under part II
57	of chapter 481.
58	11. Board of Pilot Commissioners, created under chapter
59	310.
60	12. Board of Professional Engineers, created under chapter
61	471.
62	13. Board of Professional Geologists, created under
63	chapter 492.
64	14. Board of Professional Surveyors and Mappers, created
65	under chapter 472.
66	15. Board of Veterinary Medicine, created under chapter
67	474.
68	Section 5. Paragraph (g) of subsection (3) of section
69	20.43, Florida Statutes, is amended to read:
70	20.43 Department of Health.--There is created a Department
71	of Health.
72	(3) The following divisions of the Department of Health
73	are established:
74	(g) Division of Medical Quality Assurance, which is
75	responsible for the following boards and professions established
76	within the division:
77	1. The Board of Acupuncture, created under chapter 457.
78	2. The Board of Medicine, created under chapter 458.
79	3. The Board of Osteopathic Medicine, created under
80	chapter 459.
81	4. The Board of Chiropractic Medicine, created under
82	chapter 460.
83	5. The Board of Podiatric Medicine, created under chapter
84	461.
85	6. Naturopathy, as provided under chapter 462.
86	7. The Board of Optometry, created under chapter 463.
87	8. The Board of Nursing, created under part I of chapter
88	464.
89	9. Nursing assistants, as provided under part II of
90	chapter 464.
91	10. The Board of Pharmacy, created under chapter 465.
92	11. The Board of Dentistry, created under chapter 466.
93	12. Midwifery, as provided under chapter 467.
94	13. The Board of Speech-Language Pathology and Audiology,
95	created under part I of chapter 468.
96	14. The Board of Nursing Home Administrators, created
97	under part II of chapter 468.
98	15. The Board of Occupational Therapy, created under part
99	III of chapter 468.
100	16. Respiratory therapy, as provided under part V of
101	chapter 468.
102	17. Dietetics and nutrition practice, as provided under
103	part IXXof chapter 468.
104	18. The Board of Athletic Training, created under part XII
105	XIIIof chapter 468.
106	19. The Board of Orthotists and Prosthetists, created
107	under part XIIIXIVof chapter 468.
108	20. Electrolysis, as provided under chapter 478.
109	21. The Board of Massage Therapy, created under chapter
110	480.
111	22. The Board of Clinical Laboratory Personnel, created
112	under part III of chapter 483.
113	23. Medical physicists, as provided under part IV of
114	chapter 483.
115	24. The Board of Opticianry, created under part I of
116	chapter 484.
117	25. The Board of Hearing Aid Specialists, created under
118	part II of chapter 484.
119	26. The Board of Physical Therapy Practice, created under
120	chapter 486.
121	27. The Board of Psychology, created under chapter 490.
122	28. School psychologists, as provided under chapter 490.
123	29. The Board of Clinical Social Work, Marriage and Family
124	Therapy, and Mental Health Counseling, created under chapter
125	491.
126	Section 6. Subsection (30) of section 110.203, Florida
127	Statutes, is amended to read:
128	110.203 Definitions.--For the purpose of this part and the
129	personnel affairs of the state:
130	(30) "Professional health care provider" means registered
131	nurses licensed under chapter 464, dentists licensed under
132	chapter 466, psychologists licensed under chapter 490 or chapter
133	491, nutritionists or dietitians licensed under part IXXof
134	chapter 468, pharmacists licensed under chapter 465,
135	psychological specialists licensed under chapter 491, physical
136	therapists licensed under chapter 486, and speech therapists
137	licensed under part I of chapter 468.
138	Section 7. Paragraph (x) of subsection (2) of section
139	110.205, Florida Statutes, is amended to read:
140	110.205 Career service; exemptions.--
141	(2) EXEMPT POSITIONS.--The exempt positions that are not
142	covered by this part include the following:
143	(x) Managerial employees, as defined in s. 447.203(4),
144	confidential employees, as defined in s. 447.203(5), and
145	supervisory employees who spend the majority of their time
146	communicating with, motivating, training, and evaluating
147	employees, and planning and directing employees' work, and who
148	have the authority to hire, transfer, suspend, lay off, recall,
149	promote, discharge, assign, reward, or discipline subordinate
150	employees or effectively recommend such action, including all
151	employees serving as supervisors, administrators, and directors.
