CS/HB 425

1	A bill to be entitled
2	An act relating to the Department of Business and
3	Professional Regulation; amending s. 455.213, F.S.;
4	deleting signature notarization from the information that
5	the department may require in documents submitted for the
6	issuance or renewal of a license; prescribing when an
7	application is received for purposes of certain
8	requirements of the Administrative Procedure Act; amending
9	s. 455.227, F.S.; establishing additional grounds for
10	discipline of professions subject to regulation;
11	prohibiting the failure to report criminal convictions and
12	pleas; prohibiting the failure to complete certain
13	treatment programs; providing penalties; creating s.
14	455.2274, F.S.; authorizing the department's
15	representative to appear in criminal proceedings under
16	certain circumstances and provide certain assistance to
17	the court; amending s. 455.2281, F.S.; authorizing the
18	department to set unlicensed activities special fees for
19	each profession; authorizing the department to adopt rules
20	that reduce or waive the fees under certain circumstances;
21	amending s. 473.305, F.S.; deleting an examination late
22	filing fee applicable to certified public accountant
23	examinees; amending s. 473.311, F.S.; deleting a provision
24	requiring passage of a rules examination for renewal of
25	license as a certified public accountant; amending s.
26	473.313, F.S.; deleting a provision requiring passage of
27	an examination as a condition for reactivation of an
28	inactive license as a certified public accountant;
29	amending s. 475.175, F.S.; deleting the option to submit a
30	notarized application for a real estate broker or sales
31	associate license; amending s. 475.451, F.S.; limiting the
32	attorney exemption from continuing education requirements
33	to attorneys in good standing with The Florida Bar;
34	amending s. 475.615, F.S.; deleting a requirement that an
35	application for a real estate appraiser certification be
36	notarized; amending ss. 476.134 and 476.144, F.S.;
37	requiring a written examination for a barbering license;
38	deleting provisions for a practical examination for
39	barbering license applicants; amending s. 489.109, F.S.;
40	limiting fees for registration or certification to qualify
41	a business organization for contracting; deleting
42	provisions relating to a business organization's
43	certificate of authority to conform to changes made by the
44	act; amending s. 489.114, F.S.; deleting provisions
45	relating to a business organization's certificate of
46	authority to conform to changes made by the act; amending
47	s. 489.117, F.S.; deleting provisions requiring a
48	contractor applicant to submit proof of a local
49	occupational license; amending s. 489.119, F.S.; deleting
50	provisions for the issuance of a certificate of authority
51	to a business organization for contracting; requiring a
52	contractor to apply for registration or certification to
53	qualify a business organization as the qualifying agent;
54	authorizing the Construction Industry Licensing Board to
55	deny a registration or certification to qualify a business
56	organization under certain circumstances; requiring the
57	qualifying agent of a business organization to present
58	certain evidence to the board; providing that the board
59	has discretion to approve a business organization;
60	amending ss. 489.127, 489.128, 489.129, and 489.132, F.S.;
61	deleting provisions relating to a business organization's
62	certificate of authority for contracting to conform to
63	changes made by the act; amending s. 489.513, F.S.;
64	deleting a requirement that the local license required for
65	an electrical or alarm system contractor be an
66	occupational license; amending s. 509.233, F.S.;
67	authorizing local governments to establish, by ordinance,
68	local exemption procedures to allow patrons' dogs within
69	certain designated outdoor portions of public food service
70	establishments; deleting provisions for a pilot program
71	that limits the authority for such local exemption
72	procedures to a specified time; deleting a provision that
73	provides for the future review and repeal of such pilot
74	program; amending s. 548.002, F.S.; defining the term
75	"event" for regulation of pugilistic exhibitions; amending
76	s. 548.003, F.S.; authorizing the Florida State Boxing
77	Commission to adopt criteria for the approval of certain
78	amateur sanctioning organizations; authorizing the
79	commission to adopt health and safety standards for
80	amateur mixed martial arts; reenacting ss. 468.436(2)(a),
81	468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
82	472.033(1)(a), 473.323(1)(a), 475.25(1)(a), 475.624(1),
83	476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and
84	481.325(1)(a), F.S., relating to the discipline of
85	community association managers or firms, home inspectors,
86	mold assessors and remediators, engineers, surveyors and
87	mappers, certified public accountants and accounting
88	firms, real estate brokers and sales associates, real
89	estate appraisers, barbers, cosmetologists, architects,
90	and landscape architects, to incorporate the amendment
91	made to s. 455.227, F.S., in references thereto; repealing
92	s. 509.201, F.S., relating to posting and advertising the
93	room rates of a public lodging establishment and related
94	penalties; providing an effective date.
95
96	Be It Enacted by the Legislature of the State of Florida:
97
98	Section 1.  Subsection (1) of section 455.213, Florida
99	Statutes, is amended to read:
100	455.213  General licensing provisions.--
101	(1)  Any person desiring to be licensed shall apply to the
102	department in writing. The application for licensure shall be
103	submitted made on a form prescribed prepared and furnished by
104	the department and must include the applicant's social security
105	number. Notwithstanding any other provision of law, the
106	department is the sole authority for determining the contents of
107	any documents to be submitted for initial licensure and
108	licensure renewal. Such documents may contain information
109	including, as appropriate: demographics, education, work
110	history, personal background, criminal history, finances,
111	business information, complaints, inspections, investigations,
112	discipline, bonding, signature notarization, photographs,
113	performance periods, reciprocity, local government approvals,
114	supporting documentation, periodic reporting requirements,
115	fingerprint requirements, continuing education requirements, and
116	ongoing education monitoring. The application shall be
117	supplemented as needed to reflect any material change in any
118	circumstance or condition stated in the application which takes
119	place between the initial filing of the application and the
120	final grant or denial of the license and which might affect the
121	decision of the department. In order to further the economic
122	development goals of the state, and notwithstanding any law to
123	the contrary, the department may enter into an agreement with
124	the county tax collector for the purpose of appointing the
125	county tax collector as the department's agent to accept
126	applications for licenses and applications for renewals of
127	licenses. The agreement must specify the time within which the
128	tax collector must forward any applications and accompanying
129	application fees to the department. In cases where a person
130	applies or schedules directly with a national examination
131	organization or examination vendor to take an examination
132	required for licensure, any organization- or vendor-related fees
133	associated with the examination may be paid directly to the
134	organization or vendor. An application is received for purposes
135	of s. 120.60 upon the department's receipt of the application
136	submitted in the format prescribed by the department; the
137	application fee set by the board or, if there is no board, set
138	by the department; and any other fee required by law or rule to
139	be remitted with the application.
