Florida Senate - 2009                                    SB 2598
       
       
       
       By Senator Gaetz
       
       
       
       
       4-01860A-09                                           20092598__
    1                        A bill to be entitled                      
    2         An act relating to the regulation of professions;
    3         amending s. 455.2124, F.S.; authorizing a board or
    4         commission, or the department if no such board or
    5         commission exists for a profession, to require the
    6         completion of certain continuing education
    7         requirements by inactive licensees seeking to regain
    8         active status; amending s. 455.2179, F.S.; increasing
    9         the quadrennial fees for renewal of eligibility to
   10         provide certain continuing education courses; amending
   11         ss. 455.2228 and 455.273, F.S.; increasing the period
   12         for completion of certain renewal, recertification,
   13         and relicensing requirements from biennially to
   14         quadrennially; amending s. 455.271, F.S.; authorizing
   15         certain licensees to submit a written request for a
   16         grace period upon the expiration of a license;
   17         requiring that such licensee pay a specified fee and
   18         complete certain continuing education requirements;
   19         increasing the length of certain licensure and renewal
   20         cycles; amending ss. 468.403, 468.453, 468.525,
   21         468.613, 469.005, 474.217, and 475.180, F.S.;
   22         providing conditions under which a nonresident who has
   23         been licensed in good standing for a specified period
   24         in another state qualifies for licensure in this
   25         state; amending s. 476.114, F.S.; authorizing certain
   26         persons to take the examination for licensure as a
   27         cosmetologist; requiring that certain persons desiring
   28         to be a barber apply to the department in writing
   29         under certain conditions; amending s. 477.019, F.S.;
   30         authorizing certain persons to take the examination
   31         for licensure as a cosmetologist; requiring that
   32         certain persons desiring to be a cosmetologist apply
   33         to the department in writing under certain conditions;
   34         amending s. 481.209, F.S.; authorizing any person
   35         meeting certain criteria to take the examination for
   36         licensure as an architect or interior designer;
   37         requiring that such persons apply to the department in
   38         writing; requiring that persons applying for licensure
   39         as an interior designer remit a nonrefundable
   40         application fee; requiring that the department adopt a
   41         form for applications for licensure as an interior
   42         designer; amending s. 481.213, F.S.; providing
   43         conditions under which a nonresident who has been
   44         licensed as an architect in good standing for a
   45         specified period in another state qualifies for
   46         licensure as an architect in this state; amending s.
   47         489.111, F.S.; authorizing a person applying for
   48         licensure as a contractor to substitute for certain
   49         experience requirements the passing of a prelicensure
   50         course approved by the Construction Industry Licensing
   51         Board and established by department rule; amending s.
   52         489.115, F.S.; providing conditions under which a
   53         nonresident who has been licensed as a contractor in
   54         good standing for a specified period in another state
   55         qualifies for licensure as a contractor in this state;
   56         amending s. 489.118, F.S.; deleting an obsolete
   57         provision; amending s. 489.511, F.S.; providing
   58         conditions under which a nonresident who has been
   59         licensed as an electrical or alarm system contractor
   60         in good standing for a specified period in another
   61         state qualifies for licensure as an electrical or
   62         alarm system contractor in this state; amending s.
   63         489.515, F.S.; authorizing the Electrical Contractors'
   64         Licensing Board to adopt certain alternative means by
   65         which an applicant for certification may demonstrate
   66         financial responsibility; amending s. 492.105, F.S.;
   67         requiring that a person desiring to be licensed in
   68         this state as a geologist apply to the department on a
   69         form adopted by the department, remit a nonrefundable
   70         application fee, and meet certain requirements;
   71         providing an effective date.