152	Excluded are employees also designated as special risk or
153	special risk administrative support and attorneys who serve as
154	administrative law judges pursuant to s. 120.65 or for hearings
155	conducted pursuant to s. 120.57(1)(a). Additionally, registered
156	nurses licensed under chapter 464, dentists licensed under
157	chapter 466, psychologists licensed under chapter 490 or chapter
158	491, nutritionists or dietitians licensed under part IXXof
159	chapter 468, pharmacists licensed under chapter 465,
160	psychological specialists licensed under chapter 491, physical
161	therapists licensed under chapter 486, and speech therapists
162	licensed under part I of chapter 468 are excluded, unless
163	otherwise collectively bargained.
164	Section 8. Subsection (3) of section 400.275, Florida
165	Statutes, is amended to read:
166	400.275 Agency duties.--
167	(3) Each member of a nursing home survey team who is a
168	health professional licensed under part I of chapter 464, part
169	IXXof chapter 468, or chapter 491 shall earn not less than 50
170	percent of required continuing education credits in geriatric
171	care. Each member of a nursing home survey team who is a health
172	professional licensed under chapter 465 shall earn not less than
173	30 percent of required continuing education credits in geriatric
174	care.
175	Section 9. Paragraph (c) of subsection (5) of section
176	400.464, Florida Statutes, is amended to read:
177	400.464 Home health agencies to be licensed; expiration of
178	license; exemptions; unlawful acts; penalties.--
179	(5) The following are exempt from the licensure
180	requirements of this part:
181	(c) A health care professional, whether or not
182	incorporated, who is licensed under chapter 457; chapter 458;
183	chapter 459; part I of chapter 464; chapter 467; part I, part
184	III, part V, or part IXXof chapter 468; chapter 480; chapter
185	486; chapter 490; or chapter 491; and who is acting alone within
186	the scope of his or her professional license to provide care to
187	patients in their homes.
188	Section 10. Subsection (24) of section 408.07, Florida
189	Statutes, is amended to read:
190	408.07 Definitions.--As used in this chapter, with the
191	exception of ss. 408.031-408.045, the term:
192	(24) "Health care provider" means a health care
193	professional licensed under chapter 458, chapter 459, chapter
194	460, chapter 461, chapter 463, chapter 464, chapter 465, chapter
195	466, part I, part III, part IV, part V, or part IXXof chapter
196	468, chapter 483, chapter 484, chapter 486, chapter 490, or
197	chapter 491.
198	Section 11. Paragraph (a) of subsection (10) of section
199	443.101, Florida Statutes, is amended to read:
200	443.101 Disqualification for benefits.--An individual
201	shall be disqualified for benefits:
202	(10) Subject to the requirements of this subsection if the
203	claim is made on the basis of loss of employment as a leased
204	employee for an employee leasing company or as a temporary
205	employee for a temporary help firm.
206	(a) As used in this subsection, the term:
207	1. "Temporary help firm" means a firm that hires its own
208	employees and assigns them to clients to support or supplement
209	the client's workforce in work situations such as employee
210	absences, temporary skill shortages, seasonal workloads, and
211	special assignments and projects. The term also includes a firm
212	created by an entity licensed under s. 125.012(6), which hires
213	employees assigned by a union for the purpose of supplementing
214	or supporting the workforce of the temporary help firm's
215	clients. The term does not include employee leasing companies
216	regulated under part XXIof chapter 468.
217	2. "Temporary employee" means an employee assigned to work
218	for the clients of a temporary help firm.
219	3. "Leased employee" means an employee assigned to work
220	for the clients of an employee leasing company regulated under
221	part XXIof chapter 468.