140	Section 2.  Paragraphs (t) and (u) are added to subsection
141	(1) of section 455.227, Florida Statutes, to read:
142	455.227  Grounds for discipline; penalties; enforcement.--
143	(1)  The following acts shall constitute grounds for which
144	the disciplinary actions specified in subsection (2) may be
145	taken:
146	(t)  Failing to report in writing to the board or, if there
147	is no board, to the department within 30 days after the licensee
148	is convicted or found guilty of, or entered a plea of nolo
149	contendere or guilty to, regardless of adjudication, a crime in
150	any jurisdiction. A licensee must report a conviction, finding
151	of guilt, plea, or adjudication entered before the effective
152	date of this paragraph within 30 days after the effective date
153	of this paragraph.
154	(u)  Termination from a treatment program for impaired
155	practitioners as described in s. 456.076 for failure to comply,
156	without good cause, with the terms of the monitoring or
157	treatment contract entered into by the licensee or failing to
158	successfully complete a drug or alcohol treatment program.
159	Section 3.  Section 455.2274, Florida Statutes, is created
160	to read:
161	455.2274  Criminal proceedings against licensees;
162	appearances by department representatives.--A representative of
163	the department may voluntarily appear in a criminal proceeding
164	brought against a person licensed by the department to practice
165	a profession regulated by the state. The department's
166	representative is authorized to furnish pertinent information,
167	make recommendations regarding specific conditions of probation,
168	and provide other assistance to the court necessary to promote
169	justice or protect the public. The court may order a
170	representative of the department to appear in a criminal
171	proceeding if the crime charged is substantially related to the
172	qualifications, functions, or duties of a license regulated by
173	the department.
174	Section 4.  Section 455.2281, Florida Statutes, is amended
175	to read:
176	455.2281  Unlicensed activities; fees; disposition.--In
177	order to protect the public and to ensure a consumer-oriented
178	department, it is the intent of the Legislature that vigorous
179	enforcement of regulation for all professional activities is a
180	state priority. All enforcement costs should be covered by
181	professions regulated by the department. Therefore, the
182	department may shall impose, upon initial licensure and each
183	renewal thereof, a special fee not to exceed of $5 per licensee.
184	The Such fee shall be set by the department by rule for each
185	profession and shall be in addition to all other fees collected
186	from each licensee and shall fund efforts to combat unlicensed
187	activity. Any profession regulated by the department which
188	offers services that are not subject to regulation when provided
189	by an unlicensed person may use funds in its unlicensed activity
190	account to inform the public of such situation. The board with
191	concurrence of the department, or the department when there is
192	no board, may earmark up to $5 of the current licensure fee for
193	this purpose, if such board, or profession regulated by the
194	department, is not in a deficit and has a reasonable cash
195	balance. The department may adopt rules to waive an unlicensed
196	activity special fee for up to 2 years if both the operating
197	account and the unlicensed activity account have an excess cash
198	balance. A board or profession regulated by the department may
199	authorize the transfer of funds from the operating fund account
200	to the unlicensed activity account of that profession if the
201	operating fund account is not in a deficit and has a reasonable
202	cash balance. The department shall make direct charges to this
203	fund by profession and shall not allocate indirect overhead. The
204	department shall seek board advice regarding enforcement methods
205	and strategies prior to expenditure of funds; however, the
206	department may, without board advice, allocate funds to cover
207	the costs of continuing education compliance monitoring under s.
208	455.2177. The department shall directly credit, by profession,
209	revenues received from the department's efforts to enforce
210	licensure provisions. The department shall include all financial
211	and statistical data resulting from unlicensed activity
212	enforcement and from continuing education compliance monitoring
213	as separate categories in the quarterly management report
214	provided for in s. 455.219. The department shall not charge the
215	account of any profession for the costs incurred on behalf of
216	any other profession. For an unlicensed activity account, a
217	balance which remains at the end of a renewal cycle may, with
218	concurrence of the applicable board and the department, be
219	transferred to the operating fund account of that profession.
220	Section 5.  Section 473.305, Florida Statutes, is amended
221	to read:
222	473.305  Fees.--The board, by rule, may establish fees to
223	be paid for applications, examination, reexamination, licensing
224	and renewal, reinstatement, and recordmaking and recordkeeping.
225	The fee for the examination shall be established at an amount
226	that covers the costs for the procurement or development,
227	administration, grading, and review of the examination. The fee
228	for the examination is refundable if the applicant is found to
229	be ineligible to sit for the examination. The fee for initial
230	application is nonrefundable, and the combined fees for
231	application and examination may not exceed $250 plus the actual
232	per applicant cost to the department for purchase of the
233	examination from the American Institute of Certified Public
234	Accountants or a similar national organization. The biennial
235	renewal fee may not exceed $250. The board may also establish,
236	by rule, a reactivation fee, a late filing fee for the law and
237	rules examination, and a delinquency fee not to exceed $50 for
238	continuing professional education reporting forms. The board
239	shall establish fees which are adequate to ensure the continued
240	operation of the board and to fund the proportionate expenses
241	incurred by the department which are allocated to the regulation
242	of public accountants. Fees shall be based on department
243	estimates of the revenue required to implement this chapter and
244	the provisions of law with respect to the regulation of
245	certified public accountants.
246	Section 6.  Subsection (1) of section 473.311, Florida
247	Statutes, is amended to read:
248	473.311  Renewal of license.--
249	(1)  The department shall renew a license upon receipt of
250	the renewal application and fee and upon certification by the
251	board that the licensee has satisfactorily completed the
252	continuing education requirements of s. 473.312 and has passed
253	an examination approved by the board on chapter 455 and this
254	chapter and the related administrative rules. However, each
255	licensee must complete the requirements of s. 473.312(1)(c)
256	prior to taking the examination.
257	Section 7.  Subsection (3) of section 473.313, Florida
258	Statutes, is amended to read:
259	473.313  Inactive status.--
260	(3)  Any licensee holding an inactive license may be
261	permitted to reactivate such license in a conditional manner.
262	The conditions of reactivation shall require, in addition to the
263	payment of fees, the passing of the examination approved by the
264	board concerning chapter 455 and this chapter, and the related
265	administrative rules, and the completion of required continuing
266	education.
267	Section 8.  Paragraph (a) of subsection (1) of section
268	475.175, Florida Statutes, is amended to read:
269	475.175  Examinations.--
270	(1)  A person shall be entitled to take the license
271	examination to practice in this state if the person:
272	(a)  Submits to the department the appropriate notarized or
273	electronically authenticated application and fee, and a
274	fingerprint card. The fingerprint card shall be forwarded to the
275	Division of Criminal Justice Information Systems within the
276	Department of Law Enforcement for purposes of processing the
277	fingerprint card to determine if the applicant has a criminal
278	history record. The fingerprint card shall also be forwarded to
279	the Federal Bureau of Investigation for purposes of processing
280	the fingerprint card to determine if the applicant has a
281	criminal history record. The information obtained by the
282	processing of the fingerprint card by the Florida Department of
283	Law Enforcement and the Federal Bureau of Investigation shall be
284	sent to the department for the purpose of determining if the
285	applicant is statutorily qualified for examination. Effective
286	July 1, 2006, an applicant shall provide fingerprints in
287	electronic format.