   72  
   73  Be It Enacted by the Legislature of the State of Florida:
   74  
   75         Section 1. Section 455.2124, Florida Statutes, is amended
   76  to read:
   77         455.2124 Proration of or not requiring continuing
   78  education.—A board, or the department when there is no board,
   79  may:
   80         (1) Prorate continuing education for new licensees by
   81  requiring half of the required continuing education for any
   82  applicant who becomes licensed with more than half the renewal
   83  period remaining and no continuing education for any applicant
   84  who becomes licensed with half or less than half of the renewal
   85  period remaining; or
   86         (2) Require no continuing education until the first full
   87  renewal cycle of the licensee; or.
   88         (3)Require the completion of no more than one renewal
   89  cycle of continuing education requirements by an inactive
   90  licensee seeking to regain active status.
   91  
   92  These options shall also apply when continuing education is
   93  first required or the number of hours required is increased by
   94  law or the board, or the department when there is no board.
   95         Section 2. Subsection (3) of section 455.2179, Florida
   96  Statutes, is amended to read:
   97         455.2179 Continuing education provider and course approval;
   98  cease and desist orders.—
   99         (3) Each board authorized to approve continuing education
  100  providers, or the department if there is no board, may
  101  establish, by rule, a fee not to exceed $250 for anyone seeking
  102  approval to provide continuing education courses and may
  103  establish, by rule, a quadrennial biennial fee not to exceed
  104  $500 $250 for the renewal of providership of such courses. The
  105  Florida Real Estate Commission, authorized under the provisions
  106  of chapter 475 to approve prelicensure, precertification, and
  107  postlicensure education providers, may establish, by rule, an
  108  application fee not to exceed $250 for anyone seeking approval
  109  to offer prelicensure, precertification, or postlicensure
  110  education courses and may establish, by rule, a quadrennial
  111  biennial fee not to exceed $500 $250 for the renewal of such
  112  courses. Such postlicensure education courses are subject to the
  113  reporting, monitoring, and compliance provisions of this section
  114  and ss. 455.2177 and 455.2178.
  115         Section 3. Subsections (1), (2), and (3) of section
  116  455.2228, Florida Statutes, are amended to read:
  117         455.2228 Barbers and cosmetologists; instruction on HIV and
  118  AIDS.—
  119         (1) The board, or the department where there is no board,
  120  shall require each person licensed or certified under chapter
  121  476 or chapter 477 to complete a continuing educational course
  122  approved by the board, or the department where there is no
  123  board, on human immunodeficiency virus and acquired immune
  124  deficiency syndrome as part of quadrennial biennial relicensure
  125  or recertification. The course shall consist of education on
  126  modes of transmission, infection control procedures, clinical
  127  management, and prevention of human immunodeficiency virus and
  128  acquired immune deficiency syndrome, with an emphasis on
  129  appropriate behavior and attitude change.
  130         (2) When filing fees for each quadrennial biennial renewal,
  131  each licensee shall submit confirmation of having completed said
  132  course, on a form provided by the board or by the department if
  133  there is no board. At the time of the subsequent quadrennial
  134  biennial renewal when coursework is to be completed, if the
  135  licensee has not submitted confirmation which has been received
  136  and recorded by the board, or department if there is no board,
  137  the department shall not renew the license.
  138         (3) The board, or the department where there is no board,
  139  shall have the authority to approve additional equivalent
  140  courses that may be used to satisfy the requirements in
  141  subsection (1).
  142         Section 4. Subsection (2) of section 455.273, Florida
  143  Statutes, is amended to read:
  144         455.273 Renewal and cancellation notices.—
  145         (2) Each licensure renewal notification and each notice of
  146  pending cancellation of licensure must state conspicuously that
  147  a licensee who remains on inactive status for more than two
  148  consecutive quadrennial biennial licensure cycles and who wishes
  149  to reactivate the license may be required to demonstrate the
  150  competency to resume active practice by sitting for a special
  151  purpose examination or by completing other reactivation
  152  requirements, as defined by rule of the board or the department
  153  when there is no board.