222	Section 12. Section 455.2286, Florida Statutes, is amended
223	to read:
224	455.2286 Automated information system.--By November 1,
225	2001, the department shall implement an automated information
226	system for all certificateholders and registrants under part XI
227	XIIof chapter 468, chapter 471, chapter 481, or chapter 489.
228	The system shall provide instant notification to local building
229	departments and other interested parties regarding the status of
230	the certification or registration. The provision of such
231	information shall consist, at a minimum, of an indication of
232	whether the certification or registration is active, of any
233	current failure to meet the terms of any final action by a
234	licensing authority, of any ongoing disciplinary cases that are
235	subject to public disclosure, whether there are any outstanding
236	fines, and of the reporting of any material violations pursuant
237	to s. 553.781. The system shall also retain information
238	developed by the department and local governments on individuals
239	found to be practicing or contracting without holding the
240	applicable license, certification, or registration required by
241	law. The system may be Internet-based.
242	Section 13. Subsection (4) of section 456.001, Florida
243	Statutes, is amended to read:
244	456.001 Definitions.--As used in this chapter, the term:
245	(4) "Health care practitioner" means any person licensed
246	under chapter 457; chapter 458; chapter 459; chapter 460;
247	chapter 461; chapter 462; chapter 463; chapter 464; chapter 465;
248	chapter 466; chapter 467; part I, part II, part III, part V,
249	part IXX, part XIIXIII, or part XIIIXIVof chapter 468;
250	chapter 478; chapter 480; part III or part IV of chapter 483;
251	chapter 484; chapter 486; chapter 490; or chapter 491.
252	Section 14. Subsection (1) of section 456.033, Florida
253	Statutes, is amended to read:
254	456.033 Requirement for instruction for certain licensees
255	on HIV and AIDS.--
256	(1) The appropriate board shall require each person
257	licensed or certified under chapter 457; chapter 458; chapter
258	459; chapter 460; chapter 461; chapter 463; part I of chapter
259	464; chapter 465; chapter 466; part II, part III, part V, or
260	part IXXof chapter 468; or chapter 486 to complete a
261	continuing educational course, approved by the board, on human
262	immunodeficiency virus and acquired immune deficiency syndrome
263	as part of biennial relicensure or recertification. The course
264	shall consist of education on the modes of transmission,
265	infection control procedures, clinical management, and
266	prevention of human immunodeficiency virus and acquired immune
267	deficiency syndrome. Such course shall include information on
268	current Florida law on acquired immune deficiency syndrome and
269	its impact on testing, confidentiality of test results,
270	treatment of patients, and any protocols and procedures
271	applicable to human immunodeficiency virus counseling and
272	testing, reporting, the offering of HIV testing to pregnant
273	women, and partner notification issues pursuant to ss. 381.004
274	and 384.25.
275	Section 15. Subsection (1) of section 456.034, Florida
276	Statutes, is amended to read:
277	456.034 Athletic trainers and massage therapists;
278	requirement for instruction on HIV and AIDS.--
279	(1) The board, or the department where there is no board,
280	shall require each person licensed or certified under part XII
281	XIIIof chapter 468 or chapter 480 to complete a continuing
282	educational course approved by the board, or the department
283	where there is no board, on human immunodeficiency virus and
284	acquired immune deficiency syndrome as part of biennial
285	relicensure or recertification. The course shall consist of
286	education on modes of transmission, infection control
287	procedures, clinical management, and prevention of human
288	immunodeficiency virus and acquired immune deficiency syndrome,
289	with an emphasis on appropriate behavior and attitude change.
290	Section 16. Paragraph (b) of subsection (1) and paragraph
291	(a) of subsection (3) of section 456.0375, Florida Statutes, are
292	amended to read:
293	456.0375 Registration of certain clinics; requirements;
294	discipline; exemptions.--
295	(1)
296	(b) For purposes of this section, the term "clinic" does
297	not include and the registration requirements herein do not
298	apply to:
299	1. Entities licensed or registered by the state pursuant
300	to chapter 390, chapter 394, chapter 395, chapter 397, chapter
301	400, chapter 463, chapter 465, chapter 466, chapter 478, chapter
302	480, or chapter 484.