288	Section 9.  Subsection (6) of section 475.451, Florida
289	Statutes, is amended to read:
290	475.451  Schools teaching real estate practice.--
291	(6)  Any course prescribed by the commission as a condition
292	precedent to any person's becoming initially licensed as a sales
293	associate may be taught in any real estate school through the
294	use of a video tape of instruction by a currently permitted
295	instructor from any such school or may be taught by distance
296	learning pursuant to s. 475.17(2). The commission may require
297	that any such video tape course have a single session of live
298	instruction by a currently permitted instructor from any such
299	school; however, this requirement shall not exceed 3 classroom
300	hours. All other prescribed courses, except the continuing
301	education course required by s. 475.182, shall be taught by a
302	currently permitted school instructor personally in attendance
303	at such course or by distance learning pursuant to s. 475.17.
304	The continuing education course required by s. 475.182 may be
305	taught by distance learning pursuant to s. 475.17 or by an
306	equivalent correspondence course; however, any such
307	correspondence course shall be required to have a final
308	examination, prepared and administered by the school issuing the
309	correspondence course. The continuing education requirements
310	provided in this section or provided in any other section in
311	this chapter do not apply with respect to an any attorney who is
312	otherwise qualified under the provisions of this chapter and who
313	is certified as a member in good standing by The Florida Bar.
314	Section 10.  Subsection (5) of section 475.615, Florida
315	Statutes, is amended to read:
316	475.615  Qualifications for registration or
317	certification.--
318	(5)  At the time of filing an a notarized application for
319	registration or certification, the applicant must sign a pledge
320	to comply with the Uniform Standards of Professional Appraisal
321	Practice upon registration or certification and must indicate in
322	writing that she or he understands the types of misconduct for
323	which disciplinary proceedings may be initiated. The application
324	shall expire 1 year after the date received.
325	Section 11.  Subsection (1) of section 476.134, Florida
326	Statutes, is amended to read:
327	476.134  Examinations.--
328	(1)  Examinations of applicants for licenses as barbers
329	shall be offered not less than four times each year. The
330	examination of applicants for licenses as barbers shall may
331	include both a practical demonstration and a written test. The
332	board shall have the authority to adopt rules with respect to
333	the examination of applicants for licensure. The board may
334	provide rules with respect to written or practical examinations
335	in such manner as the board may deem fit.
336	Section 12.  Paragraph (b) of subsection (6) of section
337	476.144, Florida Statutes, is amended to read:
338	476.144  Licensure.--
339	(6)  A person may apply for a restricted license to
340	practice barbering. The board shall adopt rules specifying
341	procedures for an applicant to obtain a restricted license if
342	the applicant:
343	(b)  Passes a written examination on the laws and rules
344	governing the practice of barbering in Florida, as established
345	by the board, and a practical examination approved by the board.
346
347	The restricted license shall limit the licensee's practice to
348	those specific areas in which the applicant has demonstrated
349	competence pursuant to rules adopted by the board.
350	Section 13.  Paragraph (c) of subsection (1) of section
351	489.109, Florida Statutes, is redesignated as paragraph (d),
352	present paragraph (d) is amended, and a new paragraph (c) is
353	added to that subsection, to read:
354	489.109  Fees.--
355	(1)  The board, by rule, shall establish reasonable fees to
356	be paid for applications, certification and renewal,
357	registration and renewal, and recordmaking and recordkeeping.
358	The fees shall be established as follows:
359	(c)  With respect to an application for registration or
360	certification to qualify a business organization, the initial
361	application fee and the renewal fee may not exceed $50.
362	(d)  The board, by rule, may establish a fee for transfer
363	of a certificate of authority from one business organization to
364	another, not to exceed the applicable renewal fee.
365	Section 14.  Section 489.114, Florida Statutes, is amended
366	to read:
367	489.114  Evidence of workers' compensation
368	coverage.--Except as provided in s. 489.115(5)(d), any person,
369	business organization, or qualifying agent engaged in the
370	business of contracting in this state and certified or
371	registered under this part shall, as a condition precedent to
372	the issuance or renewal of a certificate or, registration, or
373	certificate of authority of the contractor, provide to the
374	Construction Industry Licensing Board, as provided by board
375	rule, evidence of workers' compensation coverage pursuant to
376	chapter 440. In the event that the Division of Workers'
377	Compensation of the Department of Financial Services receives
378	notice of the cancellation of a policy of workers' compensation
379	insurance insuring a person or entity governed by this section,
380	the Division of Workers' Compensation shall certify and identify
381	all persons or entities by certification or registration license
382	number to the department after verification is made by the
383	Division of Workers' Compensation that persons or entities
384	governed by this section are no longer covered by workers'
385	compensation insurance. Such certification and verification by
386	the Division of Workers' Compensation may result from records
387	furnished to the Division of Workers' Compensation by the
388	persons or entities governed by this section or an investigation
389	completed by the Division of Workers' Compensation. The
390	department shall notify the persons or entities governed by this
391	section who have been determined to be in noncompliance with
392	chapter 440, and the persons or entities notified shall provide
393	certification of compliance with chapter 440 to the department
394	and pay an administrative fine in the amount of $500. The
395	failure to maintain workers' compensation coverage as required
396	by law shall be grounds for the board to revoke, suspend, or
397	deny the issuance or renewal of a certificate or, registration,
398	or certificate of authority of the contractor under the
399	provisions of s. 489.129.
400	Section 15.  Paragraph (a) of subsection (1) of section
401	489.117, Florida Statutes, is amended to read:
402	489.117  Registration; specialty contractors.--
403	(1)(a)  Any person engaged in the business of a contractor
404	in the state shall be registered in the proper classification,
405	unless he or she is certified. Any person entering the business
406	of a contractor shall be registered before prior to engaging in
407	business as a contractor, unless he or she is certified. To be
408	initially registered, the applicant shall submit the required
409	fee and file evidence, in a form provided by the department, of
410	holding a current local occupational license required by any
411	municipality, county, or development district, if any, for the
412	type of work for which registration is desired and evidence of
413	successful compliance with the local examination and licensing
414	requirements, if any, in the area for which registration is
415	desired. An No examination is not shall be required for
416	registration.
417	Section 16.  Section 489.119, Florida Statutes, is amended
418	to read:
419	489.119  Business organizations; qualifying agents.--
420	(1)  If an individual proposes to engage in contracting in
421	the individual's own name, or a fictitious name where the
422	individual is doing business as a sole proprietorship,
423	registration or certification may be issued only to that
424	individual.
425	(2)  If the applicant proposes to engage in contracting as
426	a business organization, including any partnership, corporation,
427	business trust, or other legal entity, or in any name other than
428	the applicant's legal name or a fictitious name where the
429	applicant is doing business as a sole proprietorship, the
430	applicant business organization must apply for registration or
431	certification as the for a certificate of authority through a
432	qualifying agent of the business organization and under the
433	fictitious name, if any.