  154         Section 5. Paragraph (a) of subsection (6) and subsections
  155  (7), (8), and (10) of section 455.271, Florida Statutes, are
  156  amended to read:
  157         455.271 Inactive and delinquent status.—
  158         (6)(a) A delinquent status licensee must affirmatively
  159  apply with a complete application, as defined by rule of the
  160  board, or the department if there is no board, for active or
  161  inactive status during the licensure cycle in which a licensee
  162  becomes delinquent. Failure by a delinquent status licensee to
  163  become active or inactive before the expiration of the current
  164  licensure cycle renders shall render the license void without
  165  any further action by the board or the department. Upon
  166  expiration of the license, the licensee may request in writing a
  167  grace period of 45 calendar days for the reactivation of the
  168  license. Along with the written request, the licensee must pay a
  169  fee not to exceed $50 and complete one renewal cycle of
  170  continuing education requirements.
  171  
  172  This subsection does not apply to individuals subject to
  173  regulation under chapter 473.
  174         (7) Each board, or the department when there is no board,
  175  shall, by rule, impose an additional delinquency fee, not to
  176  exceed the quadrennial biennial renewal fee for an active status
  177  license, on a delinquent status licensee when such licensee
  178  applies for active or inactive status.
  179         (8) Each board, or the department when there is no board,
  180  shall, by rule, impose an additional fee, not to exceed the
  181  quadrennial biennial renewal fee for an active status license,
  182  for processing a licensee's request to change licensure status
  183  at any time other than at the beginning of a licensure cycle.
  184         (10) Before reactivation, an inactive or delinquent
  185  licensee shall meet the same continuing education requirements,
  186  if any, imposed on an active status licensee for all quadrennial
  187  biennial licensure periods in which the licensee was inactive or
  188  delinquent.
  189         Section 6. Subsection (10) is added to section 468.403,
  190  Florida Statutes, to read:
  191         468.403 License requirements.—
  192         (10)A nonresident who has been licensed in good standing
  193  for 2 years in another state qualifies for licensure in this
  194  state if such nonresident completes a course on Florida laws and
  195  rules and passes the resulting examination.
  196         Section 7. Subsection (8) is added to section 468.453,
  197  Florida Statutes, to read:
  198         468.453 Licensure required; qualifications; license
  199  nontransferable; service of process; temporary license; license
  200  or application from another state.—
  201         (8)A nonresident who has been licensed in good standing
  202  for 2 years in another state qualifies for licensure in this
  203  state if such nonresident completes a course on Florida laws and
  204  rules and passes the resulting examination.
  205         Section 8. Subsection (5) is added to section 468.525,
  206  Florida Statutes, to read:
  207         468.525 License requirements.—
  208         (5)A nonresident who has been licensed in good standing
  209  for 2 years in another state qualifies for licensure in this
  210  state if such nonresident completes a course on Florida laws and
  211  rules and passes the resulting examination.
  212         Section 9. Section 468.613, Florida Statutes, is amended to
  213  read:
  214         468.613 Certification by endorsement.—The board shall
  215  examine other certification or training programs, as applicable,
  216  upon submission to the board for its consideration of an
  217  application for certification by endorsement. The board shall
  218  waive its examination, qualification, education, or training
  219  requirements, to the extent that such examination,
  220  qualification, education, or training requirements of the
  221  applicant are determined by the board to be comparable with
  222  those established by the board. A nonresident who has been
  223  licensed in good standing for 2 years in another state qualifies
  224  for licensure in this state if such nonresident completes a
  225  course on Florida laws and rules and passes the resulting
  226  examination.
  227         Section 10. Subsection (7) is added to section 469.005,
  228  Florida Statutes, to read:
  229         469.005 License requirements.—All applicants for licensure
  230  as either asbestos consultants or asbestos contractors shall:
  231         (7)If he or she is a nonresident who has been licensed in
  232  good standing for 2 years in another state, qualify for
  233  licensure in this state if he or she completes a course on
  234  Florida laws and rules and passes the resulting examination.
  235         Section 11. Subsection (3) is added to section 474.217,
  236  Florida Statutes, to read:
  237         474.217 Licensure by endorsement.—
  238         (3)A nonresident who has been licensed in good standing
  239  for 2 years in another state qualifies for licensure in this
  240  state if such nonresident completes a course on Florida laws and
  241  rules and passes the resulting examination.