303	2. Entities exempt from federal taxation under 26 U.S.C.
304	s. 501(c)(3).
305	3. Sole proprietorships, group practices, partnerships, or
306	corporations that provide health care services by licensed
307	health care practitioners pursuant to chapters 457, 458, 459,
308	460, 461, 462, 463, 466, 467, 484, 486, 490, 491, or part I,
309	part III, part IXX, part XIIXIII, or part XIIIXIVof chapter
310	468, or s. 464.012, which are wholly owned by licensed health
311	care practitioners or the licensed health care practitioner and
312	the spouse, parent, or child of a licensed health care
313	practitioner, so long as one of the owners who is a licensed
314	health care practitioner is supervising the services performed
315	therein and is legally responsible for the entity's compliance
316	with all federal and state laws. However, no health care
317	practitioner may supervise services beyond the scope of the
318	practitioner's license.
319	(3)(a) Each clinic must employ or contract with a
320	physician maintaining a full and unencumbered physician license
321	in accordance with chapter 458, chapter 459, chapter 460, or
322	chapter 461 to serve as the medical director. However, if the
323	clinic is limited to providing health care services pursuant to
324	chapter 457, chapter 484, chapter 486, chapter 490, or chapter
325	491 or part I, part III, part IXX, part XIIXIII, or part XIII
326	XIVof chapter 468, the clinic may appoint a health care
327	practitioner licensed under that chapter to serve as a clinical
328	director who is responsible for the clinic's activities. A
329	health care practitioner may not serve as the clinical director
330	if the services provided at the clinic are beyond the scope of
331	that practitioner's license.
332	Section 17. Paragraph (f) of subsection (2) of section
333	456.057, Florida Statutes, is amended to read:
334	456.057 Ownership and control of patient records; report
335	or copies of records to be furnished.--
336	(2) As used in this section, the terms "records owner,"
337	"health care practitioner," and "health care practitioner's
338	employer" do not include any of the following persons or
339	entities; furthermore, the following persons or entities are not
340	authorized to acquire or own medical records, but are authorized
341	under the confidentiality and disclosure requirements of this
342	section to maintain those documents required by the part or
343	chapter under which they are licensed or regulated:
344	(f) Athletic trainers licensed under part XIIXIIIof
345	chapter 468.
346	Section 18. Section 471.045, Florida Statutes, is amended
347	to read:
348	471.045 Professional engineers performing building code
349	inspector duties.--Notwithstanding any other provision of law, a
350	person who is currently licensed under this chapter to practice
351	as a professional engineer may provide building code inspection
352	services described in s. 468.603(6) and (7) to a local
353	government or state agency upon its request, without being
354	certified by the Florida Building Code Administrators and
355	Inspectors Board under part XIXIIof chapter 468. When
356	performing these building code inspection services, the
357	professional engineer is subject to the disciplinary guidelines
358	of this chapter and s. 468.621(1)(c)-(h). Any complaint
359	processing, investigation, and discipline that arise out of a
360	professional engineer's performing building code inspection
361	services shall be conducted by the Board of Professional
362	Engineers rather than the Florida Building Code Administrators
363	and Inspectors Board. A professional engineer may not perform
364	plans review as an employee of a local government upon any job
365	that the professional engineer or the professional engineer's
366	company designed.
367	Section 19. Paragraph (b) of subsection (5) of section
368	472.003, Florida Statutes, is amended to read:
369	472.003 Persons not affected by ss. 472.001-
370	472.037.--Sections 472.001-472.037 do not apply to:
371	(5)
372	(b) Persons who are employees of any employee leasing
373	company licensed pursuant to part XXIof chapter 468 and who
374	work as subordinates of a person in responsible charge
375	registered under this chapter.