434	(a)  An The application for registration or certification
435	to qualify a business organization a certificate of authority
436	must state the name of the partnership and of its partners; the
437	name of the corporation and of its officers and directors and
438	the name of each of its stockholders who is also an officer or
439	director; the name of the business trust and its trustees; or
440	the name of such other legal entity and its members; and must
441	state the fictitious name, if any, under which the business
442	organization is doing business.
443	(b)1.  An The application for registration or certification
444	to qualify a business organization primary qualifying agent must
445	include an affidavit on a form provided by the board attesting
446	that the applicant has final approval authority for all
447	construction work performed by the business organization entity
448	and that the applicant has final approval authority on all
449	business matters, including contracts, specifications, checks,
450	drafts, or payments, regardless of the form of payment, made by
451	the business organization entity, except where a financially
452	responsible officer is approved.
453	2.  The application for financially responsible officer
454	must include an affidavit on a form provided by the board
455	attesting that the applicant's approval is required for all
456	checks, drafts, or payments, regardless of the form of payment,
457	made by the business organization entity and that the applicant
458	has authority to act for the business organization in all
459	financial matters.
460	3.  The application for secondary qualifying agent must
461	include an affidavit on a form provided by the board attesting
462	that the applicant has authority to supervise all construction
463	work performed by the business organization entity as provided
464	in s. 489.1195(2).
465	(c)  The board may deny an application for registration or
466	certification to qualify a business organization if the
467	applicant, or any person listed in paragraph (a), has been
468	involved in past disciplinary actions or on any grounds for
469	which an individual registration or certification may be denied.
470	(d)(b)  The applicant must furnish evidence of statutory
471	compliance if a fictitious name is used, the provisions of s.
472	865.09(7) notwithstanding.
473	(e)(c)  A joint venture, including a joint venture composed
474	of qualified business organizations, is itself a separate and
475	distinct organization that must be qualified and obtain a
476	certificate of authority in accordance with board rules.
477	(d)  A certificate of authority must be renewed every 2
478	years. If there is a change in any information that is required
479	to be stated on the application, the business organization
480	shall, within 45 days after such change occurs, mail the correct
481	information to the department.
482	(3)(a)  A The qualifying agent must shall be certified or
483	registered under this part in order for the business
484	organization to operate be issued a certificate of authority in
485	the category of contracting in the business conducted for which
486	the qualifying agent is certified or registered. If any
487	qualifying agent ceases to be affiliated with a such business
488	organization, he or she shall so inform the department. In
489	addition, if the such qualifying agent is the only certified or
490	registered contractor affiliated with the business organization,
491	the business organization shall notify the department of the
492	termination of the qualifying agent and shall have 60 days from
493	the termination of the qualifying agent's affiliation with the
494	business organization in which to employ another qualifying
495	agent. The business organization may not engage in contracting
496	until a qualifying agent is employed, unless the executive
497	director or chair of the board has granted a temporary
498	nonrenewable certificate or registration to the financially
499	responsible officer, the president, a partner, or, in the case
500	of a limited partnership, the general partner, who assumes all
501	responsibilities of a primary qualifying agent for the business
502	organization entity. This temporary certificate or registration
503	shall only allow the business organization entity to proceed
504	with incomplete contracts. For the purposes of this paragraph,
505	an incomplete contract is one which has been awarded to, or
506	entered into by, the business organization prior to the
507	cessation of affiliation of the qualifying agent with the
508	business organization or one on which the business organization
509	was the low bidder and the contract is subsequently awarded,
510	regardless of whether any actual work has commenced under the
511	contract prior to the qualifying agent ceasing to be affiliated
512	with the business organization.
513	(b)  The qualifying agent shall inform the department in
514	writing when he or she proposes to engage in contracting in his
515	or her own name or in affiliation with another business
516	organization, and he or she or such new business organization
517	shall supply the same information to the department as required
518	of applicants under this part.
519	(c)  Upon a favorable determination by the board, after
520	investigation of the financial responsibility, credit, and
521	business reputation of the qualifying agent and the new business
522	organization, the department shall issue, without an
523	examination, a new certificate of authority in the business
524	organization's name.
525	(4)  Disciplinary action against a business organization
526	holding a certificate of authority shall be administered in the
527	same manner and on the same grounds as disciplinary action
528	against a contractor. The board may deny the certification of
529	any person cited in subsection (2) if the person has been
530	involved in past disciplinary actions or on any grounds for
531	which individual certification can be denied.
532	(4)(5)  When a certified qualifying agent, on behalf of a
533	business organization, makes application for an occupational
534	license in any municipality or county of this state, the
535	application shall be made with the tax collector in the name of
536	the business organization and the qualifying agent; and the
537	license, when issued, shall be issued to the business
538	organization, upon payment of the appropriate licensing fee and
539	exhibition to the tax collector of a valid certificate for the
540	qualifying agent and a valid certificate of authority for the
541	business organization issued by the department, and the state
542	license numbers shall be noted thereon.
543	(5)(6)(a)  Each registered or certified contractor shall
544	affix the number of his or her registration or certification to
545	each application for a building permit and on each building
546	permit issued and recorded. Each city or county building
547	department shall require, as a precondition for the issuance of
548	the building permit, that the contractor taking out the permit
549	must provide verification giving his or her Construction
550	Industry Licensing Board registration or certification number.
551	(b)  The registration or certification number of each
552	contractor or certificate of authority number for each business
553	organization shall appear in each offer of services, business
554	proposal, bid, contract, or advertisement, regardless of medium,
555	as defined by board rule, used by that contractor or business
556	organization in the practice of contracting.
557	(c)  If a vehicle bears the name of a contractor or
558	business organization, or any text or artwork which would lead a
559	reasonable person to believe that the vehicle is used for
560	contracting, the registration or certification number of the
561	contractor or certificate of authority number of the business
562	organization must be conspicuously and legibly displayed with
563	the name, text, or artwork. Local governments may also require
564	that locally licensed contractors must also display their
565	certificate of competency or license numbers. Nothing in this
566	paragraph shall be construed to create a mandatory vehicle
567	signage requirement.
568	(d)  For the purposes of this part, the term
569	"advertisement" does not include business stationery or any
570	promotional novelties such as balloons, pencils, trinkets, or
571	articles of clothing.
572	(e)  The board shall issue a notice of noncompliance for
573	the first offense, and may assess a fine or issue a citation for
574	failure to correct the offense within 30 days or for any
575	subsequent offense, to any contractor or business organization
576	that fails to include the certification or, registration, or
577	certificate of authority number as required by this part when
578	submitting an advertisement for publication, broadcast, or
579	printing or fails to display the certification or, registration,
580	or certificate of authority number as required by this part.
581	(6)(7)  Each qualifying agent shall pay the department an
582	amount equal to the original fee for registration or
583	certification to qualify a certificate of authority of a new
584	business organization. If the qualifying agent for a business
585	organization desires to qualify additional business
586	organizations, the board shall require the qualifying agent him
587	or her to present evidence of his or her ability to supervise
588	the construction activities and financial responsibility of each
589	such organization. Approval of each business organization The
590	issuance of such certificate of authority is discretionary with
591	the board.