  242         Section 12. Subsection (1) of section 475.180, Florida
  243  Statutes, is amended to read:
  244         475.180 Nonresident licenses.—
  245         (1) Notwithstanding the prelicensure requirements set forth
  246  under ss. 475.17(2) and (6) and 475.175, the commission in its
  247  discretion may enter into written agreements with similar
  248  licensing authorities of other states, territories, or
  249  jurisdictions of the United States or foreign national
  250  jurisdictions to ensure for Florida licensees nonresident
  251  licensure opportunities comparable to those afforded to
  252  nonresidents by this section. Whenever the commission determines
  253  that another jurisdiction does not offer nonresident licensure
  254  to Florida licensees substantially comparable to those afforded
  255  to licensees of that jurisdiction by this section, the
  256  commission shall require licensees of that jurisdiction who
  257  apply for nonresident licensure to meet education, experience,
  258  and examination requirements substantially comparable to those
  259  required by that jurisdiction with respect to Florida licensees
  260  who seek nonresident licensure, not to exceed such requirements
  261  as prescribed in ss. 475.17(2) and (6) and 475.175. A
  262  nonresident who has been licensed in good standing for 2 years
  263  in another state qualifies for licensure in this state if such
  264  nonresident completes a course on Florida laws and rules and
  265  passes the resulting examination.
  266         Section 13. Section 476.114, Florida Statutes, is amended
  267  to read:
  268         476.114 Examination; prerequisites.—
  269         (1)(a)A person who is at least 16 years of age may apply
  270  to take the exam for licensure as a cosmetologist.
  271         (b) A person desiring to be licensed as a barber shall
  272  apply to the department in writing if the applicant: for
  273  licensure.
  274         (2)An applicant shall be eligible for licensure by
  275  examination to practice barbering if the applicant:
  276         (a)Is at least 16 years of age;
  277         (b)Pays the required application fee; and
  278         (c)1. Holds an active valid license to practice barbering
  279  in another state, has held the license for at least 1 year, and
  280  does not qualify for licensure by endorsement as provided for in
  281  s. 476.144(5); or
  282         2. Has received a minimum of 1,200 hours of training as
  283  established by the board, which shall include, but shall not be
  284  limited to, the equivalent of completion of services directly
  285  related to the practice of barbering at one of the following:
  286         a. A school of barbering licensed pursuant to chapter 1005;
  287         b. A barbering program within the public school system; or
  288         c. A government-operated barbering program in this state.
  289  
  290  The board shall establish by rule procedures whereby the school
  291  or program may certify that a person is qualified to take the
  292  required examination after the completion of a minimum of 1,000
  293  actual school hours. If the person passes the examination, she
  294  or he shall have satisfied this requirement; but if the person
  295  fails the examination, she or he shall not be qualified to take
  296  the examination again until the completion of the full
  297  requirements provided by this section.
  298         (2)(3) An applicant who meets the requirements set forth in
  299  subparagraphs (1)(b)1. and 2. (2)(c)1. and 2. who fails to pass
  300  the examination may take subsequent examinations as many times
  301  as necessary to pass, except that the board may specify by rule
  302  reasonable timeframes for rescheduling the examination and
  303  additional training requirements for applicants who, after the
  304  third attempt, fail to pass the examination. Before Prior to
  305  reexamination, the applicant must file the appropriate form and
  306  pay the reexamination fee as required by rule.
  307         Section 14. Section 477.019, Florida Statutes, is amended
  308  to read:
  309         477.019 Cosmetologists; qualifications; licensure;
  310  supervised practice; license renewal; endorsement; continuing
  311  education.—
  312         (1)(a) A person who is at least 16 years of age may apply
  313  to take the examination for licensure as a cosmetologist
  314  desiring to be licensed as a cosmetologist shall apply to the
  315  department for licensure.