376	Section 20. Section 481.222, Florida Statutes, is amended
377	to read:
378	481.222 Architects performing building code inspection
379	services.--Notwithstanding any other provision of law, a person
380	who is currently licensed to practice as an architect under this
381	part may provide building code inspection services described in
382	s. 468.603(6) and (7) to a local government or state agency upon
383	its request, without being certified by the Florida Building
384	Code Administrators and Inspectors Board under part XIXIIof
385	chapter 468. With respect to the performance of such building
386	code inspection services, the architect is subject to the
387	disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
388	Any complaint processing, investigation, and discipline that
389	arise out of an architect's performance of building code
390	inspection services shall be conducted by the Board of
391	Architecture and Interior Design rather than the Florida
392	Building Code Administrators and Inspectors Board. An architect
393	may not perform plans review as an employee of a local
394	government upon any job that the architect or the architect's
395	company designed.
396	Section 21. Paragraph (e) of subsection (1) of section
397	489.109, Florida Statutes, is amended to read:
398	489.109 Fees.--
399	(1) The board, by rule, shall establish reasonable fees to
400	be paid for applications, certification and renewal,
401	registration and renewal, and recordmaking and recordkeeping.
402	The fees shall be established as follows:
403	(e) The board, by rule, shall impose a renewal fee for an
404	inactive status certificate or registration, not to exceed the
405	renewal fee for an active status certificate or registration.
406	Neither the inactive certification fee nor the inactive
407	registration fee may exceed $50. The board, by rule, may provide
408	for a different fee for inactive status where such status is
409	sought by a building code administrator, plans examiner, or
410	inspector certified pursuant to part XIXIIof chapter 468 who
411	is employed by a local government and is not allowed by the
412	terms of such employment to maintain a certificate on active
413	status issued pursuant to this part.
414	Section 22. Subsection (3) of section 489.519, Florida
415	Statutes, is amended to read:
416	489.519 Inactive status.--
417	(3) The board shall impose, by rule, continuing education
418	requirements for inactive certificateholders, when inactive
419	status is sought by certificateholders who are also building
420	code administrators, plans examiners, or inspectors certified
421	pursuant to part XIXIIof chapter 468.
422	Section 23. Subsection (6) of section 553.415, Florida
423	Statutes, is amended to read:
424	553.415 Factory-built school buildings.--
425	(6) The department may delegate its plans review authority
426	to a state agency or public or private entity; however, the
427	department shall ensure that any person conducting plans reviews
428	is a certified plans examiner, pursuant to part XIXIIof
429	chapter 468.
430	Section 24. Subsection (7) of section 553.77, Florida
431	Statutes, is amended to read:
432	553.77 Specific powers of the commission.--
433	(7) The commission shall by rule establish an informal
434	process of rendering nonbinding interpretations of the Florida
435	Building Code. The commission is specifically authorized to
436	refer interpretive issues to organizations that represent those
437	engaged in the construction industry. The commission is directed
438	to immediately implement the process prior to the completion of
439	formal rulemaking. It is the intent of the Legislature that the
440	commission create a process to refer questions to a small,
441	rotating group of individuals licensed under part XIXIIof
442	chapter 468, to which a party can pose questions regarding the
443	interpretation of code provisions. It is the intent of the
444	Legislature that the process provide for the expeditious
445	resolution of the issues presented and publication of the
446	resulting interpretation on the Building Code Information
447	System. Such interpretations are to be advisory only and
448	nonbinding on the parties or the commission.
449	Section 25. Paragraphs (d) and (g) of subsection (1) of
450	section 553.791, Florida Statutes, are amended to read:
451	553.791 Alternative plans review and inspection.--
452	(1) As used in this section, the term:
453	(d) "Duly authorized representative" means an agent of the
454	private provider identified in the permit application who
455	reviews plans or performs inspections as provided by this
456	section and who is licensed as an engineer under chapter 471 or
457	as an architect under chapter 481 or who holds a standard
458	certificate under part XIXIIof chapter 468.
459	(g) "Private provider" means a person licensed as an
460	engineer under chapter 471 or as an architect under chapter 481.