592	(7)(8)(a)  A business organization proposing to engage in
593	contracting is not required to apply for or obtain authorization
594	under this part to engage in contracting if:
595	1.  The business organization employs one or more
596	registered or certified contractors licensed in accordance with
597	this part who are responsible for obtaining permits and
598	supervising all of the business organization's contracting
599	activities;
600	2.  The business organization engages only in contracting
601	on property owned by the business organization or by its parent,
602	subsidiary, or affiliated entities; and
603	3.  The business organization, or its parent entity if the
604	business organization is a wholly owned subsidiary, maintains a
605	minimum net worth of $20 million.
606	(b)  Any business organization engaging in contracting
607	under this subsection shall provide the board with the name and
608	license number of each registered or certified contractor
609	employed by the business organization to supervise its
610	contracting activities. The business organization is not
611	required to post a bond or otherwise evidence any financial or
612	credit information except as necessary to demonstrate compliance
613	with paragraph (a).
614	(c)  A registered or certified contractor employed by a
615	business organization to supervise its contracting activities
616	under this subsection shall not be required to post a bond or
617	otherwise evidence any personal financial or credit information
618	so long as the individual performs contracting activities
619	exclusively on behalf of a business organization meeting all of
620	the requirements of paragraph (a).
621	Section 17.  Subsection (1) of section 489.127, Florida
622	Statutes, is amended to read:
623	489.127  Prohibitions; penalties.--
624	(1)  No person shall:
625	(a)  Falsely hold himself or herself or a business
626	organization out as a licensee, certificateholder, or
627	registrant;
628	(b)  Falsely impersonate a certificateholder or registrant;
629	(c)  Present as his or her own the certificate or,
630	registration, or certificate of authority of another;
631	(d)  Knowingly give false or forged evidence to the board
632	or a member thereof;
633	(e)  Use or attempt to use a certificate or, registration
634	that, or certificate of authority which has been suspended or
635	revoked;
636	(f)  Engage in the business or act in the capacity of a
637	contractor or advertise himself or herself or a business
638	organization as available to engage in the business or act in
639	the capacity of a contractor without being duly registered or
640	certified or having a certificate of authority;
641	(g)  Operate a business organization engaged in contracting
642	after 60 days following the termination of its only qualifying
643	agent without designating another primary qualifying agent,
644	except as provided in ss. 489.119 and 489.1195;
645	(h)  Commence or perform work for which a building permit
646	is required pursuant to part IV of chapter 553 without such
647	building permit being in effect; or
648	(i)  Willfully or deliberately disregard or violate any
649	municipal or county ordinance relating to uncertified or
650	unregistered contractors.
651
652	For purposes of this subsection, a person or business
653	organization operating on an inactive or suspended certificate
654	or, registration, or certificate of authority is not duly
655	certified or registered and is considered unlicensed. A business
656	tax receipt issued under the authority of chapter 205 is not a
657	license for purposes of this part.
658	Section 18.  Paragraph (b) of subsection (1) of section
659	489.128, Florida Statutes, is amended to read:
660	489.128  Contracts entered into by unlicensed contractors
661	unenforceable.--
662	(1)  As a matter of public policy, contracts entered into
663	on or after October 1, 1990, by an unlicensed contractor shall
664	be unenforceable in law or in equity by the unlicensed
665	contractor.
666	(b)  For purposes of this section, an individual or
667	business organization may not be considered unlicensed for
668	failing to have a business tax receipt issued under the
669	authority of chapter 205. A business organization may not be
670	considered unlicensed for failing to have a certificate of
671	authority as required by ss. 489.119 and 489.127. For purposes
672	of this section, a business organization entering into the
673	contract may not be considered unlicensed if, before the date
674	established by paragraph (c), an individual possessing a license
675	required by this part concerning the scope of the work to be
676	performed under the contract has submitted an application for a
677	certificate of authority designating that individual as a
678	qualifying agent for the business organization entering into the
679	contract, and the application was not acted upon by the
680	department or applicable board within the time limitations
681	imposed by s. 120.60.
682	Section 19.  Subsections (1), (5), and (7) of section
683	489.129, Florida Statutes, are amended to read:
684	489.129  Disciplinary proceedings.--
685	(1)  The board may take any of the following actions
686	against any certificateholder or registrant: place on probation
687	or reprimand the licensee, revoke, suspend, or deny the issuance
688	or renewal of the certificate or, registration, or certificate
689	of authority, require financial restitution to a consumer for
690	financial harm directly related to a violation of a provision of
691	this part, impose an administrative fine not to exceed $10,000
692	per violation, require continuing education, or assess costs
693	associated with investigation and prosecution, if the
694	contractor, financially responsible officer, or business
695	organization for which the contractor is a primary qualifying
696	agent, a financially responsible officer, or a secondary
697	qualifying agent responsible under s. 489.1195 is found guilty
698	of any of the following acts:
699	(a)  Obtaining a certificate or, registration, or
700	certificate of authority by fraud or misrepresentation.
701	(b)  Being convicted or found guilty of, or entering a plea
702	of nolo contendere to, regardless of adjudication, a crime in
703	any jurisdiction which directly relates to the practice of
704	contracting or the ability to practice contracting.
705	(c)  Violating any provision of chapter 455.
706	(d)  Performing any act which assists a person or entity in
707	engaging in the prohibited uncertified and unregistered practice
708	of contracting, if the certificateholder or registrant knows or
709	has reasonable grounds to know that the person or entity was
710	uncertified and unregistered.
711	(e)  Knowingly combining or conspiring with an uncertified
712	or unregistered person by allowing his or her certificate or,
713	registration, or certificate of authority to be used by the
714	uncertified or unregistered person with intent to evade the
715	provisions of this part. When a certificateholder or registrant
716	allows his or her certificate or registration to be used by one
717	or more business organizations without having any active
718	participation in the operations, management, or control of such
719	business organizations, such act constitutes prima facie
720	evidence of an intent to evade the provisions of this part.
721	(f)  Acting in the capacity of a contractor under any
722	certificate or registration issued hereunder except in the name
723	of the certificateholder or registrant as set forth on the
724	issued certificate or registration, or in accordance with the
725	personnel of the certificateholder or registrant as set forth in
726	the application for the certificate or registration, or as later
727	changed as provided in this part.
728	(g)  Committing mismanagement or misconduct in the practice
729	of contracting that causes financial harm to a customer.