  316         (b)A person desiring to be licensed as a cosmetologist
  317  shall apply to the department in writing
  318         (2)An applicant shall be eligible for licensure by
  319  examination to practice cosmetology if the applicant:
  320         1.Has passed the licensure examination, achieving a
  321  passing grade as established by rule of the board;
  322         (a)Is at least 16 years of age or has received a high
  323  school diploma;
  324         (b)Pays the required application fee, which is not
  325  refundable, and the required examination fee, which is
  326  refundable if the applicant is determined to not be eligible for
  327  licensure for any reason other than failure to successfully
  328  complete the licensure examination; and
  329         2.(c)1. Is authorized to practice cosmetology in another
  330  state or country, has been so authorized for at least 1 year,
  331  and does not qualify for licensure by endorsement as provided
  332  for in subsection (6); or
  333         3.2. Has received, before examination, a minimum of 1,200
  334  hours of training as established by the board, which shall
  335  include, but shall not be limited to, the equivalent of
  336  completion of services directly related to the practice of
  337  cosmetology at one of the following:
  338         a. A school of cosmetology licensed pursuant to chapter
  339  1005.
  340         b. A cosmetology program within the public school system.
  341         c. The Cosmetology Division of the Florida School for the
  342  Deaf and the Blind, provided the division meets the standards of
  343  this chapter.
  344         d. A government-operated cosmetology program in this state.
  345  
  346  The board shall establish by rule procedures whereby the school
  347  or program may certify that a person is qualified to take the
  348  required examination after the completion of a minimum of 1,000
  349  actual school hours. If the person then passes the examination,
  350  he or she shall have satisfied this requirement; but if the
  351  person fails the examination, he or she shall not be qualified
  352  to take the examination again until the completion of the full
  353  requirements provided by this section.
  354         (2)(3) An application for the licensure examination for any
  355  license under this section may be submitted for examination
  356  approval in the last 100 hours of training by a pregraduate of a
  357  licensed cosmetology school or a program within the public
  358  school system, which school or program is certified by the
  359  Department of Education with fees as required in paragraph
  360  (2)(b). Upon approval, the applicant may schedule the
  361  examination on a date when the training hours are completed. An
  362  applicant shall have 6 months from the date of approval to take
  363  the examination. After the 6 months have passed, if the
  364  applicant failed to take the examination, the applicant must
  365  reapply. The board shall establish by rule the procedures for
  366  the pregraduate application process.
  367         (3)(4) Upon an applicant receiving a passing grade, as
  368  established by board rule, demonstrating qualifications under
  369  this section, on the examination and paying the initial
  370  licensing fee, the department shall issue a license to practice
  371  cosmetology.
  372         (4)(5) If an applicant passes all parts of the examination
  373  for licensure as a cosmetologist, he or she may practice in the
  374  time between passing the examination and receiving a physical
  375  copy of his or her license if he or she practices under the
  376  supervision of a licensed cosmetologist in a licensed salon. An
  377  applicant who fails any part of the examination may not practice
  378  as a cosmetologist and may immediately apply for reexamination.
  379         (5)(6) Renewal of license registration shall be
  380  accomplished pursuant to rules adopted by the board.
  381         (6)(7) The board shall adopt rules specifying procedures
  382  for the licensure by endorsement of practitioners desiring to be
  383  licensed in this state who hold a current active license in
  384  another state and who have met qualifications substantially
  385  similar to, equivalent to, or greater than the qualifications
  386  required of applicants from this state.