461	For purposes of performing inspections under this section for
462	additions and alterations that are limited to 1,000 square feet
463	or less to residential buildings, the term "private provider"
464	also includes a person who holds a standard certificate under
465	part XIXIIof chapter 468.
466	Section 26. Paragraph (a) of subsection (6) of section
467	553.80, Florida Statutes, is amended to read:
468	553.80 Enforcement.--
469	(6) Notwithstanding any other provision of law, state
470	universities, community colleges, and public school districts
471	shall be subject to enforcement of the Florida Building Code
472	pursuant to this part.
473	(a) State universities, state community colleges, or
474	public school districts shall conduct plan review and
475	construction inspections to enforce building code compliance for
476	their building projects that are subject to the Florida Building
477	Code. Such entities shall use personnel or contract providers
478	appropriately certified under part XIXIIof chapter 468 to
479	perform the plan reviews and inspections required by the code.
480	Under such arrangements, such entities shall not be subject to
481	local government permitting requirements, plans review, and
482	inspection fees. State universities, state community colleges,
483	and public school districts shall be liable and responsible for
484	all of their buildings, structures, and facilities. Nothing in
485	this paragraph shall be construed to limit the authority of the
486	county, municipality, or code enforcement district to ensure
487	that buildings, structures, and facilities owned by such
488	entities comply with the Florida Building Code or to limit the
489	authority and responsibility of the fire official to conduct
490	firesafety inspections pursuant to chapter 633.
491
492	Nothing in this part shall be construed to authorize counties,
493	municipalities, or code enforcement districts to conduct any
494	permitting, plans review, or inspections not covered by the
495	Florida Building Code. Any actions by counties or municipalities
496	not in compliance with this part may be appealed to the Florida
497	Building Commission. The commission, upon a determination that
498	actions not in compliance with this part have delayed permitting
499	or construction, may suspend the authority of a county,
500	municipality, or code enforcement district to enforce the
501	Florida Building Code on the buildings, structures, or
502	facilities of a state university, state community college, or
503	public school district and provide for code enforcement at the
504	expense of the state university, state community college, or
505	public school district.
506	Section 27. Subsections (7) and (10) of section 553.841,
507	Florida Statutes, are amended to read:
508	553.841 Building code training program; participant
509	competency requirements.--
510	(7) The core curriculum shall cover the information
511	required to have all categories of participants appropriately
512	informed as to their technical and administrative
513	responsibilities in the effective execution of the code process
514	by all individuals currently licensed under part XIXIIof
515	chapter 468, chapter 471, chapter 481, or chapter 489, except as
516	otherwise provided in s. 471.017. The core curriculum shall be
517	prerequisite to the advanced module coursework for all licensees
518	and shall be completed by individuals licensed in all categories
519	under part XIXIIof chapter 468, chapter 471, chapter 481, or
520	chapter 489 within the first 2-year period after establishment
521	of the program. Core course hours taken by licensees to complete
522	this requirement shall count toward fulfillment of required
523	continuing education units under part XIXIIof chapter 468,
524	chapter 471, chapter 481, or chapter 489.
525	(10) The respective state boards under part XIXIIof
526	chapter 468, chapters 471, 481, and 489, and the State Fire
527	Marshal under chapter 633, shall require specialized or advanced
528	course modules as part of their regular continuing education
529	requirements.
530	Section 28. Paragraph (e) of subsection (2) of section
531	627.192, Florida Statutes, is amended to read:
532	627.192 Workers' compensation insurance; employee leasing
533	arrangements.--
534	(2) For purposes of the Florida Insurance Code:
535	(e) "Lessor" means an employee leasing company, as set
536	forth in part XXIof chapter 468, engaged in the business of or
537	holding itself out as being in the business of employee leasing.
538	A lessor may also be referred to as an employee leasing company.
539	Section 29. Paragraph (e) of subsection (1) and
540	subsections (4) and (9) of section 721.13, Florida Statutes, are
541	amended to read:
542	721.13 Management.--
543	(1)
544	(e) Any managing entity performing community association
545	management must comply with part VIIVIIIof chapter 468.