730	Financial mismanagement or misconduct occurs when:
731	1.  Valid liens have been recorded against the property of
732	a contractor's customer for supplies or services ordered by the
733	contractor for the customer's job; the contractor has received
734	funds from the customer to pay for the supplies or services; and
735	the contractor has not had the liens removed from the property,
736	by payment or by bond, within 75 days after the date of such
737	liens;
738	2.  The contractor has abandoned a customer's job and the
739	percentage of completion is less than the percentage of the
740	total contract price paid to the contractor as of the time of
741	abandonment, unless the contractor is entitled to retain such
742	funds under the terms of the contract or refunds the excess
743	funds within 30 days after the date the job is abandoned; or
744	3.  The contractor's job has been completed, and it is
745	shown that the customer has had to pay more for the contracted
746	job than the original contract price, as adjusted for subsequent
747	change orders, unless such increase in cost was the result of
748	circumstances beyond the control of the contractor, was the
749	result of circumstances caused by the customer, or was otherwise
750	permitted by the terms of the contract between the contractor
751	and the customer.
752	(h)  Being disciplined by any municipality or county for an
753	act or violation of this part.
754	(i)  Failing in any material respect to comply with the
755	provisions of this part or violating a rule or lawful order of
756	the board.
757	(j)  Abandoning a construction project in which the
758	contractor is engaged or under contract as a contractor. A
759	project may be presumed abandoned after 90 days if the
760	contractor terminates the project without just cause or without
761	proper notification to the owner, including the reason for
762	termination, or fails to perform work without just cause for 90
763	consecutive days.
764	(k)  Signing a statement with respect to a project or
765	contract falsely indicating that the work is bonded; falsely
766	indicating that payment has been made for all subcontracted
767	work, labor, and materials which results in a financial loss to
768	the owner, purchaser, or contractor; or falsely indicating that
769	workers' compensation and public liability insurance are
770	provided.
771	(l)  Committing fraud or deceit in the practice of
772	contracting.
773	(m)  Committing incompetency or misconduct in the practice
774	of contracting.
775	(n)  Committing gross negligence, repeated negligence, or
776	negligence resulting in a significant danger to life or
777	property.
778	(o)  Proceeding on any job without obtaining applicable
779	local building department permits and inspections.
780	(p)  Intimidating, threatening, coercing, or otherwise
781	discouraging the service of a notice to owner under part I of
782	chapter 713 or a notice to contractor under chapter 255 or part
783	I of chapter 713.
784	(q)  Failing to satisfy within a reasonable time, the terms
785	of a civil judgment obtained against the licensee, or the
786	business organization qualified by the licensee, relating to the
787	practice of the licensee's profession.
788
789	For the purposes of this subsection, construction is considered
790	to be commenced when the contract is executed and the contractor
791	has accepted funds from the customer or lender. A contractor
792	does not commit a violation of this subsection when the
793	contractor relies on a building code interpretation rendered by
794	a building official or person authorized by s. 553.80 to enforce
795	the building code, absent a finding of fraud or deceit in the
796	practice of contracting, or gross negligence, repeated
797	negligence, or negligence resulting in a significant danger to
798	life or property on the part of the building official, in a
799	proceeding under chapter 120.
800	(5)  The board may not reinstate the certification or,
801	registration, or certificate of authority of, or cause a
802	certificate or, registration, or certificate of authority to be
803	issued to, a person who or business organization which the board
804	has determined is unqualified or whose certificate or,
805	registration, or certificate of authority the board has
806	suspended until it is satisfied that such person or business
807	organization has complied with all the terms and conditions set
808	forth in the final order and is capable of competently engaging
809	in the business of contracting.
810	(7)  The board shall not issue or renew a certificate or,
811	registration, or certificate of authority to any person or
812	business organization that has been assessed a fine, interest,
813	or costs associated with investigation and prosecution, or has
814	been ordered to pay restitution, until such fine, interest, or
815	costs associated with investigation and prosecution or
816	restitution are paid in full or until all terms and conditions
817	of the final order have been satisfied.
818	Section 20.  Subsection (5) of section 489.132, Florida
819	Statutes, is amended to read:
820	489.132  Prohibited acts by unlicensed principals;
821	investigation; hearing; penalties.--
822	(5)  The department may suspend, revoke, or deny issuance
823	or renewal of a certificate or, registration, or certificate of
824	authority for any individual or business organization that
825	associates a person as an officer, director, or partner, or in a
826	managerial or supervisory capacity, after such person has been
827	found under a final order to have violated this section or was
828	an officer, director, partner, trustee, or manager of a business
829	organization disciplined by the board by revocation, suspension,
830	or fine in excess of $2,500, upon finding reasonable cause that
831	such person knew or reasonably should have known of the conduct
832	leading to the discipline.
833	Section 21.  Subsection (5) of section 489.513, Florida
834	Statutes, is amended to read:
835	489.513  Registration; application; requirements.--
836	(5)  Registration permits the registrant to engage in
837	contracting only in the area and for the type of work covered by
838	the registration, unless local licenses are issued for other
839	areas and types of work or unless certification is obtained.
840	When a registrant desires to register in an additional area of
841	the state, he or she shall first comply with any local
842	requirements of that area and then file a request with the
843	department, together with evidence of holding a current
844	occupational license or license issued by the county or
845	municipality for the area or areas in which he or she desires to
846	be registered, whereupon his or her evidence of registration
847	shall be endorsed by the department to reflect valid
848	registration for the new area or areas.
849	Section 22.  Section 509.233, Florida Statutes, is amended
850	to read:
851	509.233  Public food service establishment requirements;
852	local exemption for dogs in designated outdoor portions; pilot
853	program.--
854	(1)  INTENT.--It is the intent of the Legislature by this
855	section to establish a 3-year pilot program for local
856	governments to allow patrons' dogs within certain designated
857	outdoor portions of public food service establishments.
858	(1)(2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
859	509.032(7), the governing body of a local government may
860	participating in the pilot program is authorized to establish,
861	by ordinance, a local exemption procedure to certain provisions
862	of the Food and Drug Administration Food Code, as currently
863	adopted by the division, in order to allow patrons' dogs within
864	certain designated outdoor portions of public food service
865	establishments.
866	(2)(3)  LOCAL DISCRETION; CODIFICATION.--
867	(a)  The adoption of the local exemption procedure shall be
868	at the sole discretion of the governing body of a participating
869	local government. Nothing in this section shall be construed to
870	require or compel a local governing body to adopt an ordinance
871	pursuant to this section.
872	(b)  Any ordinance adopted pursuant to this section shall
873	provide for codification within the land development code of a
874	participating local government.
875	(3)(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
876	(a)  Any local exemption procedure adopted pursuant to this
877	section shall only provide a variance to those portions of the
878	currently adopted Food and Drug Administration Food Code in
879	order to allow patrons' dogs within certain designated outdoor
880	portions of public food service establishments.
881	(b)  In order to protect the health, safety, and general
882	welfare of the public, the local exemption procedure shall
883	require participating public food service establishments to
884	apply for and receive a permit from the governing body of the
885	local government before allowing patrons' dogs on their
886	premises. The local government shall require from the applicant
887	such information as the local government deems reasonably
888	necessary to enforce the provisions of this section, but shall
889	require, at a minimum, the following information:
890	1.  The name, location, and mailing address of the public
891	food service establishment.