  387         (7)(8)(a) The board shall prescribe by rule continuing
  388  education requirements intended to ensure protection of the
  389  public through updated training of licensees and registered
  390  specialists, not to exceed 16 hours biennially, as a condition
  391  for renewal of a license or registration as a specialist under
  392  this chapter. Continuing education courses shall include, but
  393  not be limited to, the following subjects as they relate to the
  394  practice of cosmetology: human immunodeficiency virus and
  395  acquired immune deficiency syndrome; Occupational Safety and
  396  Health Administration regulations; workers’ compensation issues;
  397  state and federal laws and rules as they pertain to
  398  cosmetologists, cosmetology, salons, specialists, specialty
  399  salons, and booth renters; chemical makeup as it pertains to
  400  hair, skin, and nails; and environmental issues. Courses given
  401  at cosmetology conferences may be counted toward the number of
  402  continuing education hours required if approved by the board.
  403         (b) Any person whose occupation or practice is confined
  404  solely to hair braiding, hair wrapping, or body wrapping is
  405  exempt from the continuing education requirements of this
  406  subsection.
  407         (c) The board may, by rule, require any licensee in
  408  violation of a continuing education requirement to take a
  409  refresher course or refresher course and examination in addition
  410  to any other penalty. The number of hours for the refresher
  411  course may not exceed 48 hours.
  412         Section 15. Section 481.209, Florida Statutes, is amended
  413  to read:
  414         481.209 Examinations.—
  415         (1)(a)Any person may take the examination for licensure as
  416  an architect.
  417         (b) A person desiring to be licensed as a registered
  418  architect shall apply to the department in writing and must to
  419  take the licensure examination. The department shall administer
  420  the licensure examination for architects to each applicant who
  421  the board certifies:
  422         1.Have passed the examination for licensure by achieving a
  423  passing score as established by rule of the board;
  424         (a)Has completed the application form and remitted a
  425  nonrefundable application fee and an examination fee which is
  426  refundable if the applicant is found to be ineligible to take
  427  the examination;
  428         2.(b)1.Be Is a graduate of a school or college of
  429  architecture accredited by the National Architectural
  430  Accreditation Board; or
  431         3.2.Be Is a graduate of an approved architectural
  432  curriculum, evidenced by a degree from an unaccredited school or
  433  college of architecture approved by the board. The board shall
  434  adopt rules providing for the review and approval of
  435  unaccredited schools and colleges of architecture and courses of
  436  architectural study based on a review and inspection by the
  437  board of the curriculum of accredited schools and colleges of
  438  architecture in the United States; and
  439         4.(c)Have Has completed, before prior to examination, 1
  440  year of the internship experience required by s. 481.211(1).
  441         (2)(a)Any person may take the examination for licensure as
  442  an interior designer.
  443         (b) A person desiring to be licensed as a registered
  444  interior designer shall apply to the department in writing on a
  445  form prescribed by the department, shall remit a nonrefundable
  446  application fee, and must for licensure. The department shall
  447  administer the licensure examination for interior designers to
  448  each applicant who has completed the application form and
  449  remitted the application and examination fees specified in s.
  450  481.207 and who the board certifies:
  451         1.Have passed the examination for licensure;
  452         2.(a)Be Is a graduate from an interior design program of 5
  453  years or more and have has completed 1 year of diversified
  454  interior design experience;
  455         3.(b)Be Is a graduate from an interior design program of 4
  456  years or more and have has completed 2 years of diversified
  457  interior design experience;
  458         4.(c)Have Has completed at least 3 years in an interior
  459  design curriculum and have has completed 3 years of diversified
  460  interior design experience; or
  461         5.(d)Be Is a graduate from an interior design program of
  462  at least 2 years and have has completed 4 years of diversified
  463  interior design experience.
  464  
  465  Subsequent to October 1, 2000, for the purpose of having the
  466  educational qualification required under this subsection
  467  accepted by the board, the applicant must complete his or her
  468  education at a program, school, or college of interior design
  469  whose curriculum has been approved by the board as of the time
  470  of completion. Subsequent to October 1, 2003, all of the
  471  required amount of educational credits shall have been obtained
  472  in a program, school, or college of interior design whose
  473  curriculum has been approved by the board, as of the time each
  474  educational credit is gained. The board shall adopt rules
  475  providing for the review and approval of programs, schools, and
  476  colleges of interior design and courses of interior design study
  477  based on a review and inspection by the board of the curriculum
  478  of programs, schools, and colleges of interior design in the
  479  United States, including those programs, schools, and colleges
  480  accredited by the Foundation for Interior Design Education
  481  Research. The board shall adopt rules providing for the review
  482  and approval of diversified interior design experience required
  483  by this subsection.