546	(4) The managing entity shall maintain among its records
547	and provide to the division upon request a complete list of the
548	names and addresses of all purchasers and owners of timeshare
549	units in the timeshare plan. The managing entity shall update
550	this list no less frequently than quarterly. Pursuant to
551	paragraph (3)(d), the managing entity may not publish this
552	owner's list or provide a copy of it to any purchaser or to any
553	third party other than the division. However, the managing
554	entity shall to those persons listed on the owner's list
555	materials provided by any purchaser, upon the written request of
556	that purchaser, if the purpose of the mailing is to advance
557	legitimate association business, such as a proxy solicitation
558	for any purpose, including the recall of one or more board
559	members elected by the owners or the discharge of the manager or
560	management firm. The use of any proxies solicited in this manner
561	must comply with the provisions of the timeshare instrument and
562	this chapter. A mailing requested for the purpose of advancing
563	legitimate association business shall occur within 30 days after
564	receipt of a request from a purchaser. The board of
565	administration of the association shall be responsible for
566	determining the appropriateness of any mailing requested
567	pursuant to this subsection. The purchaser who requests the
568	mailing must reimburse the association in advance for the
569	association's actual costs in performing the mailing. It shall
570	be a violation of this chapter and, if applicable, of part VII
571	VIIIof chapter 468, for the board of administration or the
572	manager or management firm to refuse to mail any material
573	requested by the purchaser to be mailed, provided the sole
574	purpose of the materials is to advance legitimate association
575	business. If the purpose of the mailing is a proxy solicitation
576	to recall one or more board members elected by the owners or to
577	discharge the manager or management firm and the managing entity
578	does not mail the materials within 30 days after receipt of a
579	request from a purchaser, the circuit court in the county where
580	the timeshare plan is located may, upon application from the
581	requesting purchaser, summarily order the mailing of the
582	materials solely related to the recall of one or more board
583	members elected by the owners or the discharge of the manager or
584	management firm. The court shall dispose of an application on an
585	expedited basis. In the event of such an order, the court may
586	order the managing entity to pay the purchaser's costs,
587	including attorney's fees reasonably incurred to enforce the
588	purchaser's rights, unless the managing entity can prove it
589	refused the mailing in good faith because of a reasonable basis
590	for doubt about the legitimacy of the mailing.
591	(9) Any failure of the managing entity to faithfully
592	discharge the fiduciary duty to purchasers imposed by this
593	section or to otherwise comply with the provisions of this
594	section shall be a violation of this chapter and of part VII
595	VIIIof chapter 468.
596	Section 30. Paragraph (b) of subsection (2) of section
597	1012.46, Florida Statutes, is amended to read:
598	1012.46 Athletic trainers.--
599	(2) To the extent practicable, a school district program
600	should include the following employment classification and
601	advancement scheme:
602	(b) Teacher athletic trainer.--To qualify as a teacher
603	athletic trainer, a person must possess a professional,
604	temporary, part-time, adjunct, or substitute certificate
605	pursuant to s. 1012.35, s. 1012.56 or s. 1012.57, and be
606	licensed as required by part XIIXIIIof chapter 468.
607	Section 31. Paragraphs (a) and (b) of subsection (2) of
608	section 1013.38, Florida Statutes, are amended to read:
609	1013.38 Boards to ensure that facilities comply with
610	building codes and life safety codes.--
611	(2) Boards may provide compliance as follows:
612	(a) Boards or consortia may individually or cooperatively
613	provide review services under the insurance risk management
614	oversight through the use of board employees or consortia
615	employees, registered pursuant to chapter 471, chapter 481, or
616	part XIXIIof chapter 468.
617	(b) Boards may elect to review construction documents
618	using their own employees registered pursuant to chapter 471,
619	chapter 481, or part XIXIIof chapter 468.
620	Section 32. This act shall take effect upon becoming a
621	law.