892	2.  The name, mailing address, and telephone contact
893	information of the permit applicant.
894	3.  A diagram and description of the outdoor area to be
895	designated as available to patrons' dogs, including dimensions
896	of the designated area; a depiction of the number and placement
897	of tables, chairs, and restaurant equipment, if any; the
898	entryways and exits to the designated outdoor area; the
899	boundaries of the designated area and of other areas of outdoor
900	dining not available for patrons' dogs; any fences or other
901	barriers; surrounding property lines and public rights-of-way,
902	including sidewalks and common pathways; and such other
903	information reasonably required by the permitting authority. The
904	diagram or plan shall be accurate and to scale but need not be
905	prepared by a licensed design professional.
906	4.  A description of the days of the week and hours of
907	operation that patrons' dogs will be permitted in the designated
908	outdoor area.
909	(c)  In order to protect the health, safety, and general
910	welfare of the public, the local exemption ordinance shall
911	include such regulations and limitations as deemed necessary by
912	the participating local government and shall include, but not be
913	limited to, the following requirements:
914	1.  All public food service establishment employees shall
915	wash their hands promptly after touching, petting, or otherwise
916	handling dogs. Employees shall be prohibited from touching,
917	petting, or otherwise handling dogs while serving food or
918	beverages or handling tableware or before entering other parts
919	of the public food service establishment.
920	2.  Patrons in a designated outdoor area shall be advised
921	that they should wash their hands before eating. Waterless hand
922	sanitizer shall be provided at all tables in the designated
923	outdoor area.
924	3.  Employees and patrons shall be instructed that they
925	shall not allow dogs to come into contact with serving dishes,
926	utensils, tableware, linens, paper products, or any other items
927	involved in food service operations.
928	4.  Patrons shall keep their dogs on a leash at all times
929	and shall keep their dogs under reasonable control.
930	5.  Dogs shall not be allowed on chairs, tables, or other
931	furnishings.
932	6.  All table and chair surfaces shall be cleaned and
933	sanitized with an approved product between seating of patrons.
934	Spilled food and drink shall be removed from the floor or ground
935	between seating of patrons.
936	7.  Accidents involving dog waste shall be cleaned
937	immediately and the area sanitized with an approved product. A
938	kit with the appropriate materials for this purpose shall be
939	kept near the designated outdoor area.
940	8.  A sign or signs reminding employees of the applicable
941	rules shall be posted on premises in a manner and place as
942	determined by the local permitting authority.
943	9.  A sign or signs reminding patrons of the applicable
944	rules shall be posted on premises in a manner and place as
945	determined by the local permitting authority.
946	10.  A sign or signs shall be posted in a manner and place
947	as determined by the local permitting authority that places the
948	public on notice that the designated outdoor area is available
949	for the use of patrons and patrons' dogs.
950	11.  Dogs shall not be permitted to travel through indoor
951	or nondesignated outdoor portions of the public food service
952	establishment, and ingress and egress to the designated outdoor
953	portions of the public food service establishment must not
954	require entrance into or passage through any indoor area of the
955	food establishment.
956	(d)  A permit issued pursuant to this section shall not be
957	transferred to a subsequent owner upon the sale of a public food
958	service establishment but shall expire automatically upon the
959	sale of the establishment. The subsequent owner shall be
960	required to reapply for a permit pursuant to this section if the
961	subsequent owner wishes to continue to accommodate patrons'
962	dogs.
963	(4)(5)  POWERS; ENFORCEMENT.--Participating local
964	governments shall have such powers as are reasonably necessary
965	to regulate and enforce the provisions of this section.
966	(5)(6)  STATE AND LOCAL COOPERATION.--The division shall
967	provide reasonable assistance to participating local governments
968	in the development of enforcement procedures and regulations,
969	and participating local governments shall monitor permitholders
970	for compliance in cooperation with the division. At a minimum,
971	participating local governments shall establish a procedure to
972	accept, document, and respond to complaints and to timely report
973	to the division all such complaints and the participating local
974	governments' enforcement responses to such complaints. A
975	participating local government shall provide the division with a
976	copy of all approved applications and permits issued, and the
977	participating local government shall require that all
978	applications, permits, and other related materials contain the
979	appropriate division-issued license number for each public food
980	service establishment.
981	(7)  FUTURE REVIEW AND REPEAL.--This section shall expire
982	July 1, 2009, unless reviewed and saved from repeal through
983	reenactment by the Legislature.
984	Section 23.  Subsections (8) through (22) of section
985	548.002, Florida Statutes, are renumbered as subsections (9)
986	through (23), respectively, and a new subsection (8) is added to
987	that section, to read:
988	548.002  Definitions.--As used in this chapter, the term:
989	(8)  "Event" means one or more matches comprising a show.
990	Section 24.  Paragraph (k) of subsection (2) of section
991	548.003, Florida Statutes, is amended to read:
992	548.003  Florida State Boxing Commission.--
993	(2)  The Florida State Boxing Commission, as created by
994	subsection (1), shall administer the provisions of this chapter.
995	The commission has authority to adopt rules pursuant to ss.
996	120.536(1) and 120.54 to implement the provisions of this
997	chapter and to implement each of the duties and responsibilities
998	conferred upon the commission, including, but not limited to:
999	(k)  Establishment of criteria for approval, disapproval,
1000	suspension of approval, and revocation of approval of amateur
1001	sanctioning organizations for amateur boxing, and kickboxing,
1002	and mixed martial arts matches held in this state, including,
1003	but not limited to, the health and safety standards the
1004	organizations use before, during, and after the matches to
1005	ensure the health, safety, and well-being of the amateurs
1006	participating in the matches, including the qualifications and
1007	numbers of health care personnel required to be present, the
1008	qualifications required for referees, and other requirements
1009	relating to the health, safety, and well-being of the amateurs
1010	participating in the matches. The commission may adopt by rule,
1011	or incorporate by reference into rule, the health and safety
1012	standards of USA Boxing as the minimum health and safety
1013	standards for an amateur boxing sanctioning organization, and
1014	the health and safety standards of the International Sport
1015	Kickboxing Association as the minimum health and safety
1016	standards for an amateur kickboxing sanctioning organization,
1017	and the minimum health and safety standards for an amateur mixed
1018	martial arts sanctioning organization. The commission shall
1019	review its rules for necessary revision at least every 2 years
1020	and may adopt by rule, or incorporate by reference into rule,
1021	the then-existing current health and safety standards of USA
1022	Boxing and the International Sport Kickboxing Association. The
1023	commission may adopt emergency rules to administer this
1024	paragraph.
1025	Section 25.  For the purpose of incorporating the amendment
1026	made by this act to subsection (1) of section 455.227, Florida
1027	Statutes, in a reference thereto, paragraph (a) of subsection
1028	(2) of section 468.436, Florida Statutes, is reenacted to read:
1029	468.436  Disciplinary proceedings.--
1030	(2)  The following acts constitute grounds for which the
1031	disciplinary actions in subsection (4) may be taken:
1032	(a)  Violation of any provision of s. 455.227(1).