  484         Section 16. Subsection (8) is added to section 481.213,
  485  Florida Statutes, to read:
  486         481.213 Licensure.—
  487         (8)A nonresident who has been licensed in good standing
  488  for 2 years in another state qualifies for licensure in this
  489  state if such nonresident completes a course on Florida laws and
  490  rules and passes the resulting examination.
  491         Section 17. Present subsections (3) and (4) of section
  492  489.111, Florida Statutes, are renumbered as subsections (4) and
  493  (5), respectively, and a new subsection (3) is added to that
  494  section, to read:
  495         489.111 Licensure by examination.—
  496         (3)Successfully passing a prelicensure course approved by
  497  the Construction Industry Licensing Board and established by
  498  department rule may be substituted for the experience
  499  requirements set forth in subsection (2).
  500         Section 18. Subsection (10) is added to section 489.115,
  501  Florida Statutes, to read:
  502         489.115 Certification and registration; endorsement;
  503  reciprocity; renewals; continuing education.—
  504         (10)A nonresident who has been licensed in good standing
  505  for 2 years in another state qualifies for licensure in this
  506  state if such nonresident completes a course on Florida laws and
  507  rules and passes the resulting examination.
  508         Section 19. Section 489.118, Florida Statutes, is amended
  509  to read:
  510         489.118 Certification of registered contractors;
  511  grandfathering provisions.—The board shall, upon receipt of a
  512  completed application and appropriate fee, issue a certificate
  513  in the appropriate category to any contractor registered under
  514  this part who makes application to the board and can show that
  515  he or she meets each of the following requirements:
  516         (1) Currently holds a valid registered local license in one
  517  of the contractor categories defined in s. 489.105(3)(a)-(p).
  518         (2) Has, for that category, passed a written examination
  519  that the board finds to be substantially similar to the
  520  examination required to be licensed as a certified contractor
  521  under this part. For purposes of this subsection, a written,
  522  proctored examination such as that produced by the National
  523  Assessment Institute, Block and Associates, NAI/Block, Experior
  524  Assessments, Professional Testing, Inc., or Assessment Systems,
  525  Inc., is shall be considered to be substantially similar to the
  526  examination required to be licensed as a certified contractor.
  527  The board may not impose or make any requirements regarding the
  528  nature or content of these cited examinations.
  529         (3) Has at least 5 years of experience as a contractor in
  530  that contracting category, or as an inspector or building
  531  administrator with oversight over that category, at the time of
  532  application. For contractors, only time periods in which the
  533  contractor license is active and the contractor is not on
  534  probation shall count toward the 5 years required by this
  535  subsection.
  536         (4) Has not had his or her contractor's license revoked at
  537  any time, had his or her contractor's license suspended within
  538  the last 5 years, or been assessed a fine in excess of $500
  539  within the last 5 years.
  540         (5) Is in compliance with the insurance and financial
  541  responsibility requirements in s. 489.115(5).
  542  
  543  Applicants wishing to obtain a certificate pursuant to this
  544  section must make application by November 1, 2005.
  545         Section 20. Subsection (7) is added to section 489.511,
  546  Florida Statutes, to read:
  547         489.511 Certification; application; examinations;
  548  endorsement.—
  549         (7)A nonresident who has been licensed in good standing
  550  for 2 years in another state qualifies for licensure in this
  551  state if such nonresident completes a course on Florida laws and
  552  rules and passes the resulting examination.