1033	Section 26.  For the purpose of incorporating the amendment
1034	made by this act to subsection (1) of section 455.227, Florida
1035	Statutes, in a reference thereto, paragraph (a) of subsection
1036	(1) of section 468.832, Florida Statutes, is reenacted to read:
1037	468.832  Disciplinary proceedings.--
1038	(1)  The following acts constitute grounds for which the
1039	disciplinary actions in subsection (2) may be taken:
1040	(a)  Violation of any provision of this part or s.
1041	455.227(1);
1042	Section 27.  For the purpose of incorporating the amendment
1043	made by this act to subsection (1) of section 455.227, Florida
1044	Statutes, in a reference thereto, paragraph (a) of subsection
1045	(1) of section 468.842, Florida Statutes, is reenacted to read:
1046	468.842  Disciplinary proceedings.--
1047	(1)  The following acts constitute grounds for which the
1048	disciplinary actions in subsection (2) may be taken:
1049	(a)  Violation of any provision of this part or s.
1050	455.227(1);
1051	Section 28.  For the purpose of incorporating the amendment
1052	made by this act to subsection (1) of section 455.227, Florida
1053	Statutes, in a reference thereto, paragraph (a) of subsection
1054	(1) of section 471.033, Florida Statutes, is reenacted to read:
1055	471.033  Disciplinary proceedings.--
1056	(1)  The following acts constitute grounds for which the
1057	disciplinary actions in subsection (3) may be taken:
1058	(a)  Violating any provision of s. 455.227(1), s. 471.025,
1059	or s. 471.031, or any other provision of this chapter or rule of
1060	the board or department.
1061	Section 29.  For the purpose of incorporating the amendment
1062	made by this act to section (1) of section 455.227, Florida
1063	Statutes, in a reference thereto, paragraph (a) of subsection
1064	(1) of section 472.033, Florida Statutes, is reenacted to read:
1065	472.033  Disciplinary proceedings.--
1066	(1)  The following acts constitute grounds for which the
1067	disciplinary actions in subsection (2) may be taken:
1068	(a)  Violation of any provision of s. 472.031 or s.
1069	455.227(1);
1070	Section 30.  For the purpose of incorporating the amendment
1071	made by this act to subsection (1) of section 455.227, Florida
1072	Statutes, in a reference thereto, paragraph (a) of subsection
1073	(1) of section 473.323, Florida Statutes, is reenacted to read:
1074	473.323  Disciplinary proceedings.--
1075	(1)  The following acts constitute grounds for which the
1076	disciplinary actions in subsection (3) may be taken:
1077	(a)  Violation of any provision of s. 455.227(1) or any
1078	other provision of this chapter.
1079	Section 31.  For the purpose of incorporating the amendment
1080	made by this act to subsection (1) of section 455.227, Florida
1081	Statutes, in a reference thereto, paragraph (a) of subsection
1082	(1) of section 475.25, Florida Statutes, is reenacted to read:
1083	475.25  Discipline.--
1084	(1)  The commission may deny an application for licensure,
1085	registration, or permit, or renewal thereof; may place a
1086	licensee, registrant, or permittee on probation; may suspend a
1087	license, registration, or permit for a period not exceeding 10
1088	years; may revoke a license, registration, or permit; may impose
1089	an administrative fine not to exceed $5,000 for each count or
1090	separate offense; and may issue a reprimand, and any or all of
1091	the foregoing, if it finds that the licensee, registrant,
1092	permittee, or applicant:
1093	(a)  Has violated any provision of s. 455.227(1) or s.
1094	475.42. However, licensees under this part are exempt from the
1095	provisions of s. 455.227(1)(i).
1096	Section 32.  For the purpose of incorporating the amendment
1097	made by this act to subsection (1) of section 455.227, Florida
1098	Statutes, in a reference thereto, subsection (1) of section
1099	475.624, Florida Statutes, is reenacted to read:
1100	475.624  Discipline.--The board may deny an application for
1101	registration or certification; may investigate the actions of
1102	any appraiser registered, licensed, or certified under this
1103	part; may reprimand or impose an administrative fine not to
1104	exceed $5,000 for each count or separate offense against any
1105	such appraiser; and may revoke or suspend, for a period not to
1106	exceed 10 years, the registration, license, or certification of
1107	any such appraiser, or place any such appraiser on probation, if
1108	it finds that the registered trainee, licensee, or
1109	certificateholder:
1110	(1)  Has violated any provisions of this part or s.
1111	455.227(1); however, certificateholders, registrants, and
1112	licensees under this part are exempt from the provisions of s.
1113	455.227(1)(i).
1114	Section 33.  For the purpose of incorporating the amendment
1115	made by this act to subsection (1) of section 455.227, Florida
1116	Statutes, in a reference thereto, paragraph (h) of subsection
1117	(1) of section 476.204, Florida Statutes, is reenacted to read:
1118	476.204  Penalties.--
1119	(1)  It is unlawful for any person to:
1120	(h)  Violate any provision of s. 455.227(1), s. 476.194, or
1121	s. 476.214.
1122	Section 34.  For the purpose of incorporating the amendment
1123	made by this act to subsection (1) of section 455.227, Florida
1124	Statutes, in a reference thereto, paragraph (h) of subsection
1125	(1) of section 477.029, Florida Statutes, is reenacted to read:
1126	477.029  Penalty.--
1127	(1)  It is unlawful for any person to:
1128	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
1129	or s. 477.028.
1130	Section 35.  For the purpose of incorporating the amendment
1131	made by this act to subsection (1) of section 455.227, Florida
1132	Statutes, in a reference thereto, paragraph (a) of subsection
1133	(1) of section 481.225, Florida Statutes, is reenacted to read:
1134	481.225  Disciplinary proceedings against registered
1135	architects.--
1136	(1)  The following acts constitute grounds for which the
1137	disciplinary actions in subsection (3) may be taken:
1138	(a)  Violating any provision of s. 455.227(1), s. 481.221,
1139	or s. 481.223, or any rule of the board or department lawfully
1140	adopted pursuant to this part or chapter 455.
1141	Section 36.  For the purpose of incorporating the amendment
1142	made by this act to subsection (1) of section 455.227, Florida
1143	Statutes, in a reference thereto, paragraph (a) of subsection
1144	(1) of section 481.325, Florida Statutes, is reenacted to read:
1145	481.325  Disciplinary proceedings.--
1146	(1)  The following acts constitute grounds for which the
1147	disciplinary actions in subsection (3) may be taken:
1148	(a)  Violation of any provision of s. 455.227(1), s.
1149	481.321, or s. 481.323.
1150	Section 37.  Section 509.201, Florida Statutes, is
1151	repealed.
1152	Section 38.  This act shall take effect October 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.