  553         Section 21. Paragraph (b) of subsection (1) of section
  554  489.515, Florida Statutes, is amended to read:
  555         489.515 Issuance of certificates; registrations.—
  556         (1)
  557         (b) The board shall certify as qualified for certification
  558  any person who satisfies the requirements of s. 489.511 and who
  559  submits satisfactory evidence that he or she has obtained both
  560  workers' compensation insurance or an acceptable exemption
  561  certificate issued by the department and public liability and
  562  property damage insurance for the health, safety, and welfare of
  563  the public in amounts determined by rule of the board, and
  564  furnishes evidence of financial responsibility, credit, and
  565  business reputation of either himself or herself or the business
  566  organization he or she desires to qualify. The board may adopt
  567  rules authorizing an alternative means by which an applicant may
  568  demonstrate financial responsibility by requiring minimum credit
  569  scores or bonds payable as prescribed by rule for financially
  570  responsible officers under s. 489.1195.
  571         Section 22. Subsection (1) of section 492.105, Florida
  572  Statutes, is amended to read:
  573         492.105 Licensure by examination; requirements; fees.—
  574         (1)(a) Any person who is at least 18 years of age may take
  575  the examination for licensure as a geologist.
  576         (b)Any person desiring to be licensed as a professional
  577  geologist shall apply to the department in writing on a form
  578  adopted by the department, shall remit a nonrefundable
  579  application fee, and must to take the licensure examination. The
  580  written licensure examination shall be designed to test an
  581  applicant’s qualifications to practice professional geology, and
  582  shall include such subjects as will tend to ascertain the
  583  applicant’s knowledge of the theory and the practice of
  584  professional geology and may include such subjects as are taught
  585  in curricula of accredited colleges and universities. The
  586  department shall examine each applicant who the board certifies:
  587         1.Have passed the examination for licensure by achieving a
  588  passing score as established by rule of the board.
  589         (a)Has completed the application form and remitted a
  590  nonrefundable application fee and an examination fee which is
  591  refundable if the applicant is found to be ineligible to take
  592  the examination.
  593         (b)Is at least 18 years of age.
  594         2.(c)Have Has not committed any act or offense in any
  595  jurisdiction which would constitute the basis for disciplining a
  596  professional geologist licensed pursuant to this chapter.
  597         3.(d)Fulfill Fulfills the following educational
  598  requirements at a college or university the geological curricula
  599  of which meet the criteria established by an accrediting agency
  600  recognized by the United States Department of Education:
  601         a.1. Graduation from such college or university with a
  602  major in geology or other related science acceptable to the
  603  board; and
  604         b.2. Satisfactory completion of at least 30 semester hours
  605  of geological courses, 24 of which must be at the third or
  606  fourth year or graduate level.
  607         4.(e)Have Has at least 7 years of professional geological
  608  work experience, which shall include a minimum of 3 years of
  609  professional geological work under the supervision of a licensed
  610  or qualified geologist or professional engineer registered under
  611  chapter 471 as qualified in the field or discipline of
  612  professional engineering involved; or have a minimum of 5
  613  accumulative years’ experience in responsible charge of
  614  geological work. The following criteria of education and
  615  experience qualify, as specified, toward accumulation of the
  616  required 7 years of professional geological work:
  617         a.1. Each year of undergraduate study in the geological
  618  sciences shall count as 1/2 year of the experience requirement,
  619  up to a maximum of 2 years, and each year of graduate study
  620  shall count as 1 year of the experience requirement.
  621         b.2. Credit for undergraduate study, graduate study, and
  622  graduate courses, individually or in any combination thereof,
  623  shall in no case exceed a total of 2 years toward meeting the
  624  requirements for at least 7 years of professional geological
  625  work.
  626         c.3. Full-time teaching or research in the geological
  627  sciences at the college level shall be credited year for year
  628  toward meeting the requirement in this category.
  629         d.4. The ability of the applicant shall have been
  630  demonstrated by his or her having performed the work in a
  631  responsible position as determined by the board.
  632         Section 23. This act shall take effect upon becoming a